M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI

SEPTEMBER 20, 2004

INTRODUCTORY

The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, September 20, 2004, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, and JANKU were present. The City Manager, City Counselor, City Clerk and various Department Heads were also present.

APPROVAL OF MINUTES

The minutes of the regular meeting of September 7, 2004, were approved unanimously by voice vote on a motion by Ms. Crayton and a second by Mr. Janku.

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA

Upon his request, Mr. Janku made the motion that Mr. John be allowed to abstain from voting on B308-04, B284-04 and B285-04. Mr. John noted he was the agent involved with the sale/development of the subject properties. The motion was seconded by Mr. Ash and approved unanimously by voice vote.

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

SPECIAL ITEMS

Mayor Hindman welcomed a visiting Chinese delegation, including Mayors, Vice Mayors, and high level officials from the Shandong Province in China. He explained their visit was coordinated by the University of Missouri Asian Affairs Center and that the group would be in town until January.

SCHEDULED PUBLIC COMMENTS

None.

PUBLIC HEARINGS

Mayor Hindman explained that all budget items would be read and discussed together, but would be voted on separately.

B273-04 Adopting the FY 2005 Budget for the Special Business District.

B274-04 Amending Chapters 13 and 22 of the City Code to increase sanitary sewer rates.

B275-04 Amending Chapter 12A of the City Code to establish an application fee for land disturbance permits.

B276-04 Amending Chapter 11 of the City Code relating to public health service fees.

B277-04 Amending Chapter 27 of the City Code relating to water and electric fee changes.

B278-04 Amending Chapter 27 of the City Code relating to water rates.

B279-04 Amending Chapter 27 of the City Code relating to electric rates.

B280-04 Repealing Ordinance 17838; establishing Parks and Recreation fees.

B312-04 Establishing new group insurance premiums for the employee health and dental care plans.

B313-04 Amending the Classification Plan and adopting the FY 2005 Pay Plan.

B314-04 Amending Chapter 19 of the City Code as it relates to personnel policies, procedures, rules and regulations.

B266-04 Adopting the FY 2005 Budget.

All bills were read by the Clerk.

Mr. Beck gave a brief overview of the $277 million budget for FY 2005 which would go into effect October 1, 2004. He also gave a summary of the proposed amendment sheet dated September 16, 2004.

Mayor Hindman reopened the public hearing for all budget related bills.

Brian Pape, 202 S. Glenwood, spoke on behalf of the Historic Preservation Commission regarding a proposed budget amendment for a neighborhood survey. He explained, if approved, this would be the first money applied to a neighborhood survey for the purpose of having an inventory of the historic structures in some of the City's older neighborhoods. The purpose of the Commission, when established, was to encourage historic preservation. He felt the first step toward that effort was to survey the neighborhoods. He noted a consultant would be hired to assist with the survey.

Regarding another issue, Mr. Pape stated he understood that it would take a special request to put money aside for the repair of brick streets. He commented that the Commission encouraged the restoration of existing exposed brick streets and offered its assistance in obtaining that goal.

There being no further comments, Mayor Hindman closed the public hearing on all budget related items.

Mayor Hindman made the motion that B266-04 be amended per the amendment sheet. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

Mr. Ash made the motion that B314-04 be amended per the amendment sheet. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

B273-04 was read with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B274-04 was read with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B275-04 was read with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B276-04 was read with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B277-04 was read with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B278-04 was read with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B279-04 was read with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B280-04 was read with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B312-04 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B313-04 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B314-04, as amended, was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B266-04, as amended, was read with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B281-04 Rezoning property located north of Vandiver Drive and south of Pioneer Drive, west of Woody Lane, from R-1, A-1 and O-P to C-P.

The bill was given second reading by the Clerk.

Mr. Beck described this 27 acre tract as being near the relatively new Interchange of Vandiver Drive and U.S. 63. The proposed planned commercial usage for this area was recommended by the Planning and Zoning Commission by a 5 to 4 vote with some restrictions. The restrictions were that the uses be consistent with C-3 uses, with the exception of halfway houses, farm machinery sales, drive-in theaters, machine shops, and outside retail sales. In addition, there was to be a 100 foot buffer along Pioneer Drive with no vehicular access onto Pioneer Drive from this development.

Mr. John asked about the width of the buffer. Mr. Bondra explained the recommendation was that the buffer be a maximum of 100 feet. It could be anywhere from zero to 100 feet. Mayor Hindman thought the ordinance stated 100 feet. Mr. John asked that the width of the buffer at 100 feet be illustrated on the map projected on the overhead. Mr. Bondra explained the map was scaled so that one inch equaled 500 feet. Mr. John stated he was trying to figure out if something would be built in the long swing, parallel to Pioneer, from the drive coming off of Mexico Gravel. Mr. Bondra replied that he did not think anything would be built in that area.

Mayor Hindman opened the public hearing.

Curtis McDonald, Manager of CenterState Properties, stated that his intention was to make the buffer exactly 100 feet since that was the standing agreement they had with the neighborhood association. He noted that part of the Commission's recommendation was that there be no outside sales. He explained it had actually started out as no outside storage, but when it was worded, it was changed to no outside sales. He was agreeable to no outside storage, but did not want to eliminate the potential for outside sales. He noted that there might be times when the stores would want to have a sidewalk sale, which, he felt, was a festive and natural part of the retail environment.

Mr. McDonald commented that the entire property was designated commercial in the 2020 Master Plan. He explained that there was a greater demand for retail uses than office uses in the City of Columbia. In regard to concerns about traffic at the Planning and Zoning level, he recalled three traffic studies they had completed. He commented that the studies were done for every possible scenario, including 100% retail development of the entire site. The bridge and ramps at Vandiver and Highway 63 were already sized and partly built to accommodate any possible traffic impact. He noted they spent money on infrastructure to build for any possible contingency and felt this was one of those contingencies. He also pointed out that a traffic study would be required before they could get a site plan approved. He noted that Vandiver was already graded and all of the stormwater improvements were in place to be widened. Mr. McDonald stated the cost of widening Vandiver to five lanes and widening the bridge to six lanes was approximately $750,000, which he felt was a minor expense when considering the scope of the project. It was something they could easily undertake should the traffic study demonstrate the need to widen both before developing the north side of the property. He noted that more retail sales on the site would be generated, which would quickly pay down the outstanding TDD notes to both the City and the developer and pave the way for the other road improvements that were needed in this area of the City.

In regards to outside sales versus outside storage, Mr. Hutton asked if he was saying that outside sales would not be a normal occurrence and that it would be something like a sidewalk sale, not just stacking all landscaping items outdoors and leaving them there 24 hours a day. Mr. McDonald replied that was correct. They would like the opportunity to have a sale outside, if the situation presented itself. He added that they wanted every retail establishment to plan ahead to accommodate for their own storage. Mr. Hutton asked about the other suggested buffer areas at Planning and Zoning. He thought they discussed the area between the R-2 zoned property to the west and the green area shown on the map. He assumed that to be outside this rezoning request. Mr. McDonald explained that property was owned by the adjacent property owner and was currently vacant. Mr. Hutton noted, as part of the C-P development plan, they would have to provide screening from residentially zoned property. Mr McDonald understood that to be the case and added that they had a lengthy discussion about it. In addition to the buffer strip, he noted they had a power line easement, which ran on their property, adjacent to the strip, and provided an additional setback. There would also be a substantial grade change between the property to the west and their property once they graded their site. Mr. Hutton understood the blue R-1 portion south of Pioneer to be the church site. Mr. McDonald replied that was correct and added they had talked to them well in advance to make sure they were okay with everything. He stated they had not gotten back to him, but they had gotten in touch.

Mr. Ash noted the staff report mentioned private covenants, but there was no documentation of those covenants. Mr. McDonald had a list of covenants with him for the property to the south. Mr. Boeckmann pointed out those were not in the current ordinance and added that they would have to amend the ordinance to put them in. Mr. McDonald explained that they had taken the list of prohibited uses from Bass Pro Shops and put it in place as restrictive covenants for the property between Vandiver and 63. He stated that they were willing to carry it forward to the north, with a couple of strike outs. He said he would strike out any recreational center which was larger than 5,000 square feet because they anticipated the possibility of a fitness center, which might be construed as a recreation center and would be larger than 5,000 square feet. In regards to the restriction stating no living quarters would be allowed, other than a hotel, he explained that there might be an instance, if they developed some sort of town center type retail, for retail below and residential above. He noted that they would not go forward with that unless they had the permission of the neighborhood association.

Mayor Hindman did not object to the idea of the residential and commercial coming against each other and stated that he thought the buffer would work pretty well. He thought the idea of having the mixed use with living quarters above the shops in the town square would be a wonderful addition to the neighborhood. He noted the back ends of some of the big retail places were pretty unattractive and usually no efforts were made to make them compatible with the neighborhood. He stated he would like to see some mixed use and some non-motorized access between the neighborhood and the retail area. He felt this area could provide employment for the residents and they needed a way to get back and forth. He noted the power line easement would be a great place for some sort of a connector/pathway between Pioneer and Vandiver. Mr. McDonald replied that when the project design was completed, there would be obvious places where one could punch through pedestrian access. In some places there would be problems with grade changes, but those could be worked out. He thought it was a great idea and said he would bring it up with the neighborhood association to see if they felt it was something that would benefit them. He felt the power line area would be of less interest to the neighborhood, but stated he would discuss it with them. Mr. McDonald noted that there was a potential for mixed use on the east side, but added that currently only the larger format retailers were looking at the sites.

Robert Swearingen, 2908 E. Henley Drive, spoke for the Mexico Gravel Neighborhood Association in favor of this particular zoning. He stated that they proposed to the developer, at their first meeting, that there be office zoning to the east of Henley Drive and total commercial to the south of Pioneer, with none of their roads connecting with the developments roads for vehicular traffic. Due to the nature of Pioneer, their houses actually faced south and would overlook the development. He also explained that they asked for a buffer, assuming it would be 30 feet, but were offered 100 feet. Everyone of their expectations thus far, he noted, had been met. Mr. Swearingen also noted their property values were increasing and they could not find any problems with this development. He felt the developer had done everything asked of him by both the neighborhood association and the City. Mr. Swearingen considered the 100 feet of buffer along Pioneer more than adequate to protect the neighborhood. He also thought the trails and bike paths were good ideas.

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

Mr. Ash noted the buffer issue was resolved, but they still needed to decide on the outside retail sales versus the outside retail storage issue and whether they wanted to add the covenants. Mayor Hindman indicated he would want to exclude the covenant preventing mixed use. Mr. McDonald provided Mr. Boeckmann with a list of the twenty-two covenants. Mr. Boeckmann read each for the Council to voice their opinion. The result was that all of the items except numbers 2, 4, 11, part of 15, 16, 21, and 22 were to be added to Section 1 of the ordinance.

Mr. Hutton made the motion that B281-04 be amended by changing outside retail sales to outside retail storage and by including items 1, 3, 5, 6, 7, 8, 9, 10, 12, 13, 14, the part of 15 that states "a truck stop, car wash, automotive service or repair business", 17, 18, 19, and 20 in Section 1 of the ordinance. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

B281-04, as amended, was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B302-04 Authorizing construction of water main serving Timber Ridge, Plat 2; providing for payment of differential costs.

The bill was given second reading by the Clerk.

Mr. Beck described the project as being 855 feet in length with the line being 8 inches in diameter. Water and Light funds would be used to pay the differential in cost between a six and eight inch line. The cost was estimated at $3,625.05.

Mayor Hindman opened the public hearing.

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

B302-04 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B306-04 Calling for bids for the restoration of the porch at the Blind Boone Home.

The bill was given second reading by the Clerk.

Mr. Beck explained the work would consist of the removal of the existing porch structure, rebuilding it, and salvaging the materials. An alternate bid was being proposed for the windows and doors. The estimated cost was $20,000 with the alternate amount being $10,000. Two grants, he explained, would support most of the expense. Funds left over from a previous project would also be used to finance the project.

Mayor Hindman opened the public hearing.

Eric Rozelle, Peckham & Wright Architects, 15 S. Tenth Street, explained that they had been the architect for the project since its outset in 1998. The end result of the project was intended to be more of a fund raising piece to get the public motivated and interested in the project.

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

Mr. Ash understood the existing porch to be concrete. Mr. Rozelle replied that was correct. Mr. Ash asked if the concrete had to be torn out or if the wood could be placed over it, providing a stronger support. Mr. Hutton noted they might have problems building over the top. Since they did not know what kind of footings were underneath the concrete porch, it could move. When they rebuild it, they would be putting in cross footings and build brick columns. This would give them a better product than building on top of the old porch.

B306-04 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

(A) Voluntary annexation of property located on the southeast corner of U.S. Highway 63 and Oakland Gravel Road.

Item A was read by the Clerk.

Mr. Beck described this as a 9.8 acre tract located north and east of the City limits. The applicants were requesting C-P zoning. The petition indicated the parcel was contiguous to the City. He noted an ordinance would be introduced later on the agenda.

Mayor Hindman opened the public hearing.

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

OLD BUSINESS

PR179-04 Establishing a policy governing the use of Attraction Development funds.

The resolution was given second reading by the Clerk.

Ms. Steiner stated they had previously discussed this as part of the Convention & Visitors Bureau Master Plan and noted a committee met for several months, reviewed attraction development, and determined what the vision should be for that part of the tourism plan for the next five years. The recommendations included focusing on the existing attraction base, which was primarily based in the City center. She pointed out that they would also accept applications from proposed or developing attractions outside of the City center. As soon as this resolution was approved, they would go forward with retaining a consultant to look at long term, major attraction development that would be consistent with what the City wanted in terms of a large attraction in the area.

The vote on PR179-04 was recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Policy Resolution declared adopted, reading as follows:

B282-04 Vacating unbuilt street right-of-way and easements in conjunction with the proposed Final Plat of Oak Forest Plat 10.

The bill was given second reading by the Clerk.

Mr. Beck described this as a right-of-way which was left over after some street improvements had been made in the area. Various departments and agencies had looked at it and no objections were noted.

B282-04 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B283-04 Approving the Final Plat of Oak Forest Plat 10; authorizing a performance contract; authorizing a development agreement; granting a variance relating to C-P development plan approval.

The bill was given second reading by the Clerk.

Mr. Beck explained the location of this 35 acre tract to be north of AC and east of Providence Road. The proposal was for five PUD-11 zoned lots and one C-P zoned lot. The variance request would allow for the plat to be approved prior to the development plan.

B283-04 was given third reading with the vote recorded as follows; VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B291-04 Authorizing an annexation agreement with Jeff and Stephanie Hemme for property located on the southwest side of Bellview Drive.

The bill was given second reading by the Clerk.

Mr. Beck noted this request was in accordance with City ordinances and added that when property becomes contiguous to the City, it would be annexed into the City.

Mr. Ash asked about the existing zoning in the County and if they would have to request a specific zoning once they became contiguous.

Mr. Boeckmann explained that when filing an annexation petition, the petitioner is asked what zoning they want. If it was not done that way, the City would have six months in which to place permanent zoning on the property. In addition, they would be obligated to come into the City regardless of the zoning.

Jeff Hemme, 2300 N. Whitewater, explained that the zoning in the County was R-M, which would be equivalent to the City's R-3. He explained he was building seven attached condo units on one lot.

B291-04 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B293-04 Calling for bids for construction of East Broadway from Old 63 to Brickton Road, including realignment of the Trimble Road intersection.

The bill was given second reading by the Clerk.

Mr. Beck explained this to be a joint City/MoDOT project. The new roadway would consist of four traffic lanes and auxiliary turn lanes. The project included replacing the bridge over Hinkson Creek, a 10 foot wide pedway on the north side along Stephens Lake Park, and a six foot wide sidewalk on the opposite side of the road. The estimated cost was $5,085,000 with $4,327,256 from MoDOT, $338,744 from STP Enhancement funds and $419,000 from the 1996 quarter percent sales tax. The roadway was under City jurisdiction and the City would administer the contract.

B293-04 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B294-04 Establishing Sanitary Sewer District No. 149 along Edgewood Avenue.

The bill was given second reading by the Clerk.

Mr. Beck explained that the properties within the proposed district were served by private common collector sewers with lines, structurally, in bad shape and with leaking joints. Staff met with the nine property owners in this potential sewer district, at which time all indicated support of the project. He noted the City's share would be 50% of the project cost, which was estimated to be $39,250.

Due to the shallow and irregular lines, Mr. Patterson noted the construction would be traditional excavation and replacement with a new pipe, rather than what they had been experimenting with in the way of alternative type construction. He added that they had assured the property owners they would do everything possible to minimize disruption to the properties.

B294-04 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B295-04 Allowing issuance of a building permit to Liberty Square Properties, LLC for a structure in a utility easement in Liberty Square Subdivision; approving a waiver of claim and indemnity agreement.

The bill was given second reading by the Clerk.

Mayor Hindman noted that a request to table had been received.

Mr. Hutton made the motion that B295-04 be tabled to the October 18, 2004 meeting. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.

B296-04 Amending Chapter 14 of the City Code to prohibit parking along a section of Park de Ville Drive.

The bill was given second reading by the Clerk.

Mr. Beck explained this would prohibit parking on the east side of Park de Ville, 350 feet south of Ash Street.

B296-04 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B300-04 Confirming the contract with Steve & Associates, Inc. for construction of Green Meadows Road from Providence Road to Route AC.

The bill was given second reading by the Clerk.

Mr. Beck noted that five bids were received with the lowest responsible bidder being Steve & Associates, Inc. He added that the contractor had been checked out with MoDOT to make sure they concurred with who was being used for the project. The project cost of $1,478,758.26 would be paid from tax bills, sales tax funds, County Road Tax Rebate funds, and Surface Transportation Program funds.

B300-04 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B308-04 Authorizing an agreement for purchase and donation of portions of the Philips Farm tract; appropriating funds.

The bill was given second reading by the Clerk.

Mr. Beck pointed out that this agreement involved approximately 140 acres of the Philips Farm. The provisions included the following: City purchase of approximately 77 acres at a cost of $1,233,120; developer donation of an additional 63 acres including the lake; developer improvement of the dam and lake, of which the City would pay 30% of the cost; developer imposing restrictive covenants on Tract 8 of the Philips property zoned C-3; developer constructing a street from Ponderosa to the City's property, of which the city would pay half the cost of the intersection of the street and Ponderosa; and developer designing and constructing a water quality protection system. Mr. Beck explained that half the cost would come from the Parks Sales Tax Fund and the remainder from the City's accumulated investment income account.

Because of the involvement of storm water detention, Mr. Ash asked if they considered paying some of these costs out of the storm water utility fund. Mr. Beck noted they had, but decided, because there were gifts involved, that this was the best way to fund the project.

Regarding the accumulated investment income account, Mr. Janku assumed Mr. Beck was referring to money from previous park issues. Mr. Beck replied that was correct.

B308-04 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSTAINING: JOHN. Bill declared enacted, reading as follows:

B309-04 Amending Chapter 2 of the City Code as it relates to public records, meetings and votes.

The bill was given second reading by the Clerk.

Mr. Beck pointed out this would bring City Code provisions pertaining to public meetings, records, and votes in accordance with the changes in state law. He noted the information had been disseminated to the various volunteers the City had serving on Boards and Commissions.

Mr. Ash asked for a clarification on e-mails and stated he did not have a problem with making all of their e-mails public record because he was in agreement with not doing things behind closed doors, but he also did not want the Council to feel stifled in their communications.

Mr. Boeckmann explained two aspects to e-mails. They could be public records and they could also be public meetings. As far as records go, it was not a problem if a Council Member sent an e-mail to a majority of the Council. They would only have to copy the City Clerk, who would keep it as a record. He noted the problem was with the aspect of a meeting. If the Council started exchanging e-mails, carrying on a discussion through e-mail, it would then become a meeting. That would be allowed under the Sunshine Law, if it was posted by the City 24 hours in advance and if there was some way for the public to access it. The City did not have that capability now, but he was told it could be possible if additional software was purchased. He cautioned them on e-mails with content that might provoke a discussion or a response.

Mr. Hutton suggested mailing Mr. Beck with agenda questions and not copying the rest of the Council. Mr. Beck could then respond to Mr. Ash and copy the rest of the Council.

B309-04 was given third reading with the vote recorded as follows; VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B310-04 Authorizing an agreement with the Health Adventure Center for Tourism Development funds; appropriating funds.

The bill was given second reading by the Clerk.

Mr. Beck explained that the Convention & Visitors Bureau Advisory Board voted unanimously to recommend the use of $250,000 to assist in the renovation work on the former Federal Building for The Health Adventure Center. He pointed out that $190,000 was allocated from the bed tax.

Mr. Hutton noted the report did not specify what the money would be used for. Ms. Steiner replied they would be using it for the first phase, which would jump start the initial phase of the museum's development. Mr. Hutton asked if the final plans and specifications were done. Ms. Steiner replied that they were. Mr. Hutton understood funding was not in place for the entire project. Ms. Steiner stated that was correct, but that they were well on their way. Mr. Hutton asked how much they had raised so far. Mayor Hindman thought that when they were done, they would have raised $2 million. B310-04 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B311-04 Authorizing an agreement with LPBW Development Company, LLC for donation of property located in The Cascades Subdivision for park and open space purposes.

The bill was given second reading by the Clerk.

Mr. Beck explained the City received a written offer for the donation of two tracts; one being fairly small and the other 11.2 acres. He noted a provision that a road, the realignment of Sinclair Road, would go through the area at some future point in time. Staff reviewed the issue and felt this would fulfill the need for a neighborhood park in this particular area.

Rob Wolverton, 2504 St. Regis Court, a partner in LPBW Development Company, offered to answer any questions.

Mr. Ash expressed appreciation of the generous donation and asked if an appraisal had been done to determine the value. Mr. Wolverton replied it had.

B311-04 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

CONSENT AGENDA

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

B284-04 Vacating a sanitary sewer easement in conjunction with the proposed Final Plat of Hyde Park South Plat 2.

B285-04 Approving the Final Plat of Hyde Park South Plat 2, a Replat of Lots 1, 2, 3, and 4 of Hyde Park South; authorizing a performance contract.

B286-04 Approving the Final Plat of Forest Ridge Plat 2; authorizing a performance contract.

B287-04 Approving the Final Plat of Oakland Park Estates Plat 1, a Replat of a portion of Lot 1 of McCaleb Subdivision; authorizing a performance contract.

B288-04 Approving the Final Plat of Oakland Park Estates Plat 2, a Replat of a portion of Lot 1 of McCaleb Subdivision; authorizing a performance contract.

B289-04 Approving the Final Plat of Westcliff Plat 1; authorizing a performance contract.

B290-04 Approving the Final Plat of The Cascades Plat No. 3; authorizing a performance contract.

B292-04 Vacating a utility easement in Biscayne Heights Subdivision.

B297-04 Authorizing a Right of Use Permit with Mill Creek Manor, Inc. to allow the installation of landscaping, an irrigation system and lighting within a portion of the Barksdale Mill Drive right-of-way.

B298-04 Authorizing a Right of Use Permit with Bay Hills Development, LLC to allow the installation of landscaping, an irrigation system and lighting within a portion of Bay Hills Drive right-of-way.

B299-04 Confirming the contract with Capital Railroad Contracting, Inc. for construction of the Cow Branch Outfall Sewer Extension Project.

B301-04 Accepting conveyances for drainage, sewer, street, temporary turnaround and utility purposes.

B303-04 Authorizing payment of differential costs for water main serving Stonecrest, Plat 6; approving the Engineer's Final Report.

B304-04 Authorizing license agreements with the Department of Natural Resources for Katy Trail State Park utility crossings.

B305-04 Accepting conveyances for utility purposes.

B307-04 Accepting certain streets within Lake of the Woods Transportation Development District for public use and maintenance; authorizing a notice of completion for the transportation improvements.

R180-04 Setting a public hearing: voluntary annexation of property located on the south side of Old Plank Road, approximately 600 feet west of Bethel Church Road.

R181-04 Setting a public hearing: 2005-2009 Consolidated Plan and 2005 Action Plan.

R182-04 Authorizing an agreement with the Missouri Department of Health and Senior Services for WIC services.

R183-04 Accepting the FY 2004 Missouri State Homeland Security grant.

R184-04 Authorizing various Adopt A Spot agreements.

The bills were given third reading and the resolutions were read with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN (except B284-04 and B285-04 on which he abstained), ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bills declared enacted and resolutions declared adopted, reading as follows:

NEW BUSINESS

R185-04 Transferring funds from the Council Reserve and General Fund Contingency for the Columbia Housing Authority Park Avenue Planning Project and for hiring a consultant to audit cable franchise fees and negotiate renewal of the franchise agreement.

The resolution was read by the Clerk.

During recent budget work sessions, Mr. Beck explained the Council received two requests for funding and had asked Staff to look for sources of funding for the requests. The request for the Park Avenue Planning project was $50,000. The Cable Television Task Force requested $112,550 to hire a consultant to audit the cable franchise fees and assist in negotiations for a new agreement.

Ms. Crayton commented that she had received phone calls from some of the neighborhood associations in the Housing Authority area saying they wanted to talk with them about concerns over residents being displaced. She added that they wanted to talk about it before it was done. Ms. Crayton felt the issue should be resolved ahead of time as well. Mr. Beck agreed and stated that as they went forward, the City would have to have an agreement with the Housing Authority and before someone was hired they might outline requests for proposals to hire a firm. Mr. John noted that the people who made the presentation had made that point and specifically stated they knew that would be a concern and something they would be doing. Ms. Crayton commented that the neighborhood was in the process of writing a letter to the Housing Authority about a meeting.

Randy Hollis, Senior Manager of Government Relations for Mediacom Communications with offices at 901 N. College, commented that they were hopeful the renewal discussions would result in a new agreement mutually beneficial to both parties. He listed all available services they offered and noted in 2005 they would also be offering telephone service. He stated that they understood the City wished to retain the expertise of an outside consultant to assist in the negotiation of a new franchise document and added that Mediacom stood ready to work with the City during the franchise renewal process.

Paul Berra, Director of Government Affairs and Franchise Relations for Charter Communications, stated they too were ready to work hand in hand with the City and the cable consultant regarding an audit and the franchise renewal process.

The vote on R185-04 was recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. 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:

B315-04 Voluntary annexation of property located on the south side of State Route K and the north side of Old Plank Road; establishing permanent R-1 zoning.

B316-04 Voluntary annexation of property located on the southwest corner of State Route K and High Point Lane; establishing permanent R-1 zoning.

B317-04 Voluntary annexation of property located within an unincorporated island on the north side of St. Charles Road, east of Upland Creek Road; establishing permanent R-1 zoning.

B318-04 Voluntary annexation of property located on the east side of Bearfield Road, approximately 1,200 feet south of Nifong Boulevard; establishing permanent O-P zoning.

B319-04 Voluntary annexation of property located on the southeast corner of U.S. Highway 63 and Oakland Gravel Road; establishing permanent C-P zoning.

B320-04 Rezoning property located on the west side of Brown Station Road, north of Elm Grove Drive from A-1 to R-2.

B321-04 Vacating unbuilt street right-of-way and adjoining easement in conjunction with the proposed replat of Norbury Hill Subdivision.

B322-04 Approving the Replat of Lots 11, 12, 13, 14 and McClure Court of Norbury Hill Subdivision; authorizing a performance contract.

B323-04 Approving the Final Plat of Timber Creek, Plat No. 2, a Replat of Lot 9 of Timber Creek Plat No. 1; authorizing a performance contract.

B324-04 Approving the Final Plat of Barnett Ridge Subdivision, authorizing a performance contract.

B325-04 Approving the Final Plat of CenterState Plat 4; authorizing a performance contract.

B326-04 Vacating a public alley between Pecan Street and Dysart Street; accepting conveyances for sewer purposes.

B327-04 Accepting conveyance, authorizing payment of differential costs for water main serving Vanderveen Crossing, Plat 13; approving the Engineer's Final Report.

B328-04 Accepting conveyances for utility purposes.

B329-04 Authorizing a cooperative agreement with the Missouri Department of Conservation for a T.R.I.M. II grant; appropriating funds.

B330-04 Amending Chapter 27 of the City Code as it relates to the CASH and HELP programs.

REPORTS AND PETITIONS

(A) Intra-departmental transfer of funds.

Report accepted.

BOARDS AND COMMISSIONS

Upon receiving the majority vote of the Council the following individuals were appointed to the following boards and commissions:

BUILDING CONSTRUCTION CODES COMMISSION

Lidholm, Eric H., 4501 Old Mill Creek, County - term to expire 8/1/07

CONVENTION & VISITORS ADVISORY BOARD

Baker, Edward L., 1804 Katy Ln., Ward 4 - term to expire 9/30/06

Beard, Joan M., 154 W. Green Meadows Rd., Ward 5 - term to expire 9/30/06

Casler, Alison L., 3609 Wakefield Dr., Ward 5 - term to expire 9/30/06

Gelatt, Rod G., 1020 LaGrange Ct., Ward 5 - term to expire 9/30/06

Hostetler, Lynn, 1204 Hulen Dr., Ward 4 - term to expire 9/30/06

Jashnani, Leela G., 2708 Bluff Creek Dr., Ward 6 - term to expire 9/30/06

Turner, Spencer E., 5701 E. Mexico Gravel Rd., Ward 3 - term to expire 9/30/06

BOARD OF HEALTH

Rose, Thomas D., 1008 Royal Birkdale, Ward 5 - term to expire 8/31/07

INTERNET CITIZENS ADVISORY GROUP

Benish, Debin G., 7469 E. Mt. Zion Church Rd., County - term to expire 10/15/07

Hargis, Anna M., 4735 Roemer Rd., County - term to expire 10/15/07

LIBRARY BOARD OF DIRECTORS

McDonald, David G., 101 W. Parkway, Ward 4 - term to expire 6/30/05

MAYOR'S PHYSICAL FITNESS & HEALTH COMMITTEE

Hough, C. Jean, 719 W. Green Meadows Rd., Ward 5

NEW CENTURY FUND BOARD OF DIRECTORS

Ott, John E., 212 Bingham Rd., Ward 5 - term to expire 9/30/07

Pfeffer, Walter L., II, 1405 Overhill Rd., Ward 4 - term to expire 9/30/07

PERSONNEL ADVISORY BOARD

Schepers, James D., 4009 Beach Pointe Dr., Ward 4 - term to expire 9/30/07

COMMENTS BY PUBLIC, COUNCIL AND STAFF

Mr. Hutton noted the Council received a letter concerning golf fees associated with the budget and made the motion that Staff reply to the letter with a copy to the Council. The motion was seconded by Mr. Ash and approved unanimously by voice vote.

A while back, Mr. Janku brought up the issue of having wireless network at the Airport and asked for a response from the Advisory Board. He noted that Lambert Field planned to develop it and that it was apparently being done around the country. He felt it would provide another incentive for people to use the Airport because they could be productive while waiting for their plane as opposed to driving two and three hours in a car to get to somewhere.

Mr. Janku commented that he received a report concerning the speed limits on Brown School Road. The report mentioned the nature of the road was to convey a lot of traffic across north Columbia. While that may be true, he noted, it still went between two residential neighborhoods. There was not a lot of traffic on the road yet and he felt a moderate speed limit could still achieve the desired result. He encouraged Public Works to come up with the lowest speed necessary to accomplish the movement of traffic. He noted residences and schools in the area. Mayor Hindman agreed.

Mr. Loveless assumed the Council would set that speed limit. Mayor Hindman thought they would see a staff recommendation first. Mr. John pointed out that setting the speed limit lower than that which the road was built and designed for, made it so people would go the same speed they were anyway. Mayor Hindman noted it was the high speed and the inability to get across roads that neighbors were objecting to. He suggested taking that kind of thing into consideration when designing the roads and setting the speed limits. Mr. John noted streets were designed to carry traffic and asked why we designed them if they were not going to let people get through. He felt the roads should be designed to move traffic safely and compatibly.

Mr. Janku made the motion that Staff be directed to look at the lowest speed limit reasonable for moving traffic on the road. The motion was seconded by Mayor Hindman and approved by voice vote.

The meeting adjourned at 9:33 p.m.

Respectfully submitted,

Sheela Amin
City Clerk