OCTOBER 7, 2002

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

    The minutes of the regular meeting of September 16, 2002, were approved unanimously by voice vote on a motion by Mr. John and a second by Ms. Crayton.

    Upon his request, Mayor Hindman made the motion that Mr. John be allowed to abstain from voting on B327-02. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    The agenda, including the Consent agenda, was approved unanimously by voice vote on a motion made by Mr. Janku and a second by Mr. John.



R162-02 Endorsing the 2002-2006 REDI Economic Development Master Plan.
    The resolution was read by the Clerk.
    Mr. Beck noted that the Council has had previous public discussions about this five year development plan. He explained that the Plan provides a blueprint of objectives designed to retain the area's existing employer base and also to attract new economic industry growth. Each of the Class A investors in the REDI Corporation will be reviewing the Plan for adoption. These primary investors include the City of Columbia, Boone County, the University and the Chamber of Commerce.
    Victoria Pratt, President of REDI, noted that the Chamber has already adopted the Plan. Although the Plan has been available for review since June, she said they have not received much feedback from the community at large.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    The vote on R162-02 was recorded as follows: VOTING YES: HUTTON, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: LOVELESS. Resolution declared adopted, reading as follows:

B324-02 Voluntary annexation of property located at the eastern terminus of Rice Road and the southern terminus of Shamrock Drive, southeast of Indian Hills Park; establishing permanent R-2 zoning.
    The bill was given second reading by the Clerk.
    Mr. Beck described this 2.1 acre tract as being located in northeast Columbia. The Commission recommended denial on a 5-1 vote. The Parks and Recreation Commission reviewed it and saw no adverse affect if the property were to be annexed and platted. The staff also recommended approval.
    Mr. Dudark pointed out that properties to the north and west are currently zoned R-2. To the south and southeast is single family. If the R-2 request is not approved by the Council, Mr. Dudark explained the applicant has the option of withdrawing the voluntary annexation request.
    Mayor Hindman opened the public hearing.
    Ron Lueck, land surveyor of the proposed plat, Evergreen Acres Plat 3, offered to answer any questions.
    Mayor Hindman closed the public hearing.
    Mr. Hutton asked about the future configuration of Rice Road from west to east toward Lake of the Wood Road. He assumed it was not intended to be a straight line. Mr. Dudark replied that was correct -- it would curve down and go a round the lake and come into Lake of the Woods Road to intersect with another street. Mr. Hutton indicated he was trying to figure out how much property is going to be north and south of the existing road to justify the Commission's argument about a logical stopping point, or border, between the R-1 and R-2 zones. Mr. Dudark did not think there was any certainty as to what the zoning will be, but pointed to the north/south line separating the R-2 to the north from the R-1. He showed what would be R-1 from the line east, and a logical argument could be made for single family development in this area. He noted that the current county zoning in this area is single family.
    After reading the Commission minutes, Mr. John agreed there is a proliferation of duplex developments in this area; however, he did not support the position that the property in question is the logical stopping point for an R-2 zone.
    Mr. Hutton believed in some ways it is logical that this property be zoned R-2 because of the existing zoning around it, but on the other hand, he saw a somewhat logical argument for ending the R-2 at a certain point.
    Mr. Janku agreed that the City already has a tremendous amount of duplexes and said he is not a fan of duplex development. At some point, he felt they needed to make a clear demarcation. Mr. John felt at this point the clear demarcation is one lot further east because of the line-up of the lots.
    The vote on B324-02 was recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON. VOTING NO: HUTTON, COFFMAN, JANKU. ABSENT: LOVELESS. Bill is defeated. (Later voted to reconsider.)

B325-02 Voluntary annexation of property located on the south side of Highlands Court, west of Bentpath Drive; establishing permanent A-1 zoning.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this 11-acre tract is located in south Columbia and that agricultural zoning is being requested. Both the staff and the Commission recommend approval.
    Mr. John asked if there was any reason the Council should consider the variances being requested on the plat at this point. Mr. Boeckmann replied no.
    Mayor Hindman opened the public hearing.
    Dan Simon, attorney with offices at 203 Executive Building, spoke on behalf of Mr. and Mrs. Justin Perry. He explained that the Perry's own the lot on the corner of Bentpath and Highlands Circle. They propose to acquire 4.5 acres of the adjacent 11 acre tract to develop a five-lot, R-1 subdivision. The remaining acreage would be retained by Mr. and Mrs. Mark Swanson, the owners of the 11 acre tract. Mr. Simon reported the other issues regarding the preliminary plat would be addressed later.
    Nancy Larkin, who resides on Bentpath, did not think anyone in The Highland Ridge Subdivision opposes the annexation, but residents would like to address issues relating to the preliminary plat.
    Jim McKee, who resides on Keegan Court, submitted a letter to the Council written from him and his wife. Basically, they are in support of the annexation, but they wanted to address other issues during the discussion of the preliminary plat.
    Mayor Hindman closed the public hearing.
    B325-02 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: LOVELESS. Bill declared enacted, reading as follows:

B326-02 Adopting the Rock Quarry Road Special Area Plan.
    The bill was given second reading by the Clerk.
    Mr. Dudark noted that the Council had asked the Planning and Zoning Commission to develop a plan for the Rock Quarry area south of Grindstone Creek. He said the Commission worked with property owners and the neighborhood association in this area. He said the Plan is intended to be used as a guide for decision making in future zoning changes. After a public hearing in early August, the Commission's recommendation is to approve the Plan as an amendment to the Metro 2020 Plan.
    Referring to Page 3 relating to the land use summary where it calls for open space to consist of 167.5 acres, Mr. John noted it discusses low density at 199.9 acres. He assumed that all of the open space is acquired as public land without a density credit. Mr. John asked if staff had any idea how much it would cost to acquire this open ground without a density credit. Mr. Dudark responded the methods that would be available for open space acquisition could be done by purchase or thru a voluntary conservation easement from the property owners, by charitable donation for a tax benefit, or with a density transfer. He pointed out that the land's topography prevents much of the area from being developed.
    Mr. John was concerned that with a set number the City could deny future credits. He noted that the idea behind the PUD zone and greenbelt easements had been to create something on which someone could use a density transfer and thus create more dense developments on the top flat lands and leave the hillsides and valleys free. The language as proposed in this Plan would take away the ability of people to use that density credit. Mr. Dudark supposed they could show the development of the area and then add those units to the total in some way. He said they have done a density transfer recently. Mr. John thought the wording should be changed or staff should figure out what the percentage would be with density credits.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Janku asked about the Seven Oaks Subdivision. Mr. Dudark replied that it was thought to be economically unfeasible to bring the road through due to the topography. In addition, residents are adamantly against having any traffic from Rock Quarry through their subdivisions. Mr. Janku asked if any of this is part of the greenbelt trail plan. Mr. Dudark said it was not a part of the greenbelt system although they do show some potential trails in it that would provide a connection to the Hinkson Trail through the Seven Oaks area. He said it is not part of the Parks Master Plan. Mr. Janku was concerned about funds being drained from the Parks Plan.
    Mr. John understood the 167 acres to be that which is not already in parks, but greenspace that would come out of private ownership at this point. Mr. Dudark said it was the total of the green area -- it includes the Grindstone Nature Area and the conservation easements. Mr. Dudark suggested adding a sentence at the asterisk indicating that if the property is not acquired, then the dwelling unit count would increase above the 600 number.
    Mr. John made the motion that B326-02 be tabled to the October 21, 2002, meeting with the understanding it would come back with some alternative language. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

B329-02 Establishing permanent R-1 zoning on property located on the northeast corner of State Route K and Sinclair Road.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this recently annexed 141-acre tract is located in south central Columbia.
    Mr. Dudark stated that the applicants did not make annexation subject to R-1 zoning a condition, but they did indicate it is R-1 zoning they are desiring. At the Commission hearing in early September, a motion had been made to recommend PUD-3 instead of R-1 zoning. The motion did not pass because it was a tie vote which means there is no recommendation to the Council from the Commission. Mr. Dudark pointed out that the Council previously approved a preliminary plat on this property so it has been laid out in anticipation of R-1, single family zoning. Staff's recommendation to the Commission had been R-1 zoning.
    Mayor Hindman opened the public hearing.
    Dan Simon, attorney with offices at 203 Executive Building, spoke on behalf of LPBW Development Company. He explained that LPBW owns 189 acres which they propose to develop as The Cascades. Part of that acreage is what is under discussion tonight. The applicants propose to develop 112 single family residential lots. It was Mr. Simon's opinion that this property could not be zoned PUD-3 because planned developments are only done at the request of the property owner. He said nothing would be gained by zoning this property PUD-3 as compared to an R-1 zoning. He enumerated the reasons for a PUD designation. Referring to the preliminary plat, Mr. Simon noted large areas cannot be developed in accordance with the platting ordinance by the designations shown on it for storm water detention and park purposes. In regards to traffic, Mr. Simon reported that MoDOT required a traffic survey before an entryway could be approved for this particular parcel. That survey showed that before and after this development is completed, the level of service on Sinclair Road and on Route K will remain at service Level A, the highest available service level. He said there is no traffic problem nor will any be created by this development. In an effort to deal with traffic concerns, Mr. Simon stated that the developer has dedicated right-of-way for Sinclair Road and is proposing, at its expense, to straighten the "S" curve on Sinclair Road.
    Mr. John asked about the alignment of Sinclair at Route K as it would be to Old Plank Road. As part of this plat, Mr. Simon said the property owner has dedicated the right-of-way that would allow the straightening of Old Plank Road so it would run directly into the intersection. For the "S" curve, he said the developer is working with the City and the University to realign Sinclair Road.
    Rob Wolverton, 2106 Clemmons, a member of the development company, explained their planning process on this project which included communicating with the neighbors. He said they have taken into account the concerns voiced by the neighbors and several changes were made in the plan to accommodate them. Changes were also made at the suggestion of staff. Mr. Wolverton stated they would continue to meet with the neighbors as the project proceeds.
    Lynn Diel, 5710 Sinclair Road, voiced concern about plans for Sinclair Road. He said it is listed as an unimproved collector street. He said there are no shoulders or curbs on Route K or Sinclair, nor are there any sidewalks or bicycle paths. He mentioned Gateway South's blind intersection with Route K as does Old Plank Road with Sinclair Road. Mr. Diel estimated this development will generate over 1,000 cars per day traveling on Sinclair or Route K. He noted that both roads go past elementary schools.
    Beverly Burge Spencer, 6461 South Alton Park Road, voiced her concern about storm water management and what will occur after the concrete roads are poured. She had been told by the developer that their entire drainage system would handle 100-year storms, and that the storm water will be guided to the deepest ravines on the property. She said some of these same ravines run through or beside property of homeowners on South West Way and South Alton Park. Ms. Spencer asked that the property be zoned PUD or R-2.
    Bob Pugh, 1411 Torrey Pines, another partner in the development, pointed out the many advantages to being annexed into the City. They believed R-1 to be the proper zoning designation. The proposed density of 1.6 dwelling units per acre is anti-sprawl, it is a moderate density, but not overly dense. Mr. Pugh thought the engineers are capable of handling the storm water and they fully realize their responsibility for drainage off impervious surfaces. Mr. Pugh believed this development would be a nice place to live as well as a credit to Columbia.
    Steve Cott, 6441 South Alton Park, noted that his property backs up to the property in question. He had met with Mr. Wolverton and had obtained some information as well as misinformation. He was told that most traffic would be concentrated on Sinclair Road because kids in this subdivision would be going to Mill Creek, but when doing research, he found the School Board moved The Cascades into the Rock Bridge Elementary attendance boundary. Mr. Cott reported that Route K and Sinclair are both dangerous roads and adding more cars would exacerbate this problem. He noted that this property is surrounded by A-2, except for his subdivision where the covenant allows for one home per three to four acres. He said the question is not whether the land should be developed, but how should the infrastructure to support it be developed. Mr. Cott thought the infrastructure should be in place before development is allowed. He pointed out that when the road is straightened, traffic speeds will pick up.
    Tim Crockett, project engineer with Crockett Engineering, 2608 N. Stadium, reported that they hired a company out of St. Louis to perform the traffic study. This study found the service roads would be at a Level A after development. All internal roads would be Level A as well, except for one which would be Level B, which is more than acceptable. After the traffic study, they talked to staff about the realignment of Sinclair Road. The applicant subsequently granted additional right-of-way for the "S" curve. Both the City and University are in support of straightening this curve, and plans have been submitted. Mr. Crockett stated that the realignment of Sinclair at Old Plank is also a concern, and additional right-of-way is shown on the plat for that purpose. Regarding storm water, he said they rerouted it after hearing concerns from residents of Gateway South. He saw no benefit to a planned unit development in this area. He noted that Plat 1 is pending approval and they have submitted a storm water management plan to Public Works. Mr. Crockett stated this plan would be the same if the property was zoned PUD.
    Ms. Crayton understood the residents were not opposed to development, but concerned about safety and storm water run-off. She asked about sidewalks and where the storm water would go. Mr. Crockett responded there will be sidewalks in this development, and the storm water will be diverted to bypass the homes in Gateway South.
    Mr. Janku asked if sidewalks would be constructed on the back side of the lots abutting Sinclair Road. Mr. Crockett said as it stands right now, this would be the case. Kara Carter, 1845 W. Amos, Cedarbrook Subdivision, also spoke about traffic concerns on Route K and storm water run-off.
    Ann Bacon, 6401 Gateway, voiced her concerns about additional traffic on Route K.
    Bill Crockett, 2608 N. Stadium, said due to poor or no maintenance, the culverts under Route K are about 75-80% blocked. He said the developer will get special permits from the Highway Department to clear out the culverts. He also noted that development will occur from the highest point down the hill. Regarding Gateway South, Mr. Crockett said the original permit issued by the Highway Department in the early 70's had a provision indicating this subdivision was not in a prime location.
    Dan Jacobs, 1840 W. Boris, Cedarbrook Subdivision, reiterated the concerns of his neighbors. He asked the neighbors to stand in support. Approximately 18 people stood.
    Chris Korschgen, 6200 Schuster, questioned the validity of the traffic study with the redistricting the School Board did in July. He thought the study was based on a number of people going up Sinclair to Mill Creek.
    Mayor Hindman closed the public hearing.
    Mayor Hindman asked if the Council had the authority to approve PUD-3 zoning. Mr. Boeckmann agreed with Mr. Simon. He said the way the zoning ordinance is set up is with the understanding the applicant is asking for PUD. He said there has to be a statement of intent from the property owner.
    Mr. John said the same storm water plan would be in effect whether this is a PUD or not. The roadway would also be the same whether it was a PUD or not. He noted the development is clustered to the higher elevations, and there are storm water detention and retention facilities shown on the plat. His point was that all of the things that could be controlled by a PUD-3 zone, which would allow about 600 units, has already been shown. Mr. John understood the traffic concerns, but the same amount of traffic would exist with a PUD-3.
    Mr. Janku noted that the City has greater regulatory controls over development than the County, particularly storm water and land disturbance where different management techniques are required to control run-off while development is occurring. He also stated the City's development standards are higher and there will be sidewalks required, not only internally to the development, but along the lots that are developed adjacent to Sinclair Road and Route K. There will be some degree of safety improvements for the pedestrians in the area, and the subdivision will also be connected to City sewer, unlike a lot of developments outside the City limits. Mr. Janku commented that the developer has gone to great lengths to preserve green space.
    Mayor Hindman said he was in support of the plan and felt it would be a high quality development. He thought the density was reasonable. Mayor Hindman thanked the developer for meeting and taking into consideration the concerns of the neighbors.
    Mr. Coffman said the testimony was convincing about the conditions of the road; however, he was not convinced that the condition of the road was relevant to the zoning designation. He understood there was a commitment from the developer to help improve the road. He asked about the time frame for such. Mr. Wolverton reiterated that they are currently working with the University to get the right-of-way set up for the road. He said the plans are in front of the Public Works staff currently and once these are approved, along with the alignment, they have provided the legal description for that easement to be granted. He understood that Public Works would apply for the easement with the University. Once granted, he said it was their intention to build the road just as soon as they can. Mr. Wolverton noted that they are looking at it from the market standpoint as well as from a safety standpoint. He said the realignment will only enhance this subdivision. Mr. Coffman questioned if it will take longer than a year for this improvement to occur. Mr. Wolverton did not anticipate that -- they have received verbal approval from the University staff, but now the formal application has to be made and then it will go before the Board of Curators. No hang-ups are anticipated.
    Regarding the conditions of Route K and Sinclair as unimproved roads, Mr. Hutton was not sure at any time in the history of Columbia that roads were built or improved prior to development. He said there is no funding mechanism in place for such. Usually improvements occur after the need is shown. Because City funding is so limited, there would be no development if it could only occur after roads were built or improved.
    Mr. Janku pointed out that each building permit for this subdivision will be charged a certain amount which goes towards collector street improvements.
    B329-02 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: LOVELESS. Bill declared enacted, reading as follows:

B331-02 Approving the "Johnson Medical Clinic" O-P Development Plan.
    The bill was given second reading by the Clerk.
    Mayor Hindman opened the public hearing.
    Mr. Dudark explained that the Commission recommended approval subject to two variances; one is a variance to the perimeter screening requirement along 65 feet of the south property line and the other is a variance to the off-street parking spaces. The ordinance requires 15 parking spaces and 11 are shown on the plan. The Commission's recommendation is subject to a condition that four additional parking spaces shown now as landscaped areas be identified as future parking. He noted parking along the street on the north side of the parking area and said there are eight spaces shown on the plan. Mr. Dudark remarked that it could be reconfigured to provide two additional parking spaces by taking out one of the islands and making another smaller. The other two spaces could be double loaded with one car in front of another car. He stated this is not normally allowed, but they could be used for employee parking rather than customer parking. He noted that it would be a voluntary action on the part of the owner to provide the additional spaces unless the Council feels the City should have the authority to require them. In that case, the ordinance would need to be amended to include the language authorizing the City to require that four future parking spaces be provided.
    Mr. Hutton understood the screening variance was the east to west boundary of the house itself. Mr. Dudark said that was correct.
    Mayor Hindman opened the public hearing.
    Bill Crockett, 2608 N. Stadium, project engineer, offered to answer any questions. He pointed out that both streets have on-street parking; however, none of this area was included with their calculations. Mr. Crockett confirmed the double-decked parking would be limited to employees.
    Mayor Hindman closed the public hearing.
    Mr. Janku brought up the question of the trigger regarding the parking situation. He thought the City should be able to trigger the requirement if a problem arose. Mr. Hutton indicated he had the same thought. Mr. Boeckmann thought the property owner should come to the Council rather than dealing with the staff. Although it may be difficult to enforce, he said language could be added to the ordinance that when instructed by the Council, the applicant will have to install additional parking spaces where indicated on the plan.
    Mayor Hindman felt there should be more of this kind of thing done wherein people are allowed to estimate the number of parking spaces, and when they think it will be less than the requirement, that a landscaped area could be set aside to accommodate future needs. With that concept in mind, he suggested staff begin exploring a way this requirement could be triggered so a future owner would not be caught by surprise.
    Mr. Beck supported this concept.
    Mr. John commented some kind of criteria is needed in case a neighbor comes in to complain about the necessity for more parking. He said the enforcement criteria is as much a concern to him as the penalty after it is enforced.
    Mr. Janku made the motion that B331-02 be amended by adding to the end of Section 2 the language: "The property owner shall establish additional parking spaces in the "future parking" area when directed to do so by the City Council." The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
    B331-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: HUTTON, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: LOVELESS. Bill declared enacted, reading as follows:

B333-02 Authorizing construction of a water main along Bettina Drive from Texas Avenue to Parkade Boulevard.
    The bill was given second reading by the Clerk.
    Mr. Beck explained the proposal to be the replacement of 1,120 feet of existing six-inch cast iron with PVC pipe of the same diameter to improve the reliability and service in this particular area. The estimated cost of the project is $62,000 which will be paid from Water and Light funds.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B333-02 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: LOVELESS. Bill declared enacted, reading as follows:

R198-02 FY 2003 CDBG and HOME Action Plan.
    The resolution was read by the Clerk.
    Mr. Beck explained that the Annual Action Plan is a HUD requirement and includes plans for the expenditure of CDBG and HOME funds. During the budgeting process, he said the allocation of these funds was provided to the Council. The City also prepares and updates a Five Year Consolidated Plan and the Action Plan somewhat supports it. Mr. Beck noted additional emphasis in the area of affordable housing.
    Regarding minimal funding proposed for the owner/occupied housing rehabilitation program due to funding from other sources, including the repayments from previous loans, Mr. Janku asked how much money would be going into this program. He noted there always seems to be a waiting list for owner/occupied rehab. Mr. Dudark explained there is a waiting list because of the capacity of staff and the construction industry to actually do the work. He reported staff processes between 15 and 18 rehabs per year, although there are funds to do more. Mr. Dudark stated there is in excess of $500,000 in HOME funds budgeted from prior years for owner/occupied housing rehabilitation.
    Mr. Janku asked if the rehab program would be limited to the Neighborhood Response Team area, which includes the expanded area east of Providence. Mr. Dudark replied affirmatively.
    Ms. Crayton asked about City employees receiving emergency assistance. Mr. Dudark explained that City employees are eligible just like any other citizen, but they have to be income qualified. He added this is not unique to Columbia, but pretty much a national standard, one must be low to moderate income.
    Mr. John asked if CDBG funds have to be spent in CDBG eligible areas. Mr. Dudark replied they did not. He said the funds must be used for projects and programs that benefit low and moderate income residents. He noted that public improvements are area qualified and those are limited to CDBG eligible areas.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    The vote on R198-02 was recorded as follows: VOTING YES: HUTTON, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: LOVELESS. Resolution declared adopted, reading as follows:

B327-02 Approving the final plat of Highview Subdivision, Plat 2, a Replat of portions of Highview Subdivision; granting a variance from the Subdivision Regulations.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained that this area is located just south of the Business Loop on the east side of Jefferson Street. The replat is needed in order to redevelop some of the property. Because Jefferson Street only has a 40-foot right-of-way, the applicant is asking for a variance from dedicating additional right-of-way. Mr. Dudark related that staff does not anticipate the widening of Jefferson Street in the future. He said previous variances have been granted in the vicinity on similar cases. Staff's recommendation is approval of the plat with the variance.
    Mr. Janku asked about sidewalks. Mr. Dudark did not see a reference to such. Mayor Hindman wondered if there was some reason for a sidewalk not being there. Mr. Dudark said if there was room to build a sidewalk, the replat would require it. Mayor Hindman commented that although it may make sense to grant this variance, he would not want that to defeat a sidewalk from being constructed. Mr. Hutton said he did not know what affect it would have, but the Council would have to grant a variance for part of it because the building is only 9.5 feet from the property line. Mayor Hindman remarked that he was inclined to table the issue in order to obtain more information.
    Mayor Hindman made the motion that B327-02 be tabled to the October 21, 2002, meeting. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

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

B328-02 Approving the final plat of Thornbrook, Plat No. 9.

B330-02 Vacating a sanitary sewer easement within Lot 4 of Dinwiddie Industrial Park Subdivision.

B332-02 Authorizing Change Order No. 1 to the contract with Garney Construction for the Scott Boulevard Water Main Project; appropriating funds.

R183-02 Setting a public haring: levying special assessments in connection with the Brown Station Road Project.

R184-02 Setting a public hearing: construction of water main serving Springdale Estates, Plat 7.

R185-02 Setting a public hearing: water main relocation at the intersection of Brown School Road and Highway 763.

R186-02 Setting a public hearing: voluntary annexation of property located on the south side of Grant Lane, approximately 550 feet east of Trailside Drive.

R187-02 Transferring funds from the Capital Projects Fund Contingency Project, Electric Connections Project and JCIC Materials Account to the General Fund Buildings and Structures Account.

R188-02 Authorizing a Contract of Obligation with the Missouri Department of Natural Resources for financial assurance for proper closure and post-closure activities at Columbia's landfill.

R189-02 Renewing an agreement with the Central Missouri Humane Society for animal control services.

R190-02 Authorizing Amendment No. 3 to the contract with the State of Missouri for HIV Prevention Services.

R191-02 Authorizing an agreement with the Missouri Department of Health for the Breast and Cervical Cancer Program.

R192-02 Authorizing agreements with various cultural arts organizations.

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

R193-02 Selecting an artist for the Percent for Art Project at the City-County Health Facility.
    The resolution was read by the Clerk.
    Marie Hunter explained that the Chairman of the Standing Committee on Public Art, Randall Gray, would be making the presentation. She passed around a brochure on the recommended artist and showed slides while Mr. Gray gave his report.
    Randy Gray, 301 Edgewood, explained that their approach has been to search for an artist, not a specific work of art, with the intent of involving the artist in the overall design process so he or she can propose a piece that is truly site and community specific and integrate it into the building. Once an artist is selected, he said the design phase will begin and an approval process will take place. Mr. Gray described their search process and noted that 20 applications had been received. The Standing Committee reviewed all applications and selected four finalists who were then invited for individual interviews. After the public interviews were held, the Committee discussed the merits of each and agreed on Hugh Merrill as their selection.
    Mr. Janku asked if Mr. Merrill's work would include both inside and outside work. Mr. Gray explained that his work included both and he thought the challenge would be to involve him in the community to see what would be most appropriate for the site. He said they did not have a feel at this point, but thought it could include both inside and outside.
    Mayor Hindman thanked the Committee and the Commission for the work they do for the City.
    The vote on R193-02 was recorded as follows: VOTING YES: HUTTON, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: LOVELESS. Resolution declared adopted, reading as follows:

R194-02 Approving the preliminary plat of Highlands Circle, granting variances to the Subdivision Regulations.
    The resolution was read by the Clerk.
    Mr. Dudark noted that this 12-acre preliminary plat was discussed briefly this evening when the Council approved the voluntary annexation. The Planning and Zoning Commission is recommending approval of the plat along with a variance to the maximum tier lot stem length. The applicant is asking that the stem portion of Lots 4 and 5 be 290 feet long rather than the standard 250 feet due to the topography in the area. The Commission recommended denial of a request for a variance to sidewalk construction along the south side of Highlands Court adjacent to Lots 1, 6 and 7. Using the overhead, Mr. Dudark showed the locations of the proposed driveways. He pointed out a note on the plat wherein Lots 2, 3 and 4 would share a common 20-foot wide paved driveway with a turnaround area. The drive meets Fire Department requirements. An indication of each address would be noted off the turnaround. He showed the location of the sidewalk if it were to be constructed.
    Dan Simon, an attorney with offices at 203 Executive Building, spoke on behalf of Mr. and Mrs. Justin Perry. He explained that the Perry's own the existing lot that is at the corner of Highlands Court and Bentpath. He said they would like to use this lot in conjunction with the property to the west, which is owned by Mr. and Mrs. Mark Swanson. Mr. Simon reported there are two ways in which to serve the Swanson property with a street; one would be to bring a cul-de-sac or street across the side of the hill off of Highlands Court, and another would be to bring a driveway in that would enter off of both Highlands Circle and Bentpath. This driveway would be built to City street standards, have more than adequate room for turnaround for a fire truck or garbage truck, and would contain a street light. This drive would serve the three lots in the corner and would be landscaped with berms and so forth giving it a dramatic visual appeal. The Perry's home would be just off the end of the cul-de-sac and the other lots would be available for sale. Mr. Simon explained that the Perry's have entered into a contract with the Swanson's for the purchase of a portion of their property, which is contingent on this plat and development being approved. Regarding the sidewalk variance, Mr. Simon explained that his clients have withdrawn that request.
    Mr. Simon asked the Council to approve the plat which he said conforms to all requirements of the subdivision ordinances with the contingency for approval of the slight variance in the tier lots. If approved, he said that Mr. and Mrs. Perry, in conjunction with the Swanson's, will build a public sewer that will run through the Perry's existing lot to serve the Swanson's existing residence. Mr. Simon noted the line will eliminate sewer problems in the area.
    Mr. Hutton commented that the proposed cul-de-sac does not follow the tier situation, the tiering is to simply have street frontage on the various lots. Mr. Perry said he understood that to be a requirement of the City. Mr. Hutton concurred and said he was confused because he had envisioned the common drive down one of the tiers. Mr. Perry said several tier lots were developed in The Highlands about 15 years ago. He said Mr. Simon was the attorney who drafted the covenants dealing with them and to his knowledge they have never presented a problem. He felt they had addressed the concerns and said they would do so with the covenants to follow in this case. Mr. Hutton understood the tier on the far southeast lot would have its own driveway on the tier. Mr. Perry said that was correct.
    Mayor Hindman asked if the cul-se-sac was to be a City street. Mr. Perry replied that it was not.
    Pat Hayes, 6005 Bentpath, said the many signatures on the petition submitted to the Council speak for themselves, but she wanted to speak on behalf of her family. She said her property would be the most affected by the private drive with the proposed two entrances. Ms. Hayes explained they are not objecting to the development, but said it does not make sense to divide an already platted lot. She expressed concern about the placement of the home on the lot and was sure Mr. Perry would make such pleasing to his view, not theirs. Ms. Hayes related they are also concerned about the completion of the project and said if the private drive or street is installed and the project is abandoned, the end result would be a ruined lot. They did not think it was fair to give approval to someone who wants to install a private drive or street though a lot that is already platted as part of another subdivision just to provide access to another parcel of ground.
    Nancy Larkin, 6208 Bentpath, noted that the petition the Council received in their packet was from the people of Highland Ridge, Plats A, B and C. She said they are not opposed to the annexation or to the development of the Swanson property, but are opposed to the private drive through Lot 1401. Ms. Larkin reiterated that residents are opposed to carving up a platted lot in their subdivision for the sole purpose of providing access to another five lot subdivision. She thought Mr. Perry would do a good job developing his subdivision, but they did not want to see their entrance cut up.
    Kathy Perry, 1710 Kenilworth, said they had received two phone calls and subsequent letters from people that signed the petition but had not been told the truth. She read the two letters which were in support of the Perry's plan. She noted that they have been given architectural control by the developers of Highland Ridge.
    Jim McKee, 1504 Keegan, maintained the drawing before the Council is not what the Perry's are wanting to do. He said they want to put a quarter circle drive on the corner of a lot in the Highland Ridge Subdivision and have it come off of Highlands Court, a quarter circle onto Bentpath and then have a road come over to the green line shown. Mr. McKee related that residents oppose Mr. Perry taking that lot and replatting it in another subdivision. He said there is already a perfectly acceptable way of accessing the lots without doing it as the applicants have proposed.
    Mr. Hutton asked if the main concern was that Lot 2 of the Perry's subdivision would become too small. Mr. McKee said there was no Lot 2 of that subdivision, he said it is Lot 1401 of Highland Ridge. If this is approved, the main concern was that the lot would be too small. Mr. McKee noted that the neighborhood had also been told that a sign would be placed on Highlands Circle, which would detract from the identity of their subdivision -- Highland Ridge.
    Mr. Janku inquired if residents would be opposed to the project if the subdivision was accessed by one of the roads going back. Mr. McKee said as it is shown on the drawing, access off of Highlands Court, would be fine with all of them. He said they have been told that is not acceptable to the Perry's.
    Steve Winner, 5908 Highlands Parkway, commented that residents would support having the existing entry and exit where they are, assuming the project is approved. An entrance further up Highlands Court near Highlands Parkway would be problematic from a safety standpoint because of the hill at this location. Mr. Winner said the entrance as shown onto Highlands Court would be acceptable.
    Henry Goben, 6101 Bentpath, is opposed to the development as presented because he thought there was adequate opportunity to develop the property from Highlands Court. He related that the neighborhood has not been given adequate explanation as to why the approach from Bentpath, across the already platted Lot 1401, is necessary. He also said it was his understanding that the architectural review committee of Highland Ridge Subdivision had not approved this project.
    Gary Larkin, 6208 Bentpath, spoke in opposition and said Lot 1401 would be cut by 25-30% of what they thought was platted. He reiterated that residents are not against the development, only the private drive.
    In regards to Lot 1401, which would become Lot 2 if approved, Mr. John noted an easement across it for the two driveway entrances. He asked if a house were built on this lot, how it would be situated on the tract. Mr. Perry anticipated that it would face the corner of Bentpath and Highlands Court. He noted that the cul-de-sac would actually be about six to eight feet above the level of Lot 1401, and there would be no way to orient the house towards the cul-de-sac. Mr. John inquired as to whether Lot 1401 would have a separate driveway. Mr. Dudark reiterated that the plat reads that Lots 2, 3 and 4 shall be served by one common driveway. Mr. John asked why the two entrances. Mr. Perry said it was for marketing purposes. He believed to market this 5-lot development would take a lot of magic due to the price of the lots. Mr. John asked which lot was intended for the Perry's residence. Mr. Perry replied Lot 1.
    In reference to Lot 1401 and comments made about reducing its size, Mr. Perry explained the lot consists of 1.11 acres. He said many of the lots in Highland Ridge Subdivision are .8 and .78 of an acre, and even if they took off the entire section where the private drive will be and reduced the lot size, it would still be larger than probably one-third of the lots in this area. He saw part of the problem as the existing home on the tract next to Lot 1401 (the Hayes property). Mr. Perry explained the Hayes' lot is oriented in such a way that the left third of it is in woods, and their driveway was placed almost right up against Lot 1401. He stated the house is located very close to the driveway. Mr. Perry thought that the construction he has in mind for Lot 2 (previously Lot 1401) would not devalue the Hayes home in any way. He said it would be very similar to the same situation across the street. He noted that his home was there before the home was built next to it. Regarding the architectural control, Mr. Perry purported to having a signed copy whereby two members of the three person committee signed off in approval of the project (Stan Kroenke and Dennis Harper).
    Mr. John asked about the width of the private driveway. Mr. Perry said it would be 24 feet.
    Mr. John noted there will be three driveways because Lot 1 would have a direct drive because it will not access the cul-de-sac. Regarding cutting down the size of Lot 1401, he said, in effect, that is what they are doing. Mr. John was having trouble seeing a lot of detriment to this project, although he understood the concern. He could not see where this would create any more detriment than putting in a cul-de-sac street and constructing 6 to 10 houses back in behind. Mr. John stated if Lot 1401 has access to one of the driveways, it could actually have had a corner driveway just like that with the only difference being that nobody else would be using it. He thought some of the houses in this area have corner driveways with two entrances. Mr. John reported that what is actually before the Council is whether or not to approve a variance for the extra long tier lot because the sidewalk variance has been withdrawn.
    Mr. Janku made the motion that R194-02 be amended by deleting the sidewalk variance. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    Mayor Hindman noted that both the staff and the Commission had recommended approval of this preliminary plat.
    In terms of the architectural control and the orientation of the house, Mr. Janku asked if the project would affect that. Mr. John said the concern was that the driveway on the street side would be pushed closer to Lot 1401. Since it is already close to the property line that is a concern; however, it has to stay within the setbacks which are just standard setbacks. Mr. Janku understood staff had no problems with dual driveways at the corner. Mr. Dudark verified the drives would be located far enough away from the intersection and should not cause any problems.
    The vote on R194-02, as amended, was recorded as follows: VOTING YES: HUTTON, JOHN, HINDMAN, CRAYTON, JANKU. VOTING NO: COFFMAN. ABSENT: LOVELESS. Bill declared enacted, reading as follows:

R195-02 Approving the Preliminary Plat of Evergreen Acres, Plat No. 3.
    The resolution was read by the Clerk.
    Mr. Dudark pointed out that this item was on the agenda earlier as a voluntary annexation and permanent zoning request. The item was defeated. He said the applicant asked to address the Council about the plat.
    Ron Lueck, project land surveyor, spoke on behalf of Orville Wiechert, the owner of the property and President of OFW Corporation. He said if the property were to come in as R-1, it would not meet the infrastructure costs that have already been incurred on the project. Mr. Lueck asked if the applicant would have to start over on the annexation request if the plat was approved. Mr. Boeckmann explained that because the property is not within the City limits, the Council could not act on the plat. Mr. Lueck asked if the issue could be tabled. Mr. Boeckmann replied it could, but there was nothing the Council could do until the property is within the City limits.
    Orville Wiechert, 5800 Red Wing, said he was trying to cooperate with the City in every way possible to connect PP up to Lake of the Woods Road. He said that was his reason for purchasing this 1.21 acres. Everything around it is zoned R-2 and the City is desirous of constructing a 12-inch water main across the property. Mr. Wiechert stated he would permit the construction of the water line across his property regardless of the outcome on the zoning issue. He reported that he has a contract on the two lots subject to approval of the Council, and he needed the R-2 zone because R-1 would be unprofitable for him when he attempts to sell the tracts.
    There was a discussion about tabling this issue and reconsidering B324-02.
    Mr. Janku said the reason he voted against the annexation was because of the comments made at the Planning and Zoning level about where the line would be drawn to end the R-2 expansion eastward.
    Mr. Hutton made the motion that the Council reconsider B324-02. The motion was seconded by Mayor Hindman.
    Mr. Hutton said he could not vote in favor of the R-2 zoning request as presented, but he did have a compromise in mind. He also noted there could be seven Council members present when the issue is voted on again. Mr. Hutton's compromise was to make the west lot R-2 because it is adjacent to such a zone, and then a logical case could be made for R-1 on the other side of the street.
    Mr. Boeckmann said a new ordinance could be introduced at the next meeting and considered at the first November meeting. If amended per Mr. Hutton's suggestion, the bill would have to be tabled to the second meeting in November.
    The motion to reconsider, made by Mr. Hutton, seconded by Mayor Hindman, was approved unanimously by voice vote.
    Mr. Hutton made the motion that R195-02 be tabled to the first meeting in November. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

R196-02 Authorizing Amendment No. 4 to the contract with Jacobs Facilities, Inc. for extended services for the construction of the Community Recreation Center.
    The resolution was read by the Clerk.
    Mr. Beck explained that this would authorize a three month extension with the architect in an amount not to exceed $17,220.
    The vote on R196-02 was recorded as follows: VOTING YES: HUTTON, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: LOVELESS. Resolution declared adopted, reading as follows:

R197-02 Authorizing a letter of support for the Columbia Housing Authority's Affordable Housing Project.
    The resolution was read by the Clerk.
    Richard Mendenhall, 2212 Shepard Boulevard, handed out some information regarding the project. The purpose of such is to provide home ownership opportunities to low income families. He noted this is the Columbia Housing Authority's first attempt to provide not just housing for low income people, but actually home ownership for them. Mr. Mendenhall reported the homes would contain 1,400 to 1,450 square feet with three bedrooms, two baths and two car garages. These homes would be located in a subdivision. Mr. Mendenhall said this is not a typical project in that if the tenant lives in the home for a 15-year period of time, they will be able to receive a 45% discount on the appraised price of the property. The tenant would then be given the opportunity to purchase the home. Funding for the project comes from the MHDC government program. Mr. Mendenhall noted that they have three weeks in order to get as many letters of support as possible. He pointed out that the Housing Authority will have the opportunity to buy all of the units at the end of the 15-year period of time should the tenant elect not to buy the home. The goal is to expand the program to inner city areas, but lot prices are higher in these locations than being outside the city. Mr. Mendenhall asked that the Council authorize the City Manager to write a letter of support.
    Mr. Hutton asked how much the rent would be. Mr. Mendenhall said the developer will be able to finance the property through MHDC money at one percent and he thought they were looking at $550 per month for a $100,000 house. During the 15-year period, he said the developer will take care of any major maintenance.
    Mr. Janku questioned if there could be interim sales if a particular party wanted to buy the home before the 15-years was up. Mr. Mendenhall said there would not be. He said the criteria from MHDC is that during that 15-year period of time the properties cannot be sold.
    The vote on R197-02 was recorded as follows: VOTING YES: HUTTON, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: LOVELESS. Resolution declared adopted, reading as follows:

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

B334-02 Appropriating funds from the Designated Loan Fund for the acquisition of property on Clarkson Road for open space and park purposes.

B335-02 Accepting a Local Law Enforcement Block Grant from the U.S. Department of Justice; appropriating funds.

B336-02 Appropriating funds for the purchase of supplies for the D.A.R.E. Program.

B337-02 Amending Chapter 22 of the City Code as it relates to street construction.

B338-02 Authorizing Change Order No. Two; approving the engineer's final report; levying special assessments; appropriating funds for the Brown Station Road Project.

B339-02 Authorizing Change Order No. One; approving the engineer's final report for the Park Hill Addition Storm Drainage Improvement Project.

B340-02 Authorizing change orders, approving the engineer's final report for the upgrade of the North Runway 2/20 Safety Area Project at the Airport.

B341-02 Authorizing change orders, approving the engineer's final report for the Phase II Air Carrier Apron Expansion and Taxiway Project.

B342-02 Accepting easements for drainage, sewer, sidewalk and utility purposes.

B343-02 Authorizing acquisition of easements for the construction of improvements to Sixth Street from Wilkes Boulevard to Hickman Avenue.

B344-02 Accepting a deed of dedication; authorizing payment of differential costs for 12-inch water main serving Boone County Fire Protection District #14.

B345-02 Authorizing construction of water main serving Springdale Estates, Plat 7; authorizing payment of differential costs.

B346-02 Authorizing relocation of water main at the intersection of Brown School Road and Highway 763.

B347-02 Accepting easements for utility purposes.

B348-02 Authorizing an agreement with COLT Terminal, LLC for construction/operation of rail terminal; appropriating funds.

B349-02 Vacating utility easements located within Rock Valley Subdivision, Plats 2 and 3.

B350-02 Vacating drainage and sewer easements within Biscayne Heights Subdivision, Plat No. 2.

B351-02 Approving the final plat of Evergreen Acres, Plat No. 3.

B352-02 Approving the final plat of Bluff Creek Office Park, Plat 6.

B353-02 Approving the final plat of Biscayne Heights, Plat No. 3, a replat of portions of Biscayne Heights, Plat No. 2.

(A) Transfer of Funds.
    Report accepted.

(B) City Sponsored Boy Scout Merit Badge Skill Center.
    Mr. Hutton made the motion that the City partner with the Scouts in the project and authorize cooperation. The motion was seconded by Mr. John and approved unanimously by voice vote.

(C) Possible Repeal/Revisions to Sections 14-503(d) and (e) of City Ordinances Pertaining to Bike Paths.
    Mayor Hindman made the motion that staff be directed to draft a repeal ordinance for both issues. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

    Upon receiving the majority vote of the Council, Mayor Hindman was reappointed to the New Century Fund Board of Directors.

    Mr. Coffman mentioned a traffic concern he received from the Bluff Creek neighborhood. He reported that traffic is being diverted around construction on Old 63 where the new roundabout will be located. Traffic is routed to Bluff Boulevard up Chinaberry through the neighborhood. The residents were interested in what temporary traffic calming devices might be available. Mr. Patterson said the last report submitted to staff was that the project would be finished at the end of this month. He offered to check and make sure that is still the current schedule. He will report back on what some options might be. Mr. John suggested the radar trailer. Mr. Coffman indicated staff did not need to wait to do something like that before reporting back.

    At the corner of Walnut and Garth, Mr. John reported a saw horse with a light on it over a grate. He said it has been there for several months and nothing has seemingly been done. He asked that the situation be looked into.

    Mr. Hutton reported that some Council members received letters regarding problems with the Biggest Bar and Grill.
    Mr. Hutton made the motion that staff be directed to look into possible solutions for the problems being created at the Biggest Bar and Grill. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

    Mr. Janku noted a new automobile dealership being constructed on the south side of the Business Loop which is not part of the current power line removal project. He suggested that the developer be asked if he would be interested in either undergrounding or relocating lines to the back of the property line in connection with the project. Mr. Janku stated staff could find out what the cost would be to do such and contact the developer to ask about his interest.
    Mr. Janku made a motion that the developer be contacted per his above suggestion. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

    Also regarding the Business Loop project, Mr. Janku understood the current project of removing power lines is going to stop at the Firestone Building on the Parkade lot. He pointed out that it would be a relatively short distance to extend it to the University property line where there are no lines along Ellis Fischel to the corner of Garth. He said the entire project would affect a big chunk of the Business Loop.
    Mr. Janku made the motion that staff be directed to report back on what it would take to make the additional incremental improvement to the undergrounding project. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

    In reference to the earlier discussion pertaining to Highview Subdivision, Mr. Janku said they obviously did not need 13 feet of right-of-way even if the Council decided a walk should be constructed. He suggested in the future this might be an issue staff could address because of older properties that come up. He felt it would be a reoccurring-type issue and the Council should have a model to compare to.

    Mayor Hindman noted the earlier discussion pertaining to parking variances if an area is set aside and identified as future parking and the mechanism for enforcing such. He requested that staff check into what might be an appropriate way to do that.
    Mayor Hindman made the motion that staff be directed to report back on the above issue with their findings and suggestions. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.

    Mayor Hindman reported on dangerous street grates located on Ash and Worley that he had seen when riding his bike. He asked staff to look into the situation.

    Henry Lane, 1816 E. Broadway, thanked the Mayor for his promotion of kids walking to Shepard Elementary School. He suggested the program be expanded for all students within a certain distance to walk or bike to their respective school. Mr. Lane noted that the older children who live some distance from their schools could walk or bike to the nearest City bus stop and then be transported that way to school. He asked Mayor Hindman to address the School Board next week at their meeting to promote the idea.

    The meeting adjourned at 10:50 p.m.

                                                                                            Respectfully submitted,

                                                                                            Penny St. Romaine
                                                                                            City Clerk