Boone County Commission Minutes 27 May Roger B. Wilson Boone County Government Center Commission Chambers

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1 TERM OF COMMISSION: PLACE OF MEETING: PRESENT WERE: May Session of the May Adjourned Term Roger B. Wilson Boone County Government Center Commission Chambers Presiding Commissioner Keith Schnarre District II Commissioner Skip Elkin Planning and Zoning Director Stan Shawver County Counselor John Patton Deputy County Clerk Shawna Victor The meeting was called to order at 7:02 p.m. Subject: Proclamation for Tom Hayter Commissioner Schnarre moved to adopt the following proclamation: Whereas; Tom Hayter has been an integral member of the Boone County Local Emergency Planning Committee since 1996 and, Whereas; Tom Hayter has served a significant leadership role in the Boone County Local Emergency Planning Committee as Vice-Chair and, Whereas; Tom Hayter as Vice-Chair of the Boone County Local Emergency Planning Committee has been the Training & Exercise Committee Chair since 1997 and, Whereas; Tom Hayter as Committee Chair directed the planning and execution of four hazardous chemical emergency drills, and in three communities throughout Boone County and, Whereas; Tom Hayter served as Chair of the Boone County Local Emergency Planning Committee from September 2001 until October 2002 in the absence of the Boone County Local Emergency Planning Committee Chair Assistant Chief Ken Hines who was on military active duty and, Whereas; Tom Hayter during this time continued to move the Boone County Local Emergency Planning Committee forward by providing training and education to public safety and private sector members of the Committee and, Whereas; Tom Hayter as a senior manager at 3M Company in Columbia, Missouri has fulfilled an important role of ensuring the communication and interaction of public safety and private sector groups, Therefore, Let it be resolved, that the Boone County Commission does hereby

2 recognize and applaud Mr. Thomas Hayter, for his selfless assistance to the safety and well-being of all Boone Countians and does here Proclaim its sincere appreciation for his contributions to the Boone County Local Emergency Planning Committee. Commissioner Elkin seconded the motion. The motion passed 2-0. Order Commissioner Schnarre presented the proclamation to Ken Hines, Boone County Fire Protection District Assistant Chief. Subject: Planning and Zoning Commissioner Schnarre noted that during Planning and Zoning sessions, the Commission will receive a report from staff and then the Commission will have the opportunity to ask staff any questions. The Commission will then move to a presentation from the applicant or agent of the applicant on behalf of their request. After that, the Commission will convene a public hearing where any testimony in favor of or in opposition to will be welcome. Following the public hearing, the Commission will discuss the issue and then vote on the issue. Stan Shawver, Director of the Planning and Building Inspection Department, stated that the Boone County Zoning Regulations and the Subdivision Regulations are entered into the record. (note - the file copy is retained in the Planning and Building Inspection Department). A. Approve Request by Michael and Neta Teel to rezone from A-2 (Agriculture) to M-LP (Planned Industrial) of 1.51 acres, more or less, located at N. Barnes School Road, Hallsville B. Approve Request by Roger and Della West to rezone from M-LP (Planned Industrial) to A-2 (Agriculture) of 1.51 acres, more or less, located at N. Barnes School Road, Hallsville Mr. Shawver stated the two rezoning requests are related, and so one staff report has been prepared that covers both sites. The subject tracts are located on Barnes School Road, approximately 2 miles west of Hallsville, and north of Highway 124. The Teel request consists of 1.51 acres of A-2 zoned land that is seeking M-LP zoning. The West property is located just north of the Teel tract. The south 150 of the West property is zoned A-2, but the north 220 is zoned M-LP. The land to the east is zoned M-LP, the rest of the land is zoned A-2. The subject tracts are located in Public Water District 4 and the Hallsville R-4 school district. Electric service is provided by Boone Electric Cooperative. The

3 master plan designates this area as being suitable for agricultural and rural residential land uses. The previous owner of this land operated a nonconforming sawmill and pallet factory on the site. As a result of a fire in 1991, 9 acres were rezoned to M-LP so that the pallet factory could be re-built. The 1.51 acres owned by the Teels were excluded from that request. However, the north 1.51 acres of what is now the property owned by the Wests was included. In 2001 the subject tracts were purchased by the Teels and platted as part of Quarter Mile Hills subdivision. The tract owned by the Teels is part of lot 10, which includes the area previously occupied by the pallet factory. Lot 11 is owned by the Wests, and included the original house. The applications being considered tonight will result in the zoning designations being swapped between land owned by the Teels and land owned by the Wests. Staff notified 10 property owners about these requests. If approved, the Teel request will allow the applicant full use of the M-LP land, allowing access to be from Barnes School Road. Prior to any use taking place on the land, both a review plan and a final development plan will be required. Staff recommends approval of the Teel request. The rezoning granted in 1991 included a condition that the property could only be used for the manufacture and assembly of wood products, and that there could be no chemical treatment of wood products. That condition may not be necessary as the applicant will have to submit a review plan that will be subject to conditions prior to any development taking place on the property. Staff recommends approval of the Teel request. Staff recommends approval of the West request. This will result in a residentially developed lot having the same zoning on the entire lot. Staff recommends approval of the West request. The Planning and Zoning Commission held a public hearing on these requests on May 15, The Planning and Zoning Commission made a recommendation to approve both requests. Tom Schneider, 11 N. 7 th Street, Columbia, was present on behalf of the Teels and the Wests. Tom Schneider stated this is a swap of zoning locations. It would not increase the amount of either type of zoning. The Teels currently have land zoned A-2 which should be M-LP. The Wests currently have land zoned M-LP which should be A-2. Commissioner Schnarre opened the floor for a public hearing on these requests.

4 There was no one wishing to speak on these requests. Commissioner Schnarre closed the public hearing. Commissioner Elkin moved to approve the request by Michael and Neta Teel to rezone from A-2 (Agriculture) to M-LP (Planned Industrial) of 1.51 acres, more or less, located at N. Barnes School Road, Hallsville. Commissioner Schnarre seconded the motion. The motion passed 2-0. Order Commissioner Elkin moved to approve the request by Roger and Della West to rezone from M-LP (Planned Industrial) to A-2 (Agriculture) of 1.51 acres, more or less, located at N. Barnes School Road, Hallsville. Commissioner Schnarre seconded the motion. The motion passed 2-0. Order C. Approve Petition submitted by Nancy Lee Boon Trust Number 1 to vacate and re-plat Sunnyside Acres Subdivision Mr. Shawver stated the department received a petition to vacate and re-plat Sunnyside Acres Subdivision. This is a two lot subdivision located on Route N south of Pierpont. The applicant wishes to vacate the two lots and re-plat into one lot. There is currently one house on one lot. Section of the Subdivision Regulations require the County Commission to hold a public hearing in order to consider any petition to vacate and/or re-plat, taking into consideration character of the neighborhood; traffic conditions; circulation; the proper location and improvement of streets and roads within and adjacent to the subdivision; property values in the subdivision; public utilities; facilities and services and the re-plat will not generally adversely affect the health, welfare, or safety of persons owning or possessing real estate within the subdivision to be vacated or surrounding real estate. Nancy Lee Boon, 8251 South Route N, Columbia, was present on behalf of this request. Nancy Boon stated she had purchased the land she lives on in bits and pieces. She owns both lots of the Sunnyside Acres Subdivision. Since then, she has purchased land around

5 the subject area and currently owns 21 acres. She is trying to get all pieces of the land she owns platted into one piece of land. This would decrease the amount of paper work she receives each year during tax time. She would also like to have the entire 21 acres she owns rezoned. She has had discussions with the Boone County Assessor, Tom Schauwecker, and he believes the 21 acres can be rezoned to agriculture, which would also lower her taxes. Ms. Boon noted there is one house on one lot in Sunnyside Acres Subdivision, which is her house that she built in There is one remaining house on a 5 acre tract she owns and rents. When this house is vacated, she will tear it down leaving only one house on the 21 acres she owns. Commissioner Elkin asked if there are six separate tracts of land Ms. Boon owns but are contiguous. Ms. Boon stated that is correct but the only tracts that she owns that were platted as a subdivision are the two lots in Sunnyside Acres. There was discussion about how the vacate and re-plat process of Sunnyside Acres and the remaining tracts of land would work in the future. Commissioner Schnarre opened the floor for a public hearing on this request. There was no one wishing to speak on this request. Commissioner Schnarre closed the public hearing. Commissioner Schnarre moved to approve the petition submitted by Nancy Lee Boon Trust Number 1 to vacate and re-plat Sunnyside Acres Subdivision. The vacation is not to take place until the re-plat is approved. Commissioner Elkin seconded the motion. The motion passed 2-0. Order D. Approve Petition submitted by Betty and Nancy Bundy to vacate and re-plat Lot 2 of Pin Oak Subdivision Block IV The applicants for this request were not present at the meeting. Since the applicants are required to be present at the County Commission meeting for a petition to vacate and replat, this item will be tabled. There was discussion about future notification of neighbors of the petition.

6 Commissioner Elkin moved to table the petition submitted by Betty and Nancy Bundy to vacate and re-plat Lot 2 of Pin Oak Subdivision Block IV. Commissioner Schnarre seconded the motion. The motion passed 2-0. Order E. Receive and Accept Jolly Acres Plat. S6-T50N-R12W. Rhonda Jolly, owner. Mr. Shawver stated this is a two lot subdivision located on Pinnacles Road. This is a 20 acre tract, split into a 13 acre tract and a 6 acre tract. The Planning and Zoning Commission approved this plat and it is ready to be received and accepted by the County Commission. Commissioner Schnarre moved to receive and accept Jolly Acres Plat. Commissioner Elkin seconded the motion. The motion passed 2-0. Order Subject: Sheriff s Department Second Reading and Public Hearing for Approval of Budget Amendment Commissioner Elkin stated this is a budget amendment for the Community Emergency Response Team Grant awarded to the Sheriff s Department. Commissioner Elkin moved to approve the following budget amendment: DEPARTMENT ACCOUNT AND TITLE : Emergency Services and Dispatch Federal Grant Reimbursement : Emergency Services and Dispatch Training (Registration) : Emergency Services and Dispatch Other Supplies AMOUNT INCREASE $4, $1, $3, Said budget amendment is to establish a revenue and expenditure budget for the Community Emergency Response Team (CERT) Grant Program.

7 Commissioner Schnarre seconded the motion. The motion passed 2-0. Order Subject: Court Administrator Second Reading and Public Hearing for Approval of Budget Amendment Commissioner Elkin stated this is an amendment for the Mental Health Court Grant awarded by the Bureau of Justice Assistance. Commissioner Elkin moved to approve the following budget amendment: DEPARTMENT ACCOUNT AND TITLE : Juvenile Justice Grants Federal Grant Reimbursement : Juvenile Justice Grants Travel to Training : Juvenile Justice Grants Meals/Lodging : Juvenile Justice Grants Business Related Meals/Lodging : Juvenile Justice Grants Registration : Juvenile Justice Grants Mileage : Juvenile Justice Grants Outside Services AMOUNT INCREASE $70, $1, $4, $ $ $1, $62, Said budget amendment is to establish a budget for the Mental Health Court Grant. Commissioner Schnarre seconded the motion. The motion passed 2-0. Order Subject: Purchasing Department Second Reading and Award of Bid 33-15MAY03 (Phase II Interior Renovations Boone County Public Works South Facility Maintenance) Commissioner Elkin stated this is a recommendation for award to GBH Builders, Inc. for

8 having the lowest and best bid meeting the minimum specifications. The total contract amount for the base bid is $229, Commissioner Elkin moved to award bid 33-15MAY03 for Phase II Interior Renovations for the Boone County Public Works South Facility Maintenance Building to GBH Builders, Inc. Commissioner Schnarre seconded the motion. The motion passed 2-0. Order Subject: Rescind Commission Order and Second Reading to Adopt Legal Descriptions for Townships Commissioner Schnarre stated when the legal descriptions for the townships were done at the end of 2002, there were some errors made in those legal descriptions. These are correct legal descriptions that are ready to be adopted. Commissioner Elkin moved to rescind Commission Order Commissioner Schnarre seconded the motion. The motion passed 2-0. Order Commissioner Schnarre moved to: 1. Add three townships to Boone County, Missouri to be named Katy, Rock Bridge, and Three Creeks, 2. Revise the boundary between Missouri and Columbia Townships, and 3. Adopt the following legal descriptions for the ten (10) townships in Boone County: BOURBON TOWNSHIP Beginning at the northwest corner of Boone County, Missouri, said County described by Section RSMo., the northeast corner of township fifty-one of range fourteen, west; thence east with the line between townships fifty-one and fifty-two to the northeast corner of township fifty-one of range twelve, west;

9 thence south with the line between ranges eleven and twelve, west, to the southeast corner of said township fifty-one of range twelve, west; thence west with the line between townships fifty and fifty-one to the west line of said County; thence northeasterly to the beginning. CEDAR TOWNSHIP Beginning in the middle of the main channel of Cedar Creek, the east line of Boone County, at the centerline of Missouri State route Y, said County is described by section RSMo.; thence southerly in the middle of the main channel of said creek to the east line of section twelve of township forty-five of range twelve, west, the range line between ranges eleven and twelve, west; thence south with said range line to the middle of the main channel of the Missouri River; thence northwesterly, in the middle of the main channel of said River to the south line of section twenty-seven of township forty-six of range thirteen, west; thence east with the subdivision lines to the centerline of the railroad right-of-way, the Katy Trail State Park, on the south line of section twenty-six of township forty-six of range thirteen, west; thence northwesterly with said centerline of the right-of-way to the westerly prolongation of the final tangent line of the centerline of Missouri State route M; thence northeasterly with said prolongation of the final tangent line and the centerline of route M to the junction with the centerline of Missouri State route Y; thence east with said centerline of route Y to the beginning. CENTRALIA TOWNSHIP Beginning on the north line of Boone County, Missouri, said County is described by section RSMo., the northeast corner of township fifty-one of range twelve, west; thence east with said north line, to the northeast corner of section two of township fiftyone of range eleven, west; thence south with the subdivisional lines to the southeast corner of section thirty-five of

10 township fifty-one of range twelve, west; thence west with the line between townships fifty and fifty-one to the southwest corner of township fifty-one of range eleven, west, to the range line between ranges eleven and twelve, west; thence north with said range line to the beginning. COLUMBIA TOWNSHIP Beginning on the east line of Boone County on the subdivisional line between sections fourteen and twenty-three of township forty-nine of range eleven, west, said County is described by section RSMo.; thence south with the county line to the south line of section thirty-three of township fortyeight of range eleven, west, on the township line between townships forty-seven and fortyeight in the middle of the main channel of Cedar Creek; thence west with said township line to the centerline of Providence Road, Missouri State route 163; thence north with said centerline of Providence Road, route 163 to the junction of the centerline of Worley Street and the centerline of Rodgers Street; thence east with said centerline of Rodgers Street to the centerline of Nichols Street; thence north with said centerline of Nichols Street to the centerline of Hinkson Avenue; thence east with said centerline of Hinkson Avenue to the centerline of College Avenue; thence south with said centerline of College Avenue to the centerline of Paris Road; thence northeast with said centerline of Paris Road to the centerline of Business Loop 70 East; thence west with said centerline of Business Loop 70 East to the centerline of the City of Columbia Colt Railroad line; thence northeast with said centerline of the railroad line to the centerline of U.S. Highway I-70; thence west with said centerline of U.S. Highway I-70 to the centerline of Missouri State route 763;

11 thence north with said centerline of route 763 to the west line of section nineteen of township forty-nine of range twelve, west, on the range line between ranges twelve and thirteen, west; thence north with said range line to the northwest corner of said section 19; thence east with the subdivisional lines to the southeast corner of section thirteen of township forty-nine of range twelve, west, on the line between ranges eleven and twelve, west; thence south with said range line to the northwest corner of section nineteen of township forty-nine of range eleven, west; thence east with the subdivisional lines to the beginning. KATY TOWNSHIP Beginning on the west line of Boone County and the south line of section eighteen of township forty-nine of range fourteen, west, said County is described by section RSMo.; thence east with the subdivisional lines to the southeast corner of section thirteen of township forty-nine of range fourteen, west, on the range line between ranges thirteen and fourteen, west; thence south with said range line to the southwest corner of section eighteen of township forty-nine of range thirteen, west; thence east with the subdivisional lines to the middle of the main channel of Perche Creek on the south line of section sixteen of township forty-nine of range thirteen, west; thence south in the middle of the main channel of Perche Creek to the intersection with the south line of section thirty-one of township forty-eight of range thirteen, west, on the township line between townships forty-eight and forty-seven; thence west with said township line to the west line of Boone County in the middle of the main channel of the Missouri River; thence northerly with the west lines of Boone County to the beginning. MISSOURI TOWNSHIP Beginning in the middle of the main channel of Perche Creek on the south line of section sixteen of township forty-nine of range thirteen, west, said County is described by section

12 RSMo.; thence east with the subdivisional lines to the northeast corner of section twenty-four of township forty-nine of range thirteen, west, on the range line between ranges twelve and thirteen, west; thence south with said range line to the centerline of Missouri State route 763; thence south with said centerline of route 763 to the centerline of U.S. Highway I-70; thence east with said centerline of I-70 to the centerline of the City of Columbia Colt Railroad line; thence southerly with said centerline of the railroad line to the centerline of Business Loop 70 east; thence east with said centerline of Business Loop 70 east to the centerline of Paris Road; thence southwest with said centerline of Paris Road to the centerline of College Avenue; thence north with said centerline of College Avenue to the centerline of Hinkson Avenue; thence west with said centerline of Hinkson Avenue to the centerline of Nichols Street; thence south with said centerline of Nichols Street to the centerline of Rodgers Street; thence west with said centerline of Rodgers Street to the junction with the centerline of Worley Street and the centerline of Providence Road, Missouri State route 163; thence south with said centerline of Providence Road, Missouri State route 163, to the south line of section thirty-six of township forty-eight of range thirteen, west, on the township line between townships forty-seven and forty-eight; thence west with said township line to the middle of the main channel of Perche Creek on the south line of section thirty-one of township forty-eight of range thirteen, west; thence north in the middle of the main channel of Perche Creek to the beginning. PERCHE TOWNSHIP Beginning on the west line of Boone County, said County is described by section RSMo., on the north line of section three of township fifty of range fourteen, west, the line between townships fifty and fifty-one;

13 thence east with said range line to the northeast corner of section two of township fifty of range thirteen, west; thence south with the subdivisional lines to the southeast corner of section thirty-five of township fifty of range thirteen, west, on the township line between townships forty-nine and fifty; thence east with the line between townships fifty and forty-nine to the northeast corner of section two of township forty-nine of range thirteen, west; thence south with the subdivisional lines to the southeast corner of section fourteen of township forty-nine of range thirteen, west; thence west with the subdivisional lines to the southwest corner of section eighteen of township forty-nine of range thirteen, west, on the range line between ranges thirteen and fourteen, west; then north with said range line to the southeast corner of section thirteen of township forty-nine of range fourteen, west; thence west with the subdivisional lines to the west line of Boone County on the south line of section eighteen of township forty-nine of range fourteen, west; thence northeast with said west line to the beginning. ROCK BRIDGE TOWNSHIP Beginning in the middle of the main channel of the Missouri river, the west line of Boone County, said County is described by section RSMo., on the north line of section two of township forty-seven of range fourteen, west, on the township line between townships forty-seven and forty-eight; thence east with said township line to the centerline of U. S. Highway 63; thence southerly with said centerline of U.S. Highway 63 to the intersection of Missouri State route 163; thence west with said centerline of Missouri State route 163 to the junction of the centerline of Missouri State route N; thence southwest with said centerline of route N to the township line between township forty-six and forty-seven; thence west with said township line to the middle of the main channel of the Missouri

14 River, the west line of Boone County; thence with said west line of Boone County to the beginning. ROCKY FORK TOWNSHIP Beginning at the northwest corner of section one of township fifty of range thirteen, west on the township line between townships fifty and fifty-one; thence east with said township line to the east line of Boone County, said County is described by section RSMo., at the northeast corner of section two of township fifty of range eleven, west; thence with the east lines of Boone County: south with the subdivisional lines to the southeast corner of section thirty-five of township fifty of range eleven, west; west with the subdivisional lines to the middle of the main channel of Cedar Creek on the south line of section thirty-four of township fifty of range eleven, west; and south in the middle of the main channel of Cedar Creek to the south line of section fourteen of township forty-nine of range eleven, west; thence west with the subdivisional lines to the southwest corner of section eighteen of township forty-nine of range eleven, west, on the range line between ranges eleven and twelve, west; thence north with said range line to the southeast corner of section thirteen of township forty-nine of range twelve, west; thence west with the subdivisional lines to the southwest corner of section eighteen of township forty-nine of range twelve, west, on the range line between ranges twelve and thirteen west; thence north with said range line to the southeast corner of section thirteen of township forty-nine of range thirteen, west; thence west to the southwest corner of section thirteen of township forty-nine of range thirteen, west; thence north with the subdivisional lines to the northwest corner of section one of township forty-nine of range thirteen, west, on the township line between townships fortynine and fifty;

15 thence west with said township line to the southwest corner of section thirty-six of township fifty of range thirteen, west; thence north with the subdivisional lines to the beginning. THREE CREEKS TOWNSHIP Beginning in the middle of the main channel of Cedar Creek, the east line of Boone County on the township line between townships forty-seven and forty-eight, said County is described by section RSMo.; thence south with said east line, to the centerline of Missouri State route Y; thence west with said centerline of route Y to the junction with the centerline of Missouri State route M; thence southwesterly with said centerline of route M and a westerly prolongation of the final tangent line of said centerline of route M to the centerline of the railroad right-ofway, the Katy Trail State Park; thence south with said centerline of the railroad right-of-way to the south line of section twenty-six of township forty-six of range thirteen, west; thence west with the subdivision lines to the middle of the main channel of the Missouri River, the west line of Boone County; thence northwest with said west line to the township line between townships forty-six and forty-seven; thence east with said township line to the centerline of Missouri State route N; thence northeasterly with said centerline of route N to its junction with the centerline of Missouri State route163; thence east with said centerline of route 163 to the centerline of U. S. Highway 63; thence northerly with said centerline of Highway 63 to the township line between townships forty-seven and forty-eight; thence east with said township line to the beginning. Commissioner Elkin seconded the motion.

16 The motion passed 2-0. Order Public Comment Lana Wiseman, 236 Crescent Meadows, Columbia, stated she is a member of Grass Roots Organization (GRO) and Mobile Park Action Community Team (MPACT). GRO and MPACT have recently received letters from the County Commission and the Boone County Fire Protection District Assistant Fire Chief. She asked if the Commissioners had received any answers to the letters. Commissioner Schnarre stated no answers have been received. Ms. Wiseman stated they appreciate the letters and they are anxious to get the proposal the Commission agreed upon made into law. They understand these things do take time. They have waited one year since the Mobile Home Parks have been graded. They are requesting from the Commission this evening to commit to a reasonable time frame for adopting the proposed mobile home ordinances. Commissioner Schnarre stated the Commission cannot set a time frame. There are some issues that are pending approval from the Governor so the County can have the authority to act on those issues. Ms. Wiseman asked if the Commissioners had an idea of when these proposed ordinances will be adopted. Commissioner Schnarre stated he cannot give a time frame. Commissioner Elkin stated the Commission would hate to commit to something as far as time is concerned because they do not know. If the Commission said it would be next week and action was not taken at that time then it does not serve anyone good. The wheels of government turn slowly. The Commission has had to seek legislative relief on some of these proposals. The Commission is moving as fast as they possibly can. Ms. Wiseman stated they appreciate the Commissions work on these issues. They will be in contact with the Commission within the next 30 days on the status of the proposed issues. There was no further public comment. The meeting adjourned at 7:30 p.m.

17 Attest: Keith Schnarre Presiding Commissioner Wendy S. Noren Clerk of the County Commission Karen M. Miller District I Commissioner Skip Elkin District II Commissioner