INTRODUCTORY
The City Council of the City of Columbia, Missouri met for
a regular meeting at 7:00 p.m., on Monday, February 4, 2002, in the Council Chamber
of the City of Columbia, Missouri. The roll was taken with the following results:
Council Members CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, and HINDMAN
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 January 22, 2002, were
approved unanimously by voice vote on a motion made by Mr. Hutton and a second
by Mr. Loveless.
APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
Mayor Hindman noted that R34-02 would be added under Old Business.
The agenda, as amended, including the Consent Agenda, was
approved unanimously by voice vote on a motion made by Mr. John and a second
by Mr. Coffman.
Mayor Hindman welcomed the fifth grade class from Grant
School.
SPECIAL ITEMS
Columbia Police Department Special Recognition of Citizens.
Police Chief Boehm asked James Downey to join him at the podium.
He explained that Mr. Downey had reported suspicious activity on the morning
of January 4th, 2002, and as a result, the Police Department apprehended the
individual who held up the Bank of America facility at 5 Old Highway 63 South.
Chief Boehm called this a perfect example of community policing wherein the community
and Police Department partner together to solve problems. He thanked Mr. Downey
for his commitment to the City of Columbia and for his help with their community
policing efforts.
Mayor Hindman congratulated Mr. Downey and thanked him for
his efforts.
SCHEDULED PUBLIC COMMENTS
None.
PUBLIC HEARINGS
B406-01 Approving a revision to the
C-P/O-P Development Plan of Village Square.
The bill was read by the Clerk.
Mr. Beck noted that information the Council requested at the
last meeting had been included in their packets, and additional information was
provided tonight.
Mayor Hindman opened the public hearing.
Craig VanMatre, an attorney with offices at 1103 E. Broadway,
spoke on behalf of the applicant. He reiterated that his client is willing to
install three raised speed table sidewalks as shown on the drawing. It was his
understanding the proposal is acceptable to Public Works. He said the applicant
is also willing to build the median with the landscaping as shown on information
provided to the Council. He believed that also to be acceptable by Public Works.
Mr. VanMatre explained that more instruction is needed on the appearance of the
two islands at the entrance of the streets that exit onto Nifong. The applicant
believed that hardscape would be vastly superior for the islands due to the geometry
of the intersections, but he is willing to landscape these if the Council so
wishes. He thought it was inevitable that they would not look as attractive or
last as long if landscaped because it is anticipated that vehicles would most
likely run over the islands as they enter and exit this particular portion of
the development. Mr. VanMatre pointed out his client is willing to post a letter
of credit in lieu of a bond to assure the completion of all the improvements
so an occupancy permit for Walgreens can be issued.
Clifford Rea, 1326 Willowcreek, spoke about the pedestrian
refuge on Forum and the speed bumps on Village Square Drive. He did not support
the speed bumps but was in favor of raised crosswalks. He suggested that the
developer build sidewalks on Nifong and Forum as he owns all of these lots. Mr.
Rea reported many accidents since the lights have been installed at the Forum/Nifong
intersection.
Mayor Hindman closed the public hearing.
In light of the original plan previously approved by the Council,
Mr. John was in favor of the alternative to have landscaping at the Walgreens
entrance; however, since part of the reason an island exists at the Village Square
Drive entrance is due to staff input, it would be acceptable to him to allow
hardscape materials with pavers to make it more attractive. Mr. John also supported
the three raised crosswalks in lieu of speed humps designed to meet Public Works
standards.
Mayor Hindman agreed with Mr. John, but he personally preferred
that both islands contain some landscaping. He noted that was presented at the
time the plan was originally approved, and he thought that would be the more
attractive arrangement. He was not opposed to having some kind of pressed concrete
buffer to protect the landscaping from vehicular traffic.
Mr. John asked the staff about their reasoning for suggesting
that the islands be constructed of concrete. Mr. Patterson did not think the
suggestion had anything to do with the landscaping not working, but rather the
general feeling that there would be less long-term maintenance for the City.
Mr. Janku noted that the staff report mentions widening Forum
Boulevard to better accommodate southbound traffic and the bicycle mix at that
location. He said there was no mention of northbound traffic and wondered if
there was anything that could be done to alleviate the problem of northbound
bikers being pushed to the curb.
Before the island was constructed at this location, Mr. Patterson
indicated this was a shared intersection by bicycles and automobiles. He said
the "pinch point" really comes in on the west side, worse than on the east side.
Mr. Patterson commented that it would be preferable if the entire intersection
could be widened, but thought both lanes would be accommodated by addressing
the west side right now. He noted that his department has not had any input as
to the east side being a major problem, but staff could look into it if the Council
so directed.
Mr. Boeckmann reported that an amendment sheet was prepared
based on the staff memo that went out with the packet on Thursday. He explained
that numbers three and four under Section 3 are at issue.
Mayor Hindman made the motion that numbers three and four
be amended to include that the islands shall have landscaping. The motion was
seconded by Mr. John and approved unanimously by voice vote.
Mr. John asked that the landscaping be consistent with the
location -- not too tall and something requiring little water.
B406-01, as amended, was read with the vote recorded as follows:
VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B17-02 Authorizing Change Order No.
1; approving the engineer's final report; levying special assessments
for
the Fourth Avenue Project; appropriating funds.
The bill was given second reading by the Clerk.
Mr. Beck explained that this project involves both the use
of CDBG money and tax bills against abutting property owners
Mayor Hindman opened the public hearing.
Mr. Patterson explained that this public hearing is for the
purpose of determining special benefits resulting from the improvements made
to Fourth Avenue, from Garth to Providence. The project consisted of reconstructing
approximately 1300 feet of unimproved street to a 28-foot wide curb and guttered
pavement with sidewalks on both sides. The replacement of landscaping in accordance
with property owner wishes was provided following construction of the street.
A public hearing authorizing the work was held in May of 1999.
Mr. Patterson reported the resolution estimate for the project
was $252,000 with the final actual cost being $215,239.45. Community Development
Block Grant funds will provide funding for $159,292.48 and the sanitary sewer
utility will provide $25,600 for upgrades and improvements to deteriorated sanitary
sewer lines within the project limits. The remaining $30,346.97 is proposed to
be tax billed to the adjacent properties, which in accordance with City policies,
would be at a rate one-half the normal tax bill rate for local streets. Property
owners meeting income requirements are eligible for grants to pay the entire
tax bill amount. The tax bill rate for the project is $13.29 per abutting foot.
A total of 37 different parcels of land for which assessments are being proposed
range from $485 to $2,325.
Prior to levying special assessments, Mr. Patterson noted
that the Council must make a determination that special benefits have accrued
to the properties in an amount at least equal to the amount being proposed for
assessment. He suggested the Council consider the following when making that
determination: the curb and guttering improves the overall stormwater management,
the appearance and maintainability of properties has been enhanced, new driveway
approaches will provide better access to properties, and the improved street
surfaces will cause less wear and tear on private vehicles using the street as
a primary access to the properties. Mr. Patterson noted that the City will also
be able to better maintain the streets, particularly in the form of street cleaning
and snow removal. He also reminded the Council that under current policies when
streets are constructed to improved standards, property owners are no longer
subject to tax bill maintenance which could be as much as $2.00 per foot per
year.
Mr. Patterson noted that an amendment sheet had been prepared
to allow for the appropriation of sanitary sewer funds to be included in the
ordinance.
Mayor Hindman closed the public hearing.
Mr. Janku made the motion that B17-02 be amended per the amendment
sheet. The motion was seconded by Mr. Loveless and approved unanimously by voice
vote.
B17-02, as amended, was given third reading with the vote
recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN,
HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B21-02 Calling for bids for construction
of improvements to roadways and parking lots at Kiwanis Park and
Cosmo-Bethel
Park.
The bill was given second reading by the Clerk.
Mr. Beck explained that these two projects were included in
the 2002 fiscal budget. The first is an entryway from Bethel Street into Cosmo-Bethel
Park estimated at a cost of $50,000. The second project includes an entrance
for Kiwanis Park and would upgrade the driveway off of College Park Drive at
an estimated cost of $20,000. The funding will come from the community park development
portion of the 1999 1/4% sales tax ballot issue for park purposes.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
B21-02 was given third reading with the vote recorded as follows:
VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B22-02 Calling for bids for construction
of improvements to Indian Hills Park.
The bill was given second reading by the Clerk.
Mr. Beck explained that this sizable park project has been
budgeted in two fiscal years, 2001 and 2002. Community Development Block Grant
monies will be used.
Mr. Hood explained the proposed improvements to include the
development of a new playground and soccer practice field area, as well as a
ten foot wide, 1.25 mile long trail (gravel surface) around the perimeter of
the park. In addition, fencing would be placed along the southern boundary of
the park, and a new 18-hole disc golf course would be developed. The proposed
improvements reflect planning efforts which have occurred over the last few months.
Mr. Hood indicated that staff met with members of the Indian Hills neighborhood
as well as representatives of the Columbia Disc Golf Club to discuss future improvements
for the park. The improvements could begin late this spring or early summer with
a combination of contract and force account labor. The site earth work would
be done with contract labor and the remainder would be done with force account
labor.
Mr. Loveless asked about the fence on the south end. Mr. Hood
replied that there has been an encroachment problem with the houses that back
up to the park at this location. He remarked that old cars and trucks have been
parked on the property and trash dumping has occurred as well. Staff believed
that fencing (estate-type, split rail) in the area would simply define the boundary
of the park.
Mr. John asked if there was a need for another disc golf course
in Columbia. Mr. Hood explained that the disc golf community has strongly communicated
a need for an additional course. Mr. Janku commented that he sees a lot of people
playing at the course in Oakland Park, and he thought it was a good activity
for a park such as Indian Hills because it would spread people throughout the
park. Mr. Coffman noted disc golf's compatibility with walking trails. Mr. Janku
thought it could be used more throughout the year than a regular golf course.
Mayor Hindman opened the public hearing.
Greg Willingham, 6416 Karen Court, spoke on behalf of the
Columbia Disc Golf Club. He reiterated the need for a third course. He said this
year the Club would be sponsoring a super tour event which will bring more people
and income to Columbia. Mr. Willingham noted members have been helping to clean
up the area for the last several weekends. He remarked that the Club has met
with kids in the area and have introduced them to disc golf.
Laurie Johnson, a resident of Indian Hills, spoke in support
of the disc golfers and said residents are glad to have them there introducing
their sport to the children. She thanked the Parks staff for meeting with the
neighborhood group and including them in their deliberations.
Dennis Smith, 15 Cherokee Lane, was in favor of the improvements,
but was concerned about the amount of existing parking. He recommended that it
be increased at some point. He wondered if that would affect the walking trail.
Mr. Hood replied that the existing parking lot is located on the west side of
the park and can accommodate 15 to 20 cars. At this point, there are no plans
to expand this parking lot, but a previous plan has shown a new lot on the west
side. In discussions with the community, Mr. Hood reported residents seemed to
feel that the existing parking lot was adequate. If the need arises, he believed
there would be an opportunity to expand the lot without substantially affecting
the location of the trail.
Mayor Hindman closed the public hearing.
Mr. Hutton was happy to see this project finally coming to
fruition. He asked about the parking situation if a disc golf tournament is held
in the park. Mr. Hood responded if there is a large tournament, staff may have
to work with the Disc Golf Association to create a temporary parking area within
the boundaries of the park just off the existing lot. As a long-term solution,
he noted the Phase II improvements for the park include the parking lot on the
east side of the park. He said that would become the main access for the disc
golf course. Mr. Hood noted funding is not available at this point to pursue
that, but they would anticipate budgeting the money in the next couple of years
for the second phase. Mr. Hutton inquired as to whether CDBG monies would be
a funding source for the Phase II improvements. Mr. Hood thought it to be one
very likely source of funding. Mr. Hutton asked about the time table for the
second phase. Mr. Hood said it was in the current five year plan, and the $75,000
needed to fund the project would probably be requested in the 2003 or 2004 fiscal
budget. Mr. Hutton questioned whether the road into the park from the east was
located outside the city limits. Mr. Hood believed this property had been annexed
into the city. Mr. Hutton asked what road it would be extended from. Mr. John
thought it would be Lake of the Woods down Rice Road. Mr. Hood said he would
find out.
B22-02 was given third reading with the vote recorded as follows:
VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B27-02 Rezoning property located on
the south side of Monroe Street, approximately 135 feet west of Old
Highway
63, from R-3 to O-P.
The bill was given second reading by the Clerk.
Mr. Beck commented that this1.5 acre tract is being recommended
for approval by the Planning and Zoning Commission subject to the property being
limited to offices for professional and business use.
Mayor Hindman opened the public hearing.
Jeff Crane, 1855 S. Range Line Road, explained that there
is a car lot to the east of the property and a seven-plex on the southwest corner.
He said the lot is located in a primarily industrial area. Mr. Crane guessed
he would lease the building to a CPA and the appearance of the structure would
not change significantly with the exception of modifying the front so it would
look more like an office.
Jay Hascheider, 1403 Windsor, spoke on behalf of the Benton-Stephens
Neighborhood Association. He commented that the Association felt they did not
receive adequate notification of the Planning and Zoning public hearing. He said
they have not had a chance to talk to the developer and were not sure what his
plans are. If this rezoning is approved, the Association does not want it to
set a precedent that would encourage other property owners to request rezonings
such as this.
Mayor Hindman asked why the neighbors had not met with the
developer between the time of the Planning and Zoning public hearing and now.
Mr. Hascheider explained that the outgoing president had not arranged a meeting
and the new president was working on the annual meeting so it got lost in the
shuffle.
Mr. Coffman asked if there are certain aspects of an office
development the residents are particularly concerned about. Mr. Hascheider replied
they are interested in knowing exactly what the limitations are for the use of
the property if the current owner decides to sell it after the rezoning takes
place. Residents are also concerned about what kind of building alterations are
being planned. Mr. Coffman understood their general concern to be that the structure
be compatible with the neighborhood. Mr. Hascheider concurred.
Mayor Hindman closed the public hearing.
Mr. Hutton asked if the neighborhood was sent a letter of
notification regarding the public hearing before the Planning and Zoning Commission.
Mr. Dudark replied that the Association was sent a letter. Mr. Hutton noted a
discussion at the Commission hearing regarding the overlay district and how it
affects this request. He understood this property to be in the overlay district
and that it would not affect it because office and commercial are exempt from
the overlay. Mr. Dudark said that was correct, it only applies to residential
properties. Mr. Hutton also understood the Council would have to approve the
O-P plan for the property. Mr. Dudark said there is an O-P requirement for any
alterations of the property. In addition, Mr. Hutton understood off-street parking
would be required as part of the office zoning. Mr. Dudark replied affirmatively
and said it would depend upon the use. Mr. Hutton asked if the landscaping would
include a certain percentage of green space. Mr. Dudark said it would and possibly
screening depending upon the impact. As far as architectural control, Mr. Hutton
commented there would be none because if the applicant is simply going to remodel
the structure, the O-P plan he brings in will show the existing structure footprint
on the plan. Mr. Dudark said that was correct, any expansion of the footprint
would be part of the plan but not the appearance of the building itself. Mr.
Hutton noted that if the property is sold and the new owner wants to construct
an addition, this would cause an amendment to the plan which would have to be
approved by the Council. Mr. Dudark responded any change like that would require
Council approval, no matter who owns it.
Mr. Coffman inquired as to whether the Council would be approving
the exemption of this property from the overlay district if the property is rezoned.
Mr. Dudark replied yes. In a defacto way, Mr. Hutton remarked the Council would
still have control over it in the sense that they could put the same requirements
that the overlay district requires in the O-P plan. Mr. Dudark agreed that in
this case, the exemption is replaced with another mechanism. Mr. Coffman understood
the concern of residents in this fragile area of the City, but it is hard to
argue that office would not be appropriate next to commercial.
Mr. Hutton indicated he would normally be reluctant to approve
any office or commercial encroachment in residential areas of the Benton-Stephens
Neighborhood. However, this request is different from others. As proposed now,
there will be minimal changes made to the structure and there will be some more
parking. He said landscaping will be required as will a certain amount of green
space and screening. Mr. Hutton noted that not much of an office could be built
on .15 acre. He asked about the land use plan designation for the area. Mr. Dudark
suspected it to be a neighborhood designation which would allow some mixed use
on a case by case basis. Because of the safeguards, Mr. Hutton remarked he could
support the request.
Mr. Janku commented that the office would provide a buffer
from the C-3 to the remaining residential. He saw it as the traditional way of
buffering.
B27-02 was given third reading with the vote recorded as follows:
VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
(A) Construction of sanitary sewers
in Sanitary Sewer District No. 144 (Mexico Gravel Road).
Item A was read by the Clerk.
Mr. Beck explained that this $121,000 project involves nine
parcels of land wherein the property owners have requested sewers. He pointed
out that trunk sewers have been in this area for a number of years, but because
of the size of the parcels, it was difficult for residents to pay the full cost
under previous tax bill policies. Since there is now a $5,00 cap on tax bills,
residents have found it to be more affordable.
Mr. Patterson explained that the tax bills to be assessed
to the individual properties range from $2,800 to $60,000, with the Sanitary
Sewer Utility funding approximately $83,000 of the overall project cost. The
project consists of about 1,300 feet of eight inch pipe that will provide sewer
to nine properties. Five of the nine lots will trigger the $5,000 cap. He noted
that another public hearing will be held to determine the benefits upon completion
of the project if approved.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
If one of the larger lots gets subdivided, Mr. John asked
how the City would get reimbursed for the differential cost. Mr. Patterson explained
that prior to any of the three actions specified in the ordinance -- subdivision
of the property, rezoning of the property or any increase in size of water meters
to the property, additional tax bills will be issued. He said if it is simply
a residential split, the second subdivision would also be limited to $5,000.
As the property redevelops the City is reimbursed.
Mr. Hutton made the motion that staff be directed to proceed
with final plans and specifications. The motion was seconded by Mr. Loveless
and approved unanimously by voice vote.
(B) Voluntary annexation of property
located on the south side of State Route K, approximately 350 east of
the intersection
of State Route K and Old Village Road.
Item B was read by the Clerk.
Mr. Beck explained that this one acre tract is located in
south Columbia. The applicant would like to connect to the City's sewer system
and have informally indicated a request for single family zoning if the property
is annexed.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
Mayor Hindman indicated that no action is required at this
time.
OLD BUSINESS
B28-02 Approving the final plat of Meadow
Lane Estates, a replat of part of Lot 14 of Garth's Addition to the
City
of Columbia.
The bill was given second reading by the Clerk.
Mr. Dudark displayed a drawing of the area showing the general
location of the property. He noted that this large piece of land is made up of
about 1.4 acres with the proposal being to subdivide it into two lots. The south
portion of the property contains an existing single family home with a new accessory
building and a detached garage to the north of that. He then displayed an overhead
of the proposed subdivision. Lot 1 consists of 1.18 acres and Lot 2 as one-quarter
of an acre. Access to Lot 2 would be off of Meadow Lane. Mr. Dudark displayed
another drawing illustrating the layout of the tract which showed the building
site on Lot 2 and dedication of additional right-of-way for Meadow Lane. He said
the access is ten feet wide on Meadow Lane with the rest of the property abutting
adjacent private property. Currently, Mr. Dudark noted that the Subdivision Regulations
do not specify a minimum lot width at the street right-of-way line. He said the
Public Works Department has adopted an administrative standard of 12-feet for
residential driveway widths. He said staff would have to grant a variance should
the Council approve the plat. Mr. Dudark stated the plat will comply with all
Subdivision Regulations.
Mr. Loveless asked why a variance would be needed if there
is no standard in City codes. Mr. Dudark explained that it would be a variance
to the administrative requirement of a 12-foot driveway width, which would be
granted by staff.
Mayor Hindman asked about Council discretion in this case.
Mr. Boeckmann explained that unlike zoning issues, the Council has very limited
discretion under Subdivision Regulations. He said their only discretion is to
ensure that the plat meets all of the ordinance requirements and, if it does,
as this subdivision apparently does, then the Council has to approve it.
Fred Parry, 709 W. Broadway, explained that he and his wife,
Melody, are the applicants for this subdivision. He said a tremendous amount
of misinformation has been circulated around the neighborhood about their plans
for this property. Mr. Parry explained once the property is subdivided, they
plan to construct a duplex containing two, two-bedroom units. He said both units
will have double car garages so no on-street parking will be required. They plan
to work with an architect and designer to build the duplex in a Cape Cod architectural
style so that it blends in with the existing homes in the neighborhood. The units
will be designed to accommodate the needs of senior citizens as there are many
amenities and services nearby for them.
Mr. Parry spoke about the importance of making investments
in the central city of Columbia. He commented that this community is susceptible
to rotting from the core unless people are willing to make the kind of improvements
and investments in the central city like that is what is being proposed tonight.
He noted several real estate professionals have reviewed the project, and they
are in agreement to the positive impact this project will most likely have on
the area.
Mr. Parry noted that the duplex will essentially be built
in his back yard where his children play and where they entertain family and
friends. Because of that, he said they will be very picky about the quality of
construction, the upkeep of the structure, and in choosing the tenants who occupy
the units. He passed around a handout showing rental units surrounding this property.
Unlike any other rental unit in the neighborhood, the Parry's, as landlords,
will be living right next door to the unit and would be constantly aware of what
is happening with the units. He and his wife are familiar with the concerns of
many of the neighbors who do not support the plan, and Mr. Parry pointed out
that they have attended and hosted neighborhood meetings to discuss those concerns.
He indicated they would not do anything to jeopardize the integrity of the neighborhood.
Mr. Coffman commented that he liked the idea of Mr. Parry
not being an absentee landlord. He asked how many people might reside within
the unit and how much traffic might be generated. Mr. Parry responded their goal
is to rent to seniors, so there would be one or two persons living in each unit.
He thought there might be a total of four cars. He noted the other rental units
in the neighborhood containing multiple tenants. Mr. Coffman asked if there were
any safety concerns with such a small access. Mr. Parry explained that the driveway
access is directly on Meadow Lane. He said large construction trucks have been
using it for the last several months and very rarely has there ever been any
congestion at the intersection.
Marcia Muscrat, 119 Anderson, spoke in opposition to the request.
She said most of the neighbors are not in favor of the subdivision, increased
traffic and increased number of rental units. She indicated that most residents
in the neighborhood are homeowners, not renters. Ms. Muscrat wondered how one
could influence the administrators to deny the variance.
Mayor Hindman explained that the Council sets policy but they
do not instruct the administration on how to apply their own regulations.
Allen Thiher, 105 Meadow Lane, distributed pictures of the
neighborhood. He reported that approximately 30-40 residents met with Mr. Parry
a few weeks ago to learn more about the proposal. Mr. Thiher stated the neighborhood
is solidly against it. They felt there was nothing wrong with having green space
in the middle of Columbia, and that the introduction of duplexes would start
leading to the degradation of the neighborhood and to the continuing degradation
of the center city. They were also concerned about the additional automobile
traffic generated by the duplex. He reported most of the time it is next to impossible
to have two-way traffic on Meadow Lane. Mr. Thiher also debated the administrative
variance.
Gary Martin, 111 Bicknell, explained that he spends most of
his time taking care of his mother who lives at 121 Meadow Lane. He had taken
the photos that were passed around and had also taken measurements of Meadow
Lane. Mr. Martin disagreed with some of staff's figures. He also believed the
Council could use their own discretion when they felt it was necessary.
George Breting, 713 W. Broadway, explained that he is the
next door neighbor to Mr. and Mrs. Parry. He spoke in favor of the request. From
what he has seen in the Parry's plan, he felt the proposed structure would be
compatible with the architecture in the area.
Christine Gardner, 112 Anderson, asked the neighbors opposed
to the plan to stand. Approximately 20 people stood.
John Robinson, 117 Meadow Lane, spoke in opposition to the
request.
Robert Tucker, owner of the Taylor House Bed and Breakfast
located across the street from the Parry's, spoke in favor of the request. Mr.
Tucker pointed out that all neighborhoods need continual investing to keep desirability
high and to increase property values. He noted that all of the improvements the
Parry's have made to their property has been first rate.
Laura Froese, 22 N. Glenwood, commented that she and her husband
had moved out of the East Campus neighborhood because of the number of duplexes
that had been constructed. She said they would probably be moving again, and
most likely it would be out of town.
Gail Ludwig, 200 E. Parkway, explained that her rental property
borders on the western edge of the Parry's property. She is concerned about additional
traffic and the ten-foot access. Currently, she reported the construction trucks
using the drive are driving on her property. In order to get the access, she
said the Parry's would have to cut down a huge pin oak tree. Ms. Ludwig asked
the Council to preserve the integrity of the neighborhood.
Bill Easley, 705 Cook, spoke in favor of the plan because
seniors would be targeted as tenants.
Mark McGivincy, 13 Anderson, spoke in opposition to the plan
because he wanted to see the green space remain.
Shelly Graby, 107 Meadow, spoke in opposition because of the
traffic flow.
Mr. Coffman questioned the administrative variance and the
status of the permit granted as a temporary driveway. He asked if the project
could be permitted without the variance. Mr. Boeckmann reiterated that before
the Council tonight is the plat and not the driveway, although it is a related
issue. He pointed out that 10-feet is wide enough to run a car through and the
Fire Department reviewed the plat and found no problem with it because their
trucks would not have to access the driveway. He said the same would be true
with trash pick up. He thought the Council would be hard-pressed to deny access
to a piece of property that is lawfully platted because of the driveway access.
Mr. Patterson reported the design standards and specifications
adopted by the Public Works Department are used as guidelines for construction
purposes of driveways, the entrances to streets, street radii and those kinds
of things. Unless it is codified in City Ordinances, staff follows those standards.
He said they have the administrative authority to vary them according to specific
purposes. Mr. Patterson pointed out that it is not uncommon for them to provide
relief from those standards when people ask for a wider driveway then is shown
as a standard, or a narrower driveway when it does not interfere with the function
of such. He noted that staff reviews the functionality of the variance to determine
whether it serves the purpose for which the intended standard was set.
In this case, Mr. Patterson indicated staff would see no reason
to deny a 10-foot driveway. He said once the plat is approved, the property would
have a 20-foot access to the street and, therefore, they would not be in a position
to request a variance from the City. He said the City becomes the one with the
10-foot "pinch point" in their right-of-way. Mr. Patterson commented that if
that is found to be unacceptable, then the City would probably have an obligation
to acquire enough right-of-way to supply the access. From a practical standpoint,
Mr. Patterson stated staff did not think that would be necessary. The fact the
applicant is dedicating 20-feet of right-of-way frontage makes the 10-foot question
somewhat less of a factor.
Ms. Crayton believed that neighborhoods should be reserved,
but said she did not like vacant lots in her ward because it could set a precedent
in blighting. She noted that if the Council has no discretion and Mr. Parry is
following all regulations, then this request should be approved.
Mr. John pointed out that the Council is not approving a rezoning.
He reported that this property, as well as most of the property on the north
side of Broadway, is zoned R-2. He noted the lot is big enough for the duplex,
and the zoning is already in place. Mr. John remarked that the "meadow" referred
to by many of the residents is actually Mr. Parry's private property and cannot
be preserved for the use of others.
Mr. Janku suggested that the neighborhood look at down-zoning
or an overlay district in order to protect themselves from future development
they feel is inappropriate.
Mr. Hutton asked what discretion, if it applies in this case,
would come from. Mr. Boeckmann said it is a matter of state law -- the state
statutes pertaining to zoning and subdivisions. Mr. Hutton questioned if it would
be unlawful for the Council to deny this request. Mr. Boeckmann replied that
was true. In an effort to clarify the administrative variance question, Mr. Hutton
pointed out that the variance does not apply to a subdivision regulation, but
is a variance to a rule or policy established by City staff. Mr. Boeckmann concurred.
Mayor Hindman thanked the neighbors for coming down and voicing
their opinions. He congratulated Mr. Parry in his efforts to work with the neighbors.
B28-02 was given third reading with the vote recorded as follows:
VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B31-02 Authorizing issuance of Water
and Electric System Revenue Bonds.
The bill was given second reading by the Clerk.
Ms. Fleming explained that at 11:00 a.m. today, bids were
accepted from nine agencies. This is $16,490,000 in Water and Light bonds that
were authorized by the voters in April of 1997. She noted that $22,760,000 were
previously issued in March of 1998. Ms. Fleming reported this would finish out
the bonding capacity authorized by the voters. She pointed out that these are
25-year bonds and she is very pleased with the rate. The winning bidder is Paine
Webber, a firm the City has formerly done business with.
Mr. Boeckmann noted an amendment sheet had been prepared with
a substitute ordinance. As with all bond ordinances, he explained these are never
introduced in complete form because the financial information comes in on the
day of passage. He also noted that insurance provisions were added.
Mr. Hutton motioned that B31-02 be amended per the amendment
sheet. The motion was seconded by Mr. Coffman and approved unanimously by voice
vote.
B31-02, as amended, was given third reading with the vote
recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN,
HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
R34-02 Accepting the bid for the sale
of $16,490,000 Water and Electric Revenue Bonds, 2002 Series A.
The resolution was read by the Clerk.
Ms. Fleming reported that adoption of this resolution would
complete the transaction.
The vote on R34-02 was recorded as follows: VOTING YES: CRAYTON,
JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
CONSENT AGENDA
The following bills were given second reading and the resolutions
were read by the Clerk.
B18-02 Appropriating funds for the
purchase of Paratransit scheduling software.
B19-02 Authorizing a right of use agreement
with Chariton Valley Long Distance Corporation to install fiber
optic
cable within city right-of-way.
B20-02 Amending Chapter 14 of the City
Code to prohibit parking at the Nowell's building at Worley and West
Boulevard
North.
B23-02 Accepting a deed of dedication;
approving the engineer's final report; authorizing payment of differential
costs
for construction of water main serving Vanderveen Crossing, Plat 4.
B24-02 Accepting a deed of dedication;
approving the engineer's final report; authorizing payment of differential
costs
for construction of water main serving Vanderveen Crossing, Plat 6.
B25-02 Accepting a deed of dedication;
approving the engineer's final report; authorizing payment of differential
cost
for construction of water main serving Vanderveen Plaza, Plat 2.
B26-02 Accepting easements for water
utility purposes.
B29-02 Approving a replat of Lot 10
of Sedona Villas, Plat 1.
B30-02 Amending Chapter 7 of the City
Code relating to Civil Defense and Emergency Operations.
R26-02 Setting a public hearing: voluntary
annexation of property located on the west side of Old Village Road,
approximately
900 feet north of State Route K.
R27-02 Setting a public hearing: voluntary
annexation of property located on the northeast and northwest
corners
of the intersection of West Old Plank Road and Hickam Drive.
R28-02 Setting a public hearing: amendment
to the FY 2002 Action Plan to allocate CDBG and HOME funds.
R29-01 Setting a public hearing: levying
special assessments against property benefitted by Sanitary Sewer
District
No. 155 (Marion and Medavista Drive) improvements.
R30-02 Authorizing a grant application
to the Boone Electric Community Trust for support of the Community
Study
Circles Program.
R31-02 Adopting and implementing the
Department of Transportation Disadvantaged Business Enterprise
Program
for MoDOT funding.
The bills were given third reading and the resolutions were
read with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS,
JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Bills declared enacted and resolutions
declared adopted, reading as follows:
NEW BUSINESS
R32-02 Establishing a City Employee
Homeownership Assistance Program.
The resolution was read by the Clerk.
Mr. Beck explained that money had been set aside in the Council
reserve for this program. A total of $32,849 was set aside; however, that is
all the funds remaining in the Council reserve, which is separate from the contingency
fund. He questioned if the Council would like to earmark $30,000 for the remainder
of this fiscal year. Another option was implementing the program in two stages.
The suggestion is to offer up to a $5,000 loan and after five years it would
become a grant if the employee lives in the home for five or more years.
Ms. Crayton asked if these are exclusively City funds, or
whether federal funds could be used for this purpose. Mr. Beck replied that the
amount set aside is strictly City funds. Mr. Dudark commented that no federal
funds are available for this program.
Mr. Janku saw advantages to appropriating the entire $30,000.
If the funding is not spent at the end of the year, he assumed it could be carried
over to the next year. Mr. Beck said it could. Mr. Janku speculated this would
be an employee benefit and would be part of the percentage figured every year
in terms of how much money to be allocated to employee benefits. Mr. Beck thought
this was something a little different from uniform allowance and that sort of
thing. Mr. Janku asked if this could be made a revolving fund with recapture
provisions so the money could be used for the program. Mr. Beck believed it could
be a separate fund -- instead of going back to the general fund at the end of
the year, it could be restricted and carried over.
With regard to this being an employee benefit, Mr. Loveless
assumed the recipient would see an additional $1,000 plus interest added to his
taxable income from the City. Mr. Beck thought it would be a little different.
He noted this would be a personnel cost that not all employees would receive.
Mr. Beck needed to give some more thought to it. He agreed the program will be
an employee/community benefit to help stabilize inner city neighborhoods.
Ms. Crayton said there are already City employees living in
the neighborhood who own their own home. She asked if these individuals would
be eligible for rehabilitation funding. Mr. Dudark explained that there is an
income limitation based on household size. He pointed out that those are federal
funds.
The vote on R32-02 was recorded as follows: VOTING YES: CRAYTON,
JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
R33-02 Authorizing an agreement with
Rafael Architects, Inc. for architectural services for renovation of
office
space
for the Health Department and a health clinic.
The resolution was read by the Clerk.
Mr. Beck explained that a joint committee, made up of City
and County employees, has interviewed consultant firms for architectural work
on the Nowell's Building. He noted the County has expressed in interest in using
up to 20,000 square feet for clinic purposes. This legislation will authorize
the City to administer the architectural agreement. Mr. Beck stated another joint
committee, probably supervised by Stephanie Browning, would work on the design
of the facility. He indicated the County will provide a team to work with the
architect as it relates to the Family Health facility. Mr. Beck had not heard
back from the County relating to some of the other issues brought up by the Council
at a work session. He pointed out that the architectural agreement will need
to be signed by both the City and the County.
Referring to paragraph two of the introductory within the
agreement where it mentions the approximate 33,542 square feet to the west of
the building, Mr. Loveless asked if the phrase was written properly. Mr. Patterson
said it was referring to the west part of the building. Mr. Loveless asked about
the first paragraph where it mentions storm water management evaluation to address
the existing neighborhood drainage problems. He asked if the City has documented
drainage problems in this neighborhood. Mr. Patterson confirmed that statement.
He remarked that the agreement refers to one portion of the Again Street drainage
project. Staff will determine whether there is the potential for on-site detention.
In figuring the cost of the contract, Mr. Hutton noted that
a range is given. He questioned whether the architectural fee is based on construction
costs or just the hourly rate multiplied by the number of hours that each level
in the rate is going to put into the project. Mr. Patterson said it will be based
on the hours documented by the architect. He indicated the City typically does
not enter into contracts based on construction cost percentages. Mr. Hutton asked
about the anticipated construction cost. Mr. Patterson replied that the budget
is anywhere between two and three million, which is within the range of what
would generally be used for percentages.
Referring to page 2 of Exhibit A, Mr. Loveless asked if staff
is certain that the County will buy part of the building. He asked what would
happen if the County ended up just renting instead of buying and the effect it
would have on this contract. Mr. John commented that if the County chooses not
to sign this agreement, staff could simply amend the contract.
The vote on R33-02 was recorded as follows: VOTING YES: CRAYTON,
JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
The following bills were introduced by the Mayor unless otherwise indicated, and all were given first reading:
B32-02 Voluntary annexation of property
located on the south side of State Route K, approximately 350 feet
east
of the intersection of State Route K and Old Village Road.
B33-02 Rezoning property located on
the west side of Rock Quarry Road, east of the easternmost part of
Seven
Oaks Subdivision from A-1 to PUD-3.
B34-02 Approving the Grantwood Village
PUD Site Plan.
B35-02 Approving the final plat of Grantwood
Village.
B36-02 Approving the replat of Lot 16
of Country Club Villas.
B37-02 Vacating street right-of-way
and easements within Bluff Creek Office Park, Plat 4-C.
B38-02 Approving the final plat of Bluff
Creek Office Park, Plat 4-D, a replat of part of Bluff Creek Office
Park,
Plat 4-C.
B39-02 Authorizing Change Order No.
1; approving the engineer's final report; levying special assessments
for
the Sanitary Sewer District No. 155 project (Marion and Medavista Drive).
B40-02 Authorizing Change Order Numbers
1 and 2; approving the engineer's final report for the rehabilitation
of
the airfield lighting control system at Columbia Regional Airport.
B41-02 Confirming the contract of C.L.
Richardson Construction Company, Inc. for the construction of the
American
Legion Post No. 202 Sanitary Sewer Project.
B42-02 Authorizing acquisition of land
necessary for construction of an access to the Bear Creek Trail.
B43-02 Accepting easements for water
main purposes.
B44-02 Authorizing a membership application
and an agreement with Midwest Independent Transmission
System
Operator, Inc.; appropriating funds.
REPORTS AND PETITIONS
(A) Intra-departmental Transfer of Funds.
Report accepted.
(B) Street Closure Request.
Mr. Beck explained that this annual request is for the Partners
in Education Week kick-off ceremony.
Mayor Hindman made the motion that the request be approved
as written. The motion was seconded by Mr. Hutton and approved unanimously by
voice vote.
(C) Farmers Market Issues.
Mr. Beck asked if the Council wished to send a letter to the
State Department of Economic Development requesting an extension to the proposal
submission deadline on behalf of the Sustainable Farms group. The second part
of the report pertains to the use of the Nowell's parking lot this summer for
the Farmers Market. Mr. Beck remarked that he spoke to the Council relating to
the zoning issue at the fairgrounds in that the City would need an overall plan
for the property.
Mr. Janku suspected there would be some kind of a public hearing
on the fairgrounds lease occurring before a final decision is made on it. He
suggested they think about when that might happen and what the process will be.
Mr. Loveless made the motion that staff be directed to send
the letter, as revised, to the State Department of Economic Development requesting
the extension. The motion was seconded by Mr. Janku and approved unanimously
by voice vote.
Mayor Hindman asked about the zoning question on the Nowell's
lot. Mr. Boeckmann explained that it is in a planned zone so the issue is whether
or not the City will have to submit an amendment to the plan. He indicated staff
will have to review it. Mr. Hutton did not think it unreasonable for the group
to use the lot as long as it does not interfere with progress on the site.
Mr. Hutton made the motion that the Farmers Market be allowed
to use the parking lot for their market this summer with the stipulation that
their activities not interfere with that of the building site preparation. The
motion was seconded by Mayor Hindman and approved unanimously by voice vote.
Ms. Crayton commented that she wanted the driveway at the
back of the Nowell's lot closed. Mr. Beck said it is actually a street, but she
made a good point. She noted neighborhood residents had asked for the closure
last summer. Mr. Patterson thought the staff recommendation had been that the
issues with this street be included as part of the development planning for the
Nowell's lot. Staff will review the issue with the objective of cutting off through
traffic, but develop something in the design of the land around the building.
If something is desired before those plans are finished, Mr. Patterson said staff
would need some direction. Mayor Hindman asked about a temporary street closure.
Mr. Beck indicated staff could look into what needs to be done about a temporary
closure.
(D) Proposed Master Plan for the Development
of Stephens Lake Park.
The Council decided to set the public hearing on March 4,
2002. It was decided they would also discuss it at their work session on the
25th of February.
BOARDS AND COMMISSIONS
None.
COMMENTS OF COUNCIL, STAFF, AND PUBLIC
Mr. John observed there were deficiencies in the process followed
during the Village Square issue. He said procedures are not set in place to adequately
ensure that what is passed by the Council becomes fully documented so that if
a plan modification is submitted, staff has the proper tools to review the information.
He noted the Council thought they closed the loophole five or six years ago on
the buildings themselves. The plans before that were being reviewed by Protective
Inspection, but reviewed to building codes. When a C-P plan involves more than
just the buildings, Mr. John asked that staff review the planned district and
the procedures on what needs to be where and who needs to have it to get it done
correctly. He noted this problem has lead to a situation where the Council and
staff are both at fault. Mr. John acknowledged there are times when staff is
made to feel that they need to make policies or policy decisions. However, he
has also heard that people have been told by staff members that the Council would
never approve of certain things. He did not think that was right, but thought
it was partly due to the Council stressing over tough decisions.
Mr. John made the motion that staff report back as quickly
as possible on identifying the needs to ensure planned developments have everything
in place so all components within a plan will be properly implemented. The motion
was seconded by Mr. Janku and approved unanimously by voice vote.
Mr. Coffman asked about the status of discussions with MoDOT
regarding the Bluff Creek neighborhood and concerns about a stop light on the
new AC near Bluff Creek Drive. Mr. Patterson said he was aware of some of the
meetings where concerns have been voiced by several of the commercial businesses
on the new Nifong alignment. He reported that MoDOT is concerned the traffic
light at Falling Leaf will not function with the new highway alignment. Mr. Patterson
indicated the analysis and model study that has been done demonstrated that to
be the case. However, he pointed out that the commercial interests do not want
to see the light removed. He stated that MoDOT is receptive to a City interest
in relocating the traffic signal to the next street to the west (Bluff Creek).
Mr. Patterson commented that future meetings have been scheduled and staff would
continue to stay informed of the situation. He said staff is in the process of
getting a memo to the City Manager as MoDOT has asked for city input.
Ms. Crayton commented that the new fencing the Housing Authority
constructed at the corner of Oak and Worley creates a blind spot for drivers
exiting from Oak. She thought it needed to be set back further. Mr. Patterson
said staff would look into it.
As part of the Mohr Subdivision approved at the last meeting,
Mr. Janku noted that sidewalks would be constructed on the south side of Texas
Avenue. Referring to the Capital Improvement Plan for next year, he wanted to
see the sidewalk along Texas finished. Right now, there is a small stretch from
Garth to Providence that is open with this new subdivision picking up part of
the gap.
Mr. Janku noted that this Sunday, Fire Station No. 8 will
be dedicated. As part of the same ballot issue that funded it's construction,
money was set aside to acquire sites in other locations in the City. Mr. Janku
asked for an update on the other sites, particularly the one in northwest Columbia.
Mr. Janku reported that recent discussions about the intersection
of Primrose and Stadium have brought back comments about the second, right-hand
southbound lane at Primrose being more dedicated as a deceleration right turn
in/right turn out lane as opposed to what now begins as two through lanes at
the top of the hill. He said there has been a lot of concern expressed about
the speed of traffic behind the cars that are attempting to make the right turn
out. Mr. Janku inquired as to the possibility of signage or striping to designate
the lane as a right turn in/right turn out to correct this situation. He asked
staff to determine whether anything could be done.
Mr. Janku indicated he has received inquiries relating to
Council abstentions affecting a protest petition in regards to the number of
votes required for passage of the issue. He explained state law governs this
and it requires that cities have the petition process in place. Mr. Janku asked
for a report on the issue. In addition, a related question came up during the
recent discussions with Columbia Commons on how public lands are included in
the petition process since much of the property around this site was public property.
He questioned whether Columbia's ordinances met the standards of state law.
Mr. Janku motioned that staff be directed to report back on
the above mentioned issues. The motion was seconded by Mr. Coffman and approved
unanimously by voice vote.
Mayor Hindman commented that the alignment planned for East
Broadway, from Old Highway 63 to new Highway 63 would be the perfect opportunity
to include the entire corridor, from the American Legion on the east to Scott
Boulevard on the west, as a pedestrian/bicycle/wheeling route while these big
projects are underway. He wanted to see a coordinated long-term plan developed
for implementation.
Mayor Hindman made the motion that staff be directed to look
at a long-term bicycle/pedestrian/wheeling plan for Broadway, including the new
areas. The motion was seconded by Mr. Janku.
Mr. Janku noted that Broadway also intersects with the Hinkson
Creek Trail and the Hominy Branch, which would actually open up a lot of northeast
Columbia. As the Broadway issue moves forward, he was hopeful that staff would
consider how these trails could interconnect with Broadway. Mr. Janku thought
it would provide access to a large part of Columbia which is currently not served
by trails or ped nets.
The motion made by Mayor Hindman, seconded by Mr. Janku, was
approved unanimously by voice vote.
In light of the ice storm that affected Kansas City, Mayor
Hindman reiterated his suggestion that staff should develop a 40-50 year program
to bury, move or bundle overhead power lines. He thought the City should look
at a long-term program designed to eliminate overhead lines.
Mr. John commented on the University's undergrounded system
and the fact that it also provides "cleaner" power.
Mayor Hindman made the motion that staff be directed to prepare
a report on such a long-term program and what could be done to bury or otherwise
eliminate the overhead lines. The motion was seconded by Mr. John and approved
unanimously by voice vote.
Mr. Beck said ultimately the Council would need to determine
what annual amount should go into such a project.
Mayor Hindman commented that he had received a call from an
aggressive reporter pertaining to sewer charges being higher than the water charges.
Mr. Janku said they had a report on that some time back because someone had complained
about it at a meeting. At that time, staff had explained that sewer charges are
based on a customer's prior history. In that particular case, the gentleman had
a prior history so his rate was adjusted to reflect prior usage.
Mayor Hindman mentioned a program several cities are working
on where they help citizens entitled to earned income child tax credits. He said
it is a good service because it helps people who need the money the most and
it also puts money back into the local economy. Mayor Hindman asked staff to
look into what other cities have done along those lines.
Mr. Hutton noted an earlier speaker's comments about increased
accidents at the corner of Forum and Nifong. He thought this was true probably
because of a large increase in traffic volume at the intersection. Mr. Hutton
asked Mr. Patterson if he had any data on annual comparisons of traffic volume
at that intersection. He would be interested in the ratio between accidents per
vehicle number or volume. In addition, if staff had any other ideas as to what
might have attributed to the large number of accidents, he would be interested
in receiving that information as well. Mr. Patterson responded that he too was
curious about the numbers supplied by the speaker. He stated staff could do an
analysis to see exactly what is out there. Although, he pointed out that traffic
signals are accident generators because they move more vehicles through an intersection
quicker. Mayor Hindman said a roundabout would improve the intersection.
Mr. Loveless thanked the staff for the stop sign report on
Stewart and West Boulevard.
William Woodward, 200 A Unity Drive, reiterated the concern
about the fencing at the corner of Oak and Worley. He also reported a large oak
tree in the same location that is causing line of vision problems.
John Clark, 403 N. Ninth, supported Mayor Hindman's ideas
relating to long-range planning for Broadway. In regards to the Mayor's request
for a report in reference to the undergrounding of power lines, he suggested
that when the report is received, the Council should appoint a task force.
Bill Easley, 705 Cook, spoke about sidewalk issues.
Henry Lane, 1816 E. Broadway, commented that several people
are concerned about the log cabin at Stephens Lake being moved. He asked that
it be left where it is.
The meeting adjourned at 10:25 p.m.
Respectfully
submitted,
Penny
St. Romaine
City
Clerk
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