INTRODUCTORY
The City Council of the City of Columbia, Missouri met for
a regular meeting at 7:00 p.m., on Monday, May 7, 2001, in the Council Chamber
of the City of Columbia, Missouri. The roll was taken with the following results:
Council members HUTTON, LOVELESS, JOHN, COFFMAN, CRAYTON, and JANKU were present.
Mayor Hindman was absent.
APPROVAL OF MINUTES
The minutes of the regular meeting of April 16, 2001, were
approved unanimously by voice vote on a motion made by Mr. Hutton and a second
by Mr. Janku.
APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
Mr. Beck noted that B178-01 would be added to New Business
and Report E would be added to Reports and Petitions.
The agenda, as amended, including the Consent Agenda, was
approved unanimously by voice vote on a motion made by Mr. Janku and a second
by Mr. Hutton.
SPECIAL ITEMS
Resolution of Appreciation - Cliff Robertson
Mayor pro-tem Crayton, the City Manager, and Water and Light
Director Dick Malon were joined at the podium by Mr. Robertson. Mr. Malon explained
that Mr. Robertson, Manager of the Transmission Distribution Division, is retiring
Friday after working for 52½ years for the City. He said that Mr. Robertson
is an outstanding example for all other City employees, as well as citizens of
Columbia, by making many contributions to the quality of life in this community.
Mr. Malon said he has been both proud and pleased to have worked with him.
Mayor pro-tem Crayton read and presented Mr. Robertson with
a framed Resolution of Appreciation.
Mr. Beck thanked Mr. Robertson for all of the good work he
has done over the years. He noted the support his wife had contributed over the
years.
Mr. Robertson thanked the administration for their support
and trust in him. He also thanked his wife for her help and support.
SCHEDULED PUBLIC COMMENTS
None.
PUBLIC HEARINGS
B104-01A Rezoning property located on north
side of East Texas Avenue, east of North Garth Avenue from
R-1
to R-2.
The bill was read by the Clerk.
Mr. Beck explained that this item had been tabled because
it was amended at the request of the applicant.
Mayor pro-tem Crayton opened the public hearing.
There being no comments, Mayor pro-tem Crayton closed the
public hearing.
Mr. Janku commented that this proposal strikes a good balance
and will allow the owners to do what they want to do with their property, while
at the same time allow the City to protect the neighborhood against future rezonings
in the area.
B104-01A was read with the vote recorded as follows: VOTING
YES: HUTTON, LOVELESS, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT:
HINDMAN. Bill declared enacted, reading as follows:
B152-01 Amending Chapters 13 and 22
of City Code to increase charges for sewage service.
The bill was given second reading by the Clerk.
Mr. Beck explained that this bill was prepared in accordance
with the discussion during the 1997 sewer ballot issue. At that time, it was
indicated there would be a need to pay off revenue bonds with three sewer rate
increases. This will be the third, 3% increase. The rate increase will be implemented
with the first billing cycle in June 2001. Since the passage of the revenue bond
issue, Mr. Beck noted a great amount of work has been completed throughout the
City.
Mr. Patterson explained the public hearing this evening is
a requirement in order to use State Revolving Loan Funds to finance the projects.
He noted by utilizing these funds, it provides the City with a substantial savings
in regards to interest rates. For the average residential user, he stated the
third increase would constitute a 29 cent per month increase based on the average
water consumption of 5,200 gallons per month. The rate will increase from $9.64
to $9.93. Mr. Patterson reported the increase will generate approximately $140,000
in additional funding each year.
Mayor pro-tem Crayton opened the public hearing.
There being no comments, Mayor pro-tem Crayton closed the
public hearing.
B152-01 was given third reading with the vote recorded as
follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, CRAYTON, JANKU. VOTING
NO: NO ONE. ABSENT. HINDMAN. Bill declared enacted, reading as follows:
(A) Construction of pedestrian bridge
over Business Loop 70 along the east side of Paris Road.
Item A was read by the Clerk.
The City Manager read the following statement:
(B) Drainage improvements to Bicknell
Street - Walnut Street area.
Item B was read by the Clerk.
Mr. Patterson explained that this project was identified in
the early 80's as a high priority storm water improvement need. He reported staff
worked very closely with the residents of the neighborhood during the planning
process. The project will consist of a combination of some new piping to retain
natural drainage ways. In conjunction with the project, some sanitary sewers
will be relocated to eliminate infiltration and inflow that caused flooding of
basements in the area. Mr. Patterson reported a large portion of the work will
consist of constructing a reinforced concrete box culvert along Walnut Street
to Aldeah, and then south of Aldeah approximately 150 feet. He noted a unique
feature of this culvert is that it will carry only excess storm water -- normal
rainfall will continue to flow through the original channel. In addition, the
project consists of some grading and restoration of the opening at the north
side of the culvert. Mr. Patterson indicated the portion upstream will be left
in its natural state per the neighborhood's request. He pointed out the overgrowth
and vegetation will filter the storm water to maintain water quality.
On Bicknell, Mr. Patterson reported these pipes will be replaced
and enlarged. He said this will accommodate excess storm water that is not being
carried by the system at this time.
Mr. Patterson remarked the third major component of the project
will be construction of a pipe and inlet system along the west side of Aldeah
from Ash Street to the new culvert. This will correct the flooding problems at
the intersection of Ash and Aldeah during heavy rains.
Mr. Patterson noted that the project will eliminate house
flooding at 409 Walnut and 19 Aldeah and will eliminate street flooding that
occurs in the entire area. Additionally, the project will provide for the relocation
of a sanitary sewer that is presently under three houses in the area.
Mr. Patterson stated the cost of the project will be approximately
$410,000, with funding coming from Storm Water Utility and Sanitary Sewer Utility
funds.
Mayor pro-tem Crayton opened the public hearing.
Gail Plemmons, 17 Aldeah, suggested ways for the staff to
approach these kinds of projects. She indicated her family does not consider
the creek next to their house as a drainage ditch. They see it as a living waterway
and a natural habitat. Ms. Plemmons suggested that the City hire landscapers
to plant vegetation to prevent erosion, and to coordinate sanitary sewer repairs
with this work to cut costs and the disruption to residents.
Mayor pro-tem Crayton closed the public hearing.
Mr. Janku asked if plantings are included in the plans. Mr.
Patterson responded that trees being removed as part of the project would be
replaced and additional landscaping will occur in the disturbed areas. He explained
that routine maintenance of open channels is not done by the City. Ms. Plemmons
argued the City should maintain them.
Mr. Loveless made the motion that the staff be directed to
proceed with the Bicknell-Walnut Drainage Improvement Project. The motion was
seconded by Mr. John and approved unanimously by voice vote.
(C) Annexation of land on the east
side of Bearfield Road, south of Nifong Boulevard.
Item C was read by the Clerk.
Mr. Beck explained that this tract contains approximately
7.6 acres and is located about 500 feet south of Route AC. The property is currently
vacant and is zoned A-1 in the County. The suggested zoning designation is O-P
to allow for the construction of a residential care center.
Mayor pro-tem Crayton opened the public hearing.
There being no comment, Mayor pro-tem Crayton closed the public
hearing.
Mr. Coffman noted that the applicant has been meeting with
some of the neighbors regarding the concept of the retirement community that
is proposed should the annexation request be approved.
(D) Improvements to Sixth Street from Wilkes
Boulevard to Hickman Avenue.
Item D was read by the Clerk.
Mr. Patterson noted the project estimate to be $260,000 with
funding being proposed from Community Development Block Grant funds and tax bills
against adjacent properties. This unimproved residential street is approximately
90-feet in width with a 40-foot platted right of way. The existing pavement is
anywhere from 18 to 20-feet wide with one four-foot sidewalk along the west side
of the street. Existing storm sewers in the area are inadequate in size, and
Mr. Patterson commented that his department has received many storm drainage
complaints from residents. Sanitary sewer improvements are proposed in order
to replace deficient sewer manholes and pipe that had been found during preliminary
site investigations. Financing for the sanitary sewer work will come from Sanitary
Sewer Utility funds.
Mr. Patterson reported the proposed improvements include the
construction of a 28-foot wide street with concrete curb and gutters, and four-foot
sidewalks two-feet from the back of the curb on both sides of the street. Mr.
Patterson noted that the normal standard for residential streets is 32-feet,
but staff thought 28-feet would be adequate for this area. He noted the utility
poles would be located within the two-foot grass strip between the sidewalk and
the curb to avoid expensive relocation costs. Extensive storm drainage work will
be included as part of the street improvement in order to reduce the street and
yard flooding in the area.
Mr. Patterson commented that staff has met with affected property
owners and the neighborhood associations to develop the proposed design. All
adjacent property owners and interested parties have received a copy of the report
sent to the Council and they were advised of the public hearing.
Mr. Patterson noted one issue of particular significance to
which the Council will need to provide direction. He explained that a request
had been received from the property owner at the corner of Sixth and Hickam to
omit the sidewalk along that portion of the street, approximately 100 feet in
length. He displayed a picture of the structure and noted that it is extremely
close to the right-of-way and would, in fact, interfere with construction of
the sidewalk. Additionally, Mr. Patterson said the four well-established trees
would have to be removed. Staff suggested the possibility that this portion of
the sidewalk be eliminated, and if or when some redevelopment at the corner occurs,
then the walk could be constructed.
Mr. Patterson explained that because the project is located
in the Community Development Block Grant area, the properties would be subject
to tax bills in an amount equal to one-half of the normal rate. Those individuals
who qualify as low to moderate income property owners are also eligible for grants
that would pay the entire tax amount. The maximum tax bill rate for this project
is set at $15 per abutting foot. If Council approves the project, he pointed
out that another public hearing would be held after construction in order to
allow for the tax bill assessments. At that time, the Council will need to determine
if there have been special benefits accrued to the properties that are at least
equal to the proposed assessments. Mr. Patterson listed factors the Council may
wish to consider at that time as follows: the curb and guttering and the storm
drainage facilities will provide for better overall storm water management, the
curb and gutter will also improve the appearance and maintainability of the properties,
new driveway approaches will provide better access to the properties, the new
improved road surface will reduce wear and tear on private vehicles, and the
City will be better able to maintain the street -- particularly with regard to
street cleaning and snow removal. Under current policy when streets are constructed
to improved standards, the property owners are no longer subject to tax bill
maintenance costs which can be as much as $2.00 per foot per year.
Mr. Patterson indicated if after receiving public comment
the Council wishes to proceed with the project, a motion should be made directing
such. He asked for specific direction with regard to the request for elimination
of the sidewalk on the northeast corner of Sixth Street and Hickman Avenue.
Mayor pro-tem Crayton opened the public hearing.
Samuel Owen, owner of Smith Shoe Repair, the building at the
northeast corner of Sixth and Hickman, said he was not totally opposed to losing
the trees if it was absolutely necessary. However, they do provide a significant
amount of shade in the summertime.
Mayor pro-tem Crayton closed the public hearing.
Mr. Janku favored keeping the trees, but also believed some
sort of alternative walkway could be considered. He asked about the fire hydrant
and whether or not it would be moved as part of the project. Mr. Patterson said
it would have to be relocated if a sidewalk is constructed. Mr. Janku suggested
a four-foot alternative walkway without the two-foot buffer, and street could
be slightly narrowed at this location.
Mr. Hutton asked if the sidewalk could be omitted in front
of the lot for the first 60 or 70 feet, and then some kind of alternative walk
like Mr. Janku suggested could be placed in this area. He also wondered how much
excavating would occur. Mr. Patterson said the street and sidewalks would be
constructed very close to grade; there would be some excavation for the curb.
Mr. Hutton asked if there was a reasonable chance the roots of the trees would
not be damaged. Mr. Patterson responded staff thought the trees could be saved
because the curb would be located about six or seven feet from them if a sidewalk
is not required in this area. He thought it would be 60 feet before they would
be past the trees.
Mr. John asked if there was anything that would prevent the
construction of a regular sidewalk from the 60-foot mark. Mr. Patterson concurred
with that assessment.
Mr. Janku thought some type of walk should be provided at
the corner. He believed this section of street could be narrowed.
Mr. Hutton asked about the manhole cover. Mr. Patterson replied
the new grade would match pretty close.
Mr. Loveless wondered if Mr. Janku was suggesting that the
street could be narrowed to 24-feet for the first 60 to 100 feet, and then widened
to the full 28-feet past the trees. Mr. Janku thought it could be tapered and
then the two-foot area between the sidewalk and curb could accommodate the rest
of it. He said this might come to 26 feet, but he did not want to dictate numbers.
Mr. John's preference was to stay with a 28-foot street with
no sidewalk until they get past the trees.
At this point there was considerable discussion as to the
wording of a motion.
Mr. Patterson commented that he understood the desire to have
pedestrian connectivity. Before the project can be bid, plans will have to come
back to the Council. He said if the Council would give the staff some latitude,
they would try to come back with an alternative without having to do a lot of
extensive design. Mr. Patterson thought they could work with 24-feet.
Mr. Janku made the motion that the street be 24-feet wide
at the initial point with a four foot alternative walkway tapering back and that
staff have the option of bringing alternatives to the Council before making their
final decision. The motion was seconded by Mr. Coffman and approved unanimously
by voice vote.
Mr. Patterson said an interim report would be provided to
the Council.
OLD BUSINESS
B127-01 Authorizing agreement with Missouri
Highway & Transportation Commission for construction of
pedestrian
bridge over Business Loop 70 along east side of Paris Road; appropriating
funds.
The bill was given second reading by the Clerk.
Mr. Beck explained that approval of this bill would authorize
the City to sign a formal agreement with MoDOT regarding the previously discussed
bridge project.
B127-01 was given third reading with the vote recorded as
follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, CRAYTON, JANKU. VOTING
NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
B133-01 Amending Chapter 10 of the
City Code pertaining to cable television franchises.
The bill was read by the Clerk.
Mr. Boeckmann explained that an amendment sheet had been prepared
to address the issues raised at the last meeting. In addition to the criteria
set forth previously, he added language to allow the Council to approve the transfer
assignment unless it finds the proposed transferee lacks the legal, technical
or financial qualifications to perform its obligations under the franchise. Mr.
Boeckmann explained the other language that had been added.
Mr. Hutton made the motion that B133-01 be amended per the
amendment sheet. The motion was seconded by Mr. Coffman and approved unanimously
by voice vote.
If this amendment passes, Mr. Coffman asked about the time
frame with the current application. Mr. Boeckmann said they would still have
time. He said both cable companies were reviewing the draft ordinance. Mr. Coffman
suggested a Cable Committee meeting prior to the meeting where the issue will
be voted on.
B133-01, as amended, was read with the vote recorded as follows:
VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE.
ABSENT: HINDMAN. Bill declared enacted, reading as follows:
B146-01 Granting variance to subdivision
regulations re: sidewalks, Country Farms Subdivision, Plat 2.
The bill was given second reading by the Clerk.
Mr. Beck explained that the Planning and Zoning Commission
recommended approval of the variance subject to an alternate walkway being installed
along the Vawter School Road property frontage.
Mr. Dudark noted that the subject lot had been platted in
1998. He also pointed out that this section of Vawter School Road is an improved
street with curb and gutter. He explained the variance request to be for a four-foot
wide asphalt sidewalk to be located in the right-of-way. Mr. Dudark stated the
applicant does not have to comply with the new five-foot standard that became
effective in January of this year. He indicated the City does not have a policy
that applies to this request because the homeowner is asking to use an alternate
material.
Mr. Dudark reported Public Works has recommended a five-foot
sidewalk, but they think a base of six inches and then a layer of asphalt consisting
of 1½ inches would be adequate. He noted there is 311 feet of street frontage.
To the east of the property is an existing four-foot concrete sidewalk along
the south side of Vawter School Road. Mr. Dudark indicated the applicant requested
the use of asphalt because they plan to construct a driveway using this material,
and would like to have the same contractor install the sidewalk. Regarding the
width, he noted that the Commission was split on this issue (6-3) with the prevailing
side thinking a four-foot sidewalk was fine because the existing walk to the
east is of this width, and also because the five-foot standard went into effect
after this issue came up.
Mr. Patterson noted that when the alternatives were listed
for sidewalks on unimproved streets, it was not anticipated the material standards
would change for improved streets. He said staff's comments at the time were
based on the fact that a concrete sidewalk would be more appropriate in this
location because it would tie into an existing sidewalk. For maintenance and
future responsibilities, Mr. Patterson stated concrete would be much better.
Mr. Loveless asked about the difference in cost. Mr. Patterson
said he could not imagine that concrete could be much more expensive for this
short a distance. He noted with an asphalt walk, a rolled stone base would be
required -- which is relatively expensive. Whereas if concrete is used, the City
would require a walk four-feet wide and four-inches thick.
Mr. Coffman asked about the significant difference in relation
to maintenance costs. Mr. Patterson said with asphalt, the edges tend to crumble
and break away. Mr. Coffman questioned who would be responsible for the maintenance
of the walk. Mr. Patterson replied under current policy, the City would be responsible
for half of the maintenance cost. Mr. Coffman asked if any analysis had been
done as to what these costs might be over time. Mr. Patterson indicated this
had not been figured because they did not anticipate that someone would request
to use an alternative material.
Skip Walther, an attorney with offices at 700 Cherry, spoke
on behalf of the property owners. He gave a brief history of the request and
said an alternative walkway had been granted just around the corner from this
site. That surface is gravel. When that variance was granted, his client became
interested in seeking a similar variance because of the relative cost savings.
Because the Council was considering a policy regarding sidewalks, his client
decided to delay their request. While waiting for the policy, it was learned
that the City instituted the five-foot requirement. Mr. Walther noted his client's
first request was for a four-foot walk. The request for a four-foot walk tonight
is the width that was in effect when his client initially applied for the variance.
In regards to the request to use asphalt instead of concrete, Mr. Walther believed
there would be some savings for this property owner because he plans to install
an asphalt driveway. He noted the sidewalk would not connect to any other walk.
Mr. Loveless asked if the improvement of Vawter School Road
stops just at the edge of the applicant's property. Mr. Walther said it is very
close to it.
Karl Skala, a Planning and Zoning Commission member said the
initial confusion stemmed from the intent of what was recommended. The sidewalk
policy related to alternative walkways along unimproved streets. In this case,
the walk would be along an improved street. Mr. Skala believed the intent of
the sidewalk policy does not provide an alternate except in form, not substance.
Mr. John commented that the variance granted on Old Mill Creek
was based on it being an unimproved street, and there was a drainage ditch alongside
the road with no place to put a sidewalk in the right-of-way. When the Council
approved the gravel sidewalk, they were warned there was no maintenance clause
in it. He said this walkway does not provide the kind of alternative the Council
anticipated because of the lack of maintenance on it. Nevertheless, Mr. John
commented that issue was completely different because it involved an unimproved
street. In this case, Vawter School Road is an improved street with a curb and
gutter. He said a sidewalk system will continue through this area because several
of the lots further down have been annexed. At some point the south side of Vawter
School Road, from Old Mill Creek to Scott Boulevard, will be in the City limits.
He could not see the benefit of allowing an asphalt walk. Mr. John would prefer
a four-feet wide concrete sidewalk.
B146-01 was given third reading with the vote recorded as
follows: VOTING YES: NO ONE. VOTING NO: HUTTON, LOVELESS, JOHN, COFFMAN, CRAYTON,
JANKU. ABSENT: HINDMAN. Bill defeated.
B149-01 Approving final plat of Salvation
Army Subdivision; accepting performance contract.
The bill was given second reading by the Clerk.
Mr. Beck explained that this would create one R-3 lot for
the planned expansion of the Salvation Army Harbor House. He noted that staff
and the Planning and Zoning Commission both recommended approval. He pointed
out a variance request relating to street right-of-way.
Mr. Hutton asked about the purpose of performance contracts.
Mr. Beck explained the performance contract is done in lieu of putting up a bond
on improvements.
B149-01 was given third reading with the vote recorded as
follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, CRAYTON, JANKU. VOTING
NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
B150-01 Authorizing agreement with
Chiodini Associates for professional services.
The bill was given second reading by the Clerk.
Mr. Beck explained that the Mayor had appointed a committee
on public buildings to look at the Daniel Boone Building as well as other office
space in the Central Business District Area. Prior to that, an update to the
space utilization study indicated there to be a deficit in the square footage
of space for various City offices. The Building Committee had a sub-committee
which interviewed and took proposals from a number of architectural firms. He
said the sub-committee interviewed the firms and had unanimously recommended
Chiodini Associates to develop options for current and future office needs in
the Central Business District. The full committee and staff concurred with their
recommendation.
Mr. Hutton commented that he had been on the sub-committee
that selected the firm. He said they had done an outstanding job in their presentation
and have some very impressive people working on the project. He thought they
would do an excellent job.
B150-01 was given third reading with the vote recorded as
follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, CRAYTON, JANKU. VOTING
NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
B151-01 Authorizing interconnection
agreement with Boone County Regional Sewer District for service to
Leisure
Hills Subdivision; appropriating funds.
The bill was given second reading by the Clerk.
Mr. Beck explained that staff has met with the Regional District
to review some interim treatment facilities in and around Columbia and determine
how these might best be handled, preferably eliminating them wherever possible.
He said this particular agreement will eliminate a lagoon operated in the Leisure
Hills area. The City would pay the District $7,700 to shut down the lagoon, and
then the residents would become City customers.
Mr. Hutton understood the sewer work itself would be built
and paid for by a private developer. Mr. Patterson said that was correct, the
Boone County Sewer District and the developer of the Deer Ridge Subdivision have
an agreement to do that. Essentially, the City would agree to pay $7,700 to the
District which is the estimated cost to them for the contractor to close the
existing lagoon. Mr. Hutton asked if the sewer work would have to be carried
out according to City specifications. Mr. Patterson verified that the City would
be doing all of the inspections on it.
B151-01 was given third reading with the vote recorded as
follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, CRAYTON, JANKU. VOTING
NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
B154-01 Amending Fy 2001 Budget for
cost of Special Election; transferring funds.
The bill was given second reading by the Clerk.
Mr. Beck explained that this budget amendment would pay the
cost of the November ballot issue. He explained that the costs are pro-rated
amongst the public entities that have an item on the ballot. The City's share
amounted to $33,600, which was 38% of the total election cost. The recommendation
is that the funds be appropriated from the Parks Sales Tax.
Mr. Loveless asked if it was common within the City that the
entity, whether it be a utility or a park, to pay for the cost of the election
from their account. Mr. Boeckmann said the actual money collected from the tax
will not be used directly to pay for the election, but it will free-up other
money that will pay for the election. Ms. Fleming explained that the City Clerk's
budget pays for all election costs. She said this transfer would allow the disbursement
of general revenue funds to pay for the election.
B154-01 was given third reading with the vote recorded as
follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, CRAYTON, JANKU. VOTING
NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
CONSENT AGENDA
The following bills were given second reading and the resolutions
were read by the Clerk.
B140-01 Calling for bids: traffic signal
modifications at Route 763 and Smiley Lane intersection.
B141-01 Calling for bids: Sanitary Sewer
District 152.
B142-01 Calling for bids: Sanitary Sewer
District 155.
B143-01 Authorizing acquisition of land
for construction of Spruce Drive.
B144-01 Accepting easement for utility
purposes.
B145-01 Vacating a sewer easement on
the proposed BMG Development Subdivision on northeast corner
of
Curtis Avenue and Kentucky Boulevard.
B147-01 Approving final plat of Hathman
Subdivision Plat 2, located north of Business Loop 70, near
intersection
of Old 63.
B148-01 Approving final plat of BMG
Development Subdivision; accepting performance contract.
B153-01 Amending Chapter 18 of the Code
relating to pensions for firefighters.
R87-01 Setting a public
hearing: construction of Forum Boulevard from Dunbar Drive to Old Plank Road.
R88-01 Setting a public
hearing: improvements at Columbia Regional Airport.
R89-01 Setting a public
hearing: construction of sanitary sewers in Sanitary Sewer District No. 141
(Green
Valley
Drive).
R90-01 Setting a public
hearing: improvements to I-70 Drive Southwest from Business Loop 70 to West
Boulevard.
R91-01 Setting a public
hearing: construction of sanitary improvements - Grindstone Creek Pump Station
and
Force Main, H-17N and H-21 Relief Extension.
R92-01 Setting a public
hearing: development of Dublin Neighborhood Park.
R93-01 Authorizing amendment
to FY 2001 HIV contract with State of Missouri.
R94-01 Authorizing agreement
with Buck Consultants for review of City medical and dental plans.
R95-01 Authorizing an amendment
to the contract with Horizon Research Services to provide an extension
for
the evaluation of city-funded social services.
R96-01 Authorizing an amendment
to the agreement with the Missouri Department of Conservation to add
Stephens
Lake to the Community Assistance Program.
The bills were given third reading and the resolutions
were read with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS,
JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Bills
declared enacted and resolutions declared adopted, reading as follows:
NEW BUSINESS
R97-01 Authorizing construction services
agreement with Boone County Regional Sewer District.
The resolution was read by the Clerk.
Through this proposal, Mr. Beck explained that the City will
inspect nine projects for the Sewer District at a cost not to exceed $153,958
which will be paid by the District over a period of three to four years. He reminded
the Council that the budget had been amended in February to allow for the addition
of two Engineering Aids. One of those individuals was to work on these projects.
He said if this person is not being utilized for the District, he was sure that
Mr. Patterson has additional work in his department for them to do.
The vote on R97-01 was recorded as follows: VOTING YES: HUTTON,
LOVELESS, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN.
Resolution declared adopted, reading as follows:
R98-01 Authorizing the public sale
of Certificates of Participation for public building expansion.
The resolution was read by the Clerk.
Ms. Fleming explained that this will provide financing for
the Recreation Center, the new fire station, and some other building expansion
needs. She said this authorizes the public sale which will be done for the first
time over the Internet. The public sale will occur on May 21, 2001, at 1:00 p.m.
Ms. Fleming indicated the numbers would be available for passage at that evening's
Council meeting.
Mr. Janku asked if there was a minimal point where the City
could not do this sort of thing. Specifically, he was thinking of future projects
in the two to three million dollar range. Ms. Fleming said that would be pushing
it, although there are many municipalities that participate in public sales for
less than one million dollars. She said there are economies of combining issues
and the larger the issue the less the issuance costs. Ms. Fleming explained there
are certain fixed costs that must be paid, i.e., attorneys, financial advisors
and underwriters. She said that smaller issues do cost more. When a project is
under 1.5 million, Ms. Fleming stated that she looks for internal ways to finance
it.
Mr. Janku asked if the City would arbitrage this when it is
sold. Ms. Fleming responded that the City cannot legally earn arbitrage and we
have to restrict our investment income. She said this bond has been sized in
order to meet the two-year spend down requirements. Ms. Fleming reported that
any excess interest earnings over the interest costs would have to be returned
to the federal government.
The vote on R98-01 was recorded as follows: VOTING YES: HUTTON,
LOVELESS, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN.
Resolution declared adopted, reading as follows:
R99-01 Authorizing CDBG agreements
with various community agencies.
The resolution was read by the Clerk.
Mr. Beck explained that HUD released CDBG funds for FY 2001
projects. These agreements with the six agencies are as follows: The Enterprise
Development Corporation will receive $25,000; Columbia Enterlight Ministries
will receive $15,000; Columbia Housing Authority will receive $100,000; Boone
County Council on Aging will receive $25,000; Consumer Credit Counseling will
receive $5,000; and the North Central Neighborhood Association will receive $15,000.
Mr. Janku understood that funds are paid as services are performed,
and the monies did not automatically get sent to the agency. Mr. Dudark verified
these are reimbursements.
The vote on R99-01 was recorded as follows: VOTING YES: HUTTON,
LOVELESS, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN.
Resolution declared adopted, reading as follows:
The following bills were introduced by the Mayor pro-tem, unless otherwise indicated, and all were given first reading:
B155-01 Accepting a Missouri Youth/Adult
Alliance Alcohol Policy Grant; appropriating funds.
B156-01 Appropriating funds for reimbursement
of overtime pay for traffic enforcement.
B157-01 Authorizing agreement with Boone
County for public health services.
B158-01 Authorizing agreement with Boone
County for animal control services.
B159-01 Amending Chapter 14 of City
Code to prohibit parking on south side of Austin Avenue between
Grand
Avenue and Providence Road.
B160-01 Confirming contract with Emery
Sapp and Sons, Inc. for rehabilitation of Runway 2-20 at Columbia
Regional
Airport.
B161-01 Calling for bids: Phase 2 expansion
Columbia Regional Airport.
B162-01 Accepting an Environmental Improvement
and Energy Resources Authority Grant; appropriating funds.
B163-01 Accepting easements for sewer,
utility and drainage purposes.
B164-01 Approving engineers final report;
accepting a deed of dedication; authorizing payment of differential
costs
for water main serving Valley View Ridge, Plat 1.
B165-01 Approving engineers final report;
accepting a deed of dedication; authorizing payment of differential
costs
for water main serving the Tribune Publishing Company.
B166-01 Authorizing agreements with
Ameren Energy Marketing.
B167-01 Accepting easements for electric
and water purposes.
B168-01 Approving the "Totally Kids
Child Care" O-P Development Plan; granting variances to the Sub-
division
Regulations.
B169-01 Annexation of land located on
the east side of Bearfield Road, south of Nifong Boulevard;
establishing
permanent O-P zoning.
B170-01 Rezoning property located on
the southeast corner of Nifong Boulevard and Bearfield Road from
District
A-1 to District O-P.
B171-01 Amending Chapter 20 of the City
Code pertaining to the Planning and Zoning Commission.
B172-01 Granting a variance to the Subdivision
Regulations regarding sidewalk construction along the east
side
of Old 63.
B173-01 Authorizing an annexation agreement
with Mary West Lamar.
B174-01 Approving the execution and
delivery of principal amount of Certificates of Participation, Series 2001A.
B175-01 Amending Chapter 11 to allow
temporary exemption from the beverage deposit ordinance for annexed
properties.
B176-01 Authorizing revised agreements
with Centerstate Properties, L.L.C., Boone County and the Missouri
Highway
and Transportation Commission for the Vandiver Extension Project, Phase 1.
B177-01 Authorizing an annexation agreement
with Lake of the Woods South, L.L.C.
B178-01 Appropriation of funds for the
Grindstone/Lake of the Woods Sewer Project.
REPORTS AND PETITIONS
(A) Intra-departmental transfer of funds.
Report accepted.
(B) Residential signs.
Mr. Beck commented that questions had been raised about the
number and the size of signs allowed in a residential area of the City. Staff
suggests that the Planning and Zoning Commission review signage requirements
for residential areas and report back to the Council with their findings.
Mr. Janku made the motion that the issue be referred to the
Planning and Zoning Commission for their review and report. The motion was seconded
by Mr. Hutton and approved unanimously by voice vote.
(C) Outdoor lighting.
Mr. Beck explained that several reports have been sent to
the Council relating to lighting, including the report from the Energy and Environment
Commission and the Police Department. Per the Council's request, the Planning
staff had consolidated this information and suggests three alternatives for consideration.
Mr. Janku said he initially referred the issue to the Energy
and Environment Commission in order to obtain specific information relating to
gas station canopies as that seems to be the reoccurring issue. He supported
alternative two (develop a regulation only for specific uses) and said the comprehensive
approach would be rather daunting. He said if clear standards could be developed,
they may not have to worry about open zones. Mr. Janku commented the two specific
uses he would like to see reviewed would be for gas station canopies and sports
fields.
Mr. Coffman agreed with Mr. Janku and said he would like to
either shoe-box or shield commercial lighting to prevent glare off of the property.
He did not want to limit the amount of light needed for safety purposes on a
particular property.
Mr. Beck commented that the next step would be to develop
an ordinance to implement the second alternative. He remarked that staff could
bring a draft ordinance to the Council. This in turn could be referred to a Commission
for a public hearing. It was decided that the Council would see a draft ordinance
first and then decide where to send it.
Mr. Janku suggested that the new Council members be sent a
copy of the lighting report that was generated by the Energy and Environment
Commission.
Mr. Janku made a motion that the Council receive a draft ordinance
(alternative #2 dealing with gas stations) for their review. The motion was seconded
by Mr. Coffman and approved unanimously by voice vote.
(D) Report of Cleanup Columbia.
Mr. Beck noted that 1,150 people of various ages participated
in the cleanup day on April 21st with 2,600 hours being contributed. Twelve hundred
bags of trash were collected. He said there was also a program initiated in the
First Ward, the Worley Street Project, where a lot of work was accomplished.
Mr. Janku commented that he had presented the awards at the
recognition luncheon and thought it had been a very successful event.
Ms. Crayton spoke about the Worley Street Project. She indicated
volunteers mainly worked with people who had received citations for violations.
Ms. Crayton indicated they are continuing to look for volunteers and materials
to work on the problem areas within her ward.
(E) City Utility Customers List.
Mr. Beck stated that in the past, the City has not released
utility customer account information. He reported on a court case in Springfield,
Missouri where public utilities like Columbia have been forced to release the
list of utility customers. Mr. Beck stated the City received a request for such
a list and he wanted the Council to be aware that it would be released in accordance
with the Sunshine Law and the court proceedings.
Mr. Coffman believed this was a privacy concern that the City
should look into. He did not think that most City utility customers would know
their address and phone number, which they may choose to keep unlisted, could
be available to anyone asking for it. It could also be learned how much a person
is paying for utilities and what their usage is. At a minimum, Mr. Coffman thought
the public needed to know that this is happening. He suggested that staff explore
whether or not it is appropriate for the City to release this information, and
perhaps an exception could be made for certain personal information.
Mr. Janku said it could also be a personal safety matter.
He was thinking about protective orders and things of that nature.
Ms. Crayton asked if anyone could request the information.
Mr. Beck said that was what he understood.
Mr. Coffman made the motion that staff be directed to explore
legislative alternatives. The motion was seconded by Mr. Janku and approved unanimously
by voice vote.
Mr. Hutton suggested urging the citizens of Columbia to contact
their legislators to voice their displeasure.
BOARDS AND COMMISSIONS
None.
COMMENTS OF COUNCIL, STAFF, AND PUBLIC
Mr. Janku explained that Mayor Hindman had asked him to request
an extension of time for appointing the Beverage Container Deposit Committee.
He asked for an extension to the first meeting in June. The Mayor also asked
the Council to forward him names of people they would like to see on this committee.
Mr. Janku made the motion that the Mayor be given an extension
to the first meeting in June. The motion was seconded by Mr. Coffman and approved
unanimously by voice vote.
Mr. Janku commented that the unimproved section of north Garth
is in very bad shape. He said it is a high traffic area and a lot of the pavement
is breaking down. In particular, there is a significant pothole on the bridge.
He thought more than patches would be necessary. Mr. Janku asked the Public Works
Department to see what could be done. He included the Blue Ridge area as well.
Mr. Hutton reported that he had received a letter from a Stephens
College class which he will pass on to Mr. Beck. The request related to the City
considering the possibility of doing some extended historical marking. He said
the students offered to do the research on events and places within Columbia
that are of a historic nature, and then the City could commemorate these areas
with a marker of some kind. Mr. Hutton thought it was an idea worth looking into.
Mr. Janku agreed and suggested the Council refer the letter
to the Historic Preservation Commission and ask for them to follow-up on the
suggestion.
Mr. Hutton made the motion that the letter be referred to
the Historic Preservation Commission for their review and report back to the
Council. The motion was seconded by Mr. Janku and approved unanimously by voice
vote.
Mr. John noted that there will be a public hearing at the
next meeting regarding the extension of Forum Boulevard. He said there is a lot
of interest in the subject and he wanted residents to be aware of it.
Mr. John commented that the recent rains have caused underground
street light cables to be exposed on Brandon Road. He asked that these be re-buried.
Mr. Coffman noted a second mass eviction in a mobile home
park in the 6th Ward in less than a year. The Cedar Oaks community recently received
notice that they will have to move their manufactured homes within 60 days. He
said most individuals involved do not have the means to put together the money
needed to move their homes. Four of the people had recently moved from the Walnut
Woods community when it was closed down. He assumed the justification to close
Cedar Oaks was based on the need to resolve the sewer problems in the area. Mr.
Coffman spoke about the legislation sponsored by Vicki Riback Wilson (HB 118).
He said the bill was modeled after legislation in other municipalities across
the country and it had gone through considerable debate. Mr. Coffman explained
HB 118 would require a mobile home park owner to give 180 days (6 months) notice
when there is going to be a mass eviction if the use of the property is going
to be changed. During that period, the landlord cannot increase the rent for
any other reason than property taxes. Although, the landlord would still have
the right to evict a tenant who violated the terms of their lease, etc. Although
this bill passed out of the House Committee, Mr. Coffman thought it was clear
that it would not be enacted this year. He spoke of his intentions to introduce
an ordinance at the next meeting that would be similar to HB 118.
Karl Skala, 5201 Gasconade, spoke as an Energy and Environment
Commission member regarding the lighting issue. He thanked the Council for considering
the lighting report. He offered the Commission's expertise on the issue saying
they would be happy to work with the Council and the staff.
Charlie Atkins, Treasurer of Columbians Against Throwaways,
expressed his group's opposition to any waiver of Columbia's deposit ordinance.
They thought it was unfair to the retailers who are required to collect the deposits
and accept redemptions. He said there are many advantages to being within the
City limits of Columbia, and these advantages should stand on their own merits.
Mr. Atkins said his group would also like to see the City move ahead with taking
over the operation of the deposit ordinance. He noted that his group came up
with a proposal that would keep the five cent deposit, but would operate by dividing
the revenue.
Andrew Twaddle, 919 Edgewood, said as the Council proceeds
with the legislation allowing temporary exemption from the beverage deposit ordinance
for annexed properties, he asked them to consider two points: 1) Whether or not
there is a problem of equal protection when some businesses are exempt from the
kinds of regulations other businesses have to face; and 2) Look at the question
of what kind of precedent the City would be setting and whether it is good public
policy to have an ordinance which does not encompass the entire community.
Win Colwill, spoke on behalf of the League of Women Voters.
She stated that the deposit law is too good to throw away. They felt exemptions
would be unfair. She urged the Council to reject the idea. Ms. Colwill passed
around brochures containing reasons for retaining the deposit ordinance.
The meeting adjourned at 9:35 p.m.
Respectfully submitted,
Penny
St. Romaine
City
Clerk
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