M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
NOVEMBER 4, 2002


INTRODUCTORY
The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, November 4, 2002, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, and LOVELESS were present.

APPROVAL OF MINUTES
The minutes of the regular meeting of October 21, 2002, were approved unanimously by voice vote on a motion by Mr. Hutton and a second by Mr. John.

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
Mayor Hindman announced that B357-02 would be moved from the Consent Agenda to Old Business.

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

SPECIAL ITEMS
City of Columbia New Web Design.
Dave Swingle, a member of the Internet Citizens Advisory Group, explained that the City's new web site opened this afternoon. The purpose of the site is to develop another channel for the City to deliver its services to the citizenry in a more convenient, efficient, and economical manner. Mr. Swingle recognized members of the Internet Citizens Advisory Group who worked towards the site's implementation for the past two years. He also thanked City staff members for their help and participation.

The Council joined members of the Group at the podium for a ribbon cutting ceremony performed by Chamber Ambassadors.

Sam Shelby, Site Manager, displayed the new design and pointed out several areas of interest.

Mr. Beck thanked the Group for their work on the new design. He explained the next major objective is to give City customers the option of conducting more business on-line.

SCHEDULED PUBLIC COMMENTS
None.

PUBLIC HEARINGS

B354-02 Voluntary annexation of property located on the south side of Grant Lane,
approximately 550 feet east of Trailside Drive; establishing permanent R-1 zoning.

The bill was given second reading by the Clerk.

Mr. Beck described this as an approximate one-acre tract located in southwest Columbia. It is part of a 29-acre tract. He said there was no problem with the tract, but staff would prefer that the entire acreage be annexed.

Mayor Hindman opened the public hearing.

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

B354-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B355-02 Voluntary annexation of property located at the eastern terminus of Rice Road and at the southern terminus of Shamrock Drive; establishing permanent R-2 zoning.

The bill was given second reading by the Clerk.

Mr. Beck explained that this bill is up for reconsideration. Both the Planning and Development staff and the Parks and Recreation Commission recommended approval of the request. The Planning and Zoning Commission recommended denial of it on a 5 to1 vote.

Mayor Hindman opened the public hearing.

Tom Schneider, an attorney with offices at 11 N. Seventh, spoke on behalf of OFW Corporation. He noted that Mr. Weichert bought the property primarily with the idea of opening a western entrance to the subdivision he developed to the northeast, Evergreen Acres Subdivision. In terms of emergency vehicle response, Mr. Weichert felt a western entrance would be very advantageous to not only the subdivision, but to the City as well. This project would also facilitate the linking of Rice Road to Lake of the Woods Road over time as it moves Rice Road 286 feet closer to Lake of the Woods Road to the east. He noted that the project also involves the extension of a 12-inch water line, which has already been installed across the westernmost lot. The line is stubbed up to the existing City limits.

Mr. Schneider explained the cost of infrastructure to develop the lots would not be feasible in terms of R-1 single family development. To cover those costs, he said R-2 zoning would be necessary. Mr. Schneider pointed out R-2 zoned lots to the immediate east and north and spoke of Mr. Weichert's intention to market the duplexes to families. He reported that Mr. Weichert has agreed to restrictive covenants in that the duplexes would contain two-car garages. Mr. Schneider noted the Council's previous objections relating to the quantity of R-2 in this area. He stated if this zoning request is approved, it will result in a minimal increase. In regard to the Council's proposal to create a line of demarcation between the R-1 and R-2 zones, he said it did not have to be a straight line. Mr. Schneider indicated that Mr. Weichert was not supportive of the concept of split zoning between the two tracts as it would not accomplish anything for him.

Mayor Hindman closed the public hearing.

Mr. Hutton thought it was very clear that the western lot should be zoned R-2, but also felt it would be logical for the street to be the line of demarcation between the R-2 and R-1 zones.

Mr. John referred to a north/south dotted demarcation line dividing R-2 from R-1 that is further over from the tracts in question that would probably allow one more R-2 lot. He also pointed out an east/west dotted line that is a street that delineates the R-2 zone. He thought it was clear that the lines should be connected which would result in the potential for three R-2 lots. Mr. John pointed out the condominium complex to the south located in the County, and said the lot to the east of Shamrock will be abutting R-2 lots and would also be across the street from R-2 lots.

Mr. Hutton noted the equivalent of R-1 zoning in the County to the east and south. Mr. Dudark concurred.

B355-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: HUTTON. Bill declared enacted, reading as follows:

B356-02 Rezoning property located on the southwest corner of Brown Station Road and Skyview Road from R-1 to O-P; approving the Brown Station Early Learning Center O-P Development Plan.

The bill was given second reading by the Clerk.

Mr. Beck noted that the Planning and Zoning Commission recommended approval of this request on a 6-3 vote.

Mr. Dudark explained that the property, formerly a home, is used as a commercial day care center in an R-1 zoning district. The applicant has proposed a 1,070 square foot addition to the east side of the building. He noted the eight-space parking lot on the west side as additional property has been acquired from the adjacent homeowner. Currently, the Center is licensed to care for 44 children, although on an average day they have approximately 30 children. The applicant is applying for an increase in licensing to 60 children with 8 employees. Mr. Dudark noted concern by the Commission regarding intensification of the use with spillover parking being at a premium because of narrow streets and no parking on Brown Station Road. However, he reported the majority of the Commission felt those problems were not significant enough to justify denial of a plan or the expansion and improvement of the facility.

There was some discussion about parking. Mr. Dudark showed the location of the eight angled parking spaces and two drop-off spaces adjacent to the building. Mayor Hindman wondered about the possibility of cars pulling up and the teachers coming out to collect the children which would eliminate the need for parents getting out of their cars. He believed less parking would be needed as a result of this scenario. Mr. Dudark pointed out that the spaces are needed for employee parking.

Mayor Hindman opened the public hearing.

Dan Brush, project engineer with Brush and Associates, 506 Nichols, explained that he looked at two separate parking configurations, one being a standard pull-in with two way traffic in and out, and the other was the configuration before the Council tonight. He said the drop-off spots were deemed a benefit over just providing parking spaces because parents would have the ability to get the kids in and out faster. Regarding the loop configuration the Mayor mentioned, Mr. Brush indicated this option had not been considered; however, he would be happy to see if the parking spaces could be angled in the other direction.

Mr. Loveless thought it appeared there was no connection from the street side drop-off sidewalk to the sidewalk around the building, except by going thru the parking lot. Mr. Brush affirmed this was true. Mr. Loveless believed that was a bad idea and suggested it be changed. Mr. Brush replied that would not be a problem. He explained the idea of leaving the shoulder there, which is the existing parking lot area, was to use it for overflow parking or drop-off. He said it is not a primary drop-off spot. Mr. Brush reported the majority of traffic would enter and loop around which is an improvement to what exists presently. He noted there are actually more drop-off spaces than what could be technically shown on the plan.

Eric Miller, project architect with offices at 15 S. 10th, explained that he has been working with the applicant for some time on this project. In terms of the proposed plan, he said it meets and in some cases exceeds current zoning standards for what is required in terms of parking. He said the drop-off spaces would help reduce the amount of impervious surface area for this type of situation. Mr. Miller indicated the purpose of the addition is to increase the amount of infant and toddler care at the facility. Therefore, parents would most likely need to get out of their car to gather up the various belongings the child would require for the day. Mr. Miller commented that this proposal will improve the structure a great deal and the addition will blend into the neighborhood. He said that brick will be used on the east side which will become the main elevation the public will see off of Brown Station Road. He reported that all state standards have been met and exceeded for this type of development.

Mr. Janku asked if it would have the look and feel of a residence to match the existing homes on the west side of Brown Station. Mr. Miller said the height will only be a foot taller than the existing building when finished. The gables are meant to blend in with the existing building and the brick will help blend with some of the other residences in the neighborhood. From a scale standpoint, Mr. Miller felt it would blend in very well with the neighborhood.

Stephanie Perkins, owner of the Brown Station Early Learning Center, 3309 Brown Station Road, believed it to be very important for the teachers to interact with the parents. She said they are trying to expand their operation to help the community because of the great need for infant and toddler care in Columbia. Of the 75 licensed centers in Columbia, she explained that only 26 accept infants and toddlers, and these all have waiting lists. The grant she received was based on the fact that there is a need for infant and toddler care in Columbia. Ms. Perkins spoke about the number of calls they receive every day for this type of care.

Mr. Hutton asked how bad the traffic problem is presently. Ms. Perkins responded they had done a count and found that during their busiest times, 7:30 to 8:30 a.m. and 5:00 p.m., there are between 4 or 5 cars at any one time in the parking lot. Mr. Hutton spoke about a letter he received from a resident living west of the facility in which he reported that patrons were using his driveway. He asked if she thought that was just a turnaround situation because the parents wanted to go back out to Brown Station. Ms. Perkins guessed that was the case, but said it would have to be a rare occasion because usually parents pull into the parking lot and then back out to exit the facility. Mr. Hutton questioned whether some parents park along Skyview and walk from there. Ms. Perkins did not think that was occurring. She related that parents either park in the lot in front of the building or some use the staff parking lot in back if it is during a peak period. Mr. Hutton acknowledged the new design would facilitate parents in dropping off and picking up their kids. Ms. Perkins agreed that it would alleviate any turning around in any neighbor's driveways

Mr. Janku asked if the idea of using the westernmost entrance to load and unload children was agreeable with her. Ms. Perkins said she did not have a problem with the suggestion. She said it would be closer to the building for the children to get out. Mr. Janku asked about the eight employees. Ms. Perkins explained that some are full time and some are part time, and at the maximum there would be eight employees on duty at once.

Mayor Hindman closed the public hearing.

There was a discussion about stating on the plan as to where the entryway should be. Mr. Loveless felt it was a logistical thing of running a business and said he was not certain it was the Council's purview to tell someone how to run their business. He was sure they would figure out the most efficient way to do it now that the seed has been planted. Mr. Janku said the reason it is important is because of the issue on Skyview of thru traffic being obstructed from getting into the neighborhood. Mr. Hutton asked how specific the plan has to be. Mr. Dudark replied that if the Council wanted the applicant to have the discretion to revise the plan, then either the staff would have to approve it as an amendment or the Council would have to see it again. Mr. Janku understood the staff could make minor adjustments to plans without Council approval. Mr. Dudark said they could and added that if the Council would consider this to be a minor adjustment, staff would take a look at it to determine its feasibility. Mr. Hutton felt it would take consultation with the engineer to see if it would physically work. Mr. John thought the south parking space might be hard to get into if people tried to come in the other way. Mayor Hindman commented the plan is a huge improvement over what currently exists regardless of which entrance is used.

B356-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B361-02 Amending Chapter 29 of the City Code relating to landscaping requirements for motor vehicle, trailer and farm machinery sales and service facilities.

The bill was given second reading by the Clerk.

Mayor Hindman explained that there have been discussions about tabling this issue in order for the parties involved to work together. He said it was discussed at the pre-Council meeting and he felt the general consensus was to table it.

Mr. Dudark explained that the Council had asked the Planning and Zoning Commission to take a look at revising the parking regulations for automobile dealerships. He said they reviewed several alternatives and settled on one that would require a tree planting requirement of one ornamental or other type of tree for every 4,500 square feet of paved area. He said the trees could be placed at the perimeter of the parking lot. Mr. Dudark pointed out there is currently no requirement for interior islands or separating strips between large parking areas. That exemption would continue. He also stated there is no present tree planting requirement, at least 15% of the tract has to be landscaped, but it can be grass. The Commission considered this amendment and recommended that it not be adopted. The vote for denial was 7-2.

Mayor Hindman opened the public hearing.

Mr. Loveless made the motion that B361-02 be tabled to December 2, 2002. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

B362-02 Adopting the Columbia Metro Greenbelt/Trail Plan.

The bill was given second reading by the Clerk.

Mr. Beck explained that this plan was prepared jointly by staff from Planning and Development and Parks and Recreation. He said the Parks and Recreation staff looked primarily at the trail aspect of the overall plan. The Planning and Zoning Commission conducted a public hearing on October 10, at which time they recommended approval of the Plan before the Council. He noted that the Council directed staff to make several minor changes to the Plan following their work session. He stated the Trail Plan recommends a list of primary, secondary and tertiary trail acquisitions.

Mayor Hindman opened the public hearing.

Chip Cooper, 500 Longfellow, spoke on behalf of the PedNet Coalition. Mr. Cooper reiterated statements from the Planning and Zoning Commission public hearing. He stated the citizens of Columbia have established a permanent funding source to develop and maintain an evolving trail system. The Trail Plan before the Council is an important part of a comprehensive bicycle/pedestrian/wheelchair network (PedNet). Mr. Cooper believed adoption of the Plan as an opportunity to create, over the next few decades, a unique community resource that will help Columbia enhance the health of its citizens, improve its environmental quality, and allow us to keep pace with other quality of life cities with whom we compete economically. He urged adoption of the Plan.

Jane Addison, 2407 Shepard, spoke on behalf of the Greenbelt Coalition of Mid-Missouri in favor of the Plan. She also reiterated her statements made at the Planning and Zoning hearing. She urged the Council to enact strong regulations in support of the greenbelt. Ms. Addison thanked the staff for producing this outstanding and visionary document.

Kristen Highcamp, 4880 N. Route E, explained that she is a member of the Boone County Planning and Zoning Commission. She spoke in support of the Plan saying that the economic, public health, and safety advantages of greenbelts are numerous. She felt the document to be a good example of the comprehensive planning recommended by the 2001 Boone County Vision Project Report. Ms. Highcamp commented that the Plan can be used as a matrix for countywide greenway initiatives, and to that end, the County Planning Commission is reviewing it. She urged the Council to adopt the Plan.

Troy Balthazor, 502 West Boulevard North, representing Services for Independent Living, thought this was an exciting time for people with disabilities who are hearing good things Columbia and Boone County are doing in regard to transportation. He said this Trail Plan seems to fit in very well with other initiatives and it provides an opportunity for people with disabilities another option for recreation, transportation and greater independence overall.

Frank Schmidt, 801 Westport, said the Plan is also an important aspect in terms of development.

Kathleen Weinschenk, 1504 Sylvan Lane, a member of the Disabilities Commission, said adoption of the Plan would be a wonderful thing for the disabled community.

Greg Ahrens, 1504 Sylvan Lane, a member of the Bicycle/Pedestrian Commission and the PedNet Coalition Board, mentioned problems on the current Bear Creek Trail with slope. He recommended the book Designing Sidewalks and Trails for Access Best Practices Design Guide, Part 2. He related there were lots of good recommendations in the book pertaining to accessability problems. Mr. Ahrens suggested warning signs before steep grades. In general, he supported the Plan.

Mayor Hindman closed the public hearing.

Mr. Janku thought the Plan was great and said a lot of hard work has gone into it over the years by different City departments. He believed the specificity was the one detail that takes the Plan to the next level in terms of implementation. Regarding implementation, he was interested in how the budget items are addressed. Mr. Janku said two options were given on page 10 of the Plan. His preference was for the first option because he thought it was consistent with how the City handles pretty much everything else in the budget. Mr. Janku reported it would bring projects to the Council on an annual basis where there is a review procedure involved.

Mr. Janku made the motion that B362-02 be amended by deleting the second paragraph on page 10 of the Plan. The motion was seconded by Mayor Hindman.

Mr. John did not have a problem with this particular detail either way. He noted that most past projects were approved in the CIP.

Mayor Hindman indicated the importance to ensure flexibility because if someone creates an opportunity, we want to be able to take it. Mr. Janku said the CIP Plan works well for every other type of city project. Mayor Hindman agreed. Mr. Janku felt the key was that it would come to the Council every year on a regular basis.

The motion to amend B362-02, made by Mr. Janku, seconded by Mayor Hindman, was approved unanimously by voice vote.

Mayor Hindman spoke in support of the Plan and he thought it would be very dynamic. He said opportunities will come along that are not shown on the Plan. Mayor Hindman noted a number of trails around town that are not marked or on the maps. He thought someone should identify them and look into a method of signage so people will know where they are and what they can be used for.

Mr. John thought having a plan and knowing where we are going is fine, but said if the Council uses every penny from the 1/8 cent parks sales tax, it would still take 30 years to build it. He pointed out that includes no costs for maintenance of existing trails. He related that the Plan will not be completed overnight, but he acknowledged the City needs this document to plan for 30 years in advance.

B362-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

(A) Voluntary annexation of property located at the northeast quadrant of the I-70/Lake of the Woods Interchange.

Item A was read by the Clerk.

Mr. Dudark explained this voluntary annexation request involves 34.8 acres consisting of two tracts. One tract would be zoned C-3 and the other C-P. This is consistent with the annexation agreement between the City and the property owners. Mr. Dudark noted that the Planning and Zoning Commission recommended approval.

Mayor Hindman opened the public hearing.

There being no comments, Mayor Hindman closed the public hearing and stated that no action is required at this time.

(B) Parks and Recreation Master Plan 2002 Facilities Needs Update.

Item B was read by the Clerk.

Mr. Hood explained that this study was an assessment of the City's needs for park and recreation lands and facilities for the 10-year planning period between 2002 through 2012. The Plan has been prepared by the Parks and Recreation staff who have been working on it for the last 18 months. In preparing the Plan, he said staff has updated the inventory of existing public and private parks, recreation and open space facilities, obtained the most current state and national standards for park and open space facilities, hosted three public forums seeking citizen input regarding citywide park and recreation needs, and conducted a series of focus group meetings with special interest groups and community organizations such as the Columbia Soccer Club, Greenbelt Coalition, Boone County Historical Society, and so on. Mr. Hood commented a citywide random survey of Columbia citizens was conducted to determine the community's perceptions of the park and recreation and open space needs. He explained that the Parks staff also conducted a user survey of visitors to the City's public parks, trails and recreational facilities. Using the data obtained through all the above methods, Mr. Hood said an updated needs and facilities assessment was prepared and staff developed a capital improvement program.

Mr. Hood reported the 2002 Plan recommends the acquisition and development of 18 new neighborhood parks, the acquisition and development of one new regional park similar to the Columbia Cosmopolitan Recreation Area with a preferred location in the southeast part of the City, and the acquisition and development of a coordinated network of trails as outlined in this Master Plan and the City's Metro Greenbelt/Trails Plan. The Plan also includes a detailed listing of capital improvements, both renovations and additions, for the City's 50 existing parks and trails. Finally, the Plan recommends the continued exploration of acquisition and development projects that could be co-sponsored between the City and other organizations such as the Columbia Public Schools, other governmental agencies, and private organizations and associations. During this past summer, the draft plan has been subject to review as directed by the City Council. Mr. Hood explained that process involved review by both the general public and the Parks and Recreation Commission. He added that copies were available for review at the Library, the Parks and Recreation Office and on the City's web site. Two public meetings were held to solicit comments on the draft plan and the Commission held a formal public hearing at their July commission meeting. Based on input through the public review process, Mr. Hood said some additions were made to the Plan.

Based on the revisions made, Mr. Hood said the Commission recommends the Plan's approval to the Council. He indicated that staff believes the Plan will serve as a blueprint for the future development of park and recreation lands and facilities. They also believe the primary tool for implementing the Plan to be the City's annual budget. Mr. Hood reported the Council and community will have the opportunity to evaluate and prioritize the potential projects which are identified in the Plan. Actual implementation will occur as funding resources are made available for the projects.

Mayor Hindman opened the public hearing.

John Cupp, 117 Fourth Avenue, spoke to the need for another golf course in Columbia. He felt the City was losing revenue from lack of facilities.

Mayor Hindman closed the public hearing.

Mr. Hood noted that the report recommends the acquisition of a major new regional park in southeast Columbia. The staff feeling is that the acquisition should be sized such that there would be future potential for the addition of a third golf course. He said they do not see an immediate need, but believe land should be acquired for that potential.

Mr. Janku made the motion that the issue be tabled to December 2, 2002, so a work session can be held to consider comments made regarding the Plan. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.

OLD BUSINESS

R195-02 Approving the Preliminary Plat of Evergreen Acres, Plat No. 3.

The resolution was read by the Clerk.

Mr. Beck explained that approval of the preliminary plat was contingent on the voluntary annexation request which was approved earlier this evening.

The vote on R195-02 was recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

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

The bill was given second reading by the Clerk.

Mr. Beck stated that this final plat meets the conditions of the preliminary plat.

B351-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B357-02 Approving the final plat of Brown Station Early Learning Center.

The bill was given second reading by the Clerk.

Mr. Dudark explained this is a companion item to the O-P Plan approved earlier tonight. It incorporates the additional tract of property to the west that accommodates the entrance drive and parking lot. Staff recommends approval of the plat.

B357-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B358-02 Approving the final plat of Highlands Circle.

The bill was given second reading by the Clerk.

Mr. Dudark reported that this plat contains one R-1 lot and six A-1 lots that have been recently annexed into the City. The plat is in conformance with the preliminary plat and the recommendation is for approval.

B358-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B364-02 Amending Chapter 14 of the City Code as it relates to riding cycles.

The bill was given second reading by the Clerk.

Mr. Beck explained that this bill would repeal portions of the ordinance that requires bicycles to ride single file on City roadways. The amendment would also require bicycles to ride in designated bike facilities when available. Mr. Beck spoke of his personal preference for cyclists to avoid riding in tandem due to safety issues.

Mr. Janku thought there were times when riding in tandem as appropriate. He described a situation wherein a family was riding with the children near the curb and the adults outside so as to protect the young riders. He favored the suggested language for the amendment which does not prohibit bicyclists riding two abreast when not impeding other vehicles.

Assuming passage of the amendment, Mr. Beck was hopeful educational programs would be available to promote safe riding practices. Mayor Hindman agreed.

Mr. Boeckmann explained that the memo includes proposed language to amend the ordinance. As it was drafted and recommended by the Commission, he did not think the proposed amendment would prohibit riding single file. However, he noted another existing section that stipulates, "every person operating a cycle upon a roadway shall ride as near to the right hand side of the roadway as practicable." Mr. Boeckmann said this is the language in the state statute that had been construed as requiring people to ride single file. Unless the Council amends this language, he did not feel the Council would be accomplishing their purpose.

Mayor Hindman was concerned about the language prohibiting left turns.

Mr. Janku said he would like to amend the bill by substituting language making it clear one could move to the left to make a left turn.

Mr. Janku made the motion to amend B364-02 by amending the ordinance to conform with current state law (identified as second section (c) in staff memo). The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

B364-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B366-02 Amending Chapter 22 of the City Code to establish a solid waste district to provide refuse collection service within the Special Business District.

The bill was given second reading by the Clerk.

Mr. Patterson noted that this ordinance is actually the culmination of several years of cooperative effort between City staff and the Special Business District; the common goal being to clean up the alleys and streets in the downtown area by providing more effective solid waste management. If approved, the ordinance will create a solid waste district which corresponds with the Special Business District boundaries. Mr. Patterson explained that it would establish solid waste generating charges based on the type and size of business. The primary benefit of the district is to allow the City, in cooperation with the SBD, to continue to proceed with the replacement of dumpsters in alleys with more centrally located compactors, and provide opportunities for the provision of commercial recycling and litter control programs. He listed several attractive features of the program such as equity, efficiency, and flexibility.

Jack Waters, 712 Westridge, member of the Special Business District Board of Directors, thanked Mr. Patterson and his staff for all of their hard work on this issue. He appreciated the mechanism that provided the cooperative means of achieving different solutions and its flexibility to evolve over time as the needs in the area change. Mr. Waters noted the removal of the small dumpsters has made a dramatic improvement, and that Public Works has been able to resurface the alleys in several cases. He reported the compactors have been screened with landscaping and their installation has been well-executed. He stated there have been significant improvements in odor control, cleanliness and safety.

Carrie Gartner, Executive Director of the Special Business District, 11 S. Tenth, handed out a newsletter which was sent out last winter to all downtown property owners and merchants. The newsletter explained what the solid waste district was, what it would cost, and what it would do to improve the downtown area. She pointed out that they also had two town meetings where solid waste representatives came and spoke in depth about the program and then answered questions. Ms. Gartner indicated that numerous post cards were sent out informing everyone that the plan was on file in their office as well as on the SBD web site. She noted that this plan was obviously put together before recycling became such a big issue, and although some recycling is included, there are still more issues the group would need to address together.

Mr. Coffman questioned why the recycling cost was more. Mr. Patterson replied this was initially expected because the City has to recover its costs for the program. He stated everyone within the district would share this cost proportionately. In addition, he said revenues generated as a result of any recovered materials would be credited toward the annual cost. He pointed out it then becomes an incentive program in its own forum. Mr. Coffman asked Mr. Patterson if he believed the differential would be close to the cost of service. Mr. Patterson responded those charges have been estimated at this point, staff will have much more information after the first year. By isolating this area as a district, he said whatever costs there are will be shared and whatever benefits in efficiencies and revenues there are will also be shared.

Mr. Coffman was concerned about the recycling of bottles in the downtown area. Ms. Gartner replied that when this district was originally put together, they were looking at cardboard recycling because that had been one of the big needs downtown. She said although things have changed in terms of the repeal of the deposit ordinance, it did not mean that the formation of the district does not provide a framework for eventually taking the next step in regard to recycling of the bottles. Ms. Gartner reported that the SBD Board have planned for yearly reviews with Public Works to look at the rates and services to make sure they are what the merchants really need. Mr. Coffman wondered if future rate changes would be reviewed by the Council. Mr. Patterson responded any amendment would have to come to the Council because the rates are being adopted by ordinance. He indicated that both the City and the district have made a commitment to set rates for a year, and at the end of the year they will be analyzed and adjustments will be made as needed. The objective is that members of the district only pay for the services they receive, and they tell the City what services they want.

Mr. Coffman said he would be more comfortable with this if he knew there would be an annual review. Ms. Gartner replied that her Board had said the same. Mr. Janku believed it would be reviewed at budget time each year.

B366-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B368-02 Amending Chapter 6 of the City Code relating to adoption of the International Building Code 2000.

B369-02 Amending Chapter 6 of the City Code relating to adoption of the International Residential Code for One and Two Family Dwellings 2000.

B370-02 Amending Chapter 6 of the City Code relating to adoption of the International Property Maintenance Code 2000.

B371-02 Amending Chapter 6 of the City Code relating to adoption of the International Plumbing Code 2000.

B372-02 Amending Chapter 6 of the City Code relating to adoption of the International Mechanical Code 2000.

B373-02 Amending Chapter 6 of the City Code relating to adoption of the ICC Electrical Code 2000.

B374-02 Amending Chapter 6 of the City Code relating to adoption of the International Fuel Gas Code 2000.

B375-02 Amending Chapter 9 of the City Code relating to adoption of the International Fire Code 2000.

All bills were given second reading by the Clerk.

Mayor Hindman noted that the bills would be discussed together, but voted on separately.

Mr. Beck pointed out that a lot of work has gone into this review process and that a member of the Commission would explain the major changes.

Fred Malicoat, 4101 N. Wappel, commented that the proposed amendments were the culmination of many organizations, the Southern Building Code, the BOCA Building Code, and the Uniform Building Code who had to get together to write one code. Mr. Malicoat gave a brief description of the major changes being recommended. The structural provisions for wind, live snow, and earthquake loads are based on new national standards. The 2000 International Building Code meets or exceeds requirements for Americans with Disability Act Guidelines and the Fair Housing Authority Guidelines. Mr. Malicoat indicated the 2000 International Building Code now contains a classification for construction on expansive soils. Based on the new soil classifications, he said soil investigation reports will be required on most commercial sites. The detached accessory structures in the International Residential Code may be up to 200 square feet without permits, a change from the current standard of100 square feet. Footings and construction by ascending or descending slopes now require protection in minimum distance from the slope to prevent slope drainage, erosion and failure or engineering to qualify the installation. The International Plumbing Code has no significant changes, nor does the Mechanical Code. Mr. Malicoat reported the International Fuel Gas Code was removed from the Mechanical Code and is now its own section with no significant technical changes. The International Electric Code has no changes except in an administrative section. The Building Code Commission recommends that the journeymen electrician to apprentice ratio be changed from 1 to 1 to 1 to 3. There are no suggested significant changes to the International Property Maintenance Code. Regarding the International Fire Code, Mr. Malicoat noted there are additional permits that can be required above the old BOCA requirements. There is a requirement that open flame cooking devices shall not be operated on combustible balconies or within ten feet of combustible construction.

Mayor Hindman thanked Mr. Malicoat and everyone else involved in this long review process.

Otto Traschel, 3702 Wayside, a member of the Electrical Examiners Board, reported that his Board strongly disagrees with the change in the ratio for journeymen. He thought the contractors are not putting enough effort into training apprentices. Mr. Traschel said the Plumbing Code was no better.

Annie Pope, spoke on behalf of the Home Builders Association of Columbia, 204 Peach Way. She said the Association participated in the review and were allowed to provide input in regard to the proposed Code amendments. Although there are things in the Code they may not agree with, everyone believed the process had been adequate and their comments had been heard.

Rick Shanker, a member of the Building Codes Commission, said they had looked at the ratios as far as the electrical journeymen. He gave figures from other cities ranging from no ratios to 1 to 5. He said a sub-committee of the Commission voted in favor of the 1 to 3 ratio based on a lot of different things.

Mayor Hindman asked if the recommended ratio is a local deviation from the International Code as published. Mr. Darnell replied that licensing of crafts and trade is not part of the International Code, but the authority of the local jurisdiction to establish minimum qualifications to engage in certain trades.

John Clark, 403 N. Ninth, spoke about the Uniform Conservation Base Building Code, which is a set of safety codes addressing older building methods. He wondered if that was part of the International System up for discussion and adoption. If it is not, Mr. Clark asked that staff be directed to investigate it.

Mayor Hindman commented that a technical committee has worked on this issue for more than a year, and he was willing to follow their recommendations.

Mr. Hutton understood that what the Council is adopting simply refers the City to the National Electric Code. Mr. Darnell replied that was correct.

B368-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B369-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B370-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B371-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B372-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B373-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B374-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B375-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. 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.

B359-02 Approving the final plat of The Cascades, Plat 1.

B360-02 Approving the final plat of Norbury Hill Subdivision.

B363-02 Authorizing agreements with various organizations for the development and promotion of festivals and special events; appropriating funds.

B365-02 Confirming the contract of Aplex, Inc. for the Hardin-Donnelly-Independence Area Storm Drainage Project; appropriating funds.

B367-02 Authorizing change orders, approving the engineer's final report for partial rehabilitation of Runway 2/20 Project at Columbia Regional Airport.

R207-02 Setting a public hearing: reconstruction of Garth Avenue from Bear Creek north to Blueridge Road.

R208-02 Authorizing a Percent for Art agreement with Hugh Merrill for the art project at the City-County Health Facility.

R209-02 Authorizing an agreement with the Missouri Department of Health and Senior Services for the Cardiovascular Health Program.

R210-02 Authorizing a grant agreement with SEMA for emergency equipment; authorizing an agreement with local agencies to allow participation in the SEMA grant.

R211-02 Authorizing an agreement with First Night Columbia, Inc. for support of the New Year's Eve Celebration.

R212-02 Accepting the LOCATER system received through a U.S. Department of Justice grant to be used in the investigation of missing and exploited children.

R213-02 Authorizing a proposal for the Transportation Security Administration to lease office space in the North Terminal Building at Columbia Regional Airport.

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

NEW BUSINESS

None.

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

B376-02 Voluntary annexation of property located at the northeast quadrant of the I-70/Lake of the Woods Road Interchange; establishing permanent zoning.

B377-02 Rezoning property located on the southeast corner of the intersection of Rangeline/State Route 763 and Smiley Lane from M-C to C-P.

B378-02 Rezoning property located on the east side of Forum Boulevard, south of the intersection of Forum Boulevard and Southampton Drive from C-1 and R-1 to C-P; approving the Painter C-P Development Plan.

B379-02 Approving the Limerick Lakes East PUD Site Plan; granting a variance from the Subdivision Regulations.

B380-02 Approving the Custom Muffler Lot 1, Municipal Addition Block 1 C-P Development Plan.

B381-02 Vacating street right-of-way for Hospital Drive; accepting an easement for emergency access and utilities.

B382-02 Approving the final plat of The Highlands, Plat 18, a replat of Lot 1703 of The Highlands, Plat 17.

B383-02 Officially naming and renaming streets in conjunction with the new State Route AC.

B384-02 Changing the uses allowed on property located on the southeast corner of Nifong Boulevard and Hyde Park Avenue.

B385-02 Authorizing acquisition of property necessary for maintenance of a sewer system serving the Westwinds Court area.

B386-02 Authorizing acquisition of easements in connection with the Blue Ridge Road Improvement Project.

B387-02 Calling for bids for construction of the Vintage Drive Drainage Improvement Project.

B388-02 Accepting easements and quit claim deeds for drainage, electric, sewer, road, sidewalk and street purposes.

B389-02 Accepting easements for water and electric purposes.

B390-02 Appropriating SEMA and FEMA funds for repair of damages to the constructed wetlands.

B391-02 Appropriating funds for the Share the Light program.

B392-02 Amending Chapter 18 of the City Code as it relates to Police Pension Plan.

B393-02 Amending Chapter 2 of the City Code as it relates to City commissions.

 

REPORTS AND PETITIONS

(A) Intra-Departmental Transfer of Funds.

Report accepted.

(B) Council Abstention, Zoning Protest Petitions.

Mr. Janku said he would like to see the ordinance introduced. He noted a question about the super majority and how many votes are required.

Mr. Janku made the motion that the issue be referred to the Planning and Zoning Commission for a public hearing and recommendation to the Council. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

(C) Bicycle/Pedestrian Commission Report; Columbia Bicycle Map.

Mr. Beck explained that the Commission is requesting authorization to have the map reproduced so the issue can be reviewed at a public forum.

Mayor Hindman made the motion that the request to duplicate the map be granted with a short definition of "pinch point" to be included in the map. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.

(D) Stearman Street - Petition for Tax Bill Street Improvements.

Mr. Beck noted that this was a paper street. He pointed out the Council recently changed the ordinance that would allow the City to tax bill the full cost of the street's construction to the adjacent property owners. The reason for this request is different ownership -- the property is no longer owned by the developer.

Mr. Janku asked if it would be preferable to schedule a public hearing before the staff does a lot of work on the project so the Council could get a sense of what the support for the project would be. Mr. Beck noted Charter requirements in that the City must have a project description, an estimated engineer's cost of the project, and a summary of the project's benefit to the abutting property owners. He did not see why the street would have to be fully designed to do that. Mr. Patterson said they would be coming back pretty quickly with a public hearing, but this is the process staff has to follow -- send a report to the Council for authorization to do that level of work necessary to bring the issue back for a public hearing. He clarified they would not be spending thousands of dollars getting it to that point.

Mr. Janku made the motion that staff be directed to proceed with surveys and preliminary plans so that a public hearing can be set. The motion was seconded by Mr. John and approved unanimously by voice vote.

(E) City/County Urban Fringe Area Planning.

Mr. Beck explained that the Council received a communication from the Planning and Zoning Commission regarding joint meetings with the Boone County Planning Commission in order to proceed with planning on the urban fringe surrounding the City. He noted the City Planning and Zoning Commission adopted a motion recommending that it be done. He said they are looking for a response from the Council as to whether or not they should proceed with preparing an outline of what they propose to accomplish.

Mayor Hindman was in favor of communications between the groups. He thought the planning should encompass a wider area than just immediately outside of the City. Mr. Hutton thought that would be part of their task.

Mr. Janku noted that the 2020 Plan includes land use planning. He asked if the group would be revisiting that. Mayor Hindman said the 2020 Plan gives guidelines and is not a zoning map. Mr. John indicated the Council would not be asking them to develop a zoning map. Mr. Janku pointed out that it does have land use designations. Mr. Hutton thought the request was for the group to develop a policy or strategy on how the two Commissions would work together. Since the City already has a 2020 Plan, Mr. John asked what the City would gain by adding another planning process to the master planning process already adopted by the Council. He questioned what other pieces the Commissions are envisioning doing and what parts of it can only be done in the City with the laws and regulations we have. Mr. John related that the City of Columbia has already set a whole strategy for the urban fringe, including every area they have mentioned. Mr. Janku pointed out that the 2020 Plan was approved after a thorough, multi-year process that was very public, and the County was included in those discussions. If this is a process to implement that, he was fine with it. Mr. John noted that we have a joint City/County storm water task force which has not presented anything to the Council. He thought what is generally a good idea, we as a City have already done in the 2020 Plan and much of anything new to be added may be wrapped up in the storm water ordinances

Mayor Hindman thought this was basically a means for the two Commissions to communicate on how they can better coordinate their efforts. Mr. Janku responded that he is not opposed to the group presenting a draft to the Council of what issues they want to see addressed. He made the point that he would not be supportive of reopening discussion in reference to the 2020 Plan. Mr. John thought there was a perception that the City is behind the curve, while he would make the argument that the City of Columbia is well out in front of it and some of the planning has already been done.

Mayor Hindman commented the group is not asking for a plan, they are just asking to coordinate and work together to address the issues of mutual concern on the urban fringes. He noted the Council can accept or reject whatever they come up with.

Mayor Hindman made the motion that their request be granted. The motion was seconded by Mr. Loveless and approved by voice vote.

(F) Proposed Revised Resolution for the Allocation of Community Development Block Grant Funds.

Mr. Janku thought it would be helpful for the Council to see what has been approved historically, factoring out administration money, so they can get a sense of what the true public improvement dollars were.

Mr. John made the motion that staff be directed to prepare a resolution to be placed on the agenda, along with the report on past spending, with figures to be filled-in at the meeting. The motion was seconded by Mr. Coffman and approved by voice vote.

BOARDS AND COMMISSIONS

None.

COMMENTS BY COUNCIL, STAFF AND PUBLIC

With the closing of much of the football stadium parking, Mr. John said that more people are parking on Providence and Stadium, which is not a problem. However, now cars are spilling over to the Providence outer road, and this is a very narrow, shoulder-less road. He explained that when cars are parked on both sides of the road, it blocks residents from getting through to the apartments on the south side. Mr. John requested that parking be removed from one side of the road if possible.

Mr. Coffman commented that he had heard there are no plans to install a traffic light at either Falling Leaf or Bluff Creek. He said this was contrary to what he had been told previously by people from MoDOT. Mr. Coffman asked that the City communicate with MoDOT and urge them to put a traffic light in at Bluff Creek Drive. He added that the traffic study MoDOT conducted indicated that a light is not warranted, but he stated that study is four years old.

Mr. Coffman made the motion that Mr. Patterson be authorized to meet with MoDOT and work with them on the issue.

Mr. Beck asked if this was part of the AC project. If so, the plan should be clear as to what their intentions are. Mr. Patterson said the original project calls for the removal of the traffic signal at Falling Leaf. At the time they were discussing the problems that might create, he said there were plans also to put in conduits at Bluff Creek so a signal could be installed as warrants dictated. He reported that staff has had several discussions with MoDOT and Mr. Coffman was correct about the signal. If not a direct statement, he felt it was certainly implied that the signal would be relocated from Falling Leaf to Bluff Creek as part of the project. Mr. Patterson indicated he spoke to the District Engineer about it, and he was assured that as soon as AC is open they would do traffic counts and determine whether a signal is warranted at Bluff Creek. He thought the concern is that there had been the expectation a signal would be installed as part of the project, and now it is not being promised. Mr. Coffman reported there are a lot of people who have been under the impression there would be a light at one place or the other. About six months ago residents were given the impression that the location at Bluff Creek had been chosen. Ultimately, Mr. Coffman was sure a light would be warranted and he would prefer that it be installed now.

The motion made by Mr. Coffman was seconded by Mr. Janku and approved unanimously by voice vote.

Mr. Coffman brought up the issue of improving the median along College Avenue. Mr. Janku thought it was coming up this spring. Mr. Coffman said he had heard it was not, given the University's current budget constraints. He said they have a plan that calls for it up to Rollins, but he was talking about the City coordinating with the University to pick it up further down, maybe at University Avenue and north. He said some guidance about where people are to cross the street would be helpful. He did not think any sort of vegetation would work, but thought some sort of buildup would help as a refuge for pedestrians. Mr. Beck indicated that he spoke to University administrators about this issue in the last few weeks, and he thought the problem relates to the increased cost of running water lines out across College Avenue to the median strip. Mayor Hindman indicated xeriscape plantings eliminate the need for water.

Ms. Crayton reported a water leakage at the corner of Park and Providence in front of the community center. She asked that it be taken care of. Mr. Beck replied that the staff was looking into the situation.

Ms. Crayton reported a situation on East Broadway, before crossing William Street, where the traffic lanes have not been re-striped after the road work. She also asked for staff to check into this issue.

Mr. Janku noted the earlier Council discussion pertaining to the Greenbelt/Trails Plan approved tonight and adopting some implementation strategies.

Mr. Janku made the motion that staff be directed to update the Council on what needs to be done to assist with the implementation of the Plan. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

Otto Traschel, 3710 Wayside, reported a storm drainage problem in front of the Pasta Factory he noticed during a recent rain. He also suggested that the City could use the coal mine strip pit property for park purposes after it is cleaned it up.

John Clark, 403 N. Ninth, encouraged the Council to hold public hearings when a bill is first introduced. He also recommended that the Council ask the Public Works staff to work with Mr. Dudark to develop a report on the Uniform Conservation Based Code. He said it has tremendous implications for the Community Development Commission and community development projects. He also commented about the bill introduced this evening regarding City commissions and quorum requirements.

The meeting adjourned at 10:40 p.m.

Respectfully submitted,

Penny St. Romaine
City Clerk

© 2002 City of Columbia