INTRODUCTORY
The City Council of the City of Columbia, Missouri met for
a regular meeting at 7:00 p.m., on Tuesday, September 2, 2003, in the Council
Chamber of the City of Columbia, Missouri. The roll was taken with the following
results: Council Members ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS and JOHN
were present. The City Manager, City Counselor, City Clerk and various Department
Heads were also present.
APPROVAL OF MINUTES
The minutes of the regular meeting of August 18, 2003, were
approved unanimously by voice vote on a motion by Mr. Loveless and a second by
Ms. Crayton.
APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
Mayor Hindman noted that B282-03 would be removed from the
Consent Agenda and moved under Old Business and R189-03 would be added under
New Business.
The agenda, as amended, including the Consent Agenda, was
approved unanimously by voice vote on a motion by Mr. Hutton and a second by
Mr. Loveless.
SPECIAL ITEMS
None.
SCHEDULED PUBLIC COMMENTS
None.
PUBLIC HEARINGS
B268-03 Adopting the FY 2004 Budget.
The bill was read by the Clerk.
Rod Gelatt, 1020 LaGrange, a member of the Convention and
Visitors Advisory Board, explained their recommendations for Tourism Development
Fund allocations. Mr. Gelatt addressed the process the Board followed in reviewing
and amending the TDF guidelines. He summarized the amendments as follows: individual
applications were capped at $15,000; the Board initiated a first and second reader
program; funds will be provided for an advertising campaign for each funded event
with this being on top of, not instead of, the allocation made directly to the
organization; each funded event will be provided professional surveys and assessments;
and, the Board revised the reviewing and scoring process. Mr. Gelatt spoke about
their criteria as it applies to those funds that were not granted. He pointed
out that the TDF is first and foremost a tourism fund, and each year the Board
tries to refine the guidelines to better reflect that mission. The group always
considers whether an application is better suited for an arts fund or a tourism
fund. Mr. Gelatt indicated the Board recognizes there may be events with elements
in both categories.
Mayor Hindman thanked Mr. Gelatt for all of the efforts of
the Board.
Lisa Scribner, 3605 Teakwood, spoke on behalf of the City/County
Community Services Advisory Commission. She noted the Commission is recommending
increases for 18 programs, and level funding for 21 programs. Three programs
received decreases, one being very small. After a discussion with the representatives,
Ms. Scribner explained the Commission decided to provide no further funding for
the AIDS/HIV housing deposits as it constitutes a small amount of money and the
program has become unnecessary. Ms. Scriber reported the Commission recommends
that this funding be shifted into emergency dental services. She stated the other
decrease is for the Teen to Teen InterAct Theatre with their recommendation actually
being an increase, but a decrease from funding the group received last year.
Mayor Hindman thanked Ms. Scribner and the Commission for
their work.
Mayor Hindman re-opened the public hearing.
David Rogers, an attorney with offices at 813 E. Walnut, reiterated
his thoughts on how the Municipal Court might be set up. He believed it advantageous
for the City to hire two, half-time Municipal Court judges as opposed to having
one full-time judge. Mr. Rogers explained how it would save the City a significant
amount of money.
Jean Sachs, 1904 W. Fenton Road, a representative of the City/County
Energy and Environment Commission, spoke in support of the purchase of hybrid
cars. Additionally, the Commission would like the City to expand the budget to
include the possible purchase of energy efficient trucks and SUV's when they
become available after the first of the year.
Lucille Salerno, Director of the John William Boone Rag Time
and Early Jazz Festival, spoke in support of the recommendations made by the
Convention and Visitors Advisory Board. She explained their event has a great
opportunity to grow.
Eleanore Goodge,1017 S. Glenwood, spoke on behalf of The League
of Women Voters. The League strongly endorses the proposed purchase of gas hybrid
vehicles for use by the Water and Light and Parking Utility departments.
John Poses, Executive Director of the We Always Swing Jazz
Series, 218 N. Eighth, reiterated his full statement sent to the Council earlier.
He explained their reservations about the Tourism Development Fund and the funding
application process. The group was awarded no funding for the Herbie Hancock
performance.
Paul Sturtz, on behalf of the True-False Film Festival, expressed
appreciation to the Convention and Visitors Advisory Board for their recommendation
of full funding. He noted this will be the first year for their festival and
they see it as an ongoing, annual event.
Chris Hatie, 106 Rockingham, spoke on behalf of the Sierra
Club OSAGE Group, in support of the proposal to add hybrid cars to the City's
fleet. He explained the cost efficiency of such vehicles.
Carrie Gartner, Downtown Columbia Association, 11 S. Tenth,
spoke in favor of the full funding recommendation for the Twilight Festival from
the Tourism Development Fund. She noted that attendance has increased from a
few thousand to 10,000 people per night. Regarding downtown sidewalks, the Association
asked that the Council allocate $50,000 in Community Development Block Grants
for the reconstruction and repair of downtown sidewalks. She noted that 25% of
these sidewalks were rated as poor in 2000 by the Public Works staff -- only
22% were rated as good.
Jill Stidham, Director of the Columbia Art League, 111 S.
Ninth, spoke in support of their Tourism Development Fund recommendation for
Art in the Park. She noted that the event generated $384,000 in revenue for Columbia
last year alone.
Mayor Hindman continued the public hearing to the September
15, 2003 meeting.
B269-03 Adopting the Special Business
District FY 2004 Annual Budget.
B270-03 Amending Chapter 27 of the City
Code relating to water rates.
B271-03 Amending Chapter 27 of the City
Code relating to the installation of water service lines.
B272-03 Amending Chapter 27 of the City
Code relating to the testing of back flow prevention devices.
B273-03 Amending Chapter 22 of the City
Code relating to solid waste rates.
B274-03 Amending Chapter 22 of the City Code
relating to sewer utility fees.
B275-03 Amending Parks and Recreation
fees.
The above bills were given second reading by the Clerk.
Mayor Hindman opened the public hearing on all bills listed
above.
Comments were called for with none received.
Mayor Hindman continued the public hearing on the above bills
to the September 15, 2003, meeting.
B276-03 Authorizing voluntary annexation
of property located on the north side of St. Charles Road, approximately
100 feet east of Upland Creek Road; establishing permanent zoning.
The bill was given second reading by the Clerk.
Mr. Beck explained that this bill is being reconsidered by
the Council. He noted the changes in the proposal.
Mr. Dudark explained that the earlier plan showed three duplexes
on the north side and now four single family homes are shown, which is a net
reduction of two dwelling units. The remainder stays the same with single family
homes, duplexes and four-plexes.
Mr. Hutton noted that the map is unchanged, showing PUD-8
instead of PUD-7 on Tract B.
Mayor Hindman asked about the vacant land. Mr. Dudark understood
it would be a conservation area between the two development tracts.
Mayor Hindman opened the public hearing.
David Rogers, an attorney with offices at 813 E. Walnut, spoke
on behalf of the applicant and explained the request had originally been recommended
by staff and the Planning and Zoning Commission. When it came to the Council
it failed on a 4-2 vote because a protest petition had been filed which required
five affirmative votes. Mr. Rogers indicated he then spoke with Mr. Janku, who
voted against the request due to the placement of four duplexes along the northern
edge of the property because these could set a precedent for the development
of the vacant tract to the north. The suggestion was made that if the four duplexes
could be reduced to single family dwellings, Mr. Janku could support the application.
Mr. Rogers reported the applicant agreed to Mr. Janku's suggestion.
Mr. Janku noted that the sketch reflects the single family
change, but it did not reduce the amount of parking shown. Mr. Rogers agreed
that not as much parking will be required with the single family dwellings.
In reference to the vacant land, Mr. Rogers stated this will
remain a natural area and provides a 300-400 foot buffer to the nearest existing
residential home. He said the concept sketch uses up all the units they have
and nothing more will be added.
Doug Eckhoff, spoke on behalf of the Eastland Hills Homeowners
Association, and asked the people present in opposition to stand. Approximately
18 people stood. He reiterated safety concerns with the proposed development
having its entrance and exit at an already dangerous section of St. Charles Road.
He said the proposed PUD-7 zone will be the highest density in a two mile radius
and will set a precedent for this area. Mr. Eckhoff said while this appears to
be a reduction of two units, it is simply a numbers game. If the proposal were
to pass, he said the developer could come back with his final drawing showing
27 units. He speculated it could be increased by two over what was originally
voted down. Mr. Eckhoff reported the homeowners contacted the developer and offered
to accept a PUD-5 zone and four R-1 lots on the Cherry Blossom cul-de-sac. He
indicated that residents were told by the developer that he had the support of
the Planning and Zoning Commission and he was going to proceed with his current
proposal. Mr. Eckhoff stated that the developer has done nothing to address their
concerns. He also spoke about the neighborhood's concerns pertaining to storm
water run-off and traffic. He listed the inconsistencies of the proposed PUD-7
zone with City ordinances. Mr. Eckhoff commented that the developer told residents
he would adopt the Eastland Hills covenants for the R-1 homes. He related the
subdivision would like the developer to respond publicly about his plans for
establishing covenants as part of this project.
Fred Overton, 2712 Chapel Wood View, developer of the property,
pointed out the 300 foot plus buffer between the existing Eastland Hills Subdivision
and the nearest four-plex. He noted a new street will be constructed as part
of this project off of St. Charles Road to accommodate the duplexes and single
family homes. He reported there will be only R-1 traffic going through the Eastland
Hills Subdivision. Mr. Overton noted there is no buffer between the duplexes
and the single family homes in the Eastland Hills subdivision. He stated that
there will be traffic issues in any part of the City that is growing, and this
development will not affect it one way or another.
Regarding the covenants for the five houses on the cul-se-sac,
Mr. Hutton recalled Mr. Overton committing to that at the last hearing. Mr. Overton
replied that was correct and he intended to follow that through.
Mike Will, 612 Aidens Woods Court, felt the development would
create too great of an increase in density. He commented that residents are concerned
that the traffic from the development will use Upland Creek as a cut through
thus creating safety issues.
Vanessa Palmer, 106 E. Stewart, voiced concern for the neighbors
living in the area that will have to deal with the traffic and safety issues
on a daily basis.
Mayor Hindman asked about the impact trafficwise if this was
developed entirely as single family. Mr. Dudark explained that an R-1 zone would
permit about 3.5 units per acre, but that is assuming the entire property is
buildable. In reference to this project, staff has not determined the net acreage.
Ms. Crayton asked about the volume of traffic in an R-1 versus
duplex development. Mr. Dudark explained that depends upon occupancy. Ms. Crayton
spoke about the nearby commercial development. Mr. Dudark noted ongoing road
improvements in this area due to the commercial development anticipated at the
interchange.
Mr. Ash remembered at the last hearing, four Council members
supported the zoning request because they believed the proposed plan provided
an adequate buffer from the existing neighborhood. He thought the main reason
it was defeated was because of the duplexes shown on the northern edge, which
could cause further propagation on the large vacant tract to the north.
Mr. Janku agreed that had been his primary concern when he
voted against the request. He wanted to ensure that the Council could justify
that the zoning on the tract to the north would be single family. He noted that
duplexes have been built on part of Upland Creek, and he wanted to have R-1 abutting
R-1.
Mr. Hutton assumed the protest petition remained valid. Mr.
Boeckmann replied that was correct, five affirmative votes are required for passage.
Mr. Hutton believed that nothing has changed in this new application,
there are four single family rental houses as opposed to three duplexes. He said
the density could have been seven instead of eight and changing the number has
not actually done anything. Mr. Hutton hoped the new plan would have shown an
R-1 zone along the northern boundary. When the A-1 land immediately north of
this tract is presented for rezoning, he thought that developer would feel the
need to provide a PUD buffer, even though there will be four single family houses
along the boundary. Mr. Hutton thought that these single family houses will be
used as rental property. He did not feel this application is accomplishing the
goal intended, and he did feel it will set a precedent for the area. Mr. Hutton
expressed concern that this area will develop into another Clark Lane. He pointed
out there are no immediate plan for a major thoroughfare in this area to control
traffic flow. Mr. Hutton stated he still cannot support this request.
Mr. John argued that other roads are being built. He noted
that Richland Road will be connected to Grace Lane to take traffic off to the
south. He stated that long-range plans call for more roads in the area, which
may be coming sooner than anticipated. In order to zone this tract R-1, Mr. John
maintained the applicant would have to build a street to connect the four houses,
or the homes would have to be on tier lots -- which the City does not like. The
new street will increase impervious surfaces, more trees will have to be removed
from the property, and bigger lots will be pushed down the valley further. Mr.
John thought the plan was good before, but it is better now because the single
family homes will be used as a buffer.
As part of the PUD process, Mr. Ash pointed out that off-site
improvements will be allowed. He suggested the applicant could make some changes
to St. Charles Road to help improve the traffic situation. He did not see anything
in the revised plan making him like it less.
Mr. Janku thought they were asking for the four-plexes up
against St. Charles Road because of the fairly intense commercial development
across the street. He did not think it was the type of development that one would
necessarily want a single family home backing up to. Mr. Janku noted that the
previous statement mentioned that the various rental properties could be split
off as single lots, and now it says the single family properties can be split
off. He explained that meant they could be sold for rental or for owner-occupied.
The other part of the property will remain as one common lot, which he felt to
be valuable because it meant it would be a major investment by one property owner.
Mr. Janku believed the amended plan will create a precedent that future Councils
can implement. He noted the single family homes on the northern boundary will
serve as a marker.
B276-03 was given third reading with the vote recorded as
follows: VOTING YES: ASH, HINDMAN, JANKU, LOVELESS, JOHN. VOTING NO: CRAYTON,
HUTTON. Bill declared enacted, reading as follows:
B277-03 Authorizing voluntary annexation
of property located on the north side of Mexico Gravel Road (State Route
PP), approximately 375 feet east of Spring Cress Drive; establishing
permanent zoning.
The bill was given second reading by the Clerk.
Mr. Beck pointed out that the request on this three acre tract
had been recommended for approval by the Planning and Zoning Commission as well
as by staff.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
B277-03 was given third reading with the vote recorded as
follows: VOTING YES: ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B278-03 Authorizing voluntary annexation
of property located on the east side of Strawn Road (State Route ZZ),
north of West Worley Street, extended; establishing permanent zoning.
The bill was given second reading by the Clerk.
Mr. Beck explained this approximate 19 acre tract to be located
in west Columbia. The applicants are requesting R-1 zoning. Both the Commission
and staff recommend approval.
Mayor Hindman opened the public hearing.
Jay Gebhardt, a civil engineer, A Civil Group, 1010 Fay, offered
to answer questions.
Mayor Hindman closed the public hearing.
B278-03 was given third reading with the vote recorded as
follows: VOTING YES: ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B279-03 Authorizing voluntary annexation
of property located at the western terminus of Smith Drive; establishing
permanent zoning.
The bill was given second reading by the Clerk.
Mr. Beck explained this 60-acre tract is located in west Columbia.
Both staff and the Commission recommend approval of the request.
Mayor Hindman opened the public hearing.
Jay Gebhardt, an engineer with A Civil Group, 1010 Fay, offered
to answer any questions.
Mayor Hindman closed the public hearing.
Mayor Hindman mentioned a letter the Council received regarding
the high speed traffic on Rainbow Trout Drive. He agreed this proposed development
will increase the amount of traffic on this street. He spoke of the inadequacies
of Scott Boulevard and remarked that adding more single family homes will make
even more of an impact. Mayor Hindman also expressed concern about the lack of
commercial development in this area. He suggested that the Council should rethink
their policy of allowing large residential areas where there is no interconnection
between cul-de-sacs and there are no commercial areas.
Mr. John pointed out that Louisville Road, which comes out
of Georgetown Subdivision on the south, will connect through to Smith Drive.
He explained that Louisville is shown to curve around the park land. Mr. John
stated this street will allow traffic to flow from north to south within the
subdivisions so that cars will not have to access Scott Boulevard or Rainbow
Trout Drive. He noted commercial at the corner of Smith and Scott, which also
could be accessed without getting on Scott. As Louisville is connected to the
south, Mr. John related that The Village of Cherry Hill commercial development
is at the south end -- barely a mile apart. He felt the interconnectivity will
be in place by the time this development is completed. In addition, the next
subdivision to the south will complete this link to Gillespie Bridge and/or Chapel
Hill as Chapel Hill is built.
Mayor Hindman suggested the Council think in terms of there
not being more than a certain amount of residential development without at least
some neighborhood commercial in it.
Mr. Ash understood the point about adding subdivisions back
to back, but if the property is not annexed, it will not stop it from being developed.
Regarding neighborhood commercial, Mr. Ash, speaking as a business owner, said
it is difficult for any business to survive because of expenses involved. He
reported that businesses have to draw from the entire city, not just from the
neighborhood in which they are located.
Mayor Hindman acknowledged the City cannot force people to
put businesses in, but thought they could at least provide for the zoning. He
indicated that he is not proposing that this request be modified.
B279-03 was given third reading with the vote recorded as
follows: VOTING YES: ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B280-03 Authorizing voluntary annexation
of property located on the north side of Brown School Road, approximately
3,000 feet west of Range Line Street (State Route 763); establishing
permanent zoning.
The bill was given second reading by the Clerk.
Mr. Beck noted that these two tracts consist of 87 plus acres.
The applicant is requesting R-1 zoning for the 59 acre tract, and PUD-7 for the
28.5 acre tract. Both staff and the Commission recommend approval.
Mayor Hindman opened the public hearing.
Bruce Beckett, an attorney with offices at 111 S. Ninth, spoke
on behalf of PGS Development, the contract purchaser of the property. He explained
the dividing line between the two parcels to be the preferred route of Providence
Road as it proceeds across this property. Included in the packet given to the
Council was a schematic showing the route of Providence Road through the property.
Mr. Beckett reported the R-1 tract will contain 150 single family residential
lots and there will be 66 lots on the PUD-7 tract. The applicant's intent is
to place duplexes on the 66 lots for a total of 132 units. On this 87 acres,
Mr. Beckett said there will be about 282 units, which translates to a gross density
of about 3.5 units per acre. He explained the property is currently zoned R-S
in the County, which would also allow for about 3.5 units per acre. If left in
the County, it could reasonably be anticipated there would be 305 units or single
family lots on this property.
Mr. Beckett explained through the process, PGS has, in addition
to the required elements of the Statement of Intent accompanying their PUD-7
request, added several very specific elements which they believe should address
many of the concerns that staff and the neighbors had, and also constitutes a
significant contribution to the City in exchange for favorable consideration
of the application. More specifically, he said there was some question about
whether the R-2 units on the PUD-7 tract would be properly maintained. To address
that, PGS has added to their Statement of Intent an element that requires the
developer to organize an owners association for the entire development. The declaration
of covenants will empower the association to enforce maintenance standards (draft
set of restrictive covenants were given to the Council). The developers have
also agreed to dedicate an additional 53-feet of right-of-way along the north
side of Brown School Road. If matched on the south, this will result in a full
106-feet dedicated right-of-way for an arterial street as Brown School is presently
planned. In addition, Mr. Beckett stated the developers have agreed to dedicate
a full 106-feet of right-of-way for the entire length of Providence Road as it
proceeds through this property. As part of that agreement, the developers have
offered to build the west half of Providence Road, as the subdivision is built,
according to arterial street standards. He remarked this is a major concession
on the applicant's part, adding additional road costs of about $300,000. The
additional right-of-way for the east half of Providence Road will remain in place
so the City could potentially construct this portion of roadway should circumstances
dictate the need for such.
Mr. Beckett reported the developer has also agreed to dedicate
to the homeowners association a 20 to 30-foot common area buffer along the north
side of Brown School Road and along both the east and west right-of-way lines
of Providence Road. The result along Providence Road would be a 20 to 30-foot
buffer on the west, 106-feet of right-of-way, and a 20 to 30-foot buffer on the
east. They believed that would serve as an adequate division between the R-2
duplex development on the PUD-7 tract and the R-1 development on the west side
of Providence Road. The Statement of Intent requires the developer to provide
landscaping along the common area corridors, which Mr. Beckett said would be
planted with landscaping designed to achieve 50% opacity. He noted that all duplex
units would have no less than a two-car garage. The developer has agreed that
no more than 50% of the duplexes in the PUD-7 tract will contain four bedrooms.
The remaining units will have three bedrooms or less. Mr. Beckett indicated the
applicant believes these new components in the Letter of Intent addresses virtually
all the concerns that have been expressed.
Mr. Beckett spoke about the concerns expressed by residents
in Crestwood Subdivision in which a street between this development will connect
to Crestwood. The residents fear that traffic will come from this development
and go through Crestwood to connect to some western route. The neighborhood also
expressed concern about Brown School Road currently having a low water crossing
that gets closed from time to time. If that low water crossing floods west of
where this subdivision would be, Mr. Beckett reported this development will provide
an alternative route to Brown School Road for both the Crestwood and Clearview
Subdivisions. He said PGS has also worked with Mr. Benton to the east, developer
of Shalimar Gardens, and have designed a connector street which the applicant
intends to stub off at his property. Mr. Benton has indicated that he favors
this development and he intends to develop his property to the east and connect
up to the stub street. Mr. Beckett relayed the point that further routes could
still be provided out of this development to Highway 763.
Jay Gebhardt, an engineer with A Civil Group, 1010 Fay, pointed
out that Providence Road through this proposed development is similar to Brown
School Road in the Auburn Hills and Vanderveen subdivisions. He reported that
Providence will contain two, 28-foot lanes separated by 16-foot landscaped medians.
Construction of the west two lanes would be the first step and the developer's
obligation and then the other half would be the City's obligation whenever it
is deemed necessary. Mr. Gebhardt noted the traffic impact is a big concern and
said the County has a problem with the Clearview neighborhood only having one
access point. He said there have been some recent attempts at getting additional
access and this new development would allow that. Mr. Gebhardt pointed out that
the Auburn Hills developer is constructing a traffic signal at the intersection
of Brown School Road and 763 which will be a benefit to the whole area, including
this development. He explained they agreed to work with Public Works regarding
their concern about Brown School Road's intersection with Providence relating
to sight distance. Mr. Gebhardt indicated they are going to look into deceleration
lanes and possibly left turn lanes at this location.
Mr. Janku asked about commercial zoning in the area. Mr. Gebhardt
replied they looked at that in the very beginning and found there is 65 acres
of C-P a half mile away in Auburn Hills. There is also over 40 acres of C-3 a
half mile south on Smiley Lane. Mr. Gebhardt remarked that they felt the surrounding
neighborhoods would not appreciate any more commercial areas, and if they did
provide such, it would sit vacant for a long period of time before there is any
demand for it.
Mr. Janku inquired if the development agreement addresses
the issue of a sidewalk on one side of Providence and a pedway on the other side.
Mr. Gebhardt said it does. He stated the developer is required to build a five
foot sidewalk on both sides of Providence Road. He said they are literally required
to construct 10-feet of sidewalk, but they could combine the two sidewalks on
one side and have a ten-foot pedway and then when the City comes through they
could do the other side with a five-foot sidewalk. Mr. Janku was hopeful it could
match up with what has already been developed south. Mr. Gebhardt replied they
were open to the idea.
Pat Fowler, 4995 N. Sandker, commented that her neighborhood
is not getting the kind of information about this issue that would make them
more comfortable and supportive. She cited traffic counts from the last several
years and voiced concern about how much traffic is increasing without this addition.
Janie Osburn Harmon, spoke on behalf of her mother, Alma Osburn,
600 W. Brown School Road. She reiterated traffic and safety concerns voiced in
a letter from her mother to the Council last week. She maintained that the 282
residential units would produce at least 1,128 trips per day on a road that is
currently marginal at handling existing traffic. She understood a better road
system is planned, but residents have never seen dates or budgets to go with
the plans. Ms. Harmon spoke about storm water runoff as Cow Branch traverses
their property. She remarked there continues to be property damage on their farm
due to issues upstream and added this development will exacerbate the problem.
Jay Wilson, 5300 Tessa Way, owns property at 544 E. Clearview.
He supported the annexation of Clearview Subdivision because the County lacks
any kind of code enforcement. He remarked that there are a lot of storm water
problems in this area and the house next door floods constantly. In reference
to traffic flow on Brown School Road, Mr. Wilson thought all residents will benefit
from the extension of Providence Road.
Mayor Hindman closed the public hearing.
Mr. Ash understood the neighbors were not in favor of any
more development in the area, but reminded them that even if the tracts are not
annexed, the property could still be developed under County regulations. By annexing
into the City, he told them the regulations would be better.
Mr. Janku pointed out that development in this part of Boone
County is very strong and he thought it was likely the tract would be developed
regardless of annexation. He felt clearly the R-1 development is appropriate
and believed the developer would work with the neighbors to help address some
of their concerns about cut through traffic, although he thought most of the
traffic would move east to access the Providence Road extension and the new stop
light at Brown School Road. Regarding the duplex development, he thought the
two car garage component would attract a better level of tenant. Mr. Janku appreciated
the limitation on some of the units to three or less bedrooms. He pointed out
that the existing single family homes would be bordered by R-1.
Mr. Janku made the motion that B280-03 be amended by substituting
a new Exhibit A (Statement of Intent). The motion was seconded by Mr. John and
approved unanimously by voice vote.
B280-03, as amended, was given third reading with the vote
recorded as follows: VOTING YES: ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS,
JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B281-03 Rezoning property located on
the north side of Grindstone Parkway, between Green Meadows Road, extended
and Rock Quarry Road from A1 to C-P; approving a C-P Development Plan.
The bill was given second reading by the Clerk.
Mayor Hindman opened the public hearing and noted that a request
had been received to table the item.
There being no comments, Mayor Hindman closed the public hearing.
Mayor Hindman made the motion that B281-03 be tabled to the
September 15, 2003, meeting. The motion was seconded by Mr. Ash and approved
unanimously by voice vote.
(A) Construction of improvements to
Stearman Street.
Item A was read by the Clerk.
Mr. Beck explained that the Public Works staff met with residents
along the street and the suggestion was made that it be held over to the October
6th meeting.
Mr. Hutton made the motion that Item A be tabled to October
6, 2003. The motion was seconded by Mr. Janku and approved unanimously by voice
vote.
OLD BUSINESS
B282-03 Approving the final plat of
Rock Quarry PUD.
The bill was given second reading by the Clerk.
Mr. Ash explained there had been some concern about a utility
easement on the southern portion of the property. He received a copy of the revised
plat showing there is no longer a need for the easement.
Mr. Patterson explained that approval this evening would be
approval of the revised plat which does not show the easement.
Mr. Ash made the motion that B282-03 be amended by changing
Section 1, the March 2003 date to August 8, 2003. The motion was seconded by
Mr. Janku and approved unanimously by voice vote.
Mr. Janku asked about the south property line. Mr. Patterson
explained that they do not typically allow separation of property that cannot
be considered a lot between the two properties. He said staff tries to assure
that the right-of-ways, when adjacent to properties, have connectivity. In this
case, it would provide connection between a property to the south and the street.
B282-03, as amended, was given third reading with the vote
recorded as follows: VOTING YES: ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS,
JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B285-03 Approving the final plat of
Model Bakery Subdivision, a replat of part of J.C. Conley's Subdivision.
The bill was given second reading by the Clerk.
Mr. Beck explained this small plat is being replatted in order
to allow for a small addition to an existing structure. He noted the request
for sewer and street right-of-way waivers. Both staff and the Commission recommend
approval.
B285-03 was given third reading with the vote recorded as
follows: VOTING YES: ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B286-03 Vacating a portion of street
right-of-way along the northern boundary of Northwest Highlands Second
Addition.
The bill was given second reading by the Clerk.
Mr. Dudark explained this to be a half street right-of-way
that has never been opened. The Public Works Department has requested this vacation
to be relieved of any maintenance responsibility. If vacated, the responsibility
would go back to the abutting property owners. Mr. Dudark said there are no prospects
of constructing a street at this location any time in the future.
Mayor Hindman asked about the width of the right-of-way. Mr.
Patterson replied that it is 25-feet wide. Mayor Hindman thought this may be
an opportunity for connectivity between neighborhoods. Mr. Loveless questioned
the purpose of the connection. He noted that one side fronts West Boulevard and
the last two lots have two small businesses on them. Next to that is the restaurant
and the motel to the north. He agreed with the connectivity philosophy, but in
this case it would serve no purpose.
Mr. Janku commented that no one knows what might happen in
this area and he thought it may be better to retain this small piece of property.
He indicated that one of the I-70 proposals is to bring Creasy Springs under
I-70. Mr. Janku indicated that if the City has to acquire property in the area
to facilitate a street being adjusted, this parcel could come in handy.
Mr. Ash pointed out that with City ownership comes the responsibility
of maintenance. He suggested the Council weigh the cost of maintaining this small
strip against the probability that something fruitful could come of it. Mr. Ash
commented that if there was more residential in this area, the notion of connectivity
would make more sense.
Mr. Beck questioned the City's responsibility for maintaining
a paper street. Mr. Boeckmann explained the court ruling in that cities have
legal liability for public property, including rights-of-way, even if they are
not built on. He indicated there are tort cases holding cities liable, but maintenance
is a separate issue.
Mr. John said to add another 250 feet of sidewalk for five
people to walk between neighborhoods did not sound very cost effective. He suggested
we let someone else take care of the property.
B286-03 was given third reading with the vote recorded as
follows: VOTING YES: ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B288-03 Calling for bids related to
the 2003 Annual Sidewalk Gap construction Project.
The bill was given second reading by the Clerk.
Mr. Patterson noted that this is in accordance with a recent
public hearing at which time the Council directed which sidewalks could be omitted
from the list and which ones should be constructed at a width of five-feet. Since
the public hearing, he pointed out that permits have been issued on a few of
the segments. He said if these walks are constructed prior to the contractor
beginning work, they would be omitted from the contract.
Mr. Ash asked about the time frame for individuals preferring
to construct their own walks. When the contractor is given the notice to proceed,
Mr. Patterson said that is when the staff would no longer issue a permit for
the property owner to do it themselves.
B288-03 was given third reading with the vote recorded as
follows: VOTING YES: ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B295-03 Authorizing an agreement with
Trans States Airlines, Inc. to provide financial incentives to continue
providing an early morning departure and late evening flight from Columbia
Regional Airport; appropriating funds.
The bill was given second reading by the Clerk.
Mr. Beck spoke about the correspondence sent to the Council
from various groups who supported the incentives due to the importance of retaining
morning and evening airline service. This proposal calls for continuing evening
and morning flights for a 90-day period, and the City would provide financial
assistance in regard to hotel accommodations for the flight crew. The airline
would also receive a reduced rate for counter/office/baggage space at the Airport.
At the end of the 90-day period, Mr. Beck suggested the Council could evaluate
the results of the airline's operations.
B. J. Hunter, Chair of the Airport Advisory Board, assured
the Council that they thoroughly considered the proposal to offer this subsidy
to a private enterprise. He said Trans States has been a good partner for the
Airport, and the Board believed their operations were headed in the right direction
until American Airlines reduced their service route to St. Louis. The Board feels
the proposed schedule changes by Trans States are not conducive to keeping any
kind of airline service. Mr. Hunter reported the group thought by offering the
subsidy to retain early morning and late night flights, the business travelers
would continue to utilize the Airport and hopefully get the airline's interest
back into Columbia.
Mayor Hindman thanked Mr. Hunter and the Board for all of
their work.
Bill Boston, Airport Manager, commented that almost nobody
likes the idea of the subsidy, but most of them feel that the economic development
aspect of what the City might lose without the subsidy overrides the issue. His
recommendation was that the Council proceed with this interim fix to improve
the number of enplanements and the City's working relationship with the airline.
Mr. Janku asked if this 90-day period is the right one to
use as a measuring stick. Traditionally, Mr. Boston said it is a low period,
not the best time of year. By the end of the 90-day period, the number of enplanements
will have to be evaluated to see whether Trans States can sustain itself without
the subsidy. It that is the case, the City will need to enter into an agreement
with the airline to continue the schedule but not the subsidy. If it looks like
the service is recovering but the airline still needs the subsidy, his recommendation
might be to come back and ask for another 90-day subsidy. At the end of the second
90-days, he said they would have to do something different, but was not sure
what that might be. Mr. Boston explained that the airline can vacate the station
after giving the FAA 90-days notice. He reported that could trigger a number
of things, one of which is essential air service, i.e., the federal government
bids out the service for Columbia and subsidizes it, but the contract would be
awarded to the low bidder with low bidder's airplanes and service schedule. He
said it would still probably connect to American Airlines in St. Louis, but would
not be the 30 passenger planes we have currently. Fairly typical of that would
be one or two flights per day.
Mr. Janku noted that the morning and evening return flights
are not the highest level. He asked why they felt it so important to preserve
them as opposed to mid-day flights with higher passenger levels. Mr. Boston replied
in June, there were four flights per day with a 6:00 a.m. flight and no late
evening return. In July, an evening return was added from St. Louis, departing
there at 9:15 p.m. and arrived in Columbia shortly after 10:00 p.m. In order
to do that, he said they had to stage two flights overnight in Columbia. So right
now, Mr. Boston indicated they are actually staging six crew members, two aircraft
every night in Columbia. To accommodate that, Trans States also had to fly that
airplane out in the morning so they added a second morning departure, around
9:00 a.m. Mr. Boston stated that those two flights together generate something
on the order of 800 of the 2,000 enplanements a month, so these are very well-used
flights. He believes that if the Airport does not serve the business traveling
group, these individuals will drive to St. Louis and start flying Southwest.
He did not think we would get them back.
Abe Hiam, 615 Morningside, spoke in opposition to the subsidy
proposal. He felt private corporations should not be given public subsidies.
If the businesses feel the flights are necessary, they should pay for them.
Mr. John stated that he is not a fan of subsidies, but suggested
looking at the fact that all of our transportation has been subsidized, i.e.,
the rail lines, highways, airlines and buses. He said the question is how to
balance the subsidies so that everyone is on a level playing field. Mr. John
is willing to give it a shot and said he would like to see what they could come
up with in the way of advertising. He thought it was going to take a lot of hard
work in policy with state legislators, the University of Missouri and state employees
to get the business travelers to fly out of Columbia.
Mr. Ash thought the subsidy was not that large and noted it
is for a short period of time for something a lot of people feel to be very important
to the community. During the 90-day period, he would like to see some sort of
data showing the indirect economic benefit.
Mr. Janku is not optimistic of the outcome, but felt an effort
should be made. In the interim, he was hopeful the airline could come up with
a plan that does not depend upon public funding.
Mayor Hindman spoke in favor of the issue. He said the City
and the airline are victims of the dramatic change by American Airlines. He thought
it was appropriate for the City to subsidize it until we know what the outcome
will be.
B295-03 was given third reading with the vote recorded as
follows: VOTING YES: ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B296-03 Authorizing Change Order No.
6 to the contract with Curtiss-Manes-Schulte, Inc. relating to construction
of The Activity and Recreation Center.
The bill was given second reading by the Clerk.
Mr. Beck was hopeful this would be the last change order for
The ARC. With this change order, the total amount of the project is $9,094,399.20.
He noted that the City is still under what had been budgeted for overruns. Once
the work is completed, Mr. Beck explained that a final report will be brought
to the Council.
Mr. Hutton made the motion that B296-03 be amended per the
amendment sheet. The motion was seconded by Mr. Loveless and approved unanimously
by voice vote.
B296-03, as amended, was given third reading with the vote
recorded as follows: VOTING YES: ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS,
JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
CONSENT AGENDA
The following bills were given second reading and the resolutions
were read by the Clerk.
B283-03 Approving the final plat of
Eastport Plat 1, a replat of Lake of the Woods South Subdivision, Plat
1.
B284-03 Approving the final plat of
Oakland Junior High Subdivision Block 2.
B287-03 Amending Chapter 14 of the City
Code relating to the speed limit on Richland Road.
B289-03 Authorizing a development agreement
with CenterState Properties, LLC and Central Concrete Company for contribution
of street right-of-way for Lake Ridgeway Road.
B290-03 Confirming the contract of Aplex,
Inc. for the construction of Sixth Street from Wilkes Boulevard to Hickman
Avenue.
B291-03 Appropriating FAA grant funds
for the purchase of an aircraft rescue fire fighting vehicle.
B292-03 Accepting conveyances for water
utility purposes.
B293-03 Authorizing an agreement with
B & B Agricultural, LLC for conveyance of land; accepting conveyance
for water utility purposes.
B294-03 Appropriating funds for the
D.A.R.E. Program.
R183-03 Setting a public hearing: voluntary
annexation of property located at the southeast corner of the intersection
of State Route KK and Crabapple Lane, extended.
R184-03 Setting a public hearing: construction
of water main serving Smithton Ridge, Plats 5 and 6.
R185-03 Setting a public hearing: construction
of water main along Kircher Road.
The bills were given third reading and the resolutions
were read with the vote recorded as follows: VOTING YES: ASH, HINDMAN, CRAYTON,
JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bills declared enacted
and resolutions declared adopted, reading as follows:
NEW BUSINESS
R186-03 Appointing City representatives
for a visit to Kutaisi, Republic of Georgia.
The resolution was read by the Clerk.
Mr. Beck explained that Kutaisi, our Sister City, will be
celebrating their 1000 year anniversary. The delegation will be going at their
own expense.
The vote on R186-03 was recorded as follows: VOTING YES: ASH,
HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
R187-03 Amending the FY 2000 CDBG Action
Plan.
The resolution was read by the Clerk.
Mr. Beck explained the proposal to utilize an additional $30,000
in CDBG monies for the Sixth Street project. He reported that staff believes
it appropriate to use these funds on the project for spend down reasons.
The vote on R187-03 was recorded as follows: VOTING YES: ASH,
HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
R188-03 Authorizing a settlement agreement
with CenturyTel of Missouri, LLC.
The resolution was read by the Clerk.
Mr. Beck reported that CenturyTel filed a suit against the
City after we allowed the Landrum Company to utilize our fiber optic network.
This agreement will postpone the issue until after the Supreme Court ruling.
He indicated that the Missouri Municipal League has taken on the issue because
it not only involves Columbia, but several other cities.
Mr. Boeckmann explained that the Supreme Court will probably
send it back to the FCC with some instructions and once the FCC issues its final
order, if it is in favor of the City, the suit will go away forever. If the City
loses, he said we are back to square one and the settlement agreement is over
at that point.
The vote on R188-03 was recorded as follows; VOTING YES: ASH,
HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
R189-03 Expressing support for the
re-authorization of TEA 21 funding.
The resolution was read by the Clerk.
Mr. Beck explained that a sub-committee of the U.S. House
of Representatives Transportation Committee voted to discontinue the enhancement
funding under the Transportation Act. The City of Columbia has received substantial
funding under this program for many years and Mr. Beck said this resolution would
provide support for continuing the enhancement program.
Mayor Hindman pointed out that the City has used these enhancement
monies very effectively for the benefit of the City, and added that we are counting
on it in the future to extend the trail system.
The vote on R189-03 was recorded as follows: VOTING YES: ASH,
HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. 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:
B297-03 Approving the final plat of
Bluff Creek Estates Plat 7; authorizing a performance contract.
B298-03 Approving the final plat of
Elk's Lodge No. 594; authorizing a performance contract.
B299-03 Rezoning property located on
the southeast corner of Creasy Springs Road and Prairieview Drive from A-1
to R-1.
B300-03 Authorizing application for
FY 2004 transit operating and capital assistance grants.
B301-03 Calling for bids relating to
the construction of sidewalk ramps and cross walks at the intersection of
Fifth Street and Cherry Street.
B302-03 Accepting conveyances for drainage,
sewer, street, sidewalk and utility purposes.
B303-03 Authorizing an Electric Energy
Sales Agreement with Ameren Energy Marketing Company.
B304-03 Authorizing construction of
water main serving Smithton Ridge, Plats 5 and 6; providing for payment of
differential costs.
B305-03 Calling for bids for the construction
of water main along Kircher Road, between Dusty Rhodes Lane and Mount Hope
Road.
B306-03 Accepting conveyances for water
and electric purposes.
B307-03 Amending Chapter 4 of the City
Code pertaining to alcoholic beverages.
B308-03 Amending Chapter 19 of the City
Code relating to personnel policies, procedures, rules and regulations.
B309-03 Amending the Classification
Plan and adopting the FY 2004 Pay Plan.
B310-03 Establishing new medical and
dental premium rates for the Employee Health Care Plan.
REPORTS AND PETITIONS
(A) Inter-departmental Transfer of Funds.
Report accepted.
(B) Street Closure Request.
Mayor Hindman made the motion that the closure be approved
as requested. The motion was seconded by Mr. John and approved unanimously by
voice vote.
(C) Commercial Use of Parking Lots
Located in the R-3 Zoning District.
Mr. Dudark noted that the Commission voted against any amendments
to the R-3 district. The majority felt that C-P zoning is working satisfactorily.
Mr. John remarked that the C-P may be working adequately for
the church that first raised this issue, but he said there are other churches
renting out their parking lots to students, downtown workers, and various other
people in lots not zoned commercially. He said the reason one church went to
renting out the spaces was so they could control the parking situation and to
ensure the vehicles were out of the lot on Saturdays if there were any weddings
and on Sunday for church services. Since these churches enacted a rental program,
people who park in the lots are aware of the rules and obey them. Mr. John related
if this rental situation becomes a conditional use in an R-3 zone, the churches
will have to obtain a permit for using the lot for multiple purposes. In reference
to landscaping being submitted and implemented which complies with City ordinances,
he suggested grandfathering existing lots from this requirement. Mr. John stated
if it is a new lot or an addition is made to an existing lot, then the church
would have to comply with landscaping requirements.
Mayor Hindman thought there should be some plan wherein all
lots will have to eventually be landscaped. Mr. Janku spoke of his preference
for some landscaping, but maybe not to current standards. Mr. Loveless proposed
requiring it over a period of time.
In reference to the proposed revision relating to landscaping
, Mr. John suggested adding to the last "or": "be subject to the following: All
paved areas be more than 50 feet......be landscaped."
Mr. John made the motion that staff be directed to prepare
an ordinance. The motion was seconded by Mr. Janku and approved unanimously by
voice vote.
(D) Cable Television Commission.
Mr. Loveless made the motion that staff be directed to prepare
legislation for a task force.
Mr. Ash was leaning toward a commission rather than a task
force because he thought some of the issues were more than short-term problems.
Mr. Janku suggested creating a task force which could evolve into a commission
if it proves to be needed.
The motion made by Mr. Loveless was seconded by Mr. Janku
and approved unanimously by voice vote.
(E) Third Party Review of the Philips
Tract Stormwater Plan Proposal.
Mayor Hindman thought all three groups should be part of the
selection committee in choosing a consultant -- the City, the developer and the
Bonne Femme Watershed Partnership. Mr. Hutton felt this was a City prerogative
and that the City should protect our interests. He was not so sure the developer
or the partnership should be brought into it. Mr. Janku pointed out the City
has used consultants in other complicated issues before. As in any part of the
process, he noted that the public will have input. He said when the City is ready
to hire a consultant, the Council will vote on it and there will be an opportunity
for public input. Mr. Janku saw it as a question as to how early the Council
should get comments from the other groups. Mr. Hutton said his fear was that
one group or the other would be adamantly opposed to whoever was selected. He
said they would not buy into the plan from day one in that case. Mayor Hindman
agreed.
Regarding the focus of the report, Mr. Janku asked if it would
be a quantitative report on impacts, or it would be an evaluation of whether
the plan will work. Mr. Patterson explained the intent was to take the plan as
presented and get a third party, unbiased review and analysis as to its effectiveness
and workability.
Mr. Ash was concerned about setting a precedent for every
big project that comes before the Council. Once the City starts authorizing outside
reviews, he was concerned people would claim if an outside analysis is not performed,
the Council would be biased in their approval. Mr. Janku did not see this as
being a bias on anybody's part. He believed staff wanted the review in this case
because of the magnitude of the project and they feel it is something they cannot
assume at this time. Mr. Janku did not think it was going to be common for staff
to say they cannot handle an analysis.
Mr. Ash felt the Council should consider how much this will
slow the project down. He said if the Council feels this is a one time, unusual,
massive project, he will support an independent review. But if it is just to
try and get a neutral analysis, he did not think the Council should set that
precedent. Mr. Ash maintained the Council is the neutral analysis body.
Mr. Loveless held up a large notebook containing the plan
and said he did not know how many of them are actually capable of understanding
it completely. He said this is a very complex issue and he thought it was a fine
time for the Council to step back and let someone else with more expertise and
more time to look at it and advise them.
Mr. Beck reported that based on the size of the project, he
considered this outside review as an extension of staff. He agreed that the City
could not start hiring a consultant every time there is something controversial.
Mr. Patterson pointed out that the cost estimate in the report
limits itself to a review and analysis of this plan, it does not allow them to
go in and study alternatives and do a lot of "what if" scenarios. He said it
is to be an analysis of what the developer presents, not the creation of different
scenarios.
Mr. Janku asked if there is a consultant already identified
that could do this review. Mr. Patterson replied that the City has a list of
consultants in various fields of expertise that are annually pre-qualified for
contracts up to $20,000. He was certain there are people on the list who could
do this review. At this point, he related that staff has not selected a particular
firm because they wanted Council input on the direction in which to proceed.
He said the real advantage in using a pre-qualified consultant is that they would
be able to respond quickly to the situation whereas the RFP process takes several
months and could very likely end up as not being affordable.
Mr. Hutton made the motion that staff be directed to select
a consultant. The motion was seconded by Mr. Loveless and approved by voice vote.
(Mr. John abstained.)
BOARDS AND COMMISSIONS
None.
COMMENTS BY STAFF, COUNCIL AND PUBLIC
Ms. Crayton spoke about a problem in her neighborhood that
she witnessed and reported on previously. She related that a trailer full of
garage sale items was being brought into her ward. The trailer owner resides
in a different neighborhood, but owns property in various sections of town. When
confronted about the sale, the property owner replied that it was her stuff and
that she lived there. She had a three-day sale which increased traffic in the
neighborhood and this individual left trash behind when the sale was over. Ms.
Crayton expressed concern about the timeliness of the response she received from
staff. She commented that she is not able to rectify these problems if staff
does not respond to complaints in a timely manner.
Mr. Beck commented that the question still remains as to how
to enforce that particular problem. Mayor Hindman said it appeared there is no
ordinance that prevents this type of sale from occurring. Mr. Beck suggested
the Council discuss the issue further at the work session on Thursday.
Regarding the expansion of Trattoria Strada Nova (B285-03), Mr. Loveless remarked that there had been a staff note that the City should remove the designation of local non-residential central traffic zone because it does not fit anything existing now. He asked that staff get the ball rolling on the issue.
Mr. Loveless reported that he continues to hear complaints about the noise from the pan drums on Medavista. He said it is particularly bad in the summer because of windows being open. He understood Mr. Froeschner was to make some home modifications. Mr. Loveless asked staff to report back on what is required to run a home business as Mr. Froeschner would like to see a resolution to the problem.
Mr. Loveless received a call about white crosses being placed along roadways. The call had been about the cross in front of Hy-Vee. Mr. Loveless said because it is on highway right-of-way, he doubted the City could remove it. He asked staff to report back.
Mr. Loveless was told by a landowner owning a significant
amount of property outside the city limits that he would be willing to voluntarily
annex his property if the zoning ordinances were revised so that he would
not lose some of the privileges he maintains as a county resident. This person
primarily was speaking about the ability to hunt. Mr. Loveless asked staff
to report back on how it could be made more amenable for people to annex
into the city voluntarily and still be able to maintain certain county rights.
He said changes were made for voter annexed property, but not for voluntarily
annexed tracts. Mr. Ash related that he would like to see some size definition
between where the hunting is going on and where the next adjacent person
lives. As a property is replatted and the lots are reduced in size, he thought
the privileges should be taken away. Mr. Loveless agreed and thought staff
could come up with several options. Mr. Janku suggested the two issues be
discussed together.
Mr. Loveless motioned that staff be directed to prepare a
report on what options are available for a person to voluntarily annex their
property while not losing all county privileges currently being enjoyed. The
motion was seconded by Mr. Janku and approved unanimously by voice vote.
Mr. John spoke about complaints he received in the last several
weeks about the deer population. Mr. Loveless remarked that in two months hunters
will reduce the deer population in Missouri by about 300,000. Mr. John also noted
they will be discussing this situation with DNR and the Conservation Department
in the near future and he is hopeful they can come up with something that will
be amenable.
In reference to trash rates, Mr. Ash recalled a discussion
about increasing the rate for special pick-ups. He related ongoing problems
with students in the East Campus area putting out large quantities of trash
before they leave town. He suggested that the City pick-up the trash and
then bill whoever is on the utility bill. Mr. Patterson explained staff's
recommendation that the $15 fee be raised to $25 for a first time violation
of trash out early. If there is a second violation within a 12-month period,
this will increase to $45. Mr. Ash asked about picking up cans and charging
extra for it. Mr. Patterson indicated staff could look into it, but the refuse
collectors generally do not pick-up cans due to the possibility of injury.
He also noted it is very difficult for UAB to administer two different types
of billing procedures. Mr. Patterson commented that it was a policy decision
to go to bags because there is nothing left on the streets after they are
collected. Mr. Ash clarified that he is referring to someone who does not
care about the rule, but just wants to put a bunch of stuff out because they
are moving out. Mr. Patterson replied that sometimes the refuse collectors
will pick-up the entire can and leave nothing behind.
Mr. Janku recalled a special response being implemented in
the East Campus area. Mr. Patterson verified that statement and added that he
was under the impression that it was working pretty well. He reported that dumpsters
were being put out and the refuse collectors were doing advance patrols at the
end of each semester. He thought they were making progress, but if there are
certain areas that need further attention, he will ensure this is addressed.
Mr. Ash wanted to stop erring on the side of giving people
additional chances. He suggested a change in philosophy by just picking up the
trash and charging for the service. Mr. Janku related that the East Campus area
is a particular problem because it is difficult to identify what belongs to whom
when trash is thrown in one big pile. He agreed it is a consistent problem in
the area. Mr. Hutton added there might be five different residences in one of
the houses with five different accounts. Another point was made about some of
the students not paying their last bill and not caring what additional charges
might be added to it.
Mr. John agreed with the general philosophy of the City picking
up the trash, but was not sure about the billing.
Mayor Hindman made the motion that the Council hold a closed meeting on September 4, 2003, in the fourth floor conference room, following the Council work session beginning at 6:00 p.m. to discuss personnel matters. The motion was seconded by Mr. Loveless with the vote recorded as follows: VOTING YES: ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Motion passed.
Norbert Schumann, 205 E. El Cortez, read a letter which he gave to the Council. He asked that a Council member sponsor a zoning change that would require any big box store, appropriately defined, to be located not more than one-quarter mile from the right-of-way of either I-70 or Highway 63 if located within the City limits. The purpose is to assure major road access for the associated high volume of traffic that these facilities generate. Mr. Schumann noted it would also separate large commercial tracts from areas of lower density. He indicated that he did not want a large commercial area in his neighborhood like what exists on Conley Road.
The meeting adjourned at 11:35 p.m.
Respectfully submitted,
Penny
St. Romaine
City
Clerk
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