FEBRUARY 18, 2002

    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, February 18, 2002, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, and CRAYTON were present. The City Manager, City Counselor, City Clerk and various Department Heads were also present.

    The minutes of the regular meeting of February 4, 2002, were approved unanimously by voice vote on a motion made by Mr. Hutton and a second by Mr. John.

    Mayor Hindman noted that a request had been received to remove R44-02 from the agenda.
    Upon his request, Mr. Janku made the motion that Mr. Coffman be allowed to abstain from voting on B44-02. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
    The agenda, as amended, including the consent agenda, was approved unanimously by voice vote on a motion made by Mayor Hindman and a second by Mr. Hutton.



B33-02     Rezoning property located on the west side of Rock Quarry Road, east of the easternmost part of
                 Seven Oaks Subdivision from A-1 to PUD-3.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained that the Council had seen a similar request last year from this particular applicant for a PUD-5. The current request is for a PUD-3 on this approximate 21 acre tract located on the west side of Old Rock Quarry Road, north of the new Route AC. The intent is to cluster 57 dwelling units on the eastern portion of the property. Mr. Dudark said the western portion would primarily be left in open space. The Planning and Zoning Commission recommended approval of the request. Although there is no site development plan at this stage, Mr. Dudark noted that one must be approved by the Council before any construction could occur.
    Mr. Coffman asked about a tract which is the subject of a current down zoning. Mr. Dudark replied that there is an application to down zone some R-3 and R-2 property to R-1. He reported the property is located on the other side of Rock Quarry Road and would be up for vote at the next Council meeting.
    Mr. Janku noted a discussion relating to the extension of Norman Drive, the area to the west, but said there was no mention of an interconnection with properties to the north or south of the subject tract. Mr. Dudark responded that there is no plan to do that. He said several months ago there had been some discussion about extending a street further east, connecting to Rock Quarry Road, but it would not touch this property -- it would abut property to the north of this tract.
    Mr. John asked if he understood that Norman Drive, when extended out of Seven Oaks, would not connect with this property. Mr. Dudark said that is correct. He believed it abuts the property to the north of the tract. Mr. John understood that Norman Drive was stubbed out in order to create a second entrance and was part of the original plan of Seven Oaks. He said the connection may or may not be through this property, but it would not be immediately because Norman Drive does not adjoin this property. Mr. Dudark replied that was correct.
    Mayor Hindman opened the public hearing.
    Dan Simon, an attorney with offices at 203 Executive Building, spoke on behalf of Steve Herigon Construction. At the time of the previous rezoning application, Mr. Simon said the indications had been that if the density was reduced, the Council would be favorably inclined towards a PUD -- which is the reason the applicant has reduced the request to a PUD-3. He noted the request complies with the City's Master Plan, and would produce the same number of units as would an R-1 or the current A-1 zoning. He pointed out with R-1 zoning, the applicant could still establish 57 lots on the tract while still not using the western portion of the property.
    As required by the PUD ordinance, Mr. Simon reported the applicant has filed a statement of intent that will become a part of the ordinance should the Council approve the rezoning, which runs with the property and binds the property. He said a conceptual plan has also been developed that will conform substantially with the plan once it is produced. The conceptual plan and the statement of intent provide for 57 clustered single family residences. Although the statement of intent indicated these would be in buildings of two to eight, the most recent development of the conceptual plan actually shows that no building will have more than three units. He said most would be two unit buildings.
    Mr. Simon indicated the applicant met with the homeowners on four different occasions with the intent of trying to minimize their concerns. Their primary concern relates to Rock Quarry Road. So as to minimize the development's impact on Rock Quarry and to the environment because this is a very steeply sloped site, he said the idea is to develop the tract off of a residential city street that runs along the top of the hill. The buildings will be clustered along that street to preserve the gullies, gulches, ravines and heavy tree cover on the site. Mr. Simon said over 65% of the site will be left in open space. He felt this particular tract to be a classic use of the PUD ordinance as it allows the applicant to cluster the dwellings as opposed to an R-1 where they would have to use more of the site.
    Mr. Simon identified there has been some discussion about delaying this request in order to produce a master plan for the area. He suggested that would take no less than six months and probably more like eighteen months to consider adopting such an ordinance. Mr. Simon maintained that to delay this project any further when the applicant has done everything that has been asked of him, has done his best to be reasonable, and has met countless times with the homeowners would not be fair, proper or reasonable. He also related that this development will provide for major infrastructure improvements that will benefit the Seven Oaks subdivision to the east. He stated the subdivision does not have looped water and electric lines, and the only way the line can be installed is to go through this area. Mr. Simon passed out copies of the sketch and the architectural renderings.
    Mr. Janku noted that the sketch appears to have a connection to the north. Mr. Simon replied that to be correct, there is a stub street to the north. Mr. Janku observed that was not mentioned in the statement of intent. He asked if it was Mr. Simon's opinion that when a plan comes forward, the Council can require the connection to the north if that is their desire. Mr. Simon said that would certainly be within their power and authority because the plan in this case goes along with the platting process. Mr. Janku asked if he meant both north and south. Mr. Simon responded affirmatively. He pointed out the second entryway into Seven Oaks was made as a provision to connect to the Huntridge subdivision. As part of that, the developer of Seven Oaks dedicated a parkland that would allow the City, at the developer's expense, to actually provide the second connection. When that was discussed, he felt there was never any intention to take the street through there as the destruction to the environment would be astronomical. Mr. Simon was sure the residents of Seven Oaks would oppose it.
    Mr. Janku pointed out that the statement of intent does not identify that each unit will have a garage. Mr. Simon represented and warranted that if the plan before the Council does not comply with what he has outlined tonight, the Council may reject it. He reported the buildings will predominantly be three bedroom units, and each will have a two car garage. He stated these will be very nice units intended to attract professional people.
    Dale Roberts, 902 Manhattan in Seven Oaks, concurred with Mr. Simon in that residents are opposed to a street through their neighborhood. He questioned why this request could be resubmitted in less than a year. In addition, Mr. Roberts wondered if the project was within and/or detrimental to the public interest.
    Bill Crockett, Project Engineer, with offices at 2608 N. Stadium, said the concern about the entrance from the west relates to the terrain. He noted there is about 130 feet of difference in elevation occurring on an approximate 25% slope, which would scar the terrain and damage the tree cover in the area. The proposed development is planned in a fairly open space, but Mr. Crockett acknowledged the tract is heavily wooded. Regarding the one year requirement, he reported that City staff determined this request to be in order.
    Mr. Coffman asked how far from Rock Quarry Road the closest units would be constructed. Mr. Crockett replied that the units are setback over 100 feet, which is in excess of the absolute minimum for the buffer. Mr. Coffman questioned how much of the vegetative buffer would be removed to accommodate the street into the development. Mr. Crockett said it would be a 32-foot wide residential street with a 50-foot right of way. He explained the street, for the first 400 feet, borders the adjoining property to the south which allows for access at any point through there.
    Mr. John asked how far from the west line are the westernmost buildings. Mr. Crockett replied that would be about 800 to 900 feet.
    Dean Anderson, a Hyde Park resident with a contract on a house in the Huntridge area, noted flooding in the Seven Oaks area last year. He expressed concern about increasing the impervious surfaces in the area. Mr. Anderson asked that if the if the project is allowed to proceed, that consideration be given to include bike lanes.
    Virginia Crawford, 2220 Shepard, President of the Grindstone Rock Quarry Neighborhood Association, reported that at their annual meeting the group had reached the consensus that the Council should be asked to postpone action on this issue until residents could meet with the developer again as there are unresolved questions about the development and its economic impact.
    Mayor Hindman noted that the Council is considering the zoning at this point, not the plan. He felt the neighborhood concerns related most with the plan, not the zoning. Ms. Crawford agreed, but indicated residents preferred that things proceed slowly on this very sensitive area.
    Richard Simpson, 3407 Rock Quarry, pointed out that the developer met with the Neighborhood Association at their meeting place only one time, although there have been some other meetings away from the neighborhood where occasionally one or two officers might be present. On Monday, February 11, Mr. Simpson reported that members of the neighborhood association were invited to meet with developer Steve Herigon, attorney Dan Simon, and engineer Tim Crockett at the Campus Inn. Although notice of the meeting was very short, Mr. Simpson said several association members were in attendance and reviewed the latest plans for Mr. Herigon's proposed development. Many concerns were discussed and he said a great deal of time was devoted to the issues of density and the related traffic problems. Also deliberated were the proposals recently placed before the Planning and Zoning Commission concerning the creation of a special district and the construction of a City street west of Rock Quarry Road. The next day, Mr. Simpson explained that Association members, stakeholders, and Friends of Scenic Rock Quarry Road came to a consensus that they request to have this matter be tabled.
    Melissa Wayland, 808 Manhattan, said that many of the Seven Oaks residents knew nothing about this proposal. Ms. Wayland thought a lot more study and planning was warranted, and she suggested that happen before the rezoning occurs.
    Mayor Hindman asked if notices were sent out to property owners within 185 feet of the subject tract. Mr. Dudark replied affirmatively and stated the property was also posted on the Rock Quarry frontage. Mr. Janku noted the proposal was also published in the paper with a map. Mr. John asked if Seven Oaks has a registered neighborhood association. Mr. Dudark was not aware of one.
    Mayor Hindman pointed out that there will be plenty of time to debate the plan should this rezoning take place. He further stated the developer will have to comply with the letter of intent.
    Melvin Brown, a resident of Seven Oaks at 2302 Memorial Court, indicated there is a homeowners association for this subdivision. He also was opposed to a road connection through this subdivision.
    Mayor Hindman noted there is no plan before the Council that identifies a road connection from the proposed development. Mr. John stated there is a stubbed street in Seven Oaks which was established for traffic and security reasons. At this point, he said there is no proposal to extend it.
    Regarding the homeowner's association, Mr. Janku explained that is something a developer establishes for the subdivision, but the City has a separate procedure wherein the association can be registered with the City's Planning Department. He said once that happens, the neighborhood representative would receive notices of zoning issues as well as other matters affecting the area.
    Gene Laemmli, 2201 UMC Drive, suggested reconstructing Rock Quarry Road so the development could ingress and egress the reconstructed road and would not interfere with the other established neighborhoods.
    Julie Owens, 2101 Rock Quarry, Vice-President of the neighborhood association, commented that the group realizes this is a zoning request, but residents are asking for time to consider this as a region. She said there are many requests to come, but this is the precedent setting case and as this tract falls, so will all the others. Ms. Owens noted that residents are not opposed to development, but would prefer that it proceed slowly so the region can be considered as it serves the entire community.
    Mariel Stevenson, 2111 Rock Quarry, spoke on behalf of the Greenbelt Coalition. She pointed out that the Coalition owns 43 acres of land along Scenic Rock Quarry Road, north of the proposed rezoning. She related the Coalition was entrusted to protect this area by the Nature Conservancy in 1999 when the land was deeded to them. She stated they also have a conservation easement on adjacent land. While the Coalition applauds the developer's use of PUD zoning as this is an area where topography makes cluster development very desirable both for the developer and for the environment, they are concerned about the density. Since this will set a precedent for future developments along Rock Quarry, Ms. Stevenson said the group worries that the developments and the widening of the road would affect Hinkson Creek and the green space surrounding it. The Coalition believed a comprehensive plan of the area, possibly including an alternate road, to be very important. She was supportive of tabling the issue for a reasonable time until a comprehensive plan can be achieved.
    Jo Sapp, 1025 Hickory Hill, commented that Rock Quarry Road is a community treasure, as is the whole area. She urged the Council to go slowly in making any changes that might affect the unique nature of that scenic roadway.
    Fred Young, 2101 Rock Quarry, said he did not think anyone was opposed to Mr. Herigon developing his property, but residents wanted to see a plan established for the whole area.
    John Clark, 403 N. Ninth, spoke in favor of tabling the issue. He said the there was something adopted informally by the Council when working on the AC extension to guide development in that area.
    David Wilson, 1810 Riback Road, said he was in favor of developers having the right to build on their land, but he did not believe they have an inalienable right to be granted a rezoning without a master plan which takes into account its scenic roadway. He said this rezoning would be out of character with the rest of the neighborhood and would represent spot zoning of the worst kind.
    Ray Bacon, 603 N. Old Highway 63 explained that he will be moving to Seven Oaks next Monday. He is opposed to any connection between the tract in question and the Seven Oaks Subdivision.
    Mayor Hindman closed the public hearing.
    Mayor Hindman asked if there was any ordinance that would provide for the neighborhood planning being suggested. Mr. Boeckmann replied there is no procedure for neighborhood planning. The Council would have to establish a procedure and then apply it to this particular situation. He noted it took two to three years before the scenic road designation was adopted for Rock Quarry Road. Mr. Boeckmann maintained that had been a fairly simple procedure compared to devising some sort of neighborhood plan.
    Mr. Coffman asked about the one year rule and if a different zoning classification is considered a substantial change. Mr. Boeckmann responded this request represents a substantial change in density. If the rezoning is granted and a plan is presented soon after which meets the requirements and classifications of a PUD-3, Mr. Coffman asked what power the Council would have to reject it. Mr. Boeckmann explained at one point the ordinance required that a plan had to be submitted at the time of the rezoning, but it was changed by the Council to encourage PUD's. Once the PUD was approved, the applicant could go to the extra expense of having a plan prepared. Mr. Boeckmann reported that in PUD's and zoning, the Council has legislative discretion, but subdivisions have administrative discretion which means if someone comes in with a plat that meets the subdivision ordinance, then it would be the duty of the Council to pass the ordinance. Basically, the PUD plan is part of the zoning process, so Mr. Boeckmann believed the Council would have more discretion. In reference to subdivisions, he said there is a requirement that streets be stubbed out to the adjoining properties. If it meets the requirements of the subdivision ordinance, Mr. Boeckmann said the Council has the duty to approve the plat. However, there are still some points where the Council would have latitude in terms of the layout of streets and so forth. In this case, he thought the issue of requiring street connections to the property to the north and south was something that could be required as part of the plan approval process.
    Mr. Janku asked if there would be guidelines in place related to neighborhood connections when the plan is submitted to the Planning Department. Mr. Dudark said the only things staff can consider are contained within the zoning ordinances and subdivision regulations.
    Ms. Crayton thought it would be better to give the neighborhood more time to work things out with the developer.
    Mr. Coffman asked what the dashed lines on the drawing represented with regard to the scenic road designation. Mr. Dudark responded it was the advisory setback line for structures. He said it establishes 83 feet from the centerline as a no tree clearance area, and then another 150 feet that is more advisory, not mandatory. Mr. Coffman said the sketch in this case shows the development close to the mandatory limit.
    Mr. Coffman suggested the Council delay making a decision on this issue until after looking at the roadways, the access and exactly how they want the area developed. He noted the Planning and Zoning Commission is having a special work session on Thursday to talk about the issue.
    Mr. Coffman made the motion that B33-02 be tabled for three months in order for a master plan for this area to be developed. The motion was seconded by Ms. Crayton.
    Mayor Hindman understood the concerns of the neighborhood, but felt three months was too long. He asked if that could create any legal issues. Mr. Boeckmann said if the Council engages in a process that will take years before giving the applicant an answer, that would be a problem. He explained the obligation to allow reasonable zoning.
    Regarding the request for an extended time period for planning, Mr. Hutton noted that this particular rezoning request began in June. He asked how much neighborhood planning has gone on since June, and why was it not as important then as it appears to be now.
    Mr. Janku thought the key issue is that there be some interconnection between the various properties - a road that will allow the neighborhood traffic to flow together. He thought staff could come up with some sort of sketch plan that would incorporate this tract. Given the topographic constraints, Mr. Janku believed there is probably a relatively limited area where a road could go through. He presumed once a plan is submitted, they will have a better sense where such a road might go.
    Mr. John commented the scenic overlay was created to protect Rock Quarry Road. He was a member of the Planning and Zoning Commission when the overlay was being considered. It was made very clear that the designation would not stop development along Rock Quarry Road or improvement to the road itself, rather, it would create a vegetative buffer. He said when AC was built, there was a sketch that showed another break in it somewhere between Green Meadows and the Rock Quarry Road connection. Mr. John assumed a connection will occur at some point, but that will depend upon terrain and how the land develops out. He said this development is just one piece of the puzzle. Mr. John did not think this request will have a greater density than what could be done under A-1. He noted that Seven Oaks was done at four units per acre.
    Mr. Coffman commented that if this particular type of development is allowed at every spot along the roadway, it will significantly denigrate the vegetative buffer with regard to street access. In addition, it will congest the area and lead to more road development -- which some people will favor while others will not. Mr. Coffman said the Council should delay voting on this issue until a plan for the area is approved.
    Mayor Hindman said he would like some kind of assurance that the developer will work with the neighbors to get their input with respect to what is put in the plan.
    The motion to table, made by Mr. Coffman, seconded by Ms. Crayton, failed by voice vote.
    In terms of interconnections or any other protections, Mr. Janku asked if the Council could amend the ordinance to include such as a condition of approval. Mr. Boeckmann indicated the Council could make conditions on the rezoning. He noted they have imposed conditions on rezonings in the past.
    Mr. Janku made the motion to amend B33-02 by adding language at the end of Section One as follows: "This rezoning is subject to the condition that the PUD site plan show adequate pedestrian and automobile connections to adjoining properties." The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    B33-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, HINDMAN. VOTING NO: COFFMAN, CRAYTON. Bill declared enacted, reading as follows:

B39-02     Authorizing Change Order No. 1; approving the engineer's final report; levying special assessments
                 for the Sanitary Sewer District No. 155 Project (Marion and Medavista Drive).
    The bill was given second reading by the Clerk.
    Mr. Patterson explained the purpose of this public hearing to be for the purpose of levying special assessments against properties included in Sewer District No. 155. The district was formed in December of 2000 and consists of ten properties located between Medavista and Marion, south of Ridge Road. The properties were previously served by a private common collector which frequently became clogged and caused sewage overflows in the yards and manholes in the adjacent streets. The work, which was performed last summer, consisted of approximately 560 feet of eight inch sewer line with manholes and the reconnecting of existing private laterals. At the time of the public hearing for construction, the resolution estimate was $60,000 with the maximum tax bill set at $.26 per square foot of property included in the district. The actual final cost was $78,936.30. The tax bills, if assessed, would provide $30,367.74 and the sewer utility would pay $48,568.56.
    In determining whether the properties should be assessed, Mr. Patterson suggested the Council consider benefits that include the elimination of the cost of maintaining private systems, the elimination of potential health and environmental liabilities, and the traditionally increased property value of being connected to a public sewer.
    Mayor Hindman opened the public hearing.
    There being no comment, Mayor Hindman closed the public hearing.
    B39-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

R46-02     Amendment to the FY 2002 CDBG and HOME Action Plans.
    The resolution was read by the Clerk.
    Mr. Beck noted that the City received $18,000 less than what was anticipated when the Community Development Block Grant money was allocated in conjunction with the adoption of the annual budget. The report also mentioned HOME funds which are federal monies received primarily for housing aspects of the overall program. The proposal would increase the amount made available for the emergency home repair program for smaller kinds of improvements that do not have to be approved by the Loan and Grant Committee. Mr. Beck noted this program has been quite successful. He reported staff proposes putting some money back in a street project that had been removed in lieu of a sidewalk project, and to use some of the HOME money for the County Group Home program.
    Mr. Janku asked how long it would be before the Donnelly project is actually constructed. Mr. Beck understood they would be able to move forward with it, but the other option was to do it in two phases - design and construction. Mr. Janku questioned whether this would be construction money or additional engineering money for the second phase. Mr. Patterson said the additional monies would go toward the construction of the project. He stated staff is trying to get the design work done this year. Mr. Janku asked when the construction would start. Mr. Patterson replied next year would be the very earliest. Mr. Janku wondered if it could start in the spring of 2003. Mr. Patterson indicated it would probably be later than spring because it still has to be designed, then the public hearing needs to be held, etc.
    Mr. John asked about the increase to the emergency home repair program. He assumed that it was being drawn down and that the $35,000 allocated would not be enough. Mr. John asked about the use of the $64,000 allocated to Boone County Group Homes. Mr. Dudark explained the group is proposing to buy a nine-unit apartment building and convert it to a home for the developmentally disabled. If the Council approves the allocation, the HOME funds would go for the renovation activity -- to make the units accessible.
    Historically, Mr. Janku noted there has been a waiting list for the owner occupied rehabilitation program. He asked about the status in terms of projects that have been approved. Mr. Dudark did not know the exact number on the waiting list, but usually it takes about a year before the person receives funding. This averages to about 15 homes per year, but the lead base paint issue has slowed things down because there are not enough contractors who work on those kinds of projects.
    Ms. Crayton asked if there are other funds that come to the City that could be used in the same manner as the owner occupied rehabilitation program. Mr. Dudark replied that the City tries to work with other organizations like Services for Independent Living, Habitat for Humanity, and the Boone County Council on Aging. He said there are lots of times where there will be multiple sources of funds on a particular project. Ms. Crayton said she would like to know what kind of funding the other organizations are getting and how they are spending them. Mr. Beck remarked that staff has been aggressively chasing funds. He said he would get her a report.
    Regarding sidewalk improvements, reconstruction and repair, Mr. Janku commented that the Council has considered changing the policy, but has not formally done so. In particular, he was interested in the reconstruction of walks on the north side of Broadway. He questioned if the Council decided not to tax bill the property owners for the project, whether funds were available for it. He suggested holding the money out and leaving it unprogramed until it is determined what they want to do about that project. Mr. Janku noted the Donnelly project could be funded out of next year's appropriation. Mr. Beck wondered if that part of Broadway would be eligible for CDBG funding. Mr. Dudark said the north side of Broadway is eligible, but would not be eligible for repair and maintenance, only for construction. Mr. Janku stated if the policy is changed, funding would be needed in the very near future.
    Mr. Janku made the motion that the additional monies programed for the Donnelly project be put in contingency. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
    Mayor Hindman asked about the Flat Branch Clean Up. Mr. Dudark explained that those are funds received from the insurance settlement which were put back into the HUD CDBG account for the City. He said they are available to be reprogrammed for other purposes.
    Regarding the Donnelly appropriation being kept in contingency, Mr. Hutton suggested staff bring back a recommendation on how to best use the money within this budget year.
    Mayor Hindman opened the public hearing.
    Bill Easley, 705 Cook, did not think a sidewalk was necessary on Donnelly. He thought the money could be better spent in other areas.
    William Woodward, 200A Unity, suggested that the appropriate agencies should be credited for funding neighborhood projects.
    Mayor Hindman closed the public hearing.
    The vote on R46-02, as amended, was recorded as follows; VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

(A)     Reconstruction of Garth Avenue from Thurman Street north of Bear Creek, including reconstruction of
          bridge over Bear Creek.
    Item A was read by the Clerk.
    Mayor Hindman read the following statement:

    Mayor Hindman opened the public hearing and asked Mr. Patterson to describe the work being proposed.
    Mr. Patterson reported the project will include the reconstruction of Garth Avenue from Thurman Street north approximately 600 feet to Bear Creek, and replacement of the Bear Creek bridge on Garth Avenue. The project will provide an improved street and bridge replacement on the existing alignment. The total estimated cost for the project is $827,000, with $322,400 of that amount being provided through special bridge replacement funds from the Federal Highway Administration. The bridge replacement grant is for replacement of deficient bridges based on a statewide annual evaluation for structural deficiencies. Mr. Patterson indicated the Garth Avenue bridge has been classified as functionally obsolete due to its substandard width of 22 feet and its inability to convey flood waters. Since there is $322,400 of federal funds available for this purpose, and the project includes elements for street reconstruction work which is not eligible for bridge replacement funding, Mr. Patterson said additional funding is necessary. He explained Federal Surface Transportation Program funds in the amount of $298,600, and $196,000 from local sales tax and $10,000 from tax bills levied against adjacent properties will provide the remaining funds. All applicable federal guidelines will be followed in the design, right-of-way acquisition and construction of the project. Mr. Patterson stated the proposed project is expected to have no significant impact on the environment and a categorical exclusion from the need to prepare an Environmental Impact Statement.
    Mr. Patterson remarked that the project is being designed by the Larkin Group, the consulting engineering firm from Kansas City, Missouri. It has been designated as a major collector street on the CATSO 2025 Plan. The projected design traffic for the year 2020 is 9,900 average vehicles per day.
    Mr. Patterson displayed a cross section on the overhead showing a 30 foot wide pavement with five foot sidewalks on both sides. He noted the pavement south of Thurman is 38 feet, which is the standard collector width. The pavement width transition will be made with a bulb out in the intersection which will also slow southbound traffic. On-street parking is to be prohibited between Thurman and the bridge which will then provide two 14½ foot lanes to be shared by vehicles and bicycles. He stated the proposed design section has been presented to the Bicycle/Pedestrian Commission for comment. Mr. Patterson indicated that storm water will be managed with curbs and gutters, inlets and storm drainage pipes. He noted the inlets are to be recessed to provide safety for bicyclists. The project will also provide improved vertical alignment for site distance at Garth Court and Thurman Street. The project is considered to be an important vehicle/bicycle/pedestrian link in this area of the City.
    Mr. Patterson noted the Bear Creek Trail, which extends across the north part of the City, has a surface crossing at Garth Avenue north of the bridge. Part of the project will include a new trail crossing beneath the bridge.
    Mr. Patterson stated the contract for construction is expected to be awarded late in 2003, with the work being performed in the spring of 2004. Following project approval, he said the City will proceed with the design specifications, right-of-way acquisition and construction.
    Mr. Janku asked if the remaining portion of Garth to Blue Ridge was expected to be constructed at about the same time as this project. Mr. Patterson replied that was correct, but the three projects are funded separately. He reported that Blue Ridge, from Garth to 763, is expected to be constructed next year. Staff intends to combine the two Garth Avenue projects to be constructed at the same time with the phasing to assure continuous access to the area from both ends. Due to the mix of federal funding, the projects cannot be under one contract.
    Steve Kuhlman, 205 S. Garth, spoke as a member of the Bicycle/Pedestrian Commission. After studying the proposal, he said the Commission felt that what is before everyone tonight was the absolute bare minimum that would work for both bicycle and pedestrian traffic. He said it was borderline deficient. For shared bicycle and motorist traffic, Mr. Kuhlman reported that AASHTO (American Association of State Highway and Transportation Officials) recommends no less than 14 feet per lane. However, 14 feet is allowable in areas of excessive grade. He noted a significant grade change in the hill to the north. He pointed out that this project is a very important link in the overall pedestrian and bicycle network. Mr. Kuhlman stated the I-70 crossing is the best because it is underground and links the central city to the north via the Bear Creek Trail, which then links Vanderveen and all the other new subdivisions in that area back to the center city. To improve the aspects of the project, Mr. Kuhlman indicated the Bicycle/Pedestrian Commission recommends an increase in pavement width for the bicyclists, and an 8 foot pedway on the west.
    Chip Cooper, 500 Longfellow, spoke on behalf of the PedNet Coalition. He concurred with the recommendations made by the previous speaker. Mr. Cooper passed out excerpts from the AASHTO Guide for Bicycling. When referring to standards, he explained that this is the book people are referring to. As the project is currently proposed, Mr. Cooper reported it is a great improvement over what exists. He suggested some modification of the interior lane widths on Blue Ridge. He gave as an example narrowing a 12 foot center turn lane down to 10 feet to free up some space to meet the wide curb lane minimums in the AASHTO standards.
    Mr. Janku understood Mr. Cooper to be in agreement with the five feet on the east and the 8 foot pedway on the west. Mr. Cooper thought it was a reasonable solution. He said the street is very steep on the west, so many people will want refuge going up the hill.
    Mr. John asked if he was referring to a wider curb lane and an eight foot wide pedway. Mr. Cooper responded that both would be the most desirable, but the current suggestion is acceptable. He noted the Coalition did not want to advocate a wider bridge because of the cost, but it would be a lot safer to have some additional width.
    Stacey Watson, 2506 N. Garth, explained that a large portion of his front yard will be taken when the street is widened. As it stands now, he said four mature trees will have to be removed. Mr. Watson indicated that he did not have a large back yard, and the five foot sidewalk takes away quite a bit of the front yard. He pointed the sidewalk section from Thurman to Bear Creek will serve only 15 homes. Mr. Watson would gladly support construction of the sidewalk if the street was not widened any further on his property. He complimented the staff from public works for working so hard in trying to accommodate the neighbors in pushing the street to the west side. Mr. Watson reported that there is only one rental property on the west side affected by this project, whereas on the east side six homes will be affected.
    Mr. Janku asked Mr. Watson how close the sidewalk will be to his garage door. Mr. Watkins responded that If a five foot sidewalk is set four feet off the road, it would be 24 to 25 feet from his garage. With the 38 feet width, his yard would only be about 15 feet deep.
    John Clark, 403 N. Ninth, a member of the Bicycle/Pedestrian Commission, reiterated comments made by Steve Kuhlman and Chip Cooper. He was concerned about bicyclists being out of the traffic lane on the steep hill.
    William Woodward, 200A Unity, suggested that the people in the area be given some kind of periodic notice regarding detours when construction begins.
    Greg Ahrens, 1504 Sylvan, a member of the Bicycle/Pedestrian Commission, agreed with the recommendation of the Commission.
    Bill Pauls, 306 Whitetail, President of the Hunter's Gate Neighborhood Association, remarked that residents are looking forward to all three projects. He said whatever is done will be a great improvement.
    Bill Easley, 705 Cook, suggested a sidewalk on only one side of the street.
    Michael Conner, 5 Garth Court, spoke in favor of this long overdue project. Mr. Conner commented on the difficulty he encounters daily when pulling out of Garth Court onto Garth Avenue. He asked that more thought be put into traffic calming.
    Mayor Hindman closed the public hearing.
    Mr. Janku suggested using two feet of the four foot buffer to assist in widening the pedway. He stated the hill is difficult to navigate if one is not an experienced biker. He said most children end up pushing their bikes up the hill. Mr. Janku indicated the project needs to be done in such a way to encourage people to stay on the pedway. He agreed with the recommendation to make it eight feet.
    Mr. Patterson suggested replicating the Forum project. He was afraid if the sidewalk is pushed further west, even with the right-of-way, it will place it in a very steep slope. He indicated retaining walls will have to be installed as the project stands now.
    Mayor Hindman thought that many people tend to not use sidewalks that appear to be part of the street. Mr. Janku said he would like to see a minimum amount of separation between the sidewalk and the street. He thought 2 feet would be adequate.
    Rather than plan the project, Mayor Hindman thought the Council should stipulate an eight foot pedway on the west side, and then let staff design it to those standards.
    Mayor Hindman made the motion that staff be directed to continue with the development of the project plans and specifications incorporating an eight foot pedway on the west side (on the hill portion). The motion was seconded by Mr. Janku.
    Mr. Hutton wondered if the pedway will be a minimum of 8 feet, whether a bike lane will be painted in the street as well. He was told the pedway would take the place of that. Mr. Hutton asked if the width of the street is appropriate without a bike lane, and whether it could be narrowed to make up for the excess used for the pedway. Mr. Janku believed that some bikers would stay on the roadway, regardless of the pedway. He did not think the roadway should be narrowed.
    Regarding traffic calming, Mr. Janku said there is much needed in this area. He said the design of the bulb out would force bicyclists to move toward the center of the street. Mr. Janku noted that the traffic on the west side heading south will be pushed to the west side of the street. He commented that as bicyclists come up the hill on the pedway, they would have to merge with traffic that is being, more or less, directed at them. Mr. Janku was interested in some sort of a traffic calming device on that side so the bikers could be protected. Mr. Patterson understood Mr. Janku's primary concern to properly delineate the pedway so bicyclists are not encountering head-on traffic or being forced to merge with vehicles. He said those considerations could be addressed during the design process.
    Mr. Janku was hopeful the five foot sidewalk to the north will be expanded to the pedway width. He thought it should transition to eight feet again to accommodate the pedway on Blue Ridge. He asked that the design work incorporate that suggestion. Mr. Patterson said that was the intent - to provide for the eight foot pedway to the north. He said that would be part of the next project to the north. Mr. Janku said he did not anticipate the rest of Garth being 30 feet wide.
    The motion, made by Mayor Hindman, seconded by Mr. Janku, was amended to review traffic calming and to take into account the issues about bicycles, was approved unanimously by voice vote.

(B)     Voluntary annexation of property located on the west side of Old Village Road, approximately 900 feet
          north State Route K.
    Item B was read by the Clerk.
    Mr. Beck noted that this request involves a tract containing 2.3 acres. The applicants are requesting connection to City sanitary sewer. The property owners have informally indicated their preference for R-1 permanent zoning.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing and noted that no action is required at this time.

(C)     Voluntary annexation of property located on the northeast and northwest corners of the intersection of
          West Old Plank Road and Hickam Drive.
    Item C was read by the Clerk.
    Mr. Beck noted that this request is similar to the previous item. This tract contains 4.8 acres with a single family residence on it. These applicants are also requesting a connection to City sewer.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing and stated that no action was required at this time.

B32-02     Voluntary annexation of property located on the south side of State Route K, approximately 350 feet
                 east of the intersection of State Route K, and Old Village Road.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that R-1 zoning will be requested for this one acre tract. Again, the applicants are wanting to connect to the City sewer system.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B32-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B34-02     Approving the Grantwood Village PUD Site Plan.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained that the site plan shows 40-units; 10 buildings with four units per building. It has a development density of 5.9 dwelling units per acre, wherein a PUD-8 zone would allow eight units per acre. Mr. Dudark reported access to the development will be from the north, Spiros Drive, which extends off of Lillian Drive and connects to Route PP or Ballenger Lane. The plan is in conformance with the applicant's statement of intent which was approved in 1999 when the property was zoned PUD-8. Mr. Dudark noted a parking plan of four spaces per dwelling unit, which exceeds the City's minimum requirement. In addition, 37% of the site will be left in open space, more than twice the City's minimum requirement. Mr. Dudark displayed the layout of the project showing Spiros Drive terminating in a cul-de-sac and three entrances off the drive into parking areas.
    Mr. Dudark reported the Planning and Zoning Commission held a public hearing on January 24th of this year at which time they voted 4-3 to approve the plan. Of particular concern was access into the property, which is essentially one street. The preliminary plat, which was approved earlier, showed the cul-de-sac serving the area. He noted the plan does meet the requirement of not more than 100 dwellings units for one access. In addition to the 40 units on the south side of the tract, Mr. Dudark said there are 11 single-family homes on the north side, totaling about 51 dwelling units that would have access to the cul-de-sac.
    Mr. Dudark displayed a slide of the preliminary plat showing a future street coming off of Lillian Drive to the south connecting to Clark Lane. The intent of this street is to provide an alternate access to Ballenger Lane. He pointed out the street is not built yet, but would be when the areas to the east and south are developed.
    Bruce Beckett, an attorney with offices at 901 E. Broadway, spoke on behalf of the proponents of the plan, Jim Beck and John Welek. He reported that the plan now consists of 55% green space and in every way and by every standard has exceeded the requirements placed on it. At the Planning and Zoning Commission hearing, Mr. Beckett stated the Commission wondered whether an additional access point should be extended to Route PP. He presented a letter from MoDOT in which they have denied the request for the connection. In addition, MoDOT indicated the proper access point to the development is through Lillian Drive.
    With respect to the cul-de-sac, Mr. Beckett pointed out that City subdivision regulations encourage the construction of cul-de-sacs. He noted that the Council approved a preliminary plat showing the cul-de-sac for this development in December. It appeared to Mr. Beckett that the proponents have a legal right to have this plan approved.
    Mr. Beckett reported that Spiros Drive was stubbed off to this property many years ago when the Thessalia Subdivision to the north was platted. The stub would connect to 45 acres of undeveloped land. He pointed out that now the stub is only going to serve 10½ acres rather than the 45 if this PUD tract is developed along with the property that lies to the south owned by Mr. Godas.
    Mr. Beckett expected to hear comments about traffic coming out from this development onto Spiros Drive and around a lot at the southeast corner of Rt. PP and Lillian Drive. He explained the lot is surrounded on three sides by streets and has been since the Thessalia Subdivision was first subdivided. He said it has always been anticipated that traffic is going to come from the south, go around the lot onto Lillian Drive and then south or north on Route PP. Mr. Beckett urged the Council to keep that in mind.
    Mr. Hutton asked if the 11 R-1 lots, not part of this plan, will be built and sold as single family houses. Mr. Beckett explained that Mr. Beck and Mr. Welek will buy them as part of this overall property purchase. He confirmed the lots will be developed with single family residences and Mr. Beck and Mr. Welek intend to continue to own them and lease them.
    Larry Pitts, 1611 Spiros Drive, explained that he owns the house that Mr. Beckett mentioned. When he bought his house, the developer told him he owned the property which is the subject of this approval and that it was zoned R-1. It was not until a week before the Planning and Zoning Commission meeting that he received a letter indicating the tract is zoned PUD-8. Mr. Pitts noted that the traffic generated by the 40 PUD units, roughly 160 cars, will exit on Spiros Drive. The eleven houses could generate quite a bit more traffic onto the same street. He said there are other properties that were not mentioned that will also create traffic. Mr. Pitts believed it would total 87 rental houses plus the 40 apartments. He thought it would be ludicrous to expect the people living on the south side of Thessalia to go north to Meadowbrook to exit onto Route PP and then come south. Mr. Pitts was not asking the Council to defeat the development, but residents thought there should be a second entrance built instead of a cul-de-sac. This entrance could be constructed to the southeast and eventually connect to Clark Lane. He noted that Mr. Godas has another duplex development in this area that exits on to Clark Lane. Mr. Pitts saw the potential for 200 cars to be coming out in front of his home.
    Alicia Cunningham, explained that she lives on Melissa Drive at the very end of Spiros Drive. She noted that there are no sidewalks along Route PP and the sidewalks constructed along the cul-de-sac will not lead to anything. Ms. Cunningham commented that residents tried to set up a meeting with Mr. Beck and Mr. Welek, but could not get it done for several reasons. Although, Mr. Beck and Mr. Welek had offered their phone number in case anyone had questions to ask them. Ms. Cunningham indicated most residents she has heard from want a second access point constructed. She wondered why the developers could not get an easement from Mr. Godas for the entrance.
    Bill Crockett, an engineer with offices at 2608 N. Stadium, said he personally made a house count of the Thessalia Subdivision last week, and he came up with 66 houses being constructed within the subdivision. He noted there are additional platted lots which are still vacant. He said there are not 85 houses in the subdivision. In regards to the sidewalks, Mr. Crockett reported it is a City requirement to construct such. He commented there are walks in the Thessalia Subdivision as well, but agreed they lead nowhere. Mr. Crockett spoke about the accident counts for Lillian Drive, Orchard Drive, and Rice Road for the past three years. He reported there have been a total of five accidents in this area, with one of them not relating at all to the configuration of the intersection. Mr. Crockett also obtained traffic counts for the Lillian Drive/Route PP intersection during peak morning and evening hours. The count determined that less than 30 vehicles at any one time were exiting from the subdivision, and only three or four were going in, or vice versa, depending upon whether it was morning or evening. Mr. Crockett pointed out that there is more than one entrance into the Thessalia Subdivision (Osage connects to Orchard Lane and then goes back to Route PP). In addition, Osage extends north to Rice Road which also connects to Route PP. Mr. Crockett reminded the Council of the City requirement wherein one entrance is permissible for 100 residential units. The second entrance is required when the number tops 100, but multiple entrances are not needed in the 100 after that, i.e., two entrances would suffice for three hundred residential units.
    Mr. Janku asked Mr. Crockett why his clients preferred a cul-de-sac as opposed to an extension toward the south. Mr. Crockett replied that it is at an extremely steep grade that would drop off down the hill -- a 12-14% grade to negotiate the hill to the south with no assurances it would go anywhere except loop back to Lillian. He noted the preliminary plat commits to an additional street, and it would be constructed when the areas to the east and south are developed.
    Mr. Hutton commented that there are several factors about this development that are favorable: the 55% green space and the 5.9 units per acre as opposed to the permissible eight; but he personally believed those are nullified by the cul-de-sac issue. He did not agree that there is more than one access point to the subdivision because someone would have to go quite a distance north, then back south, to get out. Mr. Hutton thought a major blunder had been made when the Council approved the preliminary plat with the cul-de-sac. He spoke about the traffic issues which he also perceived to be problematic. Mr. Hutton could not support this plan because he thought the preliminary plat should not have been approved.
    Mr. Coffman agreed with Mr. Hutton in that the development needs another access point.
    Mayor Hindman asked about the legal issues if the Council defeats the plan. Mr. Boeckmann reminded the Council that the preliminary plat identified a cul-de-sac and they had approved it. He outlined the legal ramifications of defeating the plan because of the cul-de-sac issue. Mr. Boeckmann spoke about the policy that permits one entrance for subdivisions of up to 100 units and the encouragement of cul-de-sacs. In summary, he said the final plat and the PUD plan are in conformance with the preliminary plat. Legally, Mr. Boeckmann did not think defeating either bill would be the correct thing to do.
    Mr. Dudark discussed the variance request to the requirement that there not be any paving in the 25 foot buffer strip along the perimeter of the PUD. He explained that there are five parking spaces that extend into the 25 foot buffer. Mr. Dudark stated the Commission is recommending that the request be denied. The ordinance, as written, would allow the variance. Mr. Janku noted that the encroachment will be into a buffer that is owned by the applicants. Arguably, there would be no purpose to defeat the variance.
    Mr. John pointed out that if the single family homes owned by the applicants are rented to students, City ordinances require that only three unrelated people may reside in them. Regarding the cul-de-sac, he stated whether or not a mistake was made when the Council approved the preliminary plat, and whether the slope would allow the cul-de-sac to be continued onto Lillian Drive, it would not be to City standards.
    B34-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, LOVELESS, JOHN, HINDMAN, CRAYTON. VOTING NO: HUTTON, COFFMAN. Bill declared enacted, reading as follows:

B35-02     Approving the final plat of Grantwood Village.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this would create 16 lots with eleven being R-1 and five being PUD-8.
    Larry Pitts, 1611 Spiros, reiterated his comments made during the discussion of the previous bill.
    B35-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, LOVELESS, JOHN, HINDMAN, CRAYTON. VOTING NO: HUTTON, COFFMAN. Bill declared enacted, reading as follows:

B44-02     Authorizing a membership application and an agreement with MidWest Independent Transmission
                 System Operator, Inc.; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Malon explained this as an outgrowth of action taken by the federal government to open the wholesale power market to competition. He said it will not work unless there is open access to transmission facilities and high voltage lines that crisscross the country. He reported that MISO has made the necessary filings at the Federal Energy Regulatory Commission and has begun providing security coordinator functions. The local area reliability organization is turning over all of its operations functions to MISO and, as a result, Columbia will need to join MISO in order to obtain those functions as required by the North American Electric Reliability Council. Mr. Malon indicated the advantage to this is that the City will also have access to the transmission system. He remarked that staff will be taking proposals for power purchases for the period of 2004 to 2010. Mr. Malon stated this will afford the opportunity to look at proposals from more than just nearby entities. He noted the Water and Light Board has discussed this issue and recommends approval.
    William Woodward, 200A Unity, believed this one entity would set the market price.
    Mr. Coffman described the MISO as being like the New York Stock Exchange. He said they are an independent organization who control transactions going both ways -- people buying and selling wholesale power. He commented it should allow the market to be more efficient and, hopefully, benefit everyone with better opportunities to buy and sell wholesale power.
    Mr. Hutton asked if MISO's responsibilities go any further if they fail to do a good job organizing this transmission, and whether the City has any recourse if a mistake is made. Because Columbia is a municipal utility, Mr. Malon replied MISO has an obligation to accommodate us. He related it is an annual contract, so each year the City would have the option to get out. Unfortunately, if the City did not renew the contract, we would have to find another entity to provide these services for us and the only one staff has been able to find is MISO. Mr. Malon stated we could prevent them from administrating our system, but would probably still have to pay them to do the security coordinator work. Mr. Coffman assumed the City would have recourse with the Federal Energy Regulatory Commission if it was perceived that the City had been wronged by them in some way.
    B44-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSTAINING: COFFMAN. Bill declared enacted, reading as follows:

    The following bills were given second reading and the resolutions were read by the Clerk.

B36-02     Approving the replat of Lot 16 of Country Club Villas.
B37-02     Vacating street right-of-way and easements within Bluff Creek Office Park, Plat 4-C.
B38-02     Approving the final plat of Bluff Creek Office Park, Plat 4-D, a replat of part of Bluff Creek Office
                 Park, Plat 4-C.
B40-02     Authorizing Change Orders No. 1 and 2; approving the engineer's final report for the rehabilitation of
                 the airfield lighting control system at Columbia Regional Airport.
B41-02     Confirming the contract of C.L. Richardson Construction Company, Inc. for the construction of the
                 American legion Post No. 202 Sanitary Sewer Project.
B42-02     Authorizing acquisition of land necessary for construction of an access to the Bear Creek Trail.
B43-02     Accepting easements for water main purposes.
R35-02     Setting a public hearing: special assessments against property benefitted by improvements made to
                 Sanitary Sewer District No. 152 (Spring Valley Road and West Broadway).
R36-02     Setting a public hearing: special assessments against property benefitted by the 2000 Street
                 Maintenance Project.
R37-02     Setting a public hearing: construction of water mains along El Dorado Drive and Riviera Drive from
                 El Dorado Drive northwardly then eastwardly to Langham Drive.
R38-02     Setting a public hearing: construction of water main along Third Avenue from Garth Avenue to
                 Providence Road.
R39-02     Setting a public hearing: construction of a water main along Broadway east of Fairview Road and along
                 Heather Lane from Broadway to Ash Street.
R40-02     Setting a public hearing: construction of water main serving Vanderveen Crossing, Plat 7.
R41-02     Setting a public hearing: proposed Master Plan for the development of Stephens Lake Park.
R42-02     Authorizing amendments to agreements to extend contract period for the 2001 Emergency Shelter
                 Grant Program.

    The bills were given third reading and the resolutions were read with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bills declared enacted and resolutions declared adopted, reading as follows:

R43-02     Re-establishing and modifying the guidelines of the Homeownership Assistance Program.
    The resolution was read by the Clerk.
    Mr. Beck noted that the Planning staff had put together some changes to the program for Council consideration.
    Mr. Coffman inquired as to why staff feels it necessary to restrict employees who have owned property within the eligible areas within the last five years from the program, and why an employee cannot take advantage of other homebuyer assistance programs sponsored by the City. He thought the City would want to retain people in a neighborhood even if they are buying a different house within the same neighborhood. If they can get the assistance, they might stay in the neighborhood rather than moving out of it. Mr. Janku agreed.
    Mr. Dudark responded it was simply a question of whether or not the Council wanted to pay an employee to move from one side of the street to the other, or perhaps to move one block over. He said that would not be bringing another person into the central city, but it was up to the Council as to how they want to regulate the program. Mr. John said it could be that one would want to move up within the area. He did not think the Council wanted to encourage an employee to move out of the area in order to do that. Mr. John suggested this condition be deleted from the bill.
    Mr. John was concerned about the stipulation of an employee not being able to take advantage of other homeowner assistance programs sponsored by the City. He believed the City should encourage an employee to take advantage of every program they could.
    In looking at the map, Mr. John thought some eligible areas have been included where no assistance is needed. He suggested that the map be redrawn, particularly on the east side. He indicated that could be amended at a later date.
    Mr. John made the motion to amend R43-02 by deleting subsections D and E from Section 2. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    The vote on R43-02, as amended, was recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R45-02     Authorizing an agreement with Dan Hagan for lease of parking spaces at Providence and Broadway.
    The resolution was read by the Clerk.
    Mr. Beck explained that this would provide parking for the Water and Light staff who would work in the leased building on East Walnut Street.
    The vote on R45-02 was recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON. 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:

PR47-02   Establishing policies for the Percent for Art Program.
B45-02     Calling for bids for the construction of a pedestrian bridge over Business Loop 70 along the east side
                 of Paris Road.
B46-02     Calling for bids for the Annual Sidewalk Project.
B47-02     Authorizing an agreement with Crockett Engineering Consultants for engineering work related to the
                 storm water detention facility on the Merideth Branch; appropriating funds.
B48-02     Authorizing the acquisition of property necessary for construction of the Forum Boulevard extension
                 and roundabout at the intersection of Forum Boulevard and Southampton Drive.
B49-02     Approving the engineer's final report; levying special assessments for improvements made to Sanitary
                 Sewer District No. 152; appropriating funds.
B50-02     Approving the engineer's final report; levying special assessments for property benefitted by the 2000
                 Street Maintenance Project.
B51-02     Appropriating FTA grant funds for the painting of two new paratransit vehicles.
B52-02     Accepting easements for drainage, road, sewer, sidewalk, utility and storm water purposes.
B53-02     Authorizing Change Order No. One; approving the engineer's final report for traffic signal
                 improvements at Smiley Lane and State Route 763.
B54-02     Confirming the contract of Aplex, Inc. for the construction of Spruce Drive Project.
B55-02     Confirming the contract of Freesen, Inc. for the construction of Cell #3 at Columbia Sanitary Landfill.
B56-02     Confirming the contract of Garney Companies, Inc. for construction of the Upper Hinkson Creek
                 Outfall Relief Sanitary Sewer Project.
B57-02     Authorizing construction of water mains along El Dorado Drive and Riviera Drive from El Dorado
                 Drive northwardly then eastwardly to Langham Drive.
B58-02     Authorizing construction of water main along Third Avenue from Garth Avenue to Providence Road.
B59-02     Authorizing construction of a water main along Broadway east of Fairview Road and along Heather
                 Lane from Broadway to Ash Street; appropriating funds.
B60-02     Authorizing construction of water main serving Vanderveen Crossing, Plat 7.
B61-02     Confirming the bid of Professional Contractors & Engineers, Inc. for construction of an addition to the
                 South Pump Station Reservoir.
B62-02     Voluntary annexation of property located on the west side of Old Village Road, approximately 900 feet
                 north of State Route K.
B63-02     Voluntary annexation of property located on the northeast and northwest corners of the intersection of
                 West Old Plank Road and Hickam Drive.
B64-02     Rezoning property located east of the northern terminus of Hanover Boulevard from A-1 to R-1.
B65-02     Rezoning property located between Rock Quarry Road and Old 63, approximately 1,300 feet north of
                 the New State Route AC extension from R-2 and R-3 to R-1.
B66-02     Rezoning property located on the north side of Vandiver Drive, approximately 1,500 feet west of Parker
                 Street from RMH and C-1 to C-P.
B67-02     Rezoning various tracts of property located within proposed Auburn Hills Subdivision, northeast of the
                 intersection of Rangeline Street and Brown School Road, extended.
B68-02     Establishing R-1 zoning on property located on the west side of Warren Drive, approximately 2,400
                 feet north of New Haven Road.
B69-02     Authorizing acquisition of land for development of Smith Neighborhood Park.
B70-02     Appropriating funds for Share the Light Program.
B71-02     Adopting the Boone County/City of Columbia Emergency Operations Plan.

(A)     Intra-departmental Transfer of Funds.
    Report accepted.

(B)     Report and Recommendation on the R.W. Beck Wholesale Power Report.
    Mr. Malon explained that R.W. Beck was contracted to review the City's future power supply needs to identify types and quantities of resources we will need in the near future to maintain a reliable and economical power supply. He explained Beck's recommendations. He said they feel, because the market for power has become very soft, it appears we could enter into a contract for a term of purchase from 2004 to 2010 at less cost than it would be if we were to do actual unit participation. If the City becomes involved in the participation agreements, they thought we would see an increase in operating costs of between 5-12% for 2004 and 2005. Mr. Malon stated that staff agrees the proper approach at this point would be to seek a request for proposals for power purchase rather than to look at participation at any particular plant that is currently available, unless a proposal is submitted that is too good to pass up. He noted the City could renew the Ameren contract if they offer a good proposal.
    Mr. Janku asked if a contract for green power would be a separate item. Mr. Malon said it would be, and staff plans to bring something back on that issue.
    There was an ensuing discussion relating to biomass. Mr. Coffman is hopeful the City will have a more balanced portfolio that includes less fossil fuels and more renewable power sources.
    Mr. Janku made the motion that the City Manager and staff be authorized to negotiate an agreement with R. W. Beck to develop and distribute and RFP for 80 to 125 Mw of wholesale resources for the period 2004 through 2010, and to assist in evaluating the proposals. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.

(C)     Landscaping Regulations and Car Dealerships.
    Mayor Hindman said although he understands the concerns of the car dealers, he thought there were alternatives to landscaping these lots. He said there is a huge difference of what car dealerships can do with their lots as opposed to other lots, and what they are required to do as far as landscaping is concerned.
    Mayor Hindman made the motion that the issue be referred to the Planning and Zoning Commission for research, review and recommendation back to the Council. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

(D)     R.T.W. Addition and Route PP Improvement Agreement.
    Mr. Beck explained that Public Works has been in contact with the Highway Department regarding the latest design information on changes to Route PP where a street entrance is planned on the west side. The estimated cost for the improvement has escalated from $60,000 to $105,000. He explained staff's suggestion that the overall project be deferred and that the City consent to MoDOT issuing the permit.
    Mayor Hindman asked how big of a problem this was and whether the City should ignore it. Mr. Hutton wondered about the development of the subdivision. Mr. Patterson indicated the developer has not been issued any permits until this issue is resolved. He acknowledged that it is not right to hold up the developer for something that is no fault of his. Mr. Patterson reported the developer is still willing to leave the $15,000 toward the project, but the agreement would have to be amended. If the sight distance was beyond the standards allowed by the Department of Transportation, the developer would not receive a permit at all. Mr. Patterson stated it is a restricted sight distance, but certainly no worse than what exists currently because the connection will line up with Aztec. He said a new problem will not be created. Mr. Patterson thought the improvement to the intersection to be necessary, but the project exceeds the available funding. Also, staff believed there is some responsibility on the part of MoDOT to assist in the improvements. Mr. Patterson indicated staff would like to pursue further appeals to get MoDOT to invest some funding in this project. He pointed out that Aztec Drive creates an unsafe condition.
    Mr. Hutton asked if this would displace anything. Mr. Patterson said it would not displace any structures or anything of that nature, but there would be some utility relocation and grade changes to improve the sight distance. He said the extent of the project is expanding beyond what was anticipated by the Highway Department. The engineer for the developer had the original estimate based on what they understood the standards to be. Mr. Patterson reported the developer has been negotiating with the State for a year now trying to get the plans approved. If the intersection and that section of Route PP is reconfigured, Mr. Hutton asked if it was normal practice to rebuild it as is (20 feet wide, no shoulder pavement). Mr. Patterson said that was correct -- the estimate is on replacing the standard to what it is now with improved sight distances.
    Based on the history of state funding, Mr. Hutton asked if it was realistic to expect MoDOT to assist in funding any of the project. Mr. Patterson was not sure, but thought the only chance would be with safety money if the City can demonstrate the need. On a small project like this, he said there was the possibility of force account.
    Mr. Hutton asked Mr. Patterson if he understood he was not concerned about the safety aspect that this development would create because of the much larger subdivision that exists to the east of this intersection. Mr. Patterson believed there to be only 25 houses in that particular subdivision. He remarked the problem they are looking at is the potential for that subdivision to be developed beyond the 25 homes.
    Mr. Hutton made the motion that staff to be directed to proceed as described. The motion was seconded by Mr. John and approved unanimously by voice vote.

    Upon receiving the majority vote of the Council, the following individuals were appointed to the following Board and Commissions:

Lee, Janet M., 4307 Sussex, Ward 4 - term to expire 3/1/05

Camp, Amy E., 1308 Willowcreek, Ward 5 - term to expire 12/31/02

Campbell-Carter, Dee, 114 Pinewood Dr. 1 - term to expire 3/1/05
Finke, David H., 1106 Maplewood, Ward 4 - term to expire 3/1/05
Morganfield, Lawrence, 2316 Parker #8, Ward 2 - term to expire 3/1/05

    Mr. Coffman understood that the Planning and Zoning Commission will have a work session on Thursday to discuss a master plan for the Rock Quarry Road/Grindstone area. He thought the Council was negligent in not asking them to do something sooner.
    Mr. Coffman made the motion that the Planning and Zoning Commission look into a master plan for the Rock Quarry Road/Grindstone area that would provide more guidance to the development of the area, and also look into whatever transportation issues might be important. The motion was seconded by Mr. Janku.
    Mayor Hindman asked if by transportation issues he was including an idea of what Rock Quarry Road should be. Mr. Coffman responded that he was referring to whatever roads to the north, south, east or west that should be included. He wanted a process that involved a broader scope than what they see on a case by case basis. Mayor Hindman agreed, but he would like it to include Rock Quarry Road itself. He said if they established a position on Rock Quarry, the developers would know what was going to happen there.
    Mr. Hutton asked at what point would the plan have any weight to it. He pointed out the City already has land use planning and the major transportation plan. Mayor Hindman thought it would be more of a subset of the major transportation plan than anything else.
    Mr. Coffman commented that he is perturbed that the City has separate plans for transportation and land use issues because they affect each other. He thought it was appropriate to have one process that looks at both and how they interrelate.
    Mr. John disagreed in that these might be separate plans as they are never prepared in isolation of each other. He said most land use plans are done as overlays and they come as a set. Mr. Coffman agreed that they are interrelated.
    The motion made by Mr. Coffman, seconded by Mr. Janku, was approved unanimously by voice vote.
    Regarding the motion made at the last meeting regarding undergrounding existing power lines, Mr. Janku reiterated that part of the motion was to develop a policy dealing with new construction and to review policies developed in other areas, similar to developers sharing costs with the construction of collector streets or the City's payment of differential costs for water lines. He said some developers are not interested in undergrounding because they are unsure of how the adjacent properties might be developed. Mr. Janku believed the Council should establish policies to deal with expanding the type of undergrounding that is required for new construction.
    Mr. Janku noted that Council comment portion of the meeting is the one time during the meeting where they can formally initiate policy and use their role as Council members to make City policy changes. He suggested that the Council think about restructuring that portion of the meeting.
    Mayor Hindman noted large power poles being put up in front of the new recreation center. He asked that it be looked into.
    Mayor Hindman stated that he had received a favorable response regarding the undergrounding issue he brought up at the last meeting. He immediately received a call from the developers who are building the industrial-type buildings on Brown Station Road. Mayor Hindman had been told they installed some very nice landscaping and used better materials on the outside of the buildings to enhance their appearance, and now, where there have never been any before, the City is putting up big power poles in front of this development. Mr. Hutton said he had already asked about that situation and was told they are major feeder lines and that it would be too expensive to put them underground. Mayor Hindman suggested that staff find out how expensive it would be.
    Mr. Beck reported that he had checked on the Recreation Center situation and those are telephone company poles. He indicated the City shares the pole with them and they are changing out the feeder line.
    Mr. Beck explained that if the City is going to become involved in undergrounding, all the utility companies would have to be included as well. He remarked these companies do not have money budgeted for such a project. Mr. Beck noted when the downtown lines were undergrounded, all the utility businesses were involved because they had to change their capital improvement plans. He said it was phased in within a period of four to five years for that reason.
    Mr. Malon noted he would be sending a report to the Council on this issue. He said to underground all the City overhead power lines would cost approximately $130 million. He indicated it could not be more than a 30 year project because the cable will not last much longer than that before being due for replacement. Mr. Malon pointed out that the City does not have the right to force anyone else to go underground. And because of this, the City's involvement in such a project may not completely eliminate any poles and wires. He reported there have been several instances where the phone company has declined to participate in projects of this type.
    The meeting adjourned at 11:55 p.m.

                                                                                                Respectfully submitted,

                                                                                                Penny St. Romaine
                                                                                                City Clerk