DECEMBER 1, 2003


The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, December 1, 2003, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON and LOVELESS were present. The City Manager, City Counselor, City Clerk and various Department Heads were also present.


The minutes of the regular meeting of November 17, 2003 were approved unanimously by voice vote on a motion by Mr. Loveless and a second by Mr. Janku.


Mayor Hindman noted that two bills would be added under Introduction and First Reading, B403-03 and B404-03.

The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion by Mayor Hindman and a second by Mr. John.




John Donelon and Bill Jones - annexation and problems to existing neighborhoods.

Mr. Donelon asked residents of Lake of the Woods in attendance to stand. Approximately two dozen people stood. Mr. Donelon provided petitions signed by neighbors to the Clerk and passed out photographs of the neighborhood. He then read from a letter written by County Commissioner Elkin regarding Teton Drive being used as a main point of entry into the subdivision. The letter stated the Council had apparently moved forward and accepted the proposed development allowing Teton Drive to be the only point of access, at least for a temporary amount of time, into the subdivision. The letter also mentioned concerns by the Boone County Fire Protection District regarding this sole point of access. Next, Mr. Donelon read a letter from the City Planning Department dated December 20, 2001 noting connector streets were needed, other than Bull Run. He found it interesting that the Planning Department recommended extending Hanley Drive directly south across the north fork of Grindstone Creek and intersecting with Richland Road. Mr. Donelon stated the residents of the Lake of the Woods Homeowner Association were told there would be a service road by the Shell Station on St. Charles Road to take construction equipment into the development. At an early spring meeting called by the developer, the residents were told Grace Lane would be extended to Richland Road. Mr. Donelon also stated, the residents were told the developer was now in possession of the Woods area and there would be a road through that area to Richland Road. In addition, they were also told that Bull Run would be in, which would give them a total of three ways in and out of the development, before any foundations were laid. Mr. Donelon wanted the Council to know that currently there are 20 plus structures going up, yet, they still have only one entrance into the area, Teton. He noted that Bull Run has been completed but is closed to through traffic and the heavy trucks have torn up their streets. In addition to tearing up their streets, the heavy trucks are traveling very fast after dumping their loads. Mr. Donelon was also upset about burning, public urination, storm water drainage and structural damage to houses from dynamite blasting.

Bill Jones, another Lake of the Woods resident, provided additional photographs to the Council and commented that their neighborhood roads were probably built to minimum standards 25 to 30 years ago and designed for passenger vehicles only. He noted the deterioration of Grace Lane has gotten to the point where the asphalt has cracked. He did not understand why St. Charles Road was open and Bull Run was still closed to cure when both were completed at approximately the same time with the same material.

Mayor Hindman noted the issue would be brought up towards the end of the meeting during Council comments.


B370-03 Approving a C-P Development Plan to be known as "Lot 40 Pannell Place" on property located on the west side of Fay Street, approximately 150 feet north of Smith Street.

The bill was given second reading by the Clerk.

Mr. Beck explained the purpose of this is to build a twelve space parking addition for Engineering Surveys and Services facilities. Both the staff and the Commission recommend approval.

Mayor Hindman opened the public hearing.

Dave Bennett, Engineering Surveys and Services, 1113 Fay Street, explained that this parking lot would be just south of their existing facility.

John Clark, 403 N. Ninth, spoke in support of the request on behalf of the North Central Columbia Neighborhood Association. He thanked the business for paying attention to the neighborhood they live in.

B370-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B371-03 Changing the designation of PUD zoned property bounded by Brown School Road, Derby Ridge Drive, Citadel Drive and Edenton Boulevard from PUD-12 to PUD-13; approving the Auburn Hills 8 PUD site plan.

The bill was given second reading by the Clerk.

Mr. Beck noted that the tract contains approximately 7.2 acres and that the change would allow up to 88 town homes on the property. Approval was recommended by both the Commission and the staff.

Mayor Hindman opened the public hearing.

There being no comments, Mayor Hindman closed the public hearing.

Mr. Ash asked for clarification in regards to why either all or none of the sidewalks had to be ADA accessible. Mr. Dudark explained it was his understanding that when there is a sidewalk that leads to a public sidewalk, it needs to be accessible for ADA purposes for its entire continuous length and due to topographic conditions, this could not be done.

In reading the Planning and Zoning Commission minutes, Mayor Hindman thought it sounded like some of the sidewalks would meet ADA requirements. Under certain circumstances, he was told that ADA requirements could be waived. He suggested approving the plan, but hold open and reserve the opportunity to have the sidewalk issue explored further. Mr. Dudark explained this was the final approval.

Mr. Janku pointed out that the Council has no authority with respect to the ADA, but thought if the applicant would come forward with a waiver that Mr. Dudark could approve a change in the plan since he has discretionary authority over small changes. Mr. Dudark did not think it would affect the substance of the plan to have some additional walkways.

Mr. Loveless asked about the storm water drainage ditches, specifically open culverts. He noted that it looked like the storm water would come out of a culvert under Brown School Road, run above ground and then back into an inlet running under Citadel Drive. Mr. Dudark believed that to be correct. Mr. Loveless preferred to see them enclosed throughout the property. He said it looked like it would flow from north to south. Mr. Dudark was not sure that was the case. He thought the water could be originating in the open area and flowing in both directions - draining the site rather than through the site. Another factor could be the infiltration into the soil and ground water as opposed to being piped to an outlet. Mr. Loveless thought it looked like they would be taking storm water from above the development, piping it underneath Brown School and then putting it in a ditch, running it southward between buildings into another drop inlet, and then underneath Citadel Drive. He said the City has been fighting this problem on several sites throughout town. Mr. Loveless suggested dealing with the issue up front.

Bob Walters, 2704 Vale, explained the area to be one of the few heavily wooded portions of the site and indicated the intent was to try to retain the remaining trees. He remarked the trees were a view amenity.

Mr. Janku mentioned the dumpster situation - all of them on one end. He suggested allocating some to the eastern end.

After much discussion about drainage and sidewalks it was suggested that the issue be tabled to the next meeting. Mr. Loveless was bothered by the fact that the developer did not provide representation.

Mr. Loveless made the motion that B371-03 be tabled to the December 15 meeting. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.

B372-03 Amending Chapter 29 of the City Code as it relates to permitted uses in District M-C.

The bill was given second reading by the Clerk.

Mr. Beck pointed out this amendment would add uses to the controlled industrial district such as sports and recreational facilities, including accessory retail and concession sales. Mr. Dudark noted that physical fitness centers, private gymnasiums and reducing salons would also be added, as would rental services.

Mr. John noted that he had specifically asked that all C-3 uses be looked at, not just the three in Mr. Land's letter. He asked if they had looked at all of them. Mr. Dudark explained that Mr. Land had actually requested the first change only. He said the Commission looked at the entire list at a P & Z meeting and it was felt the other two were compatible with the M-C district. They saw them as being useful in the industrial setting. They did not feel retail sales would be appropriate in an industrial district.

Mr. Janku asked about retail sporting apparel at a fitness center. Mr. Dudark felt it could be considered an accessory use.

Mr. John noted that most industrial parks have a restaurant or two tucked into them along with a service station. He said they could have been conditional uses and was surprised that only the three came back.

Mr. Janku asked if a restaurant as part of a private gymnasium could be considered an accessory use. Mr. Dudark felt it could be if it was a snack bar. Mr. Janku asked about the sale of alcohol as part of the restaurant. He remarked that is what is typically done in St. Louis. Mr. Dudark noted that restaurants are a permitted use already.

Mr. Ash asked why all of these things could not come in as conditional uses. Although he could understand why commercial may not want to be next to industrial, he could not see why industrial would be upset with having commercial next door. Mr. Janku explained there could be conflicts of use such as parking and noise.

Mayor Hindman opened the public hearing.

There being no comments, Mayor Hindman closed the public hearing.

B372-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B380-03 Authorizing construction of water main serving Norbury Hill Subdivision; providing for payment of differential costs.

The bill was given second reading by the Clerk.

Mr. Beck explained this would authorize the payment of differential costs for installing approximately 1,025 feet of eight inch water main to serve Norbury Hill Subdivision. The estimated cost of $5,207 would be paid out of Water and Light funds.

Mayor Hindman opened the public hearing.

There being no comments, Mayor Hindman closed the public hearing.

B380-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

(A) Voluntary annexation of property located on the south side of St. Charles Road, approximately 120 feet east of Elderbrook Drive.

Item A was read by the Clerk.

Mr. Beck noted that the site consists of approximately 4.5 acres and is located east of the present City limits. The request is for permanent R-1 zoning. The site consists of three parcels of ground with each containing a single family residential unit. The property is accessible off of St. Charles Road. The corresponding ordinance will be introduced later this evening.

Mayor Hindman opened the public hearing.

There being no comments, Mayor Hindman closed the public hearing.

(B) Voluntary annexation of property located on the north side of Thompson Road, between Cotton Wood Drive and Spring Cress Drive (5513 Thompson Road).

Item B was read by the Clerk.

Mr. Beck noted an ordinance for introduction following the public hearing. The property consists of approximately 1.6 acres with the applicant requesting R-1 zoning. Existing on the property currently is a single family dwelling with access off of Thompson Road.

Mayor Hindman opened the public hearing.

There being no comments, Mayor Hindman closed the public hearing.


B374-03 Approving the final plat of Boone Quarry, Plat No. 3; granting a variance to the Subdivision Regulations regarding sidewalk construction; authorizing a performance contract.

The bill was given second reading by the Clerk.

Mr. Beck explained this to be a 6.7 acre tract of ground in northwest Columbia. The variance request is for a sidewalk along Stadium Boulevard. The Commission recommended approval of both the final plat subject to the applicant setting aside a 50-foot wide right of way easement for Stadium and the variance request.

Larry Moore, CEO of Con-Agg, owner of the tract, explained they would be developing the property for offices and other industrial type uses. He stated they would have no problem dedicating the 50-foot right of way, but did have a concern about the sidewalk. To his knowledge, there are no sidewalks any where on the full length of Stadium Boulevard. Mr. Moore also pointed out that since there are no homes on their side of the road, the sidewalk would not be used. The sidewalks would be a maintenance issue for them as well as a waste of money. Mr. Moore indicated that if at some point in the future the City decides to build sidewalks all along Stadium and tax bill the property owners, they would have no objection to that.

Although it is true that there are no houses at this point and it is hard to see where the foot traffic will come from, even with the park nearby, Mayor Hindman commented that somebody had to be first. Mr. Moore replied that it could all be done at once by tax billing. Mayor Hindman indicated he would like to be assured that when the time comes that a sidewalk is needed, Con-Agg would build it without the City having to deal with the tax bill process. Mr. Moore said they would have no problem with that if all the other sidewalks were being built on Stadium. He added that whenever a community need is demonstrated and the Council decides it is time to build sidewalks on Stadium through tax billing all of the property owners, they would not object. He said they may, however, want to take advantage of the tax bill situation at that point. In addition, Mr. Moore felt the first sidewalk built should be on the other side going to the Mall since there is a neighborhood on that side of the road. He stated that they do not object to doing their part, but feel this is something that would never be connected and would have to be taken out and replaced before it is ever used.

Mr. Ash did not see where a variance would apply in this situation.

Mr. Janku noted that there are some users in the area, such as the golf course users, but agreed it would not be used a lot in the short term.

Mr. Hutton understood the arguments, but said he did not think anyone could tell Con-Agg at this point where to put the sidewalk, at what elevation, and at what width because of the unimproved street. Mr. Patterson replied they would assume the width would be five feet because that is the standard, but that would be about as far as they could go at this point. He said they could probably make some recommendations back off of the right of way, but thought the probability of there being significant removal at the time of improvement would be high. Mr. Hutton explained that when the street is built, the sidewalks would be torn out. He pointed out that the street is very apt to not remain at its current elevation. Although it would be usable for now, he felt it would be a waste of $22,000 because it would get torn out when the street is built.

Mr. John pointed out that sidewalks are usually put in after the curb on a curb and guttered street. He did not like the reasons given for putting in the sidewalk or the idea of setting a precedent. He thought several parcels along Stadium would redevelop fairly quickly and at that point he suggested we start requiring sidewalks. He felt this would set a precedent saying the City does not know where the sidewalk is going to go. In addition, Mr. John remarked that if the City had to build a sidewalk from this point to the Mall, it would drain the sidewalk budget for the next ten years. He also pointed out the City would have to build sidewalks through Cosmo Park and the golf course.

Referring to the commercial development going in along 763 and Vanderveen, Mr. Janku noted that they put the sidewalk in relatively close to the building and off of the street. He said if they are going to be building offices in this situation, perhaps the sidewalk could be set back from the street so they would not have to be torn out. Mr. Patterson responded that they have put in some meandering sidewalks on Vawter School Road relatively far back from the section of roadway which he doubted would be touched if the road is widened. He said when not knowing what the standards will be, it would be difficult to ensure that sidewalks would not be torn out.

Mayor Hindman noted that the staff recommended denying the variance.

Mr. Ash felt Stadium was not a road that anyone should be crossing or walking on and for that reason he felt a sidewalk would make sense in this location.

Mr. Ash made the motion that they amend B374-03 by removing the sidewalk variance. The motion was seconded by Mr. Janku and defeated by voice vote.

Mr. Janku asked what authority the Council would have in the future if this is approved with the variance. Mr. Boeckmann explained that granting the variance would not prevent the Council from tax billing it at some later point. He pointed out that this is a MoDOT maintained road which complicates matters somewhat.

B374-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B376-03 Authorizing a development agreement with Drew Properties, LLC for construction of street improvements at the Oakland Gravel Road, Brown School Road, Roger I. Wilson Memorial Drive intersection.

The bill was given second reading by the Clerk.

Mr. Beck noted that this is a companion ordinance to B377-03, both dealing with a major project in northeast Columbia.

Mr. Patterson pointed out that this project has been in the works for many years. He felt everyone now recognizes the importance of making the improved connection for the Fairgrounds, connecting Arcadia Subdivision to Oakland Gravel and to provide additional access to a rapidly developing area of the community. The developer of Arcadia, Drew Properties, has been working very closely with the City to try to come up with a proposal equitable to all parties in accomplishing common goals. Mr. Patterson explained that the agreement is essentially a ratification of actions the developer has already taken on his own. They have acquired the necessary easements of dedicated property and designed the roadway system. The only easements they were not able to acquire were the ones off site, which the City is responsible for acquiring. Furthermore, Mr. Patterson pointed out the developer has agreed to pay half the construction cost and up to ten percent in contingencies that may be necessary for change orders if approved by both parties. At the public hearing in July the project was described to include the relocation of part of Roger l. Wilson Drive to make it a through street with Oakland Gravel Road, construction of the remainder of Brown School Road from where it ends in Arcadia to the intersection, construction of an intersection that would allow for five lanes of traffic from the intersection to the ramps on 63, and an intersection design that would allow for full signalization at some point in the future. The project will also include construction of a sidewalk connecting the south side of Brown School Road sidewalk where it currently ends to the sidewalk on the west side of Oakland Gravel south of the intersection. It also includes a sidewalk on the east side, from where it currently ends, up to the cul-de-sac. This is to allow a sidewalk connection to the properties that would remain along the abandoned Oakland Gravel Road. Oakland Gravel Road, where it currently exists, would terminate in a cul-de-sac serving those properties that would be left on the east side. Mr. Patterson explained that because the bids came in significantly higher than the agreed funding for the project, staff met with the developer, his engineer, and the low bidder to discuss ways the cost might be brought back to the budgeted amount without severely diminishing or impairing the functionality of the project. The most feasible and effective way of doing this is to prepare and put in a new asphalt overlay on the north 800 feet of Roger I. Wilson Drive making it serviceable, but not improving it to curb and gutter sections. Mr. Patterson indicated it could then be addressed for improvement as part of a future project, possibly a County or developer project. The remaining sidewalks not included with this project would all be put in as part of development. He noted the property the project currently abuts is unplatted. Even though some sidewalks are being put in, the normal development procedures would be followed at which time the other improvements would be made with the platting and development of the land. The method by which they propose to reduce the contract amount would be to award the contract to the low bidder - APAC of Missouri for $996,377, and then immediately issue a work order that would substitute the overlay for the improved section of the north 800 feet. This would bring the contract amount down to $871,379. The contractor and the developer are in agreement with this approach. Staff recommends that first the development agreement be approved in order to obligate all parties for funding the project, and then the contract with APAC as specified in the memo be approved by the Council.

B376-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B377-03 Confirming the contract with APAC-Missouri, Inc. relating to the Oakland Gravel Road, Brown School Road, Roger I. Wilson Memorial Drive intersection project.

The bill was given second reading by the Clerk.

Mr. Patterson explained this to be the contract award itself to the previous companion bill. He noted they are hopeful to get an early start on the project in the spring so the work could be completed next year.

B377-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B384-03 Amending Chapter 16 of the City Code as it relates to panhandling.

The bill was given second reading by the Clerk.

Mr. Beck explained that following a report to the Council regarding aggressive panhandling, the Council had asked that an amendment be prepared to the current ordinance. He explained the additions and deletions to the existing ordinance.

Mr. Boeckmann explained, under the First Amendment, one is allowed to impose reasonable regulations on time, place, and manner. He noted this would add the time element and more detail on aggressive panhandling. The current ordinance, he explained, is a general prohibition of aggressive panhandling.

Carrie Gartner, 11 S. Tenth, spoke on behalf of the Columbia Special Business District. She felt they were asking for something very reasonable - for people to be able to come downtown to shop and eat out or go to work without fear of aggressive behavior and without fear of intimidating behavior. She noted the current ordinance does not specify what behaviors are aggressive. Ms. Gartner remarked that they support the amendments because they preserve rights of free speech while making sure aggressive and intimidating behaviors would stop. If passed, she reiterated, her organization has planned an educational campaign that would focus on the customer and how to solve the problem. She said this is not about spare change, but real change. Ms. Gartner pointed out that there are organizations in town that feed, house, and nurture people and stated her organization's goal is to make sure that people look to the these organizations as a better place to put their money instead of putting a few dollars in someone's hand. She asked everyone from the downtown group to stand in support. Approximately one dozen people stood.

Lana Jacobs, 913 Rangeline, St. Francis House, stated that they have no problems with statements presented by the downtown business people. She said they understand their frustration because they feel the same frustration. Their frustration comes with a mental health system that does not work. Ms. Jacobs explained that the three people she believes this ordinance was developed for need to be under guardianship which she has worked toward for three years. There is an alcohol commitment law on the books in Missouri, which, she noted, is almost never used. In her 20 years working with people on the streets, she has seen it used three times. She stated that they have begged Mental Health to use it. She said they have asked for guardianships where they have to pay $85 to file the application and have been working with the Mental Health Court to get it done, but there is not enough money in their budget for it. Ms. Jacobs explained that this ordinance is one more thing that the Police will have to do, and that it only transfers the personal responsibility out of citizens' hands. She indicated that it was a waste of tax money and that jail is not the proper place for these people. She noted that the three people brought to her attention by the downtown group are currently in the Boone County Jail. One was released last week, but was back within three hours. She explained that he has considerable brain damage from an accident he was in several years ago and that he needs a guardian. Ms. Jacobs remarked that they have been trying to help take care of him for eight years. She suggested giving the Mental Health Court money to file for guardianship cases and developing solutions through networking with the Mental Health Court and mental health services and groups that have relationships with homeless people. She asked the Council to vote against the ordinance.

Skip DuCharme, 24 S. Ninth, spoke in support of the amendment and said he believed the City has the facilities such as The Salvation Army and the St. Francis House to take care of these people, going under the presumption these people need food.

Leigh Lockhart, 28 S. Ninth, explained that she had initiated the petition to encourage the Council to pass a stronger ordinance because for seven years it has been a problem that has not changed. She agreed with Ms. Jacobs comments that significant reform is needed in the health care system. She said these gentlemen suffer from extreme mental illness and coupled with alcoholism, this creates a scary environment for people downtown. She passed around a photo of a man urinating off of a bench while lying in front of a store on Ninth Street. Ms. Lockhart explained that the current ordinance is difficult for the Police to enforce and the result is a climate in which these men feel comfortable making Ninth Street, in particular, their residence. She remarked how hard it is to see these men hurting the way they do, but at the same time, she stated it is hurting their businesses and creating a negative environment downtown.

Scott Southwick, 21 S. Ninth, remarked this is not an anti-homeless ordinance or anti-panhandling ordinance. It is just an ordinance to address the intimidation issue. He said it would be difficult to overstate the extent to which Ninth Street in the summer was taken over by these people.

Joy Omwaydo, 1020 Yale, spoke as a downtown customer in support of the amendment. She wanted the downtown to be safe and pleasant.

Jamie Walters, 901 Rangeline, admitted there is a problem, but said the City will not be addressing it properly if they legislate these people into jail cells. Mr. Walters felt the demise of the can ordinance was not just selfish, but cruel. The repeal, he said, stripped the "lowly can picker" of a dignified earning and reduced him to "beggar" status. He was not surprised to find the number of people asking for change downtown increased. Mr. Walters pointed out that homeless shelters have not increased over the years even though there has been an increase in the number of residents in the community.

John Coffman, 1623 University, spoke on behalf of the Mid-Missouri Chapter of the ACLU, which he said has unanimously voted to oppose the proposed ordinance on the grounds it is a restriction on free speech. They support the appropriate enforcement of the current ordinance and believe the aggressive panhandling ordinance currently on the books is sufficient to handle any of the incidents that have been listed thus far. He felt it a sad testament if the goal is to restrict speech to the utmost possible amount. He asked if it was reasonable to adopt an ordinance that has so many particulars that it cannot be put on a downtown sign. Mr. Coffman felt the ordinance to be unconstitutionally over broad. He was certain there was a better way to do this and suggested directing enforcement would be a better solution.

Michael Ugarte, 1505 Windsor, spoke against the ordinance. Living very close to downtown and shopping in the area, he stated that he has been asked for money, but not in an aggressive manner. He could not think of a situation in which he has been the victim of an over-aggressive panhandler. He felt this was over legislation and commented that there are already laws on the books that prevent public urination and aggressive behavior of any kind. He believed Columbia to be friendly and open. He did not see this in the legislation and added that community needed to provide for these people as human beings.

Lisa Bartlett, 8 S. Ninth and 1033 E. Walnut, explained that she has two shops downtown. While moving into her shop on Ninth Street, she reported having been accosted by a person asking for money. After having told him no, he became verbally abusive and it had become very scary situation for her. She pointed out that the business owners are only asking for ten feet in front of the shops where someone could not bother the customers.

Josie Sullivan, 2105 Saratoga, also reported being verbally abused downtown by panhandlers and described a situation in which she was afraid to leave the business until the panhandlers were gone.

George Botick, spoke as a criminal defense lawyer, and questioned the constitutionality of the ordinance, if passed. He took exception with allowing free speech during day time hours, but prohibiting it at night. Mr. Botick felt there were laws already on the books to handle any situation that may arise. He suggested that the City has an enforcement problem.

John Donelon, 578 Grace Lane, commented that he does not shop downtown in order to avoid being accosted by beggars.

Maureen Doyle, no address given, explained that she had worked at The St. Francis House for several years. She thought the men would not be able to remember all of the restrictions listed. She said these people have alcohol problems, head injuries, schizophrenia, and other major illnesses which make them non-responsible.

John Clark, 403 N. Ninth, stated that the ordinance was a bad idea and suggested that the issue be tabled and referred to a group, such as the Judicial Law Tax Force, better equipped to deal with this multi-faceted problem.

Ms. Crayton suggested the Council follow Mr. Clark's idea of tabling the issue and referring it to the task force mentioned. She pointed out that mental illness is a serious problem and that these people should not be put in jail or back on the streets to manage themselves. She suggested finding the responsible parties and finding funds for the Mental Health Court in order to provide help to these people.

Mr. John explained the City had passed a law and was then told it was not specific enough to be enforced. He said it is still one law, but with this it would list specifics so it can be enforced. Mr. John felt this was about public safety. He agreed that there are people who suffer from mental health problems who will not know about or understand the law, but said the City does not run the mental health system. He said the City does not have that tool, but does have the tool to ensure the health and safety of the people who are shopping downtown. He pointed out that the only thing that pays for government services for mental health, police, etc., is people buying, working, shopping, and paying their taxes. They have been told this will help the City enforce the rules and make the downtown streets safer.

Mr. Hutton agreed with Mr. John and said it was true that the City has very little control over the mental health system, but asked why both could not be accomplished - compassionately. He suggested contributing to the mental health fund, which would allow the guardianships Ms. Jacobs spoke of, in addition to passing the ordinance.

Mr. Janku pointed out that the City has a social services budget which does put money into certain programs related to alcohol treatment. He agreed there was not enough money to address every problem. He noted that a lot of this is federal constitutional law that says certain people cannot be put in treatment or put in prison unless there are a danger to themselves or others. Filing a petition in court for $85 does not mean someone would be given the authority to put someone in confinement. Mr. Janku pointed out that the City has been trying to address these concerns from the social services side for a number of years. After a decision was made this evening, he was hopeful people could come together and figure out how to work in unison. He said the Council could make sure, as they move forward with future budgets, that this issue be considered for available funding.

Mr. Loveless agreed that they could not fix the mental health system, but might make a contribution. He refused to believe that removing aggressive panhandlers from the streets represented an unkindness. He stated that his commitment to his position was for all of the citizens of the City, at the expense of a few who are aggressive panhandlers. He said he would vote so the majority of Columbians would feel safe walking up and down Ninth Street.

Mr. Ash felt police officers to be better equipped to deal with mentally unstable people than private citizens themselves. He understood the problem would not go away with passage of the ordinance, but said he did not see why we could not do some of the other things as well to make it better.

Mayor Hindman pointed out the Downtown Association indicated passage of the ordinance would be coupled with an active learning program to keep people from giving money to the panhandlers. He suggested the Downtown Association approach the Mental Health Court to see what could be done in a cooperative way to ensure a permanent fix.

B384-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, JANKU, HUTTON, LOVELESS. VOTING NO: CRAYTON. Bill declared enacted, reading as follows:

B385-03 Authorizing the issuance of special tax bills against seven parcels within the Grasslands Addition benefit district; cancelling the special assessment and tax bill against a small parcel of land in the Grasslands Addition.

The bill was given second reading by the Clerk.

Mr. Beck explained that this bill would make adjustments to the previous ordinance which provided for special assessments.

Ed Orr, an attorney with offices at 28 N. Eighth, explained that he previously sent a letter to the Council outlining an argument on behalf of his client, the Grassland Development Company, LLC. The Company owns parcels in the Grasslands and is being taxed according to the original ordinance passed by the Council. His client is prepared to pay six tax bills without any contest and have asked for relief on six others for which they have been billed. The six bills in question have to do with a six-plex that is the only six-plex apartment/condominium parcel located in the Grasslands. Mr. Orr noted this had been discussed by the Council under reports at which time no public comments were taken. His clients are arguing the fairness of being tax billed as individual condominium units, as they were listed and subdivided many years ago. He noted this has always been owned as a single apartment unit complex. By granting, under the proposed ordinance, a relief for a 43 foot sliver, Mr. Orr felt the Council was taking the position that it is okay to grant relief for a small portion that is owned by someone who lives next door and owns two parcels. He proposed a partial reduction of the six tax bills to two tax bills. He questioned the intent to use the money raised by the seven new assessments for development of the park. He thought everyone may have been over taxed.

Mr. John explained that the party who owns the 43 foot sliver actually owns two lots with a misplatted sliver in between them with a house built over it. He said the owner is still paying for two parcels because it is a single house built on two lots. To give relief in this case, Mr. John felt would mean relief should be given to the duplexes that have been turned into condominiums. The fact that the property was split initially as a tax relief effort years back, to avoid paying higher taxes, was not a strong argument as to why they should be given relief today. He did not feel it would be fair to the other condo owners who own two or more parcels in the area. Mr. John thought these should be taxed at their individual rates.

Mr. Hutton asked if there are some duplexes that were not made into condominiums that are one parcel. Mr. John was not sure, but thought there probably were some that have always been one lot, one parcel, one duplex.

Mr. Ash pointed out that the Council arrived at this decision because they were trying to be fair to everyone else who has already paid.

Mayor Hindman agreed on the fairness issue.

Mr. Boeckmann addressed the primary legal issue - - is the property specially benefitted in the amount being taxed. If the Council feels it is benefitted in the amount being assessed, there should not be a legal problem.

Mayor Hindman said each one is individually owned and can be sold. If they are sold, the benefits of the park would go along to the new owner.

B385-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B389-03 Authorizing agreements with the Columbia School District relating to playground improvements at Parkade Elementary School and West Boulevard Elementary School.

The bill was given second reading by the Clerk.

Mr. Beck explained that when it was discovered CDBG monies could not be used for Parkade Elementary School playground improvements, a request had been received from West Boulevard Elementary School asking that they be considered for participation in the City/School playground improvement program. If approved, the ordinance would amend the Agreement for Parkade School (deleting all provisions relating to the use of CDBG funds) and would authorize a new agreement with the School District for the West Boulevard project using CDBG funds. $15,000 in public improvement funds included in the FY 04 budget would be allocated to the Parkade Elementary project. Each agreement provides procedures for implementing the playground improvement project and assures that the playgrounds will be open for public use.

B389-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:


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

B373-03 Approving the Final Plat of Eastport Gardens Plat 1; authorizing a performance contract.

B375-03 Appropriating funds to purchase a video camera surveillance system as part of the Missouri State Homeland Security Grant Program.

B378-03 Authorizing Change Order No. 1 to the contract with Emery Sapp & Sons, Inc. relating to the Forum Boulevard water main relocation project.

B379-03 Confirming the contract with Sterling Excavation, Inc. for construction of a water main along Kircher Road, between Dusty Rhodes Lane to Mount Hope Road.

B381-03 Appropriating funds received from the sale of excess SO2 allowances for the repair of Boiler #7.

B382-03 Accepting conveyances for utility purposes.

B383-03 Amending Chapter 15 of the City Code as it relates to the power of the municipal judge to grant parole or probation.

B386-03 Accepting a grant from the Department of Health and Human Services for the Medical Reserve Corps Demonstration Project; appropriating funds.

B387-03 Amending the FY 2004 Pay Plan, the Classification Plan and the 2004 Annual Budget relating to personnel in the Health Department.

B388-03 Appropriating donated funds to the Special Olympics Program.

B390-03 Appropriating funds for the purchase of an Interactive Voice Response System (IVR) and phone system upgrade.

R252-03 Setting a public hearing: voluntary annexation of City owned property located at the western terminus of Manhasset Drive, south of Smith Drive.

R253-03 Setting a public hearing: construction of water main serving Deer Ridge, Plat 2.

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


R254-03 Authorizing a preliminary agreement with United Health Care Insurance Company to administer the City's Employee Health Care and Dental Plans.

The resolution was read by the Clerk.

Ms. Buckler explained the preliminary agreement was before the Council to get the process moving. She said the final administration agreement will be presented to the Council after it is complete, reviewed, and approved by the Purchasing Division, the Law Department, and Human Resources. She noted that employees would be attending meetings this week to discuss the plan. Coverage will remain the same, but access to physicians some are currently seeing may be out of network. She said they are trying to mitigate that by marketing directly to those large groups that are not in the new network. Ms. Buckler pointed out that the plan could save the City $1.5 million over the next two years. This would set things up for a January 1 conversion.

The vote on R254-03 was recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R255-03 Approving the Preliminary Plat of Yellowstone Subdivision, Plat 1.

The resolution was read by the Clerk.

Mr. Beck explained this to be a 23 ½ acre tract located in northeast Columbia which would create 70 R-1 zoned lots. Approval was recommended by both the staff and the Commission.

Mr. Ash commented that reading through the Commission minutes he noted a remark about the pointlessness of the letter from the School District. The letter states which schools would be affected, but does not state any impact on them. Mr. Ash stated that he would like to see the specific question addressed or would like to skip this step altogether. Mr. Janku explained that the schools wanted to be kept advised as to where new subdivisions were going in. Mr. Ash did not mind notifying them, but saw no point in including their response.

Mr. Ash commented on the long, straight streets, Sandrock Drive and Kelsey Drive. He was concerned about speed, but thought it was probably more expensive to build in curves. He asked if the City tried to limit too long and too straight streets. Mr. Hutton noted that Kelsey Drive is a problem because it is a cut through. Mr. Ash asked if there was a policy. Mr. John responded at one point there was an emphasis to go to curvilinear streets to cut down on such streets. He thought it had been more of a pattern they were trying to encourage rather than policy. Mr. Dudark stated there is no hard and fast rule on the length of the street, but noted that they do encourage curvilinear streets. He also stated that they do try to leave some discretion to the subdivider. He thought it may be possible to curve Sandrock to the east so it does not continue on like Kelsey Drive.

Mr. Hutton asked if Sandrock Drive is the long, straight street that is dead ending at the west into Indian Hills Park. Mr. Dudark replied that was correct. Mr. Hutton then asked about the purpose. Mr. Dudark explained that there is a fairly large tract coming off of Route PP and Mexico Gravel to the northwest and if there is ever a need to try to alleviate some of the traffic in the area, he said it would be possible to make a connection between this subdivision and the one just through the corner of the park, north of the park.

The vote on R255-03 was recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R256-03 Approving Preliminary Plat No. 3 of Hunters Gate; granting a variance from the Subdivision Regulations relating to street width.

The resolution was read by the Clerk.

Mr. Beck described this as 24 acres in north central Columbia which would create 64 A-1 lots. He pointed out it would provide for a street width variance on North Providence which he noted is consistent with what has been done in that area. Approval was recommended by both the staff and the Commission.

Mr. Janku noted that park land is needed in this area and asked for an update from the Parks and Recreation Department in regards to the efforts that have been made to identify a park site for acquisition or donation in this general area. The report also noted that the construction of Blue Ridge was scheduled tentatively in 2004 which Mr. Janku commented was theoretically supposed to have been done in 2003. He also asked for an update on the construction of Blue Ridge and Garth Avenue.

In the Commission report, Mr. Ash noted that several things had been mentioned as needing to be cleared up and asked if everything had been taken care of. Mr. Dudark replied that the issues have been resolved and that he had a letter from Central Electric approving the preliminary plat.

The vote on R256-03 was recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:


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

B391-03 Voluntary annexation of property located on the south side of St. Charles Road, approximately 120 feet east of Elderbrook Drive; establishing permanent R-1 zoning.

B392-03 Voluntary annexation of property located on the north side of Thompson Road, between Cotton Wood Drive and Spring Cress Drive (5513 Thompson Road); establishing permanent R-1 zoning.

B393-03 Rezoning property located on the east side of Scott Boulevard, approximately 140 feet north of Bethany Drive from R-1 and R-2 to PUD-9.

B394-03 Vacating street right of way southeast of the Old 63/Chinaberry Drive/Bearfield Road traffic circle.

B395-03 Amending Chapter 14 of the City Code to remove parking on the north side of Campusview Drive from UMC Drive west to its terminus at Carter Lane.

B396-03 Calling for bids relating to the construction of the sanitary sewer extension project at Columbia Regional Airport.

B397-03 Vacating a sanitary sewer easement; accepting conveyance for sewer purposes.

B398-03 Accepting conveyances for drainage, sewer, sidewalk, street, temporary construction and utility purposes.

B399-03 Authorizing construction of water main serving Deer Ridge, Plat 2; providing for payment of differential costs.

B400-03 Authorizing a Right of Use Permit with the Curators of the University of Missouri for the construction, operation and maintenance of a pedestrian/bicycle trail.

B401-03 Authorizing an agreement with lake of the Woods South, LLC to accept the donation of land in Lake of the Woods South Subdivision for park purposes.

B402-03 Appropriating SEMA FY 2003 State Homeland Security Grant Program funds for the purchase of personal protective and rescue equipment for the Police Department.

B403-03 Authorizing issuance of a building permit to the Landrum Company to allow the construction of structures in a utility easement; approving a waiver of claim and indemnity agreement.

B404-03 Opting out of the 2004 state sales tax holiday.


(A) 311 non-emergency call system.

Mr. Beck noted that most cities that have implemented a 311 system in addition to the 911 system are larger cities than Columbia with the closest in size being 140,000. In that particular City, he said it cost over $100,000 to start the program. During the budgeting process this year, he explained that he discussed answering services for weekend calls with the Finance Director and that he had budgeted money to implement a program. He said the program would be completed in phases with the first to begin next February. Proposals will be taken and each department will be outlining questions that would need to be answered during off-hours. He felt the new system, operating during off-hours, would be customer friendly.

Ms. Hertwig-Hopkins explained that the number the City currently has, which is answered at the front desk of the Daniel Boone, is fairly easy to remember. She said if the Council chooses to use a vanity number, they have reserved 874-CITY. After hours and on holidays and week-ends, the answering service would pick up calls at the same number.

Regarding the 311 system, Mayor Hindman asked about the expense. Ms. Hertwig-Hopkins explained there are two different ways to look at it; the translation system and a selective routing system. The reason the selective routing system costs so much money is because there is a certain amount of equipment that must be purchased and dedicated trunk lines that would be coming into a separate physical location.

Mayor Hindman thought people wanted to be able to call one number and be transferred to the proper place and be assured that everything would be taken care of. He asked if people starting calling "the easy to remember number" if that is what would be accomplished. Ms. Hertwig-Hopkins replied that they could start by more broadly marketing the 874-7111 number currently used. She indicated that number is not widely marketed and not widely known by the general population of Columbia because the City has multiple non-emergency or information types of hot lines. If we were to go to a 311 system -- the translating routing system -- we would have to pay for the switching equipment from the telephone company and there would still be a monthly fee involved. She referred to the translating system as a hybrid between what we have now, broadly marketed, and having a true 311 system. When they looked at a number of other cities that have gone to a 311 system, she said they phased it in over a period of time, starting with a call volume analysis. They looked closely at how many non-emergency calls they were getting from all the different non-emergency stations, lines, or departments in their municipality. They then looked at their funding sources.

If everyone started calling the 874-7111 number for everything, Mayor Hindman asked if that would overwhelm the system causing people to get messages rather than a person. Ms. Hertwig-Hopkins could not answer that question because no base line information exists, city-wide, as to how many non-emergency calls the City have been receiving. She said we have at least 12 non-emergency numbers people can call into, in addition to other administrative, non-emergency numbers. One of the suggestions is to track some of the calls, before marketing, in order to establish a base line of how many calls are actually received.

Mayor Hindman reiterated the need for calls getting to the proper destination when people are calling in with problems.

Mr. Janku asked about time lines and if we were trying to get something started to make the next phone directory. Ms. Hertwig-Hopkins said they could look into it.

Mr. Ash felt it would be fiscally prudent to use the phased approach. He suggested advertising our web site and the 874-7111 as a joint venture.




Mr. Ash commented on a rental property chronic nuisance ordinance which was brought up in the past and did not go anywhere. He said there is one from Iowa that might tackle the subject a little differently.

Mr. Ash made the motion that staff be directed to prepare an ordinance addressing the problems of nuisance parties which holds the property owner as well as the tenant responsible for reoccurring problems. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

Mr. Beck remarked that he had e-mailed the Big 12 cities regarding the off-campus situation. He said he had received at least seven responses to date that he would share those with the Council.

Ms. Crayton commented on the need for grant writing. She was interested in funds for expanding the C.A.R.E. Program to help the at-risk families and youth of the community. She was willing to work with a committee or group of people that know about affordable housing, mental illness, and etc. Mr. Janku pointed out that the Community Services Commission has the responsibility to evaluate the community's needs and that they have a budget to work with. He suggested she come up with a charge for them to work on. Ms. Crayton said she would try that instead of creating a new group. She asked that they be open minded in seeking out useful information. Mr. Beck added that the City has grant writing assistance, other than City staff, for which funds have been budgeted. He said that technical assistance could be provided to actually get the grant request written.

Mr. Janku reiterated his request for information on parkland in the area of the Hunters Gate Subdivision. He also requested an update on the Garth Avenue and Blue Ridge Road projects in regards to its progress and timing due to interest from a lot of the neighbors. In addition, Mr. Janku asked for a progress report regarding the Harmony Creek Water Shed Study due to interest in it as well.

Mr. Janku commented that the Council had a fairly productive meeting with the County Commission last week regarding the Fairgrounds. Because the Commission is interested in moving forward with the project and is in need of an endorsement from the City, he was hopeful the Council could discuss it soon so they could decide on what they want to endorse. Mayor Hindman suggested it be discussed during a Pre-Council meeting. Mr. Ash did not want the City's endorsement to be misconstrued as a financial commitment. Mayor Hindman felt it could be made clear that there were financing issues involved. Mr. Hutton saw it as two issues; endorsing the plan and the extent of City participation.

Mr. Hutton commented that he and Mr. Janku received a letter from Craig VanMatre dealing with the possible expansion or renovation of the concrete plant on Paris Road. He said they are asking for a change in Chapter 29 of the ordinances to permit emission restricted concrete plants. He noted that several staff members also received the letter and said he would like to see a response to the letter in regards to the issues involved - what it actually means and other alternatives to provide what they want, if there are any. Mr. Hutton made the motion that staff be directed to report back with a response. The motion was seconded by Mr. Janku.

Mr. Janku asked if one of the options might be to look at the planned zoning district they created a while back (M-P) as an appropriate location for any change as opposed to the open zoning. Mr. Hutton agreed.

The motion made by Mr. Hutton, seconded and amended by Mr. Janku, was approved unanimously by voice vote.

Referring to earlier discussions, Mr. Hutton felt Mr. Mendenhall should be asked to open Bull Run as quickly as possible. Because reference was made to promises that have not been kept, he asked that the staff make sure the subdivision is being developed in compliance with everything brought before the Council during the approval processes.

Regarding the chronic nuisance ordinance, Mr. Hutton stated that a group of citizens had worked hard on a proposal and had prepared a draft ordinance which they gave the Council for their contemplation. He noted the Council had not moved on that and thought they should.

Mr. Hutton made the motion that the citizens group be allowed a 10 minute presentation of their draft ordinance to the Council, either at a pre-Council work session or a general work session.

Referring to his motion regarding nuisance parties, Mr. Ash asked that they hear the pros and cons of both ideas at the same time. Mr. Hutton agreed to Mr. Ash's suggestion. Mr. Hutton replied that if they were going to discuss it at a work session they could do both at the same time. He asked that he be told ahead of time so he could notify the citizens group.

The motion made by Mr. Hutton, added to by Mr. Ash, was seconded by Mr. Janku and approved unanimously by voice vote.

John Donelon, 578 Grace Lane, reiterated his concerns about the Lake of the Woods area discussed earlier.

Chad Sayer, 7401 Fall Creek, an engineer with Allstate Consultants, explained that he has been involved with every aspect of the initial planning of the Lake of the Woods project. He pointed out that the project presented to the Council met subdivision requirements and added that the City controlled the number of units that could be developed. Mr. Sayer said the promises that were made were all kept. Regarding Bull Run, he said it was constructed as soon as it could be, with his clients paying a premium to make sure it was done. He noted that the Public Works staff had worked hand in hand in helping the Transportation Development District make sure the project did not happen in phases, but all at once. In his opinion, this was all being done in record time.

Tom Mendenhall, the developer, explained that he had tried very hard to work with the neighborhood in building the project. He noted that the plat was only approved this evening and added that they could not build roads until it was approved. He commented that they were not responsible for the dynamiting. It was south of them and was done in conjunction with a new sewer project. As far as the burning complaint, he said he found someone burning garbage south of the City. He said they did burn one brush fire during the entire time. In regards to Bull Run Drive, Mr. Mendenhall explained that MoDOT would not let them pour it first because MoDOT wanted St. Charles Road completed first. He was hopeful the final pour of the roundabout would be done in the morning, weather permitting.

John Clark, 403 N. Ninth, spoke for the Citizens Chronic Nuisance Property Abatement Ordinance Planning Group. He thanked the Council for voting to conduct a work session on the issues. He passed out copies of an explanation of the draft ordinance. Regarding the discussion about transportation issues and funding at the pre-Council dinner meeting, Mr. Clark encouraged the Council to look at the tax base before getting into funding issues. He said a different mix of sales taxes, property taxes, development charges, etc., may be a much better alternative. He believed the City was looking too much at sales tax as the avenue.

The meeting adjourned at 10:50 p.m.

Respectfully submitted,

Sheela Amin

City Clerk