The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Tuesday, September 3, 2002, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members JANKU, HUTTON, LOVELESS, JOHN, COFFMAN and HINDMAN were present. Member CRAYTON was absent. The City Manager, City Counselor, City Clerk and various department heads were also present.

    The minutes of the regular meeting of August 19, 2002, as well as the minutes of the special meetings of August 21 and August 28, 2002, were approved unanimously by voice vote on a motion by Mr. Janku and a second by Mr. Coffman.

    The agenda, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mayor Hindman and a second by Mr. Hutton.
    Mayor Hindman explained that a request to table the Grasslands issue (B284-02) had been received. He anticipated the Council would concur with the request.


Michael Shirk and Michael Bloemke - Community Partnership
    Mike Shirk, 3000 Shoreside, Chairman of the Columbia Boone County Partnership, thanked the Council for agreeing to appoint the City Manager, or his designee, to the Partnership Board. Because of funding cuts this year, the Partnership plans to concentrate on facilitating a community-wide agenda. He announced the kick-off for the new agenda will be held on September 24th at 7:00 p.m. in the Senior Center. The entire community is invited to attend this meeting.
    Mike Bloemke, Mexico, Missouri, Executive Director, explained that the Partnership has been in existence since 1996 and added that the City has been a very important partner of the Community Partnership. At the kick-off meeting, he said the group would like to make some decisions about what the community, as a whole, would like to achieve. Mr. Bloemke thanked the City for past and future support.

Rick Anderson - Missouri Department of Natural Resources - Energy Center
    Rick Anderson, 1659 E. Elm, Jefferson City, distributed materials relating to wind energy. He summarized the importance for considering the use of renewable energy resources. He noted that Missouri Department of Natural Resources advocates the use of such. Mr. Anderson announced a conference on Wind Energy will be held in Lawrence, Kansas on October 3rd.

B265-02     Adopting the FY 2003 Budget.
    Mayor Hindman asked that the budget related items be read and indicated the Council would hear the recommendations from the advisory commissions before opening the public hearings to general comments.
    David Johnston, 2701 Chambray, Chairperson of the Community Development Block Grant Commission, reviewed their recommendations and explained how they arrived at each.
    Mayor Hindman thanked Mr. Johnston for the Commission's hard work and assured him that the Council gives serious consideration to their recommendations.
    Lisa Scribner, 3605 Teakwood, on behalf of the Community Services Advisory Commission, explained how difficult it was to make their recommendations. She noted that they received 49 requests totaling over $940,000 in City funding. Ms. Scribner reported that seven organizations requested funding for the first time.
    Mayor Hindman also thanked the Community Services Advisory Commission for all of their hard work and time spent on making their recommendations.
    Mayor Hindman commented that the Council has been considering possible amendments to the City Manager's budget during their work sessions. Displaying the amendment sheet on the overhead, Mr. Beck explained the proposed amendments the Council had suggested during these budget work sessions. Referring to the CDBG recommendations, Mr. Beck said there were some changes the Council wanted to address regarding neighborhood improvements.
    Mayor Hindman opened the public hearings on all budget related bills.
    Mark Kelty, 2104 Sunflower, on behalf of interACT, Teen to Teen Theatre, a Planned Parenthood program, explained that this organization has operated in Columbia for the past ten years. The group is dedicated to serving teens in Columbia and Missouri. Mr. Kelty reported the Community Services Advisory Commission has recommended that their funding be reduced by 50%, from $13,000 to $6,500. He acknowledged that the overall number of teens served by this program has declined, but in Columbia the annual numbers in the past three years have increased from 701 audience members to almost 2,000. Mr. Kelty mentioned all of the groups with which interACT works in tandem. He asked those present who have been impacted by the program to stand. Approximately two dozen people stood.
    Kerri McBee, 1505 Preakness, Community Affairs Director for Planned Parenthood of Kansas and Mid-Missouri, spoke in support of the interACT program. She said it is the sole education provider from Planned Parenthood in Columbia, and is the most unique and exclusive opportunity for peer-to-peer education in the community.
    Charity Cobbins, 5200 Obermiller Road, explained that she is affiliated with the Teen Summit out of the Imani Mission Center. She spoke in support of the full funding request by interACT. She explained that the teenager performers are role models to younger children.
    Arvarh Strickland, 4100 Defoe, spoke on behalf of the Boone Foundation Board. Dr. Strickland explained that in 1980 the Council appointed a commission to commemorate the contributions African Americans have made to Columbia. He said it was this commission that placed five properties on the National Register, one of which is the J.W. Blind Boone Home that is now owned by the City. Dr. Strickland reported additional funding is necessary to stabilize the home. He spoke of the importance of commemorating the Boone Home for the posterity of Columbia. Approximately six people stood in support of this request.
    Mary Still, 2000 S. Country Club, a Boone Home Foundation Board Member, explained the relevance of the Blind Boone Home to downtown Columbia. She said it is supported by nearby businesses and churches.
Tony Holland, 306 W. ElCortez, spoke in support of the CDBG request for the Blind Boone Home.
    Maleck Yalaoui, 2206 Rose, a student involved with interACT, explained the positive affects the program has had on her. She commented the funding being requested is essential to the program and asked that it not be reduced.
    Glen Cobbins, 7 E. Ash, Imani Mission Center, President of Destiny of Hope, commented that he does outreach in the community. He spoke in support of the interAct request and asked that funding for this program not be cut.
    Jerry Black, 501 Grampion, President of the Board of Directors for Show-Me Central Habitat for Humanity, explained the goal and mission statement for the organization. Since 1989, he noted Habitat has built 53 houses, 26 of which have been in the inner-City. Mr. Black asked that the Council restore some or all of the funds they originally applied for.
    Phyllis Barks, 14861 W. Highway 40, Rocheport, a Master Gardener, spoke in favor of the Habitat request.
    Paul Robinson, 3414 Hedgewood Court, a physician in adolescent medicine at the University of Missouri, affirmed his support for the Teen to Teen interAct Theatre.
    Pat Kelley, 1007 Grand Avenue, a member of the Ridgeway Neighborhood Association, asked for reconsideration of their request to clean up the alleys in their neighborhood.
    Dana Battison, 7200 E. Highway WW, spoke on behalf of The Intersection. She asked the Council to reconsider their recommendation for funding. She pointed out that they are asking for less than one-fifth of the construction cost for a building this community desperately needs. When applying for grants outside of Columbia, she said they need to show local support. Ms. Battison requested that the Council validate the recommendation of the Commission.
    Judy Hubbard, 1790 Delton, Director of the Imani Mission Center, spoke in support of full funding for The Intersection. She believed this facility would be very beneficial to the youth in the area.
    Dee Campbell-Carter, 114 Pinewood, Executive Director of Fun City Youth Academy, thanked the Council for helping them obtain a permanent home and anticipated this being the only request the group will make in regards to acquisition of a facility. She explained their program and how they collaborate with 24 other agencies in Columbia. Ms. Campbell-Carter also spoke in support of the interACT request.
    Jack Waters, 712 Westridge, a member of the Special Business District Board, spoke in favor of the Community Development Commission's recommendation that $50,000 be appropriated for ADA accessability improvements to downtown sidewalks.
    Otto Traschel, 3702 Wayside, speaking as a taxpayer, expressed concern about utilizing public dollars for street and sidewalk projects.

B299-02     Establishing Parks and Recreation fees.
    Mayor Hindman asked for comments on establishing Parks and Recreation fees.  He noted that an amendment sheet had been prepared.
    Mr. Hood explained that the Council had asked staff to prepare two possible amendments to the parks and recreation fees. The first would reduce admission costs at the aquatic facilities to $2.00, which would decrease revenues by slightly over $10,000. The second amendment would reduce by $1.00 the amount of revenue going into the restricted asset fund for golf course improvements and transfer that amount to the activity fee or operating revenues. The golf course fees would remain the same, but this amendment would shift approximately $53,000 to operating revenues.
    Mr. John asked how long it has been since the fees at the aquatic facilities have been raised. Currently, Mr. Hood responded there are two different rates at the aquatics facilities; youth admission at Oakland and Twin Lakes is $2.00, with the charge being established in 1998 and 1995 respectively, and youth admission at Douglass, Lake of the Woods and Hickman is $1.50 which was established in 1995.
    Mr. Coffman thought it was important to have affordable swimming for children.
    Mayor Hindman asked about the scholarship program and if the proposed fee increases would be covered by this fund. Mr. Hood indicated that when anyone applies for a youth scholarship to obtain admission to one of the City's aquatics facilities, the qualifying individual is sold a book of 20 passes for $2.00. The remainder of the fee is covered by scholarship funds. He added that they are looking at the entire policy with respect to the scholarships at The ARC as well. He expected the Council will be sent a revised proposal for the entire scholarship policy in the near future. Mr. Hood pointed out that scholarships are also available for recreation classes and day camp.
    There was some discussion about a letter the Council received regarding the definition of a senior couple. Mr. Hood reported that in order to qualify for the senior couples discount, both people must be 60 or older. In reference to the letter, he believed only one of the individuals is over 60. Mr. Hood noted that the previously mentioned definition also applies to golf course passes.

B300-02     Amending Chapter 27 of the City Code as it relates to water connection and meter fees.
B301-02     Amending Chapter 27 of the City Code as it relates to water service rates.
    Mayor Hindman asked for comments on the water connection, meter and rate fees.
    Mr. Beck said the proposal reflects a small increase to cover the cost in connection fees and water meter fees.
    In reference to water rates, Mr. Coffman noted four options were presented to the Water and Light Advisory Board about how to achieve a 3% increase in revenues -- with one being a 3% increase in all of the different rate components. He stated the Advisory Board recommended option four, which does not do that. Mr. Coffman said to some degree, this option would represent a higher percent increase to the small users. For the average residential consumer, it would be closer to a four percent increase. Mr. Coffman asked Mr. Malon if he concurred with the Board's recommendation and, if so, why it would be better than increasing all rate components.
    In regards to the four options, Mr. Malon did not think any one of them is "bad". He explained they are all legitimate alternatives, and that was one of the reasons there had been debate over the matter because any one of them would effect a three percent revenue increase. A three percent across-the-board would be simple and easy to implement, but he noted the problem is that water rates are already seasonal in nature and much of the revenue for this utility is generated in the summer. Mr. Malon indicated an across-the-board increase would only aggravate that situation further. Another alternative would be to increase the fixed charge per month because it does not cover the cost of service, but then the small customer will see a big increase. As it stands now, the rates for small customers will be increased by about 3.8%, or around 37 cents per month. Mr. Malon stated that the current option being recommended by the Board and endorsed by staff would be a phasing process whereby the cost of water service will be recovered in the fixed charge. He said that would include the meters, meter readings and billings.
    Mr. Coffman suggested the Council consider the 3% increase to all components. He thought it was more important that the small users not be burdened with the majority of the increase. He also did not want to send a signal that large consumption of water is to be promoted.
    Mr. Janku was concerned about the summer penalty. Mr. Malon responded the amendment would not change that penalty. He pointed out that the commodity charges for residential customers will only increase by 1½%, for commercial customers it will increase by 2½%, and large industrial customers by 2%.
    Mr. Coffman made the motion that staff be directed to prepare an amendment sheet for B300-02 by using option number one, the three percent increase in all rate components. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

B302-02     Amending Chapter 26 of the City Code to increase the development charge for new construction.
    Mayor Hindman asked for comments on B302-02.
    Mr. Beck pointed out that the Council had requested that staff look at increasing the development charge from 6.1 cents per square foot to 10 cents per square foot. It was estimated this would generate approximately $125,000.
    Otto Traschel, 3702 Wayside, suggested a bicycle tax on adult riders to help defray some of the rising costs.
    Annie Pope, spoke on behalf of the Home Builders Association with offices at 204 Peach Way. She noted that the cost of housing in Columbia is now higher than that of Kansas City and St. Louis because this is a more restrictive environment in which to build and it costs money to comply with regulations. She said the City is not fulfilling its obligation to provide affordable housing when the only homeownership assistance programs available are for low income people. Ms. Pope related that it is also important to provide housing that normal, working families can afford without having to appeal to public entities for any kind of assistance. Although this proposed amendment would only add a couple of hundred dollars to the base cost of building a house, Ms. Pope reported that the cumulative effect of each increase results in knocking prospective home buyers out of the market. Ms. Pope asked the Council to oppose the increase on the development charge.
    Maura Browning, Director of Government Affairs for the Chamber of Commerce, said the Chamber is not necessarily supportive or opposed to this ordinance, but wanted to share a level of concern about increasing development costs. Before building fees are raised, she asked the Council to take into account that every development increase is undoubtedly passed onto the consumers and buyers. Ms. Browning said across-the-board fee increases serves to make Columbia less attractive to building and more costly to development.
    Jessica Robinson, Columbia Board of Realtors, noted there are some potential ordinances coming up that could have an impact on new construction costs. She requested that the Council consider all components as they assess increases in development and other across-the-board fees.

B303-02     Adopting the Special Business District Budget.
    Mayor Hindman called for comments on the Special Business District.
    There were no comments on the SBD budget.
    Mayor Hindman continued the budget public hearings to the September 16, 2002, meeting.

B284-02     Declaring the need to acquire land on Clarkson Road adjacent to the MKT Trail for open space and
                   park purposes; authorizing acquisition by negotiation or, if necessary, condemnation.
    The bill was read by the Clerk.
    Mayor Hindman opened the public hearing with the understanding that there was a request to table the issue.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. John made the motion that B284-02 be tabled to the September 16, 2002, meeting. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

B287-02     Approving the Stoney Creek C-P Development Plan and changing permitted uses.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this is an approximate 9.8 acre tract located on the west side of Old Route K, 300 feet north of Green Meadows Road. The proposal calls for a 179-room hotel with about 13,700 square feet of accessory use. The Planning and Zoning Commission recommended approval of the request with some special conditions on the signage.
    Mr. Dudark noted that the plan before the Council differs from the conditions recommended by the Commission. The plan submitted to the Council and the Commission shows two signs; one free-standing sign which is 22 feet tall containing 101 square feet, and an eight foot tall monument sign also containing 101 square feet. The Commission is recommending a smaller monument sign containing 64 square feet. Mr. Janku noted that MoDOT was going to require a traffic study before an access permit is granted. He commented that the minutes from the Planning and Zoning meeting indicated that the City could not require a traffic study because the Council did not include it in the ordinance when the property was originally zoned. Mr. Dudark affirmed that was his understanding. Since MoDOT has requested a study, staff did not believe they had the authority to ask for one. Mr. Janku asked if the Council should include this stipulation every time C-P zoning is granted. Mr. Dudark agreed it was a safer plan, i.e., asking for a traffic study up front with the zoning rather than at the time of site plan review. He said it should be requested at the time the plan is submitted, but initially with the zoning change.
    Mr. Hutton asked how one would do a traffic study at the time of zoning when the specific use might not be known. Mr. Dudark said it could be required at the time of zoning, but the actual study would have to be presented at the time the plan is submitted.
    Mr. Boeckmann suggested amending the Code to require a traffic study when a planned district is requested.
    In reference to signage in this case, Mr. Janku pointed out that the applicant is entitled to other signs in addition to the proposed free-standing and monument signs. Mr. Dudark concurred.
    Mayor Hindman opened the public hearing.
    James Thompson, 825 S. Taft, Mason City, Iowa, spoke on behalf of Stoney Creek Hospitality Corporation. He reported this project will bring a new product to Columbia's lodging community with the scope of work having three primary components. He summarized the lodging, conference center and wilderness park/swimming pool elements. Mr. Thompson distributed pictures of existing signs at their other facilities. He noted that the issue in regards to signage amounts to 37 square feet. Mr. Thompson commented the proposed project is a $13 million development and was hopeful the 37 square feet would not be a problem. He indicated that the plans for signage is important to them. Mr. Thompson pointed out their intention to bury power lines, which is a condition of their interest in the site.
    Mr. Janku had concerns about the size of the monument sign. He explained that the Providence outer road is considered a collector street, and the applicant's request is to upgrade signage to expressway standards. Mr. Janku did not foresee any problems with the public being able to identify the facility.
    Mayor Hindman agreed with Mr. Janku. He mentioned that the Grand Cru, also on Providence, had been denied increased signage by the Board of Adjustment. He was fearful that if a larger sign is approved in this case, it would cause others to come forward requesting the same exceptions.
    Mr. John noted that one of the purposes of a planned district is to allow for trade-offs. He pointed out the applicant has agreed to stricter conditions than is normally allowed in an open C-1 district, which is where Grand Cru and Tropical Liquors are located. Mr. John said the C-P designation gives the Council the prerogative to decide what the signage should be.
    Mr. Janku agreed that a C-P district could allow for more signage than would be allowed in an open district, but he did not support the suggestion that more should be allowed in this case because the tract is located adjacent to an expressway. Mr. John responded the Council could change the suggestion to it working with the site plan and not being obtrusive. Mr. Janku thought if the applicant is allowed increased signage, it could set a precedent when the Council considers future C-P plans.
    There was a discussion as to how sign sizes are determined. Mr. Dudark reported the size of the wall signs are stipulated in the C-P plan's design parameters, which is attached to the ordinance by reference. He pointed out that just the free-standing signs deviate from standards in this case, not the wall signage. The Planning and Zoning Commission recommended two signs, but limited the request to one 22-foot tall sign containing 101 square feet and an eight foot tall sign containing 64 square feet. Mr. John noted that the 8-foot tall sign is a monument sign.
    B287-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. ABSENT: CRAYTON. Bill declared enacted, reading as follows:

B292-02     Rezoning and changing permitted uses on property located north of West Ash Street and west of
                   Clinkscales Road. (Farmers Market)
    The bill was given second reading by the Clerk.
    Mr. Beck pointed out that this is the property the City leased to Sustainable Farms & Communities, Inc. for the Farmers Market and other uses. The request on Tract A is to rezone it from O-P to C-P. The request on Tract B is to change the allowed uses from all C-1 to all C-3.
    Mayor Hindman opened the public hearing.
    John Clark, 403 N. Ninth Street, spoke on behalf of Sustainable Farms & Communities. He explained that this is a follow-up on prior actions. He reported that staff as well as the Commission supports this request.
    Mr. John asked about including amusement parks, commercial baseball and athletic fields, race tracks and fairgrounds uses. Mr. Clark referred to a letter dated July 15, 2002, stating the outdoor and stage concert use is for outdoor performances, the fairground use is for picnics, and the other will be for events such as antique car shows, musical concerts, and similar events. He noted staff believed the list of C-3 uses is appropriate based on the activities that will occur on the property.
    Mr. Janku asked if he understood the request is for all C-3 uses. Mr. Clark concurred, he said it did not seem worthwhile to identify each use as the lease ultimately defines and restricts the use of the property. He related that it was necessary to ask for all C-3 uses and the three C-P uses to cover the range of such approved in the lease. Mr. Janku asked about including mortuaries and kennels. Mr. Clark reiterated it did not seem to be practical to strike specific items because the ground lease will control the use of the property.
    Mayor Hindman closed the public hearing.
    Mr. Janku was troubled by the request for all C-3 uses. He noted that zoning is a particular protection regardless of what the lease says. He saw no reason why an effort could not be made to strike out unnecessary uses.
    Mr. Hutton understood the outdoor activities would have to comply with the noise ordinance. Mr. Boeckmann agreed. Mr. Hutton asked if the lease addressed the hours of operation. Mr. Boeckmann replied it was not in the ordinance and he did not recall it being in the lease. Mr. Hutton related that when the fairground was moved a few years ago, many of the neighboring residents had been glad because of the noise generated from the late night activities.
    Mr. John commented it would not take long for someone to read down through the uses and strike the unnecessary ones. He said that is typically what the Council approves.
    Mr. Loveless asked Mr. Boeckmann if he supported Mr. Clark's contention that the lease governs the use despite what the zoning may permit. Mr. Boeckmann said he did.
    B292-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. ABSENT: CRAYTON. Bill declared enacted, reading as follows:

B293-02     Establishing permanent zoning on property located on the south side of State Route K, approximately
                   400 feet east of Old Village Road.
    The bill was given second reading by the Clerk.
    Mr. Beck described this as a one acre tract recently annexed into the City. The staff and Commission are recommending R-1 zoning.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B293-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. ABSENT: CRAYTON. Bill declared enacted, reading as follows:

(A)     Voluntary annexation of property located at the eastern terminus of Rice Road and at the southern terminus
          of Shamrock Drive.
    Item A was read by the Clerk.
    Mr. Beck explained that this 1.2 acre tract is located in northeast Columbia. The applicant is requesting permanent R-2 zoning with annexation.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.

(B)     Voluntary annexation of property located on the south side of Highlands Court, west of Bentpath Drive.
    Item B was read by the Clerk.
    Mr. Beck explained that this annexation request involves an 11 acre tract. The applicant is requesting A-1 zoning.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.

B286-02     Authorizing an annexation agreement with William D. and Carol A. Foley.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that the application meets the requirements for a sewer connection.
    Mr. John asked how far this tract is from the City limits line and who owns the property that surrounds it. Mr. Boeckmann indicated that he was told the tract is not contiguous to the city.
    Bill Crockett, 2608 N. Stadium, spoke on behalf of the applicants. In response to Mr. John's question, he said the property is 12 feet from the City limit line. Regarding ownership, the large tract is not owned by the same property owners.
    Mr. Hutton asked if the other lots have annexation agreements. Mr. Patterson replied that those tracts were given authorization to connect to the City sewer system by Council resolution in 1978. The condition was that the sewer line be put in and brought up to City standards.
    Mr. Hutton made the motion that B286-02 be amended per the amendment sheet. The motion was seconded by Mr. John and approved unanimously by voice vote.
    B286-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. ABSENT: CRAYTON. Bill declared enacted, reading as follows:

B290-02     Approving the final plat of Whispering Meadows.
    The bill was given second reading by the Clerk.
    Mr. Beck said this major subdivision consists of 4.4 acres and will contain 13 R-2 lots.
    Mr. Dudark commented that several of the neighbors have called about this request.
    Bill Smith, 3400 Kemper Road, Hallsville, a member of The Church of Christ which is adjacent to this property, said he and the neighbors have been interested in what was going to be done to buffer the church property from the development.
    Mr. Loveless noted the plat identifies 13 lots and a duplex could be built on each lot. He did not think there are any screening requirements in R-2, except on collector streets.
    Mr. Smith also expressed some concern about the amount of traffic on Rice Road. Mayor Hindman suggested that he talk with the developer and the Planning Department. Mr. Smith asked if the only access to the property would be off of Rice Road. Mr. John said that was correct, the duplexes will located on a cul-de-sac.
    B290-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. ABSENT: CRAYTON. Bill declared enacted, reading as follows:

B291-02     Approving the final plat of B & B Crossings, Plat 1.
    The bill was given second reading by the Clerk.
    Mr. Beck explained the property is located at the intersection of Route B and Brown Station Route. Being proposed is eight M-1 lots on approximately 30 acres. Mr. Beck noted that MoDOT has requested a traffic study to determine the development's impact on the intersection and surrounding thoroughfares. He thought some future intersection work will be necessary regardless of this project.
    Mr. John commented that the City and the developer bought this property through a tract split. He spoke about the definition of a legal lot and the lack of utilities to this tract. Mr. Dudark indicated there is no requirement that utilities be provided in order to record a tract split. There is a requirement for the property to be platted. Mr. John thought the City did not allow tract splits. Mr. Dudark remarked that tract splits are permitted in City regulations. Mr. John asserted the City does not allow tract splits unless it involves family members and staff knows there is no imminent development. He said a lot of tract splits occur because the City Council does not oversee the County Clerk's recordings. He believed it is officially against the law in the City of Columbia.
    Brian Harrington, an engineer with Allstate Consultants, 3312 LeMone Industrial Boulevard, commented that the plat meets all City requirements and offered to answer any questions. He indicated that he is working with MoDOT on the traffic study.
    B291-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. ABSENT: CRAYTON. Bill declared enacted, reading as follows:

B294-02     Confirming the contract of N-J Wilson Contracting, Inc. for the construction of I-70 Drive Southwest
                   from West Boulevard to Business Loop 70.
    The bill was given second reading by the Clerk.
    Mr. Beck reported that four bids were submitted for this project, with the lowest being about $45,000 over the engineer's estimate. The project would widen the outer roadway to three lanes to accommodate a left turn lane at West Boulevard. The low bid was $284,308.05.
    Mr. Hutton asked about the extra funding for this project. Mr. Beck replied it would come out of the Capital Improvement Program sales tax fund.
    B294-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. ABSENT: CRAYTON. Bill declared enacted, reading as follows:

B296-02     Authorizing agreements in connection with the East Broadway - State Route WW Project.
    The bill was given second reading by the Clerk.
    Mr. Patterson related that this legislation would authorize the City Manager to execute three agreements; the first is the transfer agreement with MoDOT in regards to the right-of-way ownership of Route WW between Old 63 and US 63, the second agreement is for enhancement funding to build a pedway system, and the third agreement is for the engineering design and construction services with Burns and McDonnell. The state has agreed to provide the City with a total of $4,327,256 for construction of the project roadway -- the acquisition of the additional right-of-way and construction. An additional $338,744 will come from STP Enhancement Funding for the pedway system. The total cost of the engineering agreement is $398,944. Mr. Patterson spoke about significant issues such as the City's requirement to pay engineering costs which are not reimbursable, the requirement that the City agree to the removal of the traffic signal on Route WW and Brickton (the intersection will be converted to a right-in/right-out and a left-in), and that we commit to the relocation of Trimble Road. He said these things are controversial and would probably be subject to quite a bit of discussion at the time of the public hearings. There is a provision in the agreement that should the City not proceed with the project for any reason, MoDOT would accept the return of the right-of-way and the City would reimburse funds to the State.
    Mr. Hutton assumed that if the City did not agree to the ownership of the road and MoDOT proceeded with the project several years from now, that they would still remove the traffic light and relocate Trimble Road. Mr. Patterson replied that was correct. He said traffic studies have shown that the only way for it to function is to get the signal away from the ramps and locate Trimble Road far enough down to allow sequencing of signal timing. Mr. Hutton asked if Trimble would be signalized. Mr. Patterson indicated it would be signalized at the time of construction. He said it would be a major entrance for traffic coming from town, and it would also provide the break in traffic to get out of the intersection coming back towards town. Mr. Hutton asked about eastbound traffic. Mr. Patterson responded that vehicles would have to come out on Trimble and take a left to go east to U.S. 63. Mr. Hutton noted the intersection would have an affect on the businesses currently on Brickton in regards to traffic flow. Mr. Patterson concurred. Mr. Hutton inquired if the property owner in the area where Trimble would be relocated is aware of this project. Mr. Patterson explained that staff has had several meetings with this individual and believed a C-P plan would be submitted to the Council in the near future. Mr. Hutton commented that a lot of grading has occurred in this area. As part of the land disturbance and grading permits, Mr. Patterson said the developer has accommodated this configuration. He commented that while there have been no firm agreements, he felt the developer substantially agrees with the project. Mr. Patterson thought issues that might come up would have to do with what portion of costs the developer would be required to pay and how much the City would pay towards the improvements. Mr. Hutton questioned when the project would be bid. Mr. Patterson said it would probably be under construction in 2004 because it would take a full year to complete the design work. He believed the big issues would be the intersection and the realignment of the entrances. Mr. Hutton asked if the realignment on the south side had been figured into the project. Mr. Patterson said it had been.
    Mr. Loveless remarked that the project would really change the traffic flow at the intersection of Trimble and Brickton. Mr. Patterson agreed with that statement. He noted the dual turns coming out and maybe less coming in. He said the final design would determine that.
    Mr. Janku asked if anyone had considered the impact this project will have on the other exit on Conley. He speculated that if people cannot go east as easily to get back on 63, they may well shift to that location. Mr. Patterson explained that the traffic study evaluated the entire road system.
    Mr. Coffman questioned how many lanes would be added to Trimble. At the intersection, Mr. Patterson said there would be multiple lanes and probably two turn lanes out of it. It is believed there would have to be a center turn lane along Trimble. Mr. Coffman inquired if the owners of the apartment complexes in the area have been contacted about this project. Mr. Patterson replied there have been preliminary discussions with them and they are aware of the layout's concept. He thought there was a conceptual agreement with them and their primary concern related to whether the existing right-in/right-out to the complex can be maintained. It has been indicated to them that the City's intent is to maintain it. Mr. Patterson reported the complex will have two entrances, but only one left turn exit at the signal.
    B296-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. ABSENT: CRAYTON. Bill declared enacted, reading as follows:

B298-02     Authorizing the issuance of Sewerage System Revenue Bonds.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that in 1992, the City issued about $8.1 million in revenue bonds for wastewater projects. By refunding, he believed the City can save about $1.2 million. The plan is to open bids electronically on September 5th, with a special Council evening the same evening to award the low bid.
    Mr. Janku made the motion that B298-02 be tabled to the September 5, 2002, meeting. The motion was seconded by Mr. John and approved unanimously by voice vote.

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

B285-02     Vacating easements within Concorde Office and Industrial Plaza Subdivision.
B288-02     Approving the final plat of Stoney Creek Subdivision.
B289-02     Approving the final plat of Vanderveen Crossing, Plat No. 9.
B295-02     Confirming the contract of Concrete Engineering, LLC for the construction of a right turn lane at the
                   southwest corner of Providence Road and Broadway.
B297-02     Accepting easements for utility purposes.
R163-02     Setting a public hearing: construction of water main serving Evergreen Acres, Plats 2 & 3.
R164-02     Setting a public hearing: construction of improvements to Valley View Neighborhood Park.
R165-02     Setting a public hearing: Rock Quarry Road Special Area Plan.
R166-02     Renewing a lease agreement with NAPA Auto Parts for property located at 1524 Business Loop 70
R167-02     Authorizing application to the Missouri Department of Natural Resources for a Recreation Trails
                   Grant for the MKT Trail Improvement Project.
R168-02     Authorizing application to the Missouri Department of Natural Resources for a Land and Water
                   Conservation Fund Grant for the purchase of roller hockey boards.
R169-02     Authorizing an agreement with the Missouri Department of Health for the Child Care Facilities
                   Sanitation Inspection Program.
R170-02     Authorizing Amendment No. 2 to the contract with the Missouri Department of Health for the HIV
                   Prevention Program.
R171-02     Authorizing Amendment No. 3 to the contract with the Missouri Department of Health for the HIV
                   Prevention Program.
R172-02     Authorizing Amendment No. 3 to the contract with the Missouri Department of Health for the WIC

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

R173-02     Approving the preliminary plat of The Cascades, granting a variance to the Subdivision Regulations.
    The resolution was read by the Clerk.
    Mr. Beck noted that this is a major subdivision consisting of 190 acres located in south central Columbia. The proposal shows 332 R-1 lots. He understood there would be some work done in regards to roadway alignment. Mr. Beck pointed out a variance request for cul-de-sac length. The project has been recommended for approval by both the staff and the Planning and Zoning Commission.
    Bill Crockett, 2608 N. Stadium, spoke on behalf of the developer and said there were about 20 common lots which would reduce the number of buildable lots to 310. Regarding the cul-de-sac in question, he said it was barely 800 feet long with only 19 lots on it -- which is well below the number allowed.
    Mr. Janku thanked the developer for his interest in donating a lot for a park. Mayor Hindman remarked that the developer had kept neighboring property owners well-informed about the project and had done a good job of working with them.
    The vote on R173-02 was recorded as follows; VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. ABSENT: CRAYTON. Resolution declared adopted, reading as follows:

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

B304-02     Amending the Employee Health Care Plan relating to the prescription drug benefit.
B305-02     Establishing group insurance premiums for the Employee Health and Dental Care Plan.
B306-02     Amending the Classification Plan and adopting the FY 2003 Pay Plan.
B307-02     Amending Chapter 19 of the City Code relating to personnel policies, procedures, rules and regulations.
B308-02     Amending the LAGERS benefit program for city employees.
B309-02     Pertaining to the operation of the Columbia Fire Department and conditions of employment of the
                   Columbia Fire Department personnel.
B310-02     Amending Chapter 18 of the City Code pertaining to Police and Fire Pension Plans.
B311-02     Accepting easements and quit claim deeds for drainage, sewer, street sidewalk and utility purposes.
B312-02     Calling for bids for the Hardin-Donnelly Phase II Drainage Improvement Project.
B313-02     Authorizing application for FY 2003 Transit Operating and Capital Assistance Grants.
B314-02     Approving Change Order No. 1 to the contract with professional Contractors and Engineers, Inc. for
                   construction of the South Pump Station.
B315-02     Authorizing construction of water main serving Evergreen Acres, Plats 2 & 3.
B316-02     Accepting a grant of easement for water utility purposes from Broadfield Properties, LLC.
B317-02     Authorizing construction of improvements to Valley View Neighborhood Park.
B318-02     Approving the Rock Quarry PUD Site Plan.
B319-02     Approving the replat of Lot 4 Sedona Villas, Plat 1.
B320-02     Rezoning property located approximately 535 feet north of I-70 Drive Northwest and approximately
                   1,250 feet west of Garden Drive from A-1 to R-1.
B321-02     Approving Stephens College Master Plan.
B322-02     Amending Chapter 2 of the City Code as it relates to closed records.
B323-02     Appropriating Tourism Development Grant funds for the Columbia Festival of the Arts.

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

(B)     Street Closure Request.
    Mr. Beck noted that this request was for the dedication of a memorial and activities related to September 11.
    Mayor Hindman made the motion that the street closure be approved as requested. The motion was seconded by Mr. Janku and approved unanimously by voice vote.


    Mr. Janku noted that at the last Council meeting they referred the greenbelt trail plan to the Planning and Zoning Commission. He wanted to make sure that all committees that might have an interest in this plan are also notified so as to allow their input to the Commission early on in the process.

    Regarding the improvements at I-70 Drive, Mr. Janku indicated that Parks and Recreation is working on a landscaping plan for the general area. He asked that the funds be identified to implement it. He asked for a report back.
    Mr. Janku made the motion that staff be directed to report back on the issue of the traffic study discussed earlier. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

    Mr. Coffman was pleased to hear the comments on wind power from the earlier DNR speaker. As the City's RFP for energy is bid out, he wanted to ensure that it is sent to interested alternative energy providers. He said a list could be requested from the Energy Center. Mr. Coffman also urged the City Manager to send a staff member to the Wind Power Conference in Lawrence, Kansas in October. He indicated that there is a tremendous amount of public health and environmental benefit to be had in trying to move away from fossil fuels. He spoke about asking the Energy and Environment Commission to make recommendations to the Council about what the City might be able to do to promote renewable energy, specifically wind power, solar energy and biomass projects.
    Mr. Coffman made the motion that the Energy and Environment Commission be asked to hold hearings, investigate and make recommendations regarding the promotion of renewable energy in the City of Columbia. The motion was seconded by Mr. John and approved unanimously by voice vote.

    Mr. John discussed some concerns he had regarding boards and commissions. He noted that some members do not attend meetings on a regular basis. Mr. John was also concerned about members who are appointed by the Council to one board, and then serve as that board's representative on another one. This person, therefore, has two votes. He pointed out that sometimes this individual sits in chair and vice-chair positions on both commissions. Mr. John reported that he read about the Energy and Environment Commission in the paper and how they are working on tree ordinance standards. He did not recall the Council asking them to look into the issue. He noted this Commission is spending staff time, and they should have asked for Council permission before proceeding with their work. Mr. John applauded them for coming up with creative ideas, but said the Council should direct the Commission as to the work they should be doing.
    Mr. John asked the staff to look into the three issues (absences, sitting on a second commission as chair, vice-chair or secretary, and Council permission before expending staff time) and report back.
    In regards to this issue, Mr. Loveless asked if there was a generic policy on seeking Council direction before a Board or Commission can pursue a particular topic. Mr. Boeckmann affirmed that there is a policy and if a Board or Commission contemplates doing anything that will require a substantial amount of staff time, they are supposed to send a request to the Council asking for permission to proceed.

    Referring to the "senior couple" issue that was discussed earlier, Mr. Hutton wanted to refer the letter that was mentioned to the Parks and Recreation staff for some input and examination of the policy.
    Mr. Hutton made the motion that the letter be referred to the Parks and Recreation staff for study and a report back. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

    Mayor Hindman announced that Ms. Crayton had been hospitalized, but said she seemed to be doing fine.

    Otto Trachsel, 3702 Wayside, passed around pictures of a dam which he said does not meet any engineering standards. He said the structure does not come under DNR because it is a 26 foot embankment and the dam has to be over 35 feet to come under those regulations. In addition, there is no City ordinance that covers impoundments whether they be water detention, pond or lake. If this dam in question were to break, he said there is potential to flood Highway 763 at Big Bear Boulevard. Mr. Trachsel indicated that he spoke to staff about the situation. He proposed that the Council enact an ordinance to govern such. Mr. Patterson reported that staff referred this issue to the construction inspector to determine whether there is a violation of the land disturbance ordinances. He did not know the result of this investigation, but had instructed staff to follow-up with prosecution on the matter if there is a violation. Mr. Patterson verified that the City does not regulate existing impoundment structures of this nature, however, new construction must be built to appropriate storm water standards.

    The meeting adjourned at 11:20 p.m.

                                                                                                Respectfully submitted,

                                                                                                Penny St. Romaine
                                                                                                City Clerk