Petitioners thwart annexation
Sapp is weighing reserve strategies.

By CHUCK ADAMSON of the Tribune’s staff
Published Saturday, February 5, 2005

A Harg-area group’s petition has ended Billy Sapp’s application to annex 965 acres into Columbia.
Bill would eliminate Harg's maneuver

A report signed by City Manager Ray Beck that was released yesterday afternoon said the petition was valid and had enough signatures under state law to end the application. The report recommends the Columbia City Council take no action on the proposed annexation when it meets Monday.

The annexation proposal was the largest in the city’s history.

Sapp spokesman Don Stamper said the developer isn’t quitting and has contingency plans to get the land east of the city annexed.

"We continue to be very disappointed that the petition was even initiated. We anticipated this result," Stamper said. "I don’t think it is all that hard to get people to sign a petition. You could probably get them to sign one on getting the sun to come up."

Harg Area for Responsible Growth, a group formed to oppose Sapp’s development, has been collecting signatures for about two months. The group says Sapp’s plans to build as many as 1,859 homes, a golf course and commercial buildings would deluge two-lane Route WW with traffic and degrade the area’s rural atmosphere.

Voluntary annexation occurs when a property owner and the city council agree to make land part of the city. Under state law, an opposing petition with 2 percent of "qualified" voters stops voluntary annexation.
Developer's setback

Billy Sapp seeks voluntary annexation of 965 acres.
HARG petitioners gather signatures of more than 2 percent of "qualified" voters, blocking Sapp’s proposal.
Sapp can seek involuntary annexation, requiring Columbia voters’ approval and for his development’s border to touch city limits. 

Boone County Clerk Wendy Noren said yesterday that her office had verified 2,155 signatures as valid and coming from Columbia voters.

"There is no question about those," Noren said. "Those are registered, qualified voters."
There is no established legal definition for a "qualified" voter, which has caused a dispute over how many signatures HARG needed. Under any definition, though, the 2,155 verified signatures on the petition amount to more than 2 percent of the entire Columbia population.

"We’re very happy with what we have succeeded in doing up to this point, and we’re just waiting to see what their next move will be," said Renee Richmond, a spokeswoman for HARG. "We do know that things are going to develop out here. It’s just too big, too much and the commercial areas are unacceptable. This was the one thing that could stop it."

In addition to Sapp’s proposed annexation, the city council is scheduled Monday to vote on zoning for Sapp’s land and a sewer extension agreement that would put trunk lines through Sapp’s property.

Beck recommends in his report that the council table the sewer plans as well as take no action on the annexation. Beck said his recommendations were based on advice from City Attorney Fred Boeckmann.
Columbia Mayor Darwin Hindman said he expected the council to take the attorney’s advice.

"It’s very rare that council would go against our legal counsel’s advice," Hindman said.
Sapp could pursue "involuntary" annexation, but that requires a vote by Columbia residents and 15 percent of a property’s border to touch the city. Sapp’s property border doesn’t, meaning he would need to file a new application with other property owners joining him.

"We have a number of strategies that we have been holding in reserve, and we’ll be going over those over the next week," Stamper said.

"The petitioners continue to call for a really poor method of planning," Stamper said. "The way they would like this handled could result in a planning disaster."