JANUARY 7, 2002

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

    The minutes of the regular meeting of December 17, 2001, were approved unanimously by voice vote on a motion made by Mr. John and a second by Ms. Crayton.

    Mayor Hindman noted that R8-02 would be removed from the Consent Agenda and placed under New Business.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Loveless and a second by Mr. John.



B397-01     Authorizing an interconnection agreement with Boone County Regional Sewer District; appropriating
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this agreement will provide wastewater treatment for subdivisions south of the City and will eliminate four treatment facilities.
    Mr. Patterson summarized this joint project to construct the Walnut Brook Subdivision and Old Plank Subdivision interceptor sewers between the City and Boone County Regional Sewer District. The City sewer utility will construct the sanitary sewer to the 80-acre point, and the District will be responsible for the remainder of the project. Mr. Patterson indicated the City's portion of the project is approximately $250,000. He explained that customer service and base issues are identified in the agreement and are consistent with previous agreements between the City and the District.
    Mr. John asked whether vacant lots that have already been platted and have sewer lines stubbed to them would be included in the Sewer District. Mr. Patterson replied that lots in a platted subdivision currently served by a centralized collection system would remain Sewer District customers. Anything beyond those subdivisions would become City customers.
    Mr. Janku asked whether those property owners would have to sign a pre-annexation agreement. Mr. Patterson said they would not. He explained that with approval of this agreement tonight, the City Council has waived the requirement for pre-annexation agreements. He noted that anyone not in the service district would be subject to annexation agreements.
    Mr. Hutton asked if pre-annexation agreements only apply to properties outside Boone County Regional Sewer District areas. Mr. Patterson replied the policy is applicable to every property outside the City. It is by approval of these specific agreements with the District that the City actually waives that requirement. Any other area not associated with a contract with the Sewer District is more typically subject to the pre-annexation agreement.
    Mr. Boeckmann concurred. He explained that the ordinance before the Council specifically provides that the pre-annexation agreement requirement is waived. Mr. Boeckmann reported there is a policy resolution in place that indicates the Council "may" waive the pre-annexation requirement. As a practical matter in this case, he indicated that all the property owners in this area would probably not sign an annexation agreement.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Janku said in the situation where there is a significant part of a development that is built upon, the City may want to require pre-annexation agreements for the lots that are not built upon.
    Mr. Hutton asked about the capacity of the treatment facility. Mr. Patterson said the capacity is always going to be subject to what is added to it, but the areas included in the agreement before the Council tonight were included in the last plant capacity analysis. With completion of Wetland Cell #4, he estimated the next expansion would have to occur in 2008 or 2009. The amount of flows for small developments are not likely to accelerate the capacity as much as it would with another major user such as Columbia Foods.
    B397-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B399-01     Authorizing construction of water main serving Timberlake Subdivision, Plats 2 and 3 and payment
                   of differential costs.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that an eight-inch line versus a six-inch line will be built by the subdivider along Timber Lane in Timberlake Subdivision. The project's estimated cost of $1763 will be paid from Water and Light funds.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B399-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B406-01     Approving a revision to the C-P/O-P Plan of Village Square.
    The bill was given second reading by the Clerk.
    Mr. Dudark displayed the site development plan on the overhead and briefly described what had been presented to the Planning and Zoning Commission. The Commission's recommendation is for approval of the request subject to some conditions. He stated that the amendment to the plan involves four issues.
    Mr. Dudark described the first issue in regards to Club Village Drive with access off of Nifong and bisects the development. The plan approved by the Council showed that roadway being 44 feet wide. He noted Club Village Drive was actually constructed at a width of 38 feet. Following discussions between the design engineer and engineering office, Mr. Dudark said the 38 foot street is in the revised plan.
    Mr. Dudark indicated the second issue relates to traffic calming devices, speed humps and raised crosswalks. He stated these were shown on the original plan but have not been installed. The new proposal calls for a warrant study after more development occurs in the area to determine whether traffic calming devices and pedestrian crosswalks are needed based on patterns of pedestrian movement. The request is to post a $12,000 letter of credit for five years that would provide a financial guarantee that should a warrant study be met, the money would be in place.
    Mr. Dudark reviewed the third issue pertaining to medians on Nifong Boulevard. The plan approved by the Council depicted a landscaped median. However, the median has been constructed as solid concrete and the proposal is to retrofit it with an elevated planting bed, about two feet high, with xeroscape plants.
    Mr. Durdark reported the last issue involves a pedestrian sidewalk on Forum Boulevard. The request is to install a ten foot wide pedestrian sidewalk access at the north property line so cyclists could exit out of the street into the off-street pedway. This would take the cyclists to the intersection where they could cross and hook up with an existing six foot sidewalk that has already been constructed along Forum between the new Walgreens building and the street.
    Mr. Loveless asked if the Class II bike lane would be re-striped south of the entrance into Club Village Drive. Mr. Dudark believed there to be no striping past the intersection. Mr. Loveless wondered why the sidewalk was narrowed from ten to six feet as it continues south past Club Village Drive. Mr. Dudark thought this amendment to the plan is being suggested because the walk had already been constructed. He said the question is whether that is adequate in the current width.
    Mr. Loveless pointed out that the plan did not show a ten foot pedway going all of the way to the north property line. Mr. Dudark felt the intent was to go the full distance as practical on the lot, but then exit to the curb so that someone from the street would have access to the pedway.
    Mr. Hutton asked if there had been a ten foot sidewalk in the original C-P plan. Mr. Dudark did not think there was. Mr. Hutton asked why it was a point of discussion at this time. Mr. Dudark explained that it came up during the discussion of the previously described issues. Mr. Hutton asked then if this was an issue originated by staff, since the project has come back up, in an effort to fix the situation. Mr. Dudark believed that to be a good characterization.
    Referring to Mr. VanMatre's letter of January 3rd relating to traffic calming, Mr. Hutton wondered when Village Square Drive was redesigned which caused the traffic calming device to be changed. Mr. Dudark explained that the design engineer that was on the original project is no longer with the firm. His description of it was that this engineer met with some City folks and they worked out a change in the street design. Mr. Patterson explained what he thought Mr. VanMatre meant by redesign. He said at one time there was a large circle being planned as part of the development, but he did not believe there had been any major changes to it from what the Council approved. He said staff had asked the same thing...what has changed that would warrant removal of the traffic calming devices they felt necessary at the time. Mr. Hutton asked if there are some traffic calming devices on the street. Mr. Dudark explained where the painted crosswalks are located.
    Mr. John asked how much of Club Village Drive was narrowed from 44 feet to 38 feet. Mr. Dudark thought it was probably 200 feet. Mr. John inquired as to whether it was a commercial grade street at commercial thickness. Mr. Patterson replied that it was built at local non-residential thickness, the same as a collector, which is thicker than a residential street.
    Mayor Hindman opened the public hearing.
    Craig VanMatre, an attorney with offices at 1103 E. Broadway, spoke on behalf of the applicant. He summarized his letter detailing the reasons for the changes. He also noted that the Walgreens store is scheduled to open on February 15. He said this has to happen in order to meet the contract terms. Their fear was that if any changes are required on the lot, that it could possibly jeopardize Walgreens' opening on the 15th and impose monetary penalties. Mr. VanMatre did not think the applicant was asking for anything that would result in the lack of safety or the deterioration in the desirability of the project.
    Mr. Janku noted that it has been almost three years since this plan was approved and there has yet to be a building completed on the site. He asked how soon the rest of the development would be built out. Mr. VanMatre believed one lot has been sold for a restaurant and that construction is supposed to start this spring. A bank and another business are also interested in buying lots. He thought within the next three years most of the lots will be developed.
    Mr. John asked if Mr. VanMatre's client still has control of the lot on which they are proposing to build the 10 foot sidewalk. Mr. VanMatre indicated that was correct.
    Mr. Janku questioned whether it would be known if traffic calming would be warranted in five years based on the rate of development. Mr. VanMatre indicated that could be negotiated.
    A design drawing of the planter was passed around at Mr. Hutton's request. Mr. John asked why the median is so small that it cannot have a planter on it.
    Brian Harrington, Allstate Consultants, said he believed the original median had been shown at 3 feet in width. The reason for the change was for a channelization affect. He said it began as a 3 foot constant width median and that after discussions with the staff and the design engineer at the time, he believed it was switched to a channelizing median in order to protect the left turn pocket.
    Mr. John asked Mr. Harrington if he knew how much of the street was supposed to have been at 44 feet. Mr. Harrington believed Mr. Dudark had been correct at the approximate 200 feet figure. Mr. John asked if the right-of-ways were kept at the same distance. Mr. Harrington believed the right-of-ways to be the same in both cases.
    Mayor Hindman closed the public hearing.
    Mayor Hindman commented that this is a high quality development with a good engineering firm working on the project. He noted that approval to proceed with such was a very hard-fought campaign with a large part of the neighborhood being very unhappy that the development was approved. Mayor Hindman said the Council approved the development with certain expectations. While he did not think the street width was a big problem, he believed the neighborhood had certain expectations with respect to aesthetics. In addition, the speed tables and crosswalks were part of the deal, this was supposed to be a neighborhood, super friendly development. He understood the argument that at this time it is not known where the devices should be located, but Mayor Hindman did not understand the argument about delaying the installation of such to see if they are even warranted -- a concept he totally opposes. Mayor Hindman noted this situation is exactly why the City encounters resistance to commercial developments in neighborhoods. Although he credited the developer for taking on the problem of the ten foot sidewalk.
    Mr. John did not believe that bicyclists would want to share sidewalks with pedestrians. He noted the original proposal was presented as a walkable village neighborhood development. That was the selling point to the Council. Mr. John suggested that the developer could use the money that was saved by not paving Club Village Drive to the correct width, as well as the money saved on landscaping and the traffic calming devices to rebuild Forum Boulevard to include bicycle and turning lanes. He suggested that either the developer put in the traffic calming devices as required or figure out what the value is for not doing the rest of the work and put it towards rebuilding Forum.
    Mr. Loveless expressed concern that the proposed 3 foot high concrete barrier in the middle of Nifong Boulevard would be hazardous to motorists. He would rather see it torn out and replaced with the correct median.
    Mr. Patterson said staff would be the first to admit that the modifications from the original plan should never have been approved. He remarked those changes were authorized by someone who did not have the authority to do so and mistakes were made. He explained staff tried to come up with accommodations in the current proposal to recognize those areas of responsibility.
    Mr. Patterson stated that staff has concerns about raised items on medians in traffic ways. Staff believes that in regards to Club Village Drive not being built to the correct width is one of the least critical concerns. He agreed that traffic calming devices were expected to be included as part of the project to prevent cut-through traffic, although this was not something staff had determined was necessary at the time the original plan was presented for approval. In regards to Forum, Mr. Patterson said that too was an item approved at the time when a lot of accommodations were being made (at the last minute) and amenities being added. He noted the impact of the island and bicycle lanes were not determined until after installed. He agreed that this should be corrected as part of the development. Mr. Patterson reported the preferred solution would be the widening of Forum to accommodate both bicycle and traffic lanes. But, he commented that staff has tried to accommodate the developer with the opportunity to present the 10 foot pedestrian way.
    If the island on Forum did not exist, Mr. Janku asked if there would still be a left turn lane created in the middle of Forum. Mr. Patterson replied that was correct. He added that the island serves a very important purpose to divert traffic at this location. He said the problem with the island is that it simply does not allow for a through bicycle lane from there to the intersection.
    A question was raised in regards to the six foot sidewalk. Mr. Patterson indicated there was room between the six foot sidewalk and the existing curb that would allow some widening without disrupting it.
    Mr. Loveless spoke about the discussions of widening Forum all the way from the north property line, or at least where the island is north of the Nifong/Forum intersection, down to the Nifong/Forum intersection. Mr. Patterson said that would be desirable, and just widening it where the island is would help a lot, but would effectively still be too narrow for separate lanes. Mr. Loveless understood that would eliminate any bicycle traffic on the street itself, south of Club Village Drive. Mr. Patterson responded it would eliminate a separate marked lane if it were not widened.
    Mr. John believed the Council had two options. The first is to come up with a dollar figure for fixing Forum, ask the developer to participate in the cost for such, and require the developer to install traffic calming devices. The second option is to ask for a dollar amount for the traffic calming devices and the other savings, and then the City will put them in when traffic warrants them. Mr. John thought the traffic calming devices and improvements to Forum should be made now, and then the developer should be required to reimburse the City for some of the things they did not put in.
    Mayor Hindman was concerned about the landscaped median and the expectations of the neighborhood. Mr. John believed the City should take the responsibility of cutting out what was installed and replace it with a regular landscaped median. Again, he said the developer could take what their savings was and apply it toward "the fix" of it. The Council agreed the median should be landscaped to serve as a visual break. Mr. Hutton was not in favor of any kind of raised median. It was decided that meant ripping out what was there.
    Mayor Hindman asked the Council what they thought about tabling the issue until the next meeting to allow time for staff to talk with the developer to come up with a solution based on cost sharing. Mr. John said that would be his preference. However, he recognized that the Walgreens occupancy permit should not hinge on this revision. Although occupancy permits for other businesses within this development will hinge on final approval of the amended plan.
    Mr. Patterson noted there is a problem in that staff cannot accept the streets in the development which Walgreens abuts unless they are built according to the approved plan. He pointed out the developer could issue a bond for whatever improvements are necessary in order to get the certificate of occupancy so Walgreens can open. Mr. Patterson reported that staff needs direction from the Council as to what their expectations are and then they could accept a bond.
    Regarding the traffic calming and the raised sidewalks, Mayor Hindman said the bonding proposal is acceptable to him as long as it based on the construction of such.
    It was noted that Walgreens should not be held accountable for the current situation, nor did the Council want to hold up their occupancy permit.
    Mayor Hindman made the motion that B406-01 be tabled to the January 22, 2002, meeting with the idea that a resolution will be worked out and presented to the Council that would include a landscaped median on Nifong, widening Forum Boulevard, the traffic calming devices and raised sidewalks, and that there will be a sharing of costs recognizing the benefits to the developer of having saved some costs.
    Mr. Boeckmann asked about the traffic calming devices and whether they should be kept as part of the original plan or if they could be covered by a bond. Mayor Hindman thought a bond would be adequate provided the terms of the bond are that the devices will be put in.
    Mr. John thought the Council should require that the traffic calming devices had to be built within so many number of months. This could be done as installing one device a year for a few years. Mayor Hindman said he would include that in his motion.
    The motion made by Mayor Hindman, amended by Mr. John, was seconded by Mr. Coffman and approved unanimously by voice vote.

B389-01     Approving the replat of Lot 194 Broadway Farms, Plat 13.
    The bill was read by the Clerk.
    Mr. Beck explained that the Council had tabled this issue at the last meeting in order for staff to respond to some questions regarding setbacks and sidewalks.
    Edgar Kinkaid, spoke on behalf of Boone National Savings. He offered to answer questions.
    Mr. John stated the Council expressed concern about sidewalks and it turns out that most of them have been built and the others have been bonded for. He noted the questions in regards to setbacks had been answered as well.
    Mayor Hindman explained that the Council had received some information which answered those types of questions.
    B389-01 was read with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B398-01     Amending Chapter 12 of the Code as it relates to the Commission on Human Rights.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the proposed amendments would update the procedures for investigating and resolving complaints of discrimination.
    Mr. Hutton asked if the fine assessed by passage of this ordinance would be collected through Municipal Court. Mr. Steinhaus replied it would. He explained that once the investigator has reviewed a complaint and made that recommendation to the Human Rights Commission, they would then vote on whether or not they found there was a probable cause that discrimination had occurred. The case would then be referred to the City Prosecutor. Mr. Hutton asked how many cases are actually heard by the Commission and about their disposition. Mr. Steinhaus said he has seen none go to the City Prosecutor in the last few years, and there is usually one case filed per month. He reported that generally the cases are solved through early resolution.
    Mr. Loveless noted that an attempt had been made to change the ordinance to gender neutral language. He noted a discrepancy in Section 12-34 in reference to employment.
    Mr. Loveless made the motion that B398-01 be amended by striking the word "his" in Section 12-34 (a)(1)b. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Referring to the staff memo, Mr. John asked about City ordinances that do not match state statutes and whether the state commission would be obliged to enforce the City's ordinance. Mr. Boeckmann replied that there are no state agencies that enforce City ordinances. He explained that the state is mandating that the City cannot set up our own procedure for enforcing ordinances other than in Municipal Court. He noted that Municipal Court does not have the power to reinstate an employee. If a person is found guilty of violating the ordinance, the Judge can impose a fine or, theoretically, a jail term.
    Ms. Crayton asked how patterns of discrimination are pinpointed. Mr. Steinhaus replied that the City's investigator tries to gather as much pertinent information as possible. After that is done, the investigator makes a recommendation to the Commission. Mr. Steinhaus noted it is the Commission who makes the final decision about whether or not there is probable cause and the subsequent course of action.
    B398-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B401-01     Authorizing an agreement with Harold Johnson Companies for lease of office space at 310 E. Walnut;
                   appropriating funds.
    The bill was given second reading by the Clerk.
    Mayor Hindman noted an amendment sheet which shows the actual name of the owner.
    Mayor Hindman made the motion that B401-01 be amended per the amendment sheet. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
    Mr. Beck explained that the plan is to move the engineering division of the Water and Light Department from the Police/JCIC building to the offices that were previously leased by the Police Department during the renovation of that building. The lease is for 5,100 square feet at a cost of $5,100 per month for two years, with an option to renew for two additional years.
    In reference to the lease document under the item pertaining to rent, Mr. Loveless noted an incomplete sentence. He also noted that the Water and Light Department is referred to as Power and Light Department.
    Mr. Loveless made the motion that B401-01 be further amended by striking the incomplete sentence and by changing Power and Light to Water and Light. The motion was seconded by Mr. John and approved unanimously by voice vote.
    B401-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B402-01     Voluntary annexation of property located on the north side of St. Charles Road, approximately 300
                   feet west of the intersection of St. Charles Road and Upland Creek Road.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the owner of this approximate one acre tract, which contains a single family dwelling unit on the property, is requesting connection to the City's sewer system via the voluntary annexation procedure. Informally, R-1 zoning is being requested.
    B402-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B403-01     Approving the replat of Highland Park Addition, Block VII.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this final plat involves City-owned property, commonly referred to as the old Nowell's building. He noted the property has to be divided into two parcels as the County is interested in utilizing part of the building for use other than the City/County Health facility. Mr. Beck stated that Lot 2 would be retained by the City and Lot 1 would incorporate the City/County Health Facility and the Family Health Facility in a condo type of arrangement on the east side of the property.
    Mr. Janku asked about sidewalks. Mr. Beck replied the entire property will be surrounded by sidewalks.
    B403-01 was given third reading with the vote recorded as follows; VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B407-01     Amending Chapter 11 of the City Code by repealing Article III relating to beverage containers.
B408-01 Calling a special election pertaining to deposits on beverage containers.
    Both bills were given second reading by the Clerk.
    Mayor Hindman suggested that the bills be discussed at the same time, but noted they would be voted on separately.
    Mr. Beck explained that the City Clerk had certified the initiative petition received as having the required number of valid signatures. He said the Council now has the opportunity to repeal the ordinance or place it on the ballot allowing the voters to decide whether or not to repeal it.
    Comments were called for with none received.
    B407-01 was given third reading with the vote recorded as follows: VOTING YES: NO ONE. VOTING NO: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. Bill defeated.
    B408-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B409-01     Calling a municipal election to be held April 2, 2002 to elect Council Members for Wards 1 and 5.
    The bill was given second reading by the Clerk.
    Mr. Beck explained the procedure for filing a petition to run for Council. He noted the filing deadline as January 17, 2002.
    B409-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B410-01     Authorizing Change Order No. Two to the contract with Curtis-Manes-Schulte, Inc. for construction
                   of the Columbia Community Recreation Center; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this change order involves several items and totals $27,000, bringing the total contract amount to $9,048,316.68. The original finance plan for the Recreation Center set aside 4% for possible change orders. All such requests are reviewed by staff and the architect before being submitted to the Council for approval. At this point, Change Orders No. 1 and No. 2 total approximately 1.5% of the budget.
    B410-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

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

B394-01     Calling for bids for the Spruce Drive Street construction project.
B395-01     Calling for bids for construction of a sanitary sewer force main at Columbia Sanitary Landfill.
B396-01     Authorizing Change Order No. One; approving engineer's final report for the Parkade Heights/Creasy
                   Springs Road Drainage Project.
B400-01     Accepting easements for utility and water purposes.
B404-01     Approving the final plat of Woodrail Subdivision, Plat #14.
B405-01     Approving the final plat of Rock Bridge Christian Church; Plat 1; authorizing a performance contract.
B411-01     Appropriating funds for the Mayor's Council on Physical Fitness and Health.
R1-02         Setting a public hearing: reconstruction of Garth Avenue from Thurman Street north of Bear Creek,
                   including reconstruction of bridge over Bear Creek.
R2-02         Authorizing an agreement with the University of Missouri for a joint research project to evaluate
                   settlement in the landfill.
R3-02         Authorizing a memorandum of agreement with the Family Health Center and El Centro de Salud for
                   health and social services to Spanish-speaking individuals.
R4-02         Authorizing an agreement with the Missouri Department of Health for the issuance of birth and death
R5-02         Authorizing an agreement with the Missouri Department of Health for HIV/STD prevention and
                   counseling services.
R6-02         Authorizing Addendum #1 to the agreement with Columbia EnterLight Ministries for the rehabilitation
                   of 606 West Worley Street.
R7-02         Authorizing an Agreement for Easement, Notice and Covenant Running with Land with the Missouri
                   Department of Natural Resources.

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

R8-02     Authorizing an interruptible service agreement with Con Agg of MO, LLC.
    The resolution was read by the Clerk.
    Mayor Hindman noted an amendment sheet had been prepared which would change the name of the provider.
    Mr. Hutton made the motion that R8-02 be amended per the amendment sheet. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    Mr. Coffman asked Mr. Malon to define the words power factor. Mr. Malon said it related to kilowatts and kilovars -- with the power factor being the ratio between the two.
    The vote on R8-02 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R9-02     Approving Preliminary Plat No. 1 of Grantwood Village.
    The resolution was read by the Clerk.
    Mr. Beck commented that this 46.8 acre tract is located in northeast Columbia. He added that both staff and the Planning and Zoning Commission recommended approval.
    Bruce Beckett, a local attorney, spoke on behalf of two of the proponents of this plat, Jim Beck and John Welek. The applicants have the northwest 10.5 acres of the property under contract with the current owner (Mr. Godas). The rest of the acreage will be covered by this plat. Mr. Beckett reported the applicants will be submitting a PUD plan and final plat in the near future for the 10.5 acres. He explained that seven acres will be PUD-8 with a density of approximately 5.9 units per acre, and the remainder of the tract will be developed as single family residences. Regarding the green space easement consideration requirement, Mr. Beckett indicated he could not speak for Mr. Godas, but it would be consistent with what he has done on his property just to the north. He anticipated this property owner's intentions would be the same when he brings back a final plat for his portion of this preliminary plat.
    Mr. Janku noted if there could be a trail easement, it would fit into the City's plans for the area. Mr. Beckett said he was not aware of any detailed discussion of it.
    Mr. Hutton asked if it was a trail easement on the north. Mr. Dudark responded that Mr. Godas deeded the property to the City. Mr. Hutton commented that was better than an easement.
    The vote on R9-02 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R10-02     Approving the Preliminary Plat of Lake of the Woods South Phase 2.
    The resolution was read by the Clerk.
    Mr. Dudark explained that this approximate 114 acre tract has recently been annexed into the City. The preliminary plat would create 242 residential lots and 14 commercial lots. Access would be from a new street to the north which would connect to St. Charles Road and out to the I-70 Interchange at Lake of the Woods. Mr. Dudark noted a second access through an existing subdivision (Teton Drive), which connects with Grace Lane to the west and St. Charles to the north. He explained that the County is in the process of working on the extension of Grace Lane to Richland Road. The developer has noted on the plat that there would be either common open space or City parkland with a greenbelt trail easement.
    Mr. Dudark indicated the Planning and Zoning Commission is recommending approval of this preliminary plat subject to a condition that stipulates no final plats or C-P development plans shall be approved for any of the commercially-zoned lots shown on the preliminary plat until such time as an agreement has been reached among the developer, the City and MoDOT regarding plans for improvements to St. Charles Road and to the I-70 interchange. Mr. Dudark noted that discussions are currently ongoing between the groups to reconfigure the access at the interchange. He described a couple of ideas they are looking into. He said the plan is to move traffic further away from I-70 so there would be a major, signalized intersection with room for stacking and turning movements between the interchange and the main entrance to the commercial area. With that condition, Mr. Dudark explained the Commission believed the preliminary plat is ready for approval.
    Mr. John noted in Mr. Dudark's report and comments that staff had listed five recommendations to the Commission. He said it would appear at least three or four could be covered by a more generalized statement. Mr. Dudark responded in regards to access from the residential area, the developers are trying to find a way to get a third connection from the south to connect to Richland Road or Grace Lane. He noted they basically ran out of alternatives, but the developer is working with a property owner and Mr. Dudark is hopeful that third connection will be made at some point. In the meantime, he said they are turning their attention to the I-70 and St. Charles area and working with the commercial area reconfiguration. That change in the recommendation does encompass several of the conditions listed in the earlier report.
    Besides the alignment, Mr. Janku asked if there would be other cost sharing. Mr. Dudark thought that would be part of the agreement - traffic signals, geometric changes, lane widening, turn lanes, etc.
    Mr. Hutton asked about the condition of Teton Drive and Richland Road. Mr. Dudark explained that Teton Drive is a 32 foot wide paved street in the county. He stated Richland Road is a paved street without curbs and gutters, but the county has made some recent improvements to it.
    Brian Harrington, of Allstate Consultants, spoke on behalf of the Partnership of Lake of the Woods South. He offered to answer any questions.
    Mr. Hutton asked about the progress on a south or southwest access into the site. Mr. Harrington stated the primary focus is to create an extension to Richland Road. He explained the applicants do not own this land, but they are working with that property owner to facilitate the extension.
    Jerry Carrington, 729 Demaret, commented that Grace Lane dead ends 40 feet from Richland Road. He also commented on the poor shape of the roads in Lake of the Woods Subdivision. Mr. Carrington expressed concern about future maintenance costs of these streets if they are not sealed and repaired.
    Tom Mendenhall, with offices at 2909 Falling Leaf Lane, pointed out that Grace Lane has been annexed into the City and that they did get the necessary right-of-ways. He said both the City and County are in support of extending Grace Lane to Richland Road. Mr. Mendenhall also reported that Teton Drive is paved, curbed and guttered and it is their plan to extend Teton into the proposed subdivision.
    Mr. Hutton asked Mr. Mendenhall if he had any comments about a south entrance. He thought it was extremely important to have another way into the subdivision besides Teton. Mr. Mendenhall thought that Grace Lane would be extended by the time the residential properties are finished. In addition, he pointed out that Bull Run Drive and Patriot Drive are additional means of ingress/egress to the subdivision on the north side. Mr. Mendenhall said one of the adjacent property owners is very interested in allowing an easement through their property to Richland Road. He believed that would occur sometime in the future.
    Mr. Hutton said he would support this proposal, but still believed that it needed another south entrance. In his opinion, Teton Drive is not a viable way in and out.
    The vote on R10-02 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R11-02     Authorizing an agreement with CH2M Hill for engineering services necessary to rehabilitate Deep
                 Well #10.
    The resolution was read by the Clerk.
    Mr. Beck explained that this is an innovative approach to storing water at Well #10. The treated water is being stored underground and pumped out during times of peak flow. He said Mr. Malon has been working with DNR to get this type of permit issued in the State of Missouri. The estimated cost on the second part of this project is $48,900 and will be funded through the 1997 bond issue.
    Mr. Malon reported CH2M would make some changes requested by DNR in the previous reports, and they would also do the bid and construction work, set up the test programs and proceed with collecting data on aquifer storage and recovery.
    Mr. Janku asked about the number of gallons that could be potentially stored. Mr. Malon responded the aquifer could potentially store several million gallons of water. Mr. Hutton asked if anything special was required to build a pump into the system. Mr. Malon replied there are piping arrangements made that will actually pump water back down under pressure. He said they are also required to make arrangements for back flow.
    Mr. Janku pointed out that this would be available not only to meet peak demands, but would also be beneficial if there was a failure at the treatment plant or a line break.
    The vote on R11-02 was recorded as follows; VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R12-02     Authorizing an amendment to the agreement with The Curators of the University of Missouri for use
                 of the Simmons Field Baseball Facility.
    The resolution was read by the Clerk.
    Mr. Beck explained that five years remained on the agreement with the University for the City's use of Simmons Field for some of our baseball programs. He said he had discussed the situation with Mr. Hood and they believed, if the Council wishes to move forward with the request, that adult teams could be reprogrammed to other fields. However, Mr. Beck pointed out that for the first year, staff would probably have to program at different fields in the overall baseball scheduling program. Before the University can move forward with their plans, they need to know what the City's position is as to the use of Simmons Field. Mr. Beck indicated this field is owned by the University and they could buy the City out at the rate of about $7,000 per year. Since this issue came up, he noted that correspondence had been sent to Mayor Hindman from the Grasslands Neighborhood Association. That letter was forwarded to the various parties associated with this proposal to ensure everyone is aware of concerns raised by that neighborhood.
    Mr. Beck explained that this resolution would waive the City's use of Simmons Field during the time the fields would be utilized by minor league baseball teams. The consideration for the community is that it would bring more recreation opportunities and would add sales tax and other benefits.
    In light of concerns voiced by others, Mayor Hindman said he had spoken with University representatives who had said they would work on addressing the neighborhood's concerns. He plans to make a motion to continue the issue to the next meeting after allowing other to speak.
    Gary Wendt, spoke on behalf of a group of investors that would like to bring a minor league baseball club to Columbia. He gave a brief overview and passed around a presentation for the Council to consider. He spoke about the entertainment value a club would have and about the significant financial impacts to the City. At this point, Mr. Wendt explained that they need to obtain a conditional waiver from the City for the use of Simmons Field. After that takes place, he said they would sign a long-term lease for the field with the University and pay them a non-refundable $34,800 front-loaded lease payment. From there, he indicated they would hold final negotiations with the leagues and finalize the financing package. Mr. Wendt pointed out that they would like to include local ownership in the financing package. He reported that June 1, 2003, is the projected opening day.
    Jack Donovan, another investor, believed Columbia is ready for professional baseball. He commented that his group projects that independent, short season baseball is the way to go in Columbia. He added that short season baseball works exceptionally well across the country when there is a university involved. Mr. Donovan was aware of the neighborhood's concerns and he truly believed they could work through those issues.
    Calvin Keller, 1105 Vegas, explained that these people have worked very hard for the last eight months on this project. He said they have done everything asked of them by the University. He pointed out that they looked at several communities, not only nationwide, but in the state of Missouri. Mr. Keller believed the group could address the concerns expressed by the Grasslands Neighborhood Association.
    Brad Oxenhandler, explained that his plan differs from the previous proposal for minor league baseball in Columbia. He believed both proposals to have merit, but felt his proposal would bring the highest caliber of minor league baseball to Boone County because it is designed to reap the greatest benefit for the community. A packet was provided earlier to the Council containing the details of his proposal. Mr. Oxenhandler explained that the plan is to bring an affiliated single A, minor league ball club to town. He noted that they play a long season and that this would require building a new, 4,000 seat stadium at an estimated cost of $7.3 million. Of that amount, Mr. Oxenhandler explained that the investors would finance one-third of the cost and that new taxes generated at the ball park could fund a significant amount of any debt service the City and County might incur.
    Mayor Hindman thanked both groups for their interest in bringing baseball to Columbia.
    Jerry Carrington, 729 Demaret, spoke about Simmons Field and its seating capacity. He said Simmons would fill a temporary gap and he would be supportive of going with the second proposal. He pointed out some pros and cons to having a ball team in town.
    Mayor Hindman made the motion that the issue be continued to the January 22, 2002, meeting. The motion was seconded by Mr. John and approved unanimously by voice vote.

    The following bills were introduced by the Mayor unless otherwise indicated, and all were given first reading:

B1-02     Rezoning property located on the south side of West Worley Street, approximately 375 feet east of
               Bernadette Drive from C-1 to C-P; approving the C-P Development Plan.
B2-02     Approving the final plat of Mohr Subdivision.
B3-02     Vacating easements within Lots 32 and 33 of Timberlane Subdivision, Plat 2.
B4-02     Approving the final plat of Timberlane Subdivision, Plat 3, a replat of Lot 33 and part of Lot 32 of
               Timberlane Subdivision, Plat 2 and part of Lots 1 and 8 of Timberlane Subdivision.
B5-02     Vacating a sewer easement within Shelter North Subdivision.
B6-02     Approving the final plat of Shelter North Subdivision, Plat 2, a replat of Shelter North Subdivision.
B7-02     Amending Chapter 14 of the City Code to establish a user fee for replacement of magnetic entry cards
               for the municipal parking plaza.
B8-02     Authorizing a right of use permit with Missouri Network Alliance, LLC to run an underground fiber optic
               line on City right-of-way.
B9-02     Accepting easements for drainage, street, sidewalk, sewer and utility purposes.
B10-02   Accepting a deed of dedication; approving the engineer's final report; authorizing payment of differential
               costs for construction of water main serving Arcadia, Plat 6.
B11-02   Amending the agreement with Sverdrup for water system improvements; appropriating funds.
B12-02   Accepting easements for utility purposes.
B13-02   Appropriating funds for the Tourism Development festival and Events Program.
B14-02   Authorizing an agreement with Boone County for JCIC clerical services.
B15-02   Appropriating revenue from the sale of a fire department truck for the purchase of fire fighting equipment.
B16-02   Authorizing a lease agreement with the Columbia Public Library for the display of LaColomba;
               appropriating funds.

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

(B)     Report of City of Columbia Volunteer Hours.
    Mr. Beck summarized the annual report which showed volunteers with the City of Columbia logged 41,402 hours of service in FY2001. Substantial hours were logged in the Parks and Recreation, Health, Police, Public Works and the Volunteer Services departments. Based on the national value of volunteer service at $15.39/hour, the calculated value to the community last fiscal year totals $637,000. Mr. Beck pointed out that volunteers are becoming more of a major resource that helps enhance the City.
    Mr. Janku commented that the TreeKeeper volunteers are a very hard working group and they have done a great job. He spoke about the issues raised regarding landscaping on north Providence. He suggested the new TreeKeeper graduates might be used for this project. Mr. Beck indicated he would look into it.

(C)     Request for Proposals for Rail Terminal Trans-load Facility.
    Mr. Beck pointed out that the City recently purchased 15 acres on Brown Station Road, north of Route B for a rail terminal facility. This proposal is a request for partnership between a private company and the City. He said the City would actually lease the property to the successful private company, who would construct a facility that could not only handle current City use, but would increase the use of the short line railroad to enhance that program.
    Mr. Malon reported staff has been working with some rail lines and have identified companies that provide this kind of service in other parts of the country.
    Mr. Hutton wondered because the proposals are due on January 29th, whether it would allow someone to come up with accurate figures. Mr. Malon responded he was hopeful that would be the case. He added that one company had indicated that time was of the essence. Mr. Malon noted that the date could be extended if necessary.
    Mr. Janku asked about benefits to the City. Mr. Malon replied that revenues would be generated for the railroad. In addition, if a facility is constructed by a private company, there would be tax revenues to the City and the School District from the operation.

(D)     Farmers Market Proposed Long-term Lease.
    Mr. Beck explained that the Parks and Recreation staff has been meeting with representatives of the Farmers Market in regards to a lease arrangement for property at the old fairgrounds. He noted the group is on a tight schedule to get an arrangement worked out. Mr. Beck reported this had been part of the overall master plan for the site. He pointed out that the agreement would not be with the Farmers Market, but with Sustainable Farms and Communities, a relatively new corporation. The proposal calls for a 99 year lease, which is longer than what the City has agreed to in relation to other facility lease arrangements. Mr. Beck had a list of issues he wanted the Council to address before a lot of time is spent working up a formal agreement. Mayor Hindman noted the Council decided the issue would be discussed at a work session next Monday.


    Mr. John commented that a gas line crew had been working in his neighborhood on a cold night a week or so ago and they had ruptured a water main. A water crew came out quickly and fixed the line. He thanked staff for their efforts.
    Mr. Loveless said he had received an inquiry from people concerned about the traffic calming device north of Chapel Hill on Hatton. Residents are already seeing an increase in traffic through that route. He realized that was anticipated when Mills Drive was partially closed, but he asked if that could be confirmed or otherwise dealt with. In addition, Mr. Loveless noted the temporary device is not staying n place. He asked the staff to report back on both issues.
    Mr. Loveless reported a constituent concern pertaining to considerable traffic stacking at the intersection of West Boulevard and Stewart Road during the evening rush hour. He wondered if there should be a four-way stop at that location. Mr. Loveless asked for staff to let him know how to respond.
    Mr. Hutton asked about the status of the chronic nuisance ordinance. Mr. Boeckmann said he had received comments from the Police Department on the preliminary ordinance and it should be on the agenda for the next meeting as a report.
    Mr. Janku suggested this issue be added to the agenda for next Monday's work session. Mr. Beck said it could be put on stand-by.
    Regarding the Lake of the Woods development, Mr. Hutton noted that subdivision regulations require a certain number of platted lots having two means of ingress and egress. He thought the wording might be a problem in this case because one entrance is through a residential subdivision on a residential street - possibly one that is not in very good shape. Mr. Hutton asked for a staff report/opinion on the wording. He wondered if the wording should be changed so that there has to be two ways in and out, and one cannot be a residential street....or neither should be a residential street.
    Mr. Hutton made the motion that staff be directed to report back on the issue with opinions, problems, and recommendations. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Ms. Crayton asked what improvements would be going on in the First Ward this year as new homes are being built. Mr. Janku noted that the CDBG Commission is scheduling meetings in the next few weeks and would be sorting out priorities for the next round of CDBG funding. He thought that could address Ms. Crayton's concerns. Mayor Hindman suggested that Ms. Crayton make choices and bring them up at budget time as well as talking to the CDBG Commission.
    Mr. Janku said a few years ago the Benton Stephens Neighborhood Association had an "Old House Day" wherein businesses and City department were invited to work on projects in this neighborhood. He asked if staff could put together a similar program and perhaps host it in the First Ward. He suggested including information about available programs for home ownership, home rehabilitation, energy conservation, etc. Mr. Janku said private businesses could come in and promote various products and services while touting home ownership.
    Mr. Janku understood that the public hearing for the Garth Avenue improvements had been set for February 18, 2002. He asked that the matter be referred to the Bicycle/Pedestrian Commission for their input on the revised plans that were drafted after the staff met with the neighbors.
    Mr. Janku made the motion that the issue be referred to the Bicycle/Pedestrian Commission for their input. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
    Mr. Janku asked for an update on the plans for Blackfoot Road.
    Mr. Janku noted a property at 318 N. Garth having an accumulation of trash. He said the fence is also falling down and now the cars can be seen that are stuck in the back. He asked that enforcement action be taken to get the property cleaned up. Mr. Janku indicated if there are some gaps in the ordinance that would prevent the City from getting the property cleaned up, he would like to know about them.
    Dan Kuebler, 2001 Winchester, thanked the Council and staff for moving on the proposal for the Farmer Market which was presented earlier this evening. He was appreciative of the work session set for next week on the issue.
    John Clark, 403 N. Ninth, spoke about The Uniform Conservation Based Building Code. He explained that it is a building code that addresses the same safety issues the others do, but also recognizes things that can be done to older buildings without the same requirements as new buildings. Mr. Clark encouraged the Council to request a report to see if this might be appropriate in Columbia.
    Mayor Hindman made the motion that the staff report back on The Uniform Conservation Based Building Code. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    The meeting adjourned at 10:10 p.m.

                                                                                                Respectfully submitted,

                                                                                                Penny St. Romaine
                                                                                                City Clerk