M I N U T E S  CITY COUNCIL MEETING - COLUMBIA, MISSOURI  JULY 6, 1999

INTRODUCTION
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Tuesday, July 6, 1999, in the Council Chamber of the City of Columbia, Missouri.  The roll was taken with the following results: Council Members CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, and HINDMAN 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 June 21, 1999, were approved unanimously by voice vote on a motion made by Mr. Janku and a second by Mr. Campbell.

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Upon her request, Mr. Campbell made the motion that Mrs. Crockett be allowed to abstain from voting on B206-99 and R134-99.  The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    The agenda, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mrs. Crockett.

SPECIAL ITEMS
    None.

SCHEDULED PUBLIC COMMENTS
    None.

    Mr. Beck introduced the City's new Health Director, Stephanie Browning, and explained that she had begun work on July 1.  Mayor Hindman welcomed Ms. Browning on behalf of the Council.

PUBLIC HEARINGS
B198-99     Authorizing the construction of storm drainage improvements on Blossom Court utilizing
                    city employees.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this project is intended to eliminate some structural flooding problems in the area.  The estimated cost for the project is $22,000 and will be paid out of the storm water utility.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B198-99 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B199-99     Authorizing the 1999 street maintenance project; levying special assessments.
    The bill was given second reading by the Clerk.
    Mr. Beck explained the street maintenance tax billing procedure and asked Mr. Patterson to describe the project.
    Mr. Patterson reported there are six sections of street with approximately 8,270 centerline feet of roadway included in the project.  The estimated cost for the project is $42,000 and roughly $29,750 will be recovered by tax bills, with the balance coming from the street division's operating budget.  The work will consist of cleaning out ditches, straightening and cleaning driveway pipes and street drainage pipes, removing soft areas in the street, wedging with asphalt, and then generally finishing with a single seal coat.  The six street segments include Ballenger Place, Elm Grove Drive, Fairhaven Drive, Martha Drive, Pioneer Drive, and Proctor Drive.
    Mr. Patterson noted that property owners and residents have been notified of the intended tax bill maintenance by way of letters.  He reported his department has received several telephone inquiries, and he believed staff had been able to satisfy most questions residents had about the project.  Mr. Patterson indicated there are several residents concerned about the actual tax billing process and the potential assessments.  He stated if staff is directed to proceed with the project this evening, there will be a second hearing at which time the Council will consider any special benefits that have accrued to the properties.  Mr. Patterson outlined the benefits would be in the form of improved storm drainage by the straightening and cleaning of ditches and drain pipes, and the smoother road surface will result in less wear and tear on automobiles and will improve snow removal in the winter.  Mr. Patterson pointed out that they always advise residents of the opportunity to improve streets to current standards through the tax billing method.  He said there has been no interest in that as it pertains to the six streets being addressed this evening.
    Mr. Campbell asked how long it would be before the process would have to be done again.  Mr. Patterson said the streets typically do not need to be repaired for seven to nine years.  He said sometimes the streets need minor maintenance work, but they try not to tax bill in less than that period of time.  Mr. Campbell asked if it was possible for a street to last very long, without a complete rebuilding, when it has heavy trucks traveling on it constantly.  Mr. Patterson acknowledged there are some streets that have more commercial traffic than others, and those are things staff tries to determine at the time the assessments are set.  When frequent maintenance occurs, the City's cost will be considerably more than $2.00 per foot because we pay for any major work that has to be done to the sub-grade.
    Mr. Janku asked about the memo regarding Proctor Drive.  He asked what could be done in terms of stormwater that is ponding in the area.  Mr. Patterson said staff has pictures of the ponding problem along the edge of the road and they intend to correct it during the street maintenance project.  He thought that would help the drainage problem tremendously.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mayor Hindman commented that the Council had received a memo regarding Proctor Drive.  He noted that it has to do with large salvage trucks and the feeling that the deteriorated portion of the street is a direct result of the trucks that carry heavy loads of dirt and concrete debris.  The caller felt that the salvage company should have to bear the brunt of the tax bill.  Mr. Patterson noted that the salvage company owns quite a bit of frontage along the street so they would be paying the substantial portion of the tax bill.
    B199-99 was given third reading with the vote recorded as follows:  VOTING YES:  CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B208-99     Rezoning property located on the south side of I-70 Drive Southeast, east of Glenstone
                    Drive, from C-3 and M-C to M-1.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this rezoning consists of 12.31 acres.  The staff as well as the Planning and Zoning Commission had recommended denial of the original request, but since then, the owner has made proposed changes to the request.  He explained that the packet included a rewritten ordinance which basically calls for rezoning the east portion of the tract from C-3 to M-1 and the western portion from C-3 to M-C.
    Mr. Campbell made the motion that B208-99 be amended per the amendment sheet.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Because the amendment would be a substantive change to the ordinance, Mr. Boeckmann suggested that after opening the public hearing the issue be tabled to the next meeting.
    Mayor Hindman opened the public hearing.
    Tom Schneider, an attorney with offices at 11 N. Seventh, spoke on behalf of the contract purchaser, NBC, Inc.  He explained that they want to develop an industrial park on the subject property similar to the Boone Industrial Park.  He said there would be approximately 20 lots.  Mr. Schneider passed around photos of surrounding properties which consisted of Bourn Feed and Supply (a very intensive M-1 use with outside storage) and a ridge where Carl's is located.  Mr. Schneider noted there is a very substantial ridge to the west that separates the subject property from Woodridge Subdivision, and to the south there is a heavy tree line with the mobile home park on the other side.  Mr. Schneider reported that Mr. Overton (who owns the land the mobile home park is on) supports this application.  He felt the proposal was very compatible with the neighborhood.
    Mr. Schneider explained the application has been scaled back twice, and now would basically involve the extension of the existing M-1 and M-C zoning to I-70 Drive Southeast.  In both cases, the applicant would be giving up the C-3 zoning currently in existence.  Mr. Schneider said that Tract A needs the M-1 zoning because it is the property that Rowland Machinery Company has under contract, and it is the type of business that has to display their equipment outside.  He noted this company would be the anchor for the proposed industrial subdivision and would be located on the larger lot -- being approximately six acres.
    Mayor Hindman asked Mr. Schneider to bring the photograph of Rowland Machinery Company to the next meeting when the issue would be discussed again.
    Mayor Hindman adjourned the public hearing to the July 19, 1999, meeting.

B209-99     Rezoning property located on the northwest corner of Ballenger Lane and Ria Street from
                    R-2 and C-1.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this property contains about two acres of ground.  Denial was recommended by both the staff and the Planning and Zoning Commission.
    Mayor Hindman opened the public hearing.
    Courtney Herbst, 4606 Nick Court, explained that she and Ted Anderson own and occupy a duplex on Nick Court, and own the duplex behind them on Ria Street.  She reported they purchased the properties about two years ago from Mr. Godas, and the tenants living in the duplex on Ria have resided there for approximately three years.  When Ms. Herbst and Mr. Anderson purchased the properties, they were under the assumption that Mr. Godas was either going to build more residential units or a Greek Orthodox Church on the adjacent tract.  She said the property line for this commercial property is not more than 25 feet from their unit and no more than 50 feet from the duplex behind them.  Ms. Herbst indicated they are aware that approximately 12 acres of land was recently approved as commercial in the area, which is also owned by Mr. Godas.  They felt that to be enough commercial property for the area.  Besides the obvious traffic conditions, Ms. Herbst outlined that she is concerned about the vulnerability of their property and the neighborhood as a whole.
    Judy Johnson, 1516 McKee, a Zaring Neighborhood representative, distributed copies of a letter from the property owners of 5007 Orchard Lane in opposition to the request.  She noted there has already been quite a few areas rezoned to commercial in the neighborhood, and residents felt they did not need any more.  Ms. Johnson stated they are feeling "boxed in" by the commercial areas.  She spoke of concerns relating to traffic, the lack of a buffer between the commercial and residential properties, excessive lighting, the type of commercial development, and crime.
    Mayor Hindman closed the public hearing.
    Mr. Campbell commented that the Council recently approved a relatively large C-P tract directly across the road.  He thought they should see what develops in that area before adding any more commercial.  Mr. Campbell did not think this was an appropriate place for more commercial development.
    Mayor Hindman agreed, and said even if it were, he would be looking for planned commercial.
    B209-99 was given third reading with the vote recorded as follows: VOTING YES: NO ONE.  VOTING NO: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN.  Bill defeated.

B210-99     Rezoning property located at the south terminus of Yorkshire Drive from R-3 to R-1.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this 10.6 acre tract is located in west Columbia.  Both the staff and Commission recommend approval of the request.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Campbell said he was very much in favor of this down zoning.
    B210-99 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B211-99     Rezoning property located at 407 and 604 North Providence Road and 301 and 303
                    Hickman Avenue from R-3 to O-1.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that Tract A is located on the west side of North Providence and south of East Worley Street.  The staff recommended approval of Tract A,  but the Planning and Zoning Commission recommended denial.  Mr. Beck reported that Tract B is located at the northeast corner of North Providence and Hickman.  Both staff and the Commission recommended denial of the Tract B rezoning request.
    Mayor Hindman opened the public hearing.
    John Clark, 403 N. Ninth , Vice-President of the North Central Columbia Neighborhood Association, encouraged the Council to honor the rejection recommendation for the reasons presented at the Commission's public hearing.
    Mr. Janku asked if residents would be supportive of C-P zoning.  Mr. Clark said the neighborhood association is not in favor of any planned district without a plan until the issues are resolved regarding enforcement versus zoning arrangements.
    Mayor Hindman closed the public hearing.
    B211-99 was given third reading with the vote recorded as follows:  VOTING YES: NO ONE.  VOTING NO:  CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN.  Bill defeated.

B212-99     Approving the revision to the "Milo H. Walz, Phase 4" C-P Development Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this request pertains to a sign plan modification.  He noted that both staff and Planning and Zoning Commission recommended approval of the request.
    Mayor Hindman opened the public hearing.
    Matthew Borderson, American Family Insurance Agent with offices at 1705 N. Stadium, explained that he needed Council approval on this sign plan amendment because the actual sign itself was built prior to the sign ordinance.
    Mayor Hindman closed the public hearing.
    Mr. Campbell believed this to be a very minor point and felt there should be some way to handle such situations without people having to go through the Planning and Zoning process and coming before the Council.
    Mr. John said there is a procedure in effect that allows minor changes to C-P plans to be approved by the Planning Director.  He said if the sign ordinance does not allow that, it needed to be modified to do so.
    Mayor Hindman said there could be instance of minor changes being undesirable, although that was not the case in this situation.
    Mr. Beck felt the question had to do with the definition and interpretation of the word "minor".
    B212-99 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B213-99     Approving the "Boone Hospital Center Surface Parking" O-P Development Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck explained the location to be the southwest corner of South William and Bass Avenue.  It has been recommended for approval by both the staff and the Planning and Zoning Commission on a 5-3 vote.
    Mr. Coffman asked if this met all of the landscaping requirements for parking lots.  Mr. Bondra said it does.  Mr. Coffman understood there would be no trees in the interior.  Mr. Bondra remembered it being below the threshold in terms of the number of spaces requiring interior trees.
    Mayor Hindman opened the public hearing.
    Tom Schneider, an attorney with offices at 11 N. Seventh Street, spoke on behalf of the Boone Hospital Board of Trustees.  He said the main discussion concerning this actually involved off-site improvements which the neighborhood association and Hospital Trustees have been discussing and negotiating.  Specifically, it involves the extension of the sidewalk south of this lot where the hospital has a parking lot, but no sidewalk.  Mr. Schneider outlined the Trustees agreed to make certain off-site improvements, but understood there are still discussions between the association and representatives of the hospital.  For that reason, Mr. Schneider asked that this issue be tabled to the July 19, 1999, meeting.
    Mr. Coffman asked if there had been any discussion or exploration of burying the overhead lines on the south lot.  Mr. Schneider said he did not know, but thought the lines belonged to the City.  Mayor Hindman suggested moving all the lines on one side of the street if they could not be buried.
    Janet Hammen, 1416 Wilson, spoke on behalf of the East Campus Neighborhood Association and commended Boone Hospital for working with the residents.  She said they are appreciative of the hospital's willingness to work with them and what they were trying to do to help them enhance their neighborhood.
    Mr. Campbell asked Ms. Hammen whether she would be comfortable with the Council passing this ordinance while negotiations are still ongoing, or if she would rather see the issue tabled.  Ms. Hammen indicated she would be more comfortable with tabling the issue.
    Mayor Hindman closed the public hearing.
    As a resident of the East Campus Neighborhood, Mr. Coffman said he too has been very pleased with the way Boone Hospital has been working with the residents.  He said the most recent improvement that has been to the benefit of the neighborhood is the construction of the sidewalk along Ann Street.
    Mayor Hindman made the motion that B213-99 be tabled to the July 19, 1999, meeting.  The motion was seconded by Ms. Crayton and approved unanimously by voice vote.

B214-99     Approving the "Pride/Phoenix Soccer Park" C-P Development Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this park is located on the west side of Roger I. Wilson Memorial Drive in northeast Columbia.  As this area develops, he explained that the City has plans to bring Brown School Road across north Columbia.  Mr. Beck raised the issue pertaining to the width of the proposed sidewalk and who would be paying for it.
    Mr. Bondra explained that the applicants have added a statement to the plan (Item 14) indicating that a sidewalk will be built in conjunction with the street construction.  He noted the applicant specified a five foot sidewalk at the staff's suggestion.  Mrs. Crockett asked if the applicant identified who would pay for it.  Mr. Bondra said that was not stipulated, however, the Soccer Club had been opposed to having the obligation of a sidewalk when it was before the Planning and Zoning Commission, although he thought something had been worked out with the present owner.  He understood that the applicant has no problem with the statement being on the plan, and that whoever owns the property at the time would pay for it.  Mr. Bondra did not know what the mechanism would be.
    Mrs. Crockett asked Mr. Boeckmann what he thought about someone else paying for the sidewalk if it is just stated on the plan.  Mr. Boeckmann felt that was as good as they would get.  Mrs. Crockett said they have been told things like that before and she wanted to make sure the City would not have to pay for this sidewalk.
    Mayor Hindman said if it was stated on the plan, he assumed that meant they could not get occupancy permits.  Mr. Boeckmann said they would have trouble with that and he did not know what permits they would be needing, but that is a major way of enforcing notes.  Mrs. Crockett observed that would hold up the soccer fields.  Mr. Janku said if worse came to worse, the City could tax bill the cost of the walks.
    Mayor Hindman opened the public hearing.
    Tim Reed, Vice-president of the Columbia Soccer Club, said they had been working on acquiring this ground and building a soccer park for five years.  He said this is the final step to having everything in place.  Recently, the Soccer Club acquired a grant from the United States Soccer Foundation for $120,000.  He said that was expediting things a bit.  Regarding the sidewalk, the club is not in the business of building sidewalks, but the property owner is going to build it in conjunction with Brown School Road.   He understood that to be next summer.
    Mr. Beck pointed out that the letter said the developer would construct the sidewalks "if" they own the property when Brown School Road is built.  He said there was always transfer of ownership.  Mr. Reed said that was true.  He reported that Skip Walther was out of town, but he knows the details of the arrangement that the Soccer Club has made with the property owner.  Mr. Walther had said there is no intention that  the Club will own that property in the near future.  He took that to mean not in the next year or two for sure.
    Mr. Janku asked if the Club has a lease.  Mr. Reed said it was some creative arrangement, but he did not know what it was.  He reported the Columbia Soccer Club does own the property not zoned C-P (the area where the proposed indoor soccer building will be constructed at some point).  He believed the land the soccer fields are built on is owned by Drew Properties.
    Mayor Hindman asked about the Soccer Club and if it was a not for profit corporation.  Mr. Reed said it was.  Mayor Hindman asked how membership worked, if it was open for everyone.  Mr. Reed said it was open to everyone and that they serve about 3,000 kids with scholarships available to anyone that wants to play soccer.  Over the past few years, he said they have gone out of their way to try to distribute their registration forms in the elementary schools to increase participation.  Mr. Reed stated some schools have enormous groups of children that play and some of the elementary schools do not.   At this point, there are 169 teams playing in the upcoming season for the recreational division.  Mr. Reed noted the soccer park has been built primarily with funds that the competitive division has raised, but the park will serve both the recreational division and the competitive division of the Columbia Soccer Club.
    Mayor Hindman closed the public hearing.
    Mr.  Janku felt the park would be a great addition to the community and said he is looking forward to it.
    Mayor Hindman also thought it would be a great addition to the City and felt the sidewalk is important in this case.  He said there would be a lot of young people involved and it would also be serving future neighborhoods that are developed in the area.  Mayor Hindman also felt the sidewalk should be built to a five foot width.
    B214-99 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B217-99     Authorizing the development of Rothwell Park utilizing city forces.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this project had been budgeted for and City forces will be utilized to do the actual work.  He asked Mr. Hood to describe the project.
    Mr. Hood explained that this five acre neighborhood park was acquired by the City in 1986 as a donation from the Rothwell Neighborhood Association.  Since that time, the Park Department has provided standard maintenance (i.e., mowing, clean-up, etc.), but had not done any improvements to the park.  He pointed out that the 1995 ballot issue for sales tax extension included funding for improvements to this park.  During 1997 and early 1998, staff worked with the neighborhood association to develop this plan for the park with the hope of beginning the project during the 1998 construction season.  Mr. Hood explained as there had been more projects than they were able to get to, they are now looking at doing it this year.  He reported the plan calls for developing a small playground area, a walking path around the perimeter of the park, and a small picnic area.  Mr. Hood noted this is a very natural park that contains a lot of wooded area with many larger trees.  He said a lot of tree stand work is needed in the park.
    Mayor Hindman opened the public hearing.
    Kelly Mescher, 308 Stalcup, President of the Rothwell Heights Neighborhood Association, spoke in favor of the proposed plan.  She complimented Mr. Hood and his staff for working so closely with the residents.
    Mayor Hindman asked if the association had considered a hard surface for basketball.  Ms. Mescher said they talked about it, but it did not seem like there was that much interest because many of the streets are cul-de-sacs and a lot of people have basketball backboards.
    Mayor Hindman closed the public hearing.
    Mr. Campbell said the staff had listened very closely to the neighborhood, and he noted how this plan had changed greatly from what had first been proposed to the neighborhood.
    B217-99 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN.   VOTING NO: NO ONE.  Bill declared enacted, reading as follows:
 
(A)     Construction of sidewalks along the east side of State Route 163 (Providence Road) from
           Business Loop 70 to Texas Avenue.
    Item A was read by the Clerk.
    Mr. Beck reported the City has been corresponding with MoDot requesting that the City be considered on several different projects for the use of enhancement money, which is different from funds that are granted on a district wide basis.  The purpose of this hearing is to determine whether or not a sidewalk should be built.  Being proposed is a five foot sidewalk three feet behind the curb.  In addition, MoDot will give further consideration to pedestrian accommodations over the interstate as they continue the overall strategy of doing work on Providence Road.  The estimated project cost is $75,000, which would come from the previous quarter per cent sales tax shown in the ballot issue.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Janku appreciated there was money in the budget to proceed with this project.  He understood the sidewalk will only be on one side of Providence.  Mr. Janku assumed there could be landscaping on both sides of the street.  He is willing to be flexible in terms of the type of landscaping and he understood there was some concern about the size of trees.  He did not think there needed to be street trees at every landscaping location.
    Mr. Janku made the motion that the staff be directed to proceed with the construction of a sidewalk along the east side of Providence Road, from Business Loop 70 to Texas Avenue, including the I-70 crossing as outlined in the report (with the hope that the state will step forward with funding for a bridge), and that the staff develop plans for landscaping on both sides of the entryway.  The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

(B)                  Construction of street improvements related to the CenterState Development (Vandiver
                        Drive Extension, Vandiver Drive/Highway. 63 Interchange, Lake Ridgeway Road and
                        Woodard Drive.)

B195-99A     Authorizing an agreement with Boone County related to the construction of public
                       streets including the Vandiver Drive/Highway 63 Interchange.

B196-99A     Authorizing an agreement with CenterState Properties, L.L.C. related to construction of
                       public streets including the Vandiver Drive/Highway 63 Interchange.

B221-99       Appropriating funds for Vandiver Drive/Highway 63 Interchange.
    Mayor Hindman asked that Item B and the three bills be read in together so as to be discussed at the same time.  He noted that they would be voted on separately.
    Mr. Beck reported when US 63 was originally built, some were hoping for a connection with Vandiver Drive and 63, but that did not occur.  He explained it had not been possible to ramp Mexico Gravel Road up in that particular location because it would have been too close to Route B in accordance with MoDot standards.  Being proposed tonight is the construction of a new interchange on US 63 that would connect Vandiver Drive from the west onto US 63, and Mexico Gravel Road from the east onto US 63, wherein traffic traveling south would be able to get directly on 63 without going to the "spur" area at Route PP and US 63.
    Mr. Beck noted that there have been a lot of discussions with a developer who has been interested in developing the area.  The reason why this is timely in working with the developer, the County, and also MoDot is that a substantial part of the right-of-way involved in the overall project could be under single ownership, and one of the big problems in doing this kind of a development is, in fact, to be able to obtain right-of-way for a project of this nature.  In this case, Mr. Beck understood there would be a single ownership on a large part of the right-of-way on the west side of US 63, and quite a bit of the right-of-way on the east side of 63, but not all of what would be needed to make the connection.
    Mr. Beck explained the project itself has been planned in phases with the first phase, as far as the financial aspects of the roadway itself, amounting to about $5,689,000.   Mr. Beck said the proposal is to have a partnership between the City, the County, the developer, and hopefully MoDot.  However, the partnership with MoDot is not assured.  The developer would be involved in providing the necessary right-of-way, the County would provide funding in the amount of $1,168,000, and the City's contribution would come to $2,088,000.  Mr. Beck indicated MoDot might provide $850,000 in funding.
    Mr. Beck reported that Mr. Watkins has been looking carefully at the potential development for the area.  He said the City's primary interest that must be considered is the roadway network as to how it helps the community in both the short-term and long-term.  The other aspect to consider is the infrastructure that is required to support any future development.  From an infrastructure standpoint, there are water mains and a sewer line in close proximity and electric is available.
    Mr. Beck reported there are policies in place relating to what the City would pay for and what a developer would have to pay for -- or property owners if in a developed area.  However, there is no definite policy relating to the interchange itself.  He indicated the City have been involved in some other limited breaks in access.
    Mr. Beck explained that the zoning is in place for the proposed development, and there have been a lot of discussions with the neighborhood associations.  Mr. Beck said everything has been reviewed from the greenbelt plan in the area as to how the property would be buffered.  Tonight, the Council needs to deal primarily with the roadway and how it will be funded.  The three items on the agenda would provide for agreements with the developer, agreements with the County Commission, and allow for funds to be appropriated so the project can proceed.
    Mrs. Crockett asked who would pick up the $850,000 tab if MoDot did not.  Mr. Beck replied the City could pay for $500,000 of it and the developer would pay the rest.  Mr. Campbell asked how those figures had been arrived at and why the developer could not pay the entire amount.  Mr. Beck said the City does not have an interchange policy because we do not build many of them.  In talking with the developer, he had found that they had worked on a finance plan as to what they felt they could do and donate in the way of right-of-way, in addition to the arterial and collector streets.  Mr. Beck thought this was about as much participation on off-site improvements that the City has ever obtained, except with the possible exception of the Columbia Mall.
    Mr. Campbell said this would put $2.5 million of the City's road money at risk.  He asked if there was any systematic comparison of where the $2.5 million might be better spent.  He wondered if this project is the City's highest priority.  Mr. Beck said about a year ago staff intensified looking at what Columbia's needs would be in the way of roadways and how much resources would be available.  He commented it was prior planning for what they would need to do with the next financial resource issue that might be put to the voters of Columbia.  In reviewing this issue, roads were prioritized -- the ones they knew would be coming up.  Mr. Beck stated that staff had been able to figure out that during the next five years, the City is assured of having resources for about $48 million worth of roadway work.  He reported staff reviewed this project to see how it would fit in the overall plan, and whether or not it would slow down other projects.  It was his understanding that because this project will be done in phases over a period of time, it would fit in the plan.  Mr. Campbell thought some major projects had been left out such as the extension of Stadium.  His point was that there are other priorities as well.
    Mrs. Crockett noted that the County gives the City a rebate every year off of the road tax.  She asked if we would still get that in addition to the funding for this project.  Mr. Beck said the City would.
    Mayor Hindman opened the public hearing.
    Curtis McDonald, with CenterState Properties, L.L.C., explained that he is the developer in question.  In looking at the property, he had found that there is really no good access to the site, and not only to the tract in question, but also acres of ground in the immediate vicinity going all the way to Route B.  He had looked into the issue and the process of discovery began when he went to the State to describe the possibility of the interchange.  Mr. McDonald reported he had met with both State and City officials.  He said the State had just begun to think about the Clark Lane and 63 connector problem.  Immediately, Mr. McDonald received an endorsement from the State that there should be, in their opinion, a break in access at this point because there was no east/west connection through the City of Columbia.  He said the State was also looking for anything that could provide relief for Clark Lane.
    Mr. McDonald reported he put up the financing for traffic studies, which were reviewed by the State and the City.  The first study was to determine if a break in access was necessary at this location.  It pointed out that without a break in access on Highway 63 at this point, eventually any development in this area, which is inevitable to occur as an in-fill site, that the circuitous patterns developing would cause system wide failure in this region of the City -- particularly Route B because people would have to go up 63 and back down Route B to infiltrate into this site.  Based upon that study, he had been given concept approval for the break in access from MoDot.  In addition, the proposal went through a lengthy review by the City and the CATSO Committee, and the staff and Committee actually upgraded the plan.
    Mr. McDonald stated that initially, they were going to have Vandiver come across and connect to Mexico Gravel and have right on/right off ramps and use the Mexico Gravel Bridge to get across. He said it was serviceable, but something much less expensive.  The plan evolved and Vandiver Drive grew in critical importance -- that it should connect across and connect with Mexico Gravel and provide that east/west arterial road north of I-70 that Columbia needed.  Mr. McDonald reported that is the final analysis the Council is now seeing.  It is anticipated that there will be a great deal of traffic siphoned off of Ballenger and Clark Lanes by utilizing this interchange, even in Phase I, as a means of accessing Columbia's limited highway system.
    Regarding the County's participation, Mr. McDonald felt the reason they were participating financially, over and above their normal contribution, and the reason the State is so cooperative and supportive of this break in access, is because it provides a critically needed component to the City of Columbia's transportation system.
    Mr. Campbell observed that everything on the east side of 63 does not connect and he could not understand how this interchange would help.  Mr. McDonald said that is correct, this was speaking directly to the issue of when the State will kick in their money.  He said it is anticipated that right from the outset there is a connection.  One can come down Mexico Gravel Road and access Woodard Lane.  He said that is only another 2,000 feet or so of driving in order to access the intersection.  Mr. Campbell said that would not help directly off of Clark Lane or the area that is heavily congested.  Mr. McDonald said it is anticipated to do so.  He is required to do a traffic study for the State so they can determine when the District can go after the extra funds.  Mr. McDonald commented the interchange is expected to provide immediate relief to the area.  He gave some possible scenarios and said when Phase I is completed, it is anticipated that a significant percentage of those people who live at Mexico Gravel and Ballenger will come down Mexico Gravel Road, get on Woodard Drive, drop down to Vandiver and get on to US Highway 63.  He said this is expected to divert quite a number of cars off of Clark Lane.  Mr. McDonald noted the study would determine exactly how many.
    Traveling south, Mr. Janku assumed one could get off 63 and go through the cloverleaf to head east by going through the stop lights.  Mr. McDonald said that was correct.  He said the goal, in terms of Clark Lane traffic right now, is to put people on a road that is less heavily traveled than I-70, which is US Highway 63.  He explained a motorists new route of choice will be to get on 63 and stay on the bypass and use some of the east/west roads that exist south of I-70 to get across town, like Broadway, Stadium, and AC to Nifong.
    Mr. Campbell asked what would happen if the traffic study were to confirm his suspicions, and not Mr. McDonald's suggestions, that the interchange will not make a major dent on the Route PP traffic problems.  Mr. McDonald said that would mean that the State will stick to their plan to really look to contribute their share of resources once Vandiver is fully connected directly to Mexico Gravel Road.  Mr. Campbell asked if there was a possibility that the State would conclude the interchange was not going to help the situation very much so they decide not to participate.  Mr. McDonald said the State could decide that.  Mr. Campbell reported he would feel more comfortable if some of the east side was connected more directly.  Mr. McDonald said without a doubt that east side connection is a critical part of the plan.  What they are trying to do with the initial traffic study is to bring on the State's contribution more quickly.
    Mr. Janku pointed out that the agreement provides for the option that the City can back out of the project if the developer cannot come up with evidence that the project will move forward.  Mr. McDonald said that was correct, there is a requirement to have a certain amount of commercial retail space committed to being built on the property.  He said that was something both the City and County wanted to have and something they are confident they can produce.  He said the development agreement allows him further opportunity to demonstrate that this should happen.  Mr. McDonald reported that all of the engineering costs would be at his expense so that the City is not exposed to what might happen at the State level with regard to what will or will not work.  He explained the agreement allows him to line up all of the resources to demonstrate that the retail demand is there.  Mr. Janku asked Mr. McDonald if he is confident the project will move forward.  Mr. McDonald said he is completely confident it will.
    Mayor Hindman said this would be a major gateway into the City of Columbia.  He viewed the opportunity to get an east/west crossing very important.  He felt the ramp, in the long run, would be very important also.  He understood Mr. McDonald had indicated he would be interested in making it sort of a boulevard through the area with landscaping in the center.  Mr. McDonald said that is correct.
    Mr. Campbell asked if there were any cost estimates for completing the network on the east side.  Mr. Watkins displayed numbers which includes the cost to improve Mexico Gravel Road to PP.  Mr. Campbell said they were only considering one-half the cost tonight for the City, $2.5 million is less than half of the cost.  Mayor Hindman asked if that was without the MoDot contribution.  Mr. Campbell said that was what was being shown.  Mr. Watkins said they are looking at a phasing situation with the first phase allowing the east/west connection through Woodard Lane.  He indicated it is the belief that this would provide good east/west access through the area. At some point in time, Mr. Watkins commented staff wanted to make the Council aware that it will probably be necessary to extend the Vandiver link through the area.  He noted if a bridge has to be constructed over Hinkson Creek it will be very expensive, However, staff has looked at a couple of options.  The first option is that the first east/west connection will be more than adequate and nothing further will have to be done.  The second option is to continue a road up to Mexico Gravel Road.  The third option is to extend Mexico Gravel Road due east to Ballenger Lane.  Mr. Watkins explained staff has not looked at those options because it was felt the proposal would be adequate.  If the State Department says the Highway Department needs to do something else, then they will begin to look at what the options are.  Mr. Watkins stated they would come back to the Council at that time.
    Mr. Campbell asked how much the south/east connection would cost.  He was not convinced that building this rather circuitous connection is going to provide much relief to Ballenger and Route PP.  Mr. Watkins reported the Creekwood Parkway connection is shown to cost $1.8 million.  He indicated most of that would be paid for by the developer.
    Robert J. Young, 4406 Mexico Gravel, passed around a map.  He agreed with Mr. McDonald in that the residents do need some sort of relief in the Ballenger Lane area, however, if that traffic is routed on Mexico Gravel Road, especially with the intersection at PP and Mexico Gravel, there will be more traffic deaths than anyone could imagine.  Mr. Young said it is a dead sighted intersection from three directions.  He outlined what he thought some other options might be.  One option was to build a road that connected with Aztec and Crites Lane.  Mr. Young pointed out the City already has a 100 foot wide dedicated right-of-way going down to a farm some distance.  Instead of funneling all of the traffic into two intersections, he thought it should be funneled into three intersections.
    Mr. Janku noted that Mr. Young's map showed the proposed streets crossing Hinkson.  He said that would involve some sort of a bridge.  Mr. Young replied that Mr. McDonald had already said a bridge would need to be built anyway.  Mr. Janku wondered about the topography.  Mr. Young said it was true that there are some bluffs.  He said on the line going to Rice Road there is an old mine road that goes up the hill.  He said that would be workable, but Rice Road would have to be rebuilt also.  Regarding Crites Lane, Mr. Young was not sure how that would work due to the bluffs.  He noted, however, that the bluffs are not very steep and could be cut down fairly easily.
    Mayor Hindman said Mr. Young was making suggestions for what Phase II might look like.  Mr. Young said that was correct, but it was already being set in stone that there was only one way to go, that being Mexico Gravel Road.  He wanted to see the agreements amended so that other alternatives could be considered.
   John Aspaugh, 2809 Skyview Road, explained that his 180 farm sets on the east side of Hinkson Creek.  He pointed out his property on the map and indicated that it ends a fair distance south of the interchange.  Of the 180 acres he owns, his property lines are at places like Oakview Drive, Crites Lane, Stevendave Drive, and a whole series of streets that dead end on his property line.  Mr. Aspaugh noted that he and his wife have owned their property for 20 years and they have no plans to develop it.  He said they are close neighbors of CenterState's and they want to cooperate with them.   Mr. Aspaugh stated he and his wife are not in opposition to the proposal, however, they have some concerns.  One related to the position of the proposed overpass over US 63.  Because of the way it has been positioned, it will have a substantial impact on what could be done further on to the east.  Mr. Aspaugh indicated that immediately to the right of the interchange on Hinkson Creek there is a major sewer pumping station.  He thought they needed to decide whether a bridge would be north or south of this pumping station.  He did not think all of the options have been considered.  Looking at the way the land lays as it comes to his farm, Mr. Aspaugh said there are two options to go east.  He did not think the option with the most potential had been explored.  He felt the proposal would cause a serious traffic problem on Mexico Gravel and that it should be widened and improved.  Mr. Aspaugh believed the option of going up to Mexico Gravel would lead to a poor traffic pattern.  He pointed out that the proposed road would be located in the 100 year flood plain.  He said that section of the field is where the farmers always get stuck with their tractors when they try to farm the field.  He said massive amounts of rock base would have to be brought in to build a base to put the road on.  Due to that factor, he felt the construction cost of the Vandiver link will be far more than what is being anticipated.
    Mr. Aspaugh asked the Council to consider crossing Hinkson Creek and, instead of going north to Mexico Gravel, take a right turn and come around the base of the hill where there is a draw.  He said it gives a fairly gentle slope all the way up to connect to Crites Lane.  He pointed out that Crites Lane is currently owned by the City and there are no houses in the way.  Mr. Aspaugh did not believe the cost of construction for this route could be much more than the Vandiver link.  He asked the Council to amend the plan to go to Crites Lane.
    Larry Schuster, 3109 Hill Haven Lane (which is located directly off of Mexico Gravel Road, back to the west of the current overpass over 63), spoke in support of the proposed alignment.  He said if the Crites Lane route is built, they would be taking the east/west roadway to a dead end.  By bringing the road up to the north further and tying it in as shown, it would eventually lead to Route Z.  Mr. Schuster thought moving the road to the south would be very shortsighted.
    Nile Kimball, 3000 E. Henley, President of the Mexico Gravel Neighborhood Association, agreed with Mr. Schuster, as he is someone who travels the area on a daily basis.  He would like to hear more about Crites Lane, but agreed with the notion that if the road goes north, with a little work at the PP and Mexico Gravel intersection, a corridor would be established that goes to the east.  Mr. Kimball did not want to see the project delayed.
    Robert Swearingen, 2908 E. Henley Drive, thanked the Council and staff for their efforts in respect to this proposal.  Having been the President of the Mexico Gravel Neighborhood Association, he said residents have had a very unique opportunity working with the developer.  Mr. Swearingen noted with the proposed development planned for this location, as well as all of the residential development that has been occurring in the northeast, people are discovering it is a nice place to live.  He commented the growth in this area would put a lot of strain on the infrastructure, but he felt Columbia would cope like it always has.
    Mayor Hindman closed the public hearing on all of the above bills.
    Regarding the $48 million Mr. Beck mentioned being available over the next five years, Mr. Janku was sure that Mexico Gravel Road improvements are on that list.  Mr. Beck said that was correct.
    Of the $7.4 million committed by the City for this project, Mr. Campbell asked how much of that is in the $48 million.  Mr. Patterson said the entire amount is not included in it.  He said Creekwood is not included.  He said Mexico Gravel is included, but it is one of those roads that are subject to additional County funding above and beyond the County rebate funds.
    Mrs. Crockett asked if Mr. Patterson is referring to the section of Mexico Gravel from Route PP over to the bridge.  Mr. Patterson said he is referring to the portion identified in the funding schedule as being $1,125,000.  He said that is from the Vandiver link out to Ballenger Lane.  Mrs. Crockett did not think the area from PP coming back west to the bridge was being considered at this time.  Mr. Patterson said it was not at this particular point, but it is part of the long range plan.  Mrs. Crockett remembered it being put on the CIP two years ago.  Mr. Patterson said that was correct.  He said that is the project shown as being funded only if the City receives additional County money out of their proposition on the last ballot issue where they had the revenue sharing for joint projects.  He said that is not money we have in the bank.
    Mr. John asked about the cost of Mexico Gravel Road over Hinkson Creek to PP.  Mr. Patterson said that was the $3,590,000.  He pointed out a big part of that cost is the bridge over Hinkson Creek, which will cost more than $1 million.  Mr. Patterson said his understanding of the agreement before the Council does not obligate the City to the immediate construction, but as Mr. Watkins said, it would be coming back at some point.  He felt they would be successful in demonstrating that they can do Phase I in such a manner that it does not cause a degradation of the Clark intersection and possibly cause some improvement.  He said everyone recognizes that if it develops as it is anticipated, we need to commit ourselves to the projects.
    Mrs. Crockett said she would support this project and commented that she has said all along that Mexico Gravel from the bridge to PP needed to be widened.  She said if the interchange is constructed to tie into Vandiver, the land will develop and sales tax will be generated off of it.  Mrs. Crockett realized it was going to be costly, but the developer and the County would be sharing the cost.
    Mr. Janku said he also planned to support the project.  He said apart from the shopping center that is expected to go in, the community will benefit from this.  Driving the area almost daily, he can testify to the people that take circuitous routes.  He believed the interchange would have a significant economic benefit to the community as pointed out by the figures the Council had been given in terms of potential sales tax.  He said the figures also included property tax for both the City and the School District in the amount of $200,000 a year.  Mr. Janku felt the best reason to support this project is that the City would be doing it right up front.  He noted it is a big cost, but to do things right often costs a lot of money.  Mr. Janku pointed out there are major problems around town where development has gone in before infrastructure.  He said if the project is developed in a piecemeal fashion, the City would be paying for it in the long run -- probably at a higher cost.
    Mr. Campbell said if the Council does not approve these agreements tonight, the project will not occur.  He stated it is not a question of doing it right up front, but a question of whether it is done at all.  Mr. Campbell commented the Council is faced with a decision tonight on a $8.2 million project -- which is very significant.  He noted there are other very significant needs not on Mr. Beck's $48 million list.  Mr. Campbell is not convinced yet that the present design will do much to relieve the traffic congestion in the area.
    Mr. John reported that he was on the Planning and Zoning Commission when they discussed moving Highway 63 onto the Major Thoroughfare Plan.  He remembered looking at it and wondering how many accesses and how many ramps could be stacked in a short distance.  He related there are already breaks at Prathersville, Oakland Gravel Road, Route B, the ramps to the Clark Lane interchange and the overpass, and now this proposal.  Mr. John observed there are very short distances between the breaks, and he realized the Highway Department has signed off on this proposal.  He also knew in the beginning the break was going to occur, but that was when it was Mexico Gravel Road and slip lanes were going to be constructed, and the bridge at Mexico Gravel Road would be utilized as the overpass.
    Mr. John sees a bottom line of $8 million, realizing that $2.08 on top with another half million if the Highway Department does not come through.  When looking at the figures showing the City receives approximately $500,000 a year in revenue, he pointed out that only $154,000 is the portion of that revenue derived from the transportation tax.  Mr. John reported if the City's interest was put on it and it was bonded out, the road tax would not pay for it.  He said the whole thing would pay for it and the City would still have to provide fire, police protection, do maintenance on the roads and keep them cleared of snow, so all that money cannot be considered "found" money.  Mr. John indicated that is why he is only using the transportation money, which does not pay for the $8 million.
    Mr. John understood the developer was going to fund another traffic study that would show a need for the connection.  However, after having looked at the traffic on Clark Lane, there are 18,000 cars at the interchange, it dies to 11,000 by the time it gets close to where Clark and Ballenger split (and becomes 8,000 very quickly), it is only 3,000 to 4,000 cars at the intersection with Mexico Gravel Road.  Mr. John noted if 80% of the traffic is at Clark Lane, this connection would not relieve 80% of the traffic  at Mexico Gravel.  He did not believe people are going to drive from Olympic Drive back up to Mexico Gravel to get around.  Mr. John felt that Mexico Gravel needs to be fixed and straightened out.  He also thought the bridge needed to be put in, but he could not see spending an additional $5 million in cost to construct the other roads to benefit this development.  Mr. John stated he cannot support this issue.
    Mr. Campbell questioned if the State decides it cannot contribute the $850,000 because there are other high priority items, then the City would be obligated to put up another $500,000 and the developer would be obligated to put up another $350,000.  Mayor Hindman said that was correct.  Mr. Campbell remarked then the City's immediate commitment would actually be $2.5 million.
    Mr. Janku agreed with Mr. Campbell.  He said they are talking a lot about the State's involvement, and even if the developer could show a benefit, they may not want to fund it.  He remarked the question to him was what the study will show to the benefit of Columbia.  Mr. Janku noted that two Council members feel the benefit is minimal or non-existent, but he has a sense, because he drives the area so much, that it would have some benefit.  He thought that was the issue.  Mr. Janku said if it is the Council's feeling that the developer needs to demonstrate the benefit to the community, then maybe the agreement needs to be amended to stipulate that when the study comes back, the Council will then make a judgement about the $500,000 depending upon whether or not the benefit to the community is sufficient to support the project.
    Mr. Campbell felt they were getting ahead of their game.  He wondered why the study had not been made already so the Council could make a decision on it.  He suggested tabling the issue until the developer comes back with the traffic study.
    Mrs. Crockett noted the State has already given the City $10,000,000 to improve AC.
    Mr. Beck reported one of the issues the City should look at as a community is the interest in the area.  The second was what obligation will the City not have.  He said the City would be paying for the extra width and thickness of Vandiver Drive and for the work on Mexico Gravel Road, both of which have to be subtracted from this project.  He said to a great degree this issue pertains to the interchange cost, unless the area remains undeveloped.  Mr. Beck felt the interchange would help the traffic circulation for northeast Columbia.  He explained the City has an opportunity to take a comprehensive look at a connection because the property owner has substantial interest in the land on both sides of this interchange.  He said that takes the right-of-way issue out of it, not all of it, but a lot of it.  Mr. Beck wondered if this development did not occur, whether that meant the City would not make improvements to Mexico Gravel Road, while at the same time the northeast area of Columbia is being substantially developed.  He noted those developments will feed into Columbia in one of a couple of ways.
    Mr. Campbell asked since the State has requested a traffic study, whether there was a big hurry for the Council to make a decision tonight.  Mr. Beck believed Mr. McDonald is looking for a commitment in his overall financial planning, knowing he will have local community support to take care of this last infrastructure problem before spending much more money.
    Mr. Campbell asked Mr. McDonald if it would be possible to delay this decision until the traffic study has been conducted.  Mr. McDonald replied that he has run out of time as this project has already taken him three years.  He commented he is down to the wire as far as the financial commitments he has made (the contract to purchase the property).  Mr. McDonald has been extending the purchase contract and time has run out.
    With regard to the traffic study, Mr. McDonald said one had been done up front and it had been a most comprehensive study because it included the entire region surrounding Clark Lane.  He reported the study confirmed the need for a break in access, and without one there will be system failure.  Mr. McDonald indicated the additional traffic study is more by way of a political consideration from the side of the State.  He stated the District Engineer has committed that he will support this request for funds based upon the traffic study, which will be limited in scope.
    By far and away, Mr. McDonald said the major global consideration is the system wide failure of the road, which will occur according to the initial study.  He noted they spent tens of thousands of dollars on the study and it was very professionally done.  He said the CATSO Committee looked at it extensively and their irrevocable conclusion was system failure without the break in access.  He said it is on that basis that he continues to go forward.  Had he known that the District Engineer would ask for this latest study as his last "bit of juice" to go after the funds aggressively, Mr. McDonald would have had it done earlier.  Mr. McDonald reported he does not have the funds or the time available to move forward unless the agreement is approved.  He believed he could go to the State and get the District Engineer to firmly support the project.  Mr. McDonald cannot make any guarantees, but he would do his best.
    Mayor Hindman agreed that this is the City's opportunity to have infrastructure in place before development occurs.  He believed their basic goal ought to be to in-fill development within the City.  Mayor Hindman said this is a wonderful opportunity to have the infrastructure and to get a development that will help consolidate the city.  He remarked there was no doubt in his mind that there will be very substantial infrastructure expenses in this area.  Mayor Hindman was not sure what the eventual outcome will be, but thought the infrastructure needed to be in place.  If it turns out to be a relief to the traffic congestion on Route PP and Clark Lane, he saw that as a bonus.  Mayor Hindman indicated he is in favor of this agreement in any case.
    Mr. Campbell said he would take a chance and vote in favor of the project.  He listed the dangers, but in light of Mr. Janku's comments, and partially because of what the developer said, he thought it was a chance to get ahead of the game.  Mr. Campbell would like to see what happens being ahead rather than playing catch up all of the time.
    Mr. John believed that whether this is voted up or down, the City needed to look at Mexico Gravel Road and get it straightened and fixed.  He reported he had done his analysis assuming that they spent the money to straighten and fix the road and still did not see the benefit.
    Mr. Coffman said he had heard convincing arguments and felt he could support the issue.  He was hopeful the traffic problems on Clark Lane would be addressed.
    B195-99, as amended, was read with the vote recorded as follows:  VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, COFFMAN, HINDMAN.  VOTING NO: JOHN.  Bill declared enacted, reading as follows:
    B196-99, as amended, was read with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, COFFMAN, HINDMAN.  VOTING NO: JOHN.  Bill declared enacted, reading as follows:
    B221-99 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, COFFMAN, HINDMAN.  VOTING NO: JOHN.  Bill declared enacted, reading as follows:

OLD BUSINESS
B200-99     Authorizing Changer Order No. 3 with Paric Corporation in connection with the Sixth and
                    Cherry parking garage project; authorizing a settlement agreement.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that the City's final payment will be $87,552.50 and will be paid from the parking utility.  He explained this amount includes a deduction for liquidated damages in the amount of $55,000 due to the delay in completing the project.
    B200-99 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B203-99     Confirming the contract of Emery Sapp & Sons for the Grant Lane improvement project.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that four bids had been received on the project with the low bid being from Emery Sapp & Sons in the amount of $668,668.40.
    Mrs. Crockett understood there would be no parking on either side of this street.  Mr. Beck said that was correct.
    Mr. Campbell commented that he is pleased to see this project moving forward.
    B203-99 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B206-99     Approving the final plat of Vanderveen Plaza, Plat No. 1; authorizing a performance
                    contract.
    The bill was given second reading by the Clerk.
    Mr. Beck felt that the question raised at the time of the preliminary hearing had been satisfied.  He said the developer will be building a center left turn about 1200 to 1400 feet long at a cost of about $100,000.
    Mr. Janku commented that this would improve access at 763 and make it much safer.
    B206-99 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CAMPBELL, JOHN, COFFMAN, HINDMAN.  VOTING NO: NO ONE.   ABSTAINING: CROCKETT.  Bill declared enacted, reading as follows:

B215-99     Voluntary annexation of property located west of Scott Boulevard, between The Hamlet
                    and Georgetown Subdivisions.
    The bill was given second reading by the Clerk.
    Mr.  Beck explained that this property consists of about 55.5 acres and is located in west Columbia.  The indicated use is R-1.
    B215-99 was give third reading with the vote recorded as follows: VOTING YES:  CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B218-99     Amending Chapter 14 of the Code relating to towing abandoned and illegally parked
                    vehicles.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that some time ago, the State Legislature amended the statutes relating to the towing of vehicles.  He said this ordinance is patterned after those changes.  Mr. Beck pointed out that it defines abandoned property, identifies what can be towed, and how this is reported to the Department of Revenue if the vehicle is towed.  It will also allow the Police Department to sell unclaimed vehicles after following certain procedures.
    There was a discussion about rental property and landlords being responsible for towing unlicensed vehicles.  Mr. John asked if this would give the landlord the authority to have the vehicles removed.  Mr. Boeckmann said this ordinance does not deal directly with that situation.  He said there are a lot of unanswered questions and it would depend a lot on the lease as to what kind of rights it would give the landlord in those situations.
    Ms. Crayton asked if the ordinance would cover residential property.  Mr. Boeckmann said it would deal with the situation of someone who trespasses on private property and then abandons a vehicle on that property.  Ms. Crayton was concerned about the sitting cars that are covered up.  She felt they were very dangerous as children could get trapped in them.  Mayor Hindman suggested the Council revisit that ordinance.
    Mr. Campbell understood that this ordinance would eliminate the requirement of posting signs (18 x 24 in size).  He said a constituent had been directed by a police officer to erect such a sign in his residential neighborhood.  Mr. Campbell asked how this ordinance would effect that.  Mr. Boeckmann said the current ordinance has what is referred to as a trespassing ordinance on parking.  If someone parks a car on property that is not their own and the property is properly posted, then the car could be ticketed and eventually towed.  He said there are similar provisions in the State statute so that businesses can still post their property and follow the procedure for getting vehicles towed, but the City ordinance would allow the person in possession of the real property to have a police officer authorize a towing company to tow the vehicle parked or left standing from the property.  It lists two circumstances in which this could occur: the first is if the abandoned property is left unattended for 48 hours; and, the second pertains to when in the judgment of the member of the police department, the abandoned property constitutes a safety hazard, or unreasonably interferes with the use of the real property by the person in possession.
    William Woodward, 200 A Unity, asked if the signs people already have would have to be replaced.  Mr. Boeckmann explained that the current ordinance defines what is supposed to be on the sign, but actually for the last year or so there is a State statute that preempts it.  He said the language is a little different, but a lot of the businesses are already familiar with it and have been operating under this statute.  As far as changing the language on the signs, Mr. Boeckman indicated a person would have to check on the language in the State statute.
    B218-99 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B219-99     Appropriating funds for the Memorial Tree and Bench program.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that each year a number of contributions are made toward the Memorial Tree Program, as well as the Heritage Tree and Bench Program.  He said the money is accumulated in a special fund in the Finance Department; however, before any money is expended it must be appropriated by the City Council.  This particular appropriation for $10,000 is for memorial trees and benches.
    On behalf of the Council, Mayor Hindman thanked everyone that has contributed to this fund.  He said these programs have been outstanding successes and the impact to the community is impressive.
    B219-99 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B220-99     Appropriating funds donated by local hospitals for the purchase of automatic external
                    difibrillator units.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the three area hospitals had said they would match City funds (which were budgeted last year) to allow for the purchase of the defibrillator units.  He said the hospital's have contributed $15,000 for 18 units.
    Chief Markgraf displayed one of the units.  He explained that the units will be carried on all of the department's front line apparatus as well as in all of the Fire Marshal's cars and the training cars.  He explained how the fire personnel analyze situations where a heartbeat may be irregular or possibly even stopped.  Chief Markgraf was hopeful the units would be ready to use by the first of September.
    Mr. Beck thanked Boone Hospital Center, Columbia Regional Hospital, and University Hospital and Clinics for their contribution.  He said it would be a very good addition to the Fire Department's overall program.
    B220-99 was given third reading with the vote recorded as follows: VOTING YES:   CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN.  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.

B201-99     Authorizing the acquisition of easements for the Alton Avenue drainage improvement
                     project, Phase III.
B202-99     Authorizing the acquisition of easements for the Bear Creek Trail Phase III.
B204-99     Approving the final plat of Vanderveen Crossing, Plat No. 1; authorizing a performance
                    contract.
B205-99     Approving the final plat of Vanderveen Crossing, Plat No. 2; authorizing a performance
                    contract.
B207-99     Vacating a portion of a sewer easement within the Eastgate Plaza Development;
                    accepting an easement for sewer purposes.
B216-99     Accepting easements for utility purposes.
R126-99     Amending various contracts with home health care agencies.
R127-99     Authorizing an agreement with Classic Balloon Event, Inc.
R128-99     Authorizing an agreement with the University of Missouri for a joint research project to
                    evaluate settlement in the landfill.
R129-99     Authorizing a sublease agreement between APAC-Missouri, Inc. and Ozark Air Lines, Inc.
                    for use of APAC's hangar at the airport.
R130-99     Authorizing a grant application to the Missouri Department of Natural Resources for
                    development of a playground in Nifong Park.
R131-99     Authorizing an interruptible service agreement with Boone Quarries.

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

NEW BUSINESS
R132-99     Directing the City Manager to review the feasibility of annexing city-owned property
                    located west of Scott Boulevard and north of Georgetown Subdivision.
    The resolution was read by the Clerk.
    Mr. Beck explained that the City owns this 10 acre tract of land on which an electric substation is located.  He said the property is now contiguous to the City based on some recent annexations.  Staff is recommending commencement of the procedure.
    Mr. Janku said he was surprised that A-1 zoning was appropriate.  He thought it might surprise some people that an A-1 zone could be a rather intense public utility site.  Mr. Bondra explained that A-1 zoning has a category that refers to public utilities.  He said it is the only district that has that, so it was probably as close as anything the City has to accommodate a substation.
    The vote on R132-99 was recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN.  VOTING NO: NO ONE.  Resolution declared adopted, reading as follows:

R133-99     Approving the preliminary plat of Little Bear Industrial Park.
    The resolution was read by the Clerk.
    Mr. Beck explained that this plat contains approximately 25 acres and is located on the south side of I-70 Drive Southeast.  The Commission recommended approval.
    Mr. Janku pointed out that the Council had tabled the rezoning on a portion of this property earlier.
    The vote on R133-99 was recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN.  VOTING NO: NO ONE.  Resolution declared adopted, reading as follows:

R134-99     Approving the preliminary plat of Valley View Ridge.
    The resolution was read by the Clerk.
    Mr. Beck said this tract about 15 1/2 acres and is located between Barberry Avenue and Westwind Drive.  It would create 11 R-1 lots and 24 R-2 lots, and was recommended for approval by the Planning and Zoning Commission on a 7-0 vote.
    Mr. Janku noted the discussion regarding the need for street improvements in the area.  He was sure the Council was well aware of the situation.
    The vote on R134-99 was recorded as follows: VOTING YES: CRAYTON, JANKU, CAMPBELL, JOHN, COFFMAN, HINDMAN.   VOTING NO: NO ONE.  ABSTAINING: CROCKETT.  Resolution declared adopted, reading as follows:

R135-99     Authorizing an Adopt-A-Spot agreement with Friends of Boone County Group Homes.
    The resolution was read by the Clerk.
    Mr. Beck said the City is most appreciative that the Friends of Boone County Group Homes is adopting this area.  Not only do these spots help beautify the city, they also help the budget.
    The vote on R135-99 was recorded as follows: VOTING YES:  CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN.   VOTING NO: NO ONE.  Resolution declared adopted, reading as follows:

R136-99     Authorizing an agreement with Horizon Research Services to conduct evaluation of City
                    funded social services.
    The resolution was read by the Clerk.
    Under this proposal, Mr. Beck explained that six agencies would receive a full evaluation and three would have a limited management review.  The cost would be $15,943.52.
    Mr. Campbell noted these evaluations have been very informative in the past.
    Mr. Janku asked if they would be more detailed than last year's.  Mr. Steinhaus replied the report would be similar to what the Council received recently.  He remarked that Horizon is getting ready to start a new series of evaluations.  He said there is a second part to the report where they have picked four agencies voluntarily where they are working to develop outcome based performance evaluation instruments.  Mr. Steinhaus indicated he received a copy of that report yesterday.
    The vote on R136-99 was recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN.  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:

B222-99     Approving the final plat of Keene Street C-P Subdivision; authorizing a performance
                    contract.
B223-99     Approving the final plat of Bluff Creek Office Park, Plat 3-H; authorizing a performance
                    contract.
B224-99     Approving the final plat of The Village of Cherry Hill, Plat 2; authorizing a performance
                    contract.
B225-99     Approving the "MFA Breaktime at The Village of Cherry Hill" C-P Development Plan.
B226-99     Approving the final plat of Forum Heights; authorizing a performance contract.
B227-99     Vacating various easements and street right-of-way for Highridge Drive.
B228-99     Appropriating funds for Brown Station Road water main project.
B229-99     Accepting easements for utility purposes.
B230-99     Authorizing the acquisition of water line easements along Clark Lane.
B231-99     Accepting a grant of easement from Grotmo, L.L.C. for electric purposes.
B232-99     Accepting a donation from Columbia Cosmopolitan Club to be used for the Cosmo Skate
                    Park; appropriating funds.
B233-99     Appropriating funds for the Columbia Values Diversity Celebration.
B234-99     Renewing the temporary revocable utility permit to Digital Teleport, Inc.
B235-99     Accepting various easements and quit claim deeds for sewer, drainage, road and utility
                    purposes.
B236-99     Appropriating funds for the Disabilities Commission.

REPORTS AND PETITIONS
(A)     Intra Departmental Transfer of Funds Request.
    Report accepted.

(B)     Metro 2020 Community Structure Plan.
    Mr. Beck explained that this plan calls for generalized land use districts which accommodate a mix of land uses.  The boundaries extend beyond the City limits into areas of the County where growth is likely to occur in the next 20 years.  It closely follows the Counties adopted land use plan.  Mr. Beck noted that a time has been set to make a presentation to the County Commission at their request.  He said it has already been presented to the County Planning and Zoning Commission as well as to various community groups.
    Mr. Janku asked if it had been formally presented to the School Board.  Mr. Bondra said he knew they had been given copies of it and made aware of the plan, but was not sure if it had been formally presented to them.  Mr. Beck indicated someone from staff could ask them if they would like a presentation.
    In view of comments made lately, Mr. Campbell asked if it might be well for the Council to have a meeting with the governing bodies of other municipalities before adopting the plan.  Mayor Hindman thought that was a good idea and suggested that they perhaps call a meeting of the Mayors and Council members to sit down and review it.  Mr. Campbell thought this Council should have a work session on the issue before having any other meetings.  Mr. Beck suggested that after having a work session, the Council can decide when to set public hearings on the issue.  It was decided the hearings would not coincide with budget hearings.
 
(C)     Traffic Calming & Pedestrian Crossing Policies.
    Mayor Hindman made the motion that the proposal be sent to the Bicycle/Pedestrian Commission for their review.  The motion was seconded by Mr. Campbell and approved unanimously by voice vote.

(D)     Letter from Convention & Visitors Bureau Advisory Board.
    Mr. Beck explained that the letter consisted of recommendations to the Council relating to a potential increase in room tax, and also as to when the Board suggests the issue should be placed on the ballot.  He noted the Board would be making a public presentation at the work session on Thursday evening.

BOARDS AND COMMISSIONS
    None.

COMMENTS OF THE COUNCIL, STAFF, AND PUBLIC
    Mrs. Crockett reported she had received a call about drivers with loud music.  This lady was under the impression that Jefferson City and St. Charles have passed ordinances pertaining to the issue and asked that the City check into it.  Mrs. Crockett realized it would be difficult to enforce, but perhaps it was something we could adhere to.
    Mr. Coffman said the Hinkson Valley Neighborhood Association had been discussing ways improvements could be made to the intersection of Broadway and Old 63 -- the large concrete triangle by the Eastgate Shopping area.  Mr. Coffman thought it was an ideal area for Adopt-A-Spot landscaping.  He asked the staff to provide information regarding what problems might be involved with designating it as such.  Mr. Beck said the City had a preliminary plan to provide landscaping and had applied for a grant under the enhancement program, which had not been approved.  He thought there had been some interest in the area from at least one of the property owners on the corner to participate financially.  Mr. Beck indicated staff could look at it again to determine if there is enough interest to get it on a plan.  He thought it was a great spot for landscaping.
    Ms. Crayton said she would like to rehash the subject of abandoned cars as they seem to be piling up in the First Ward.  She had safety concerns about the cars.  Mr. Janku suggested that the Council also consider the issue raised by Mr. John pertaining to rental properties.  Mayor Hindman suggested that the staff pull the ordinance that had been presented to the Council previously.
    Mr. Janku spoke about the communication the Council received from the Bicycle/Pedestrian Commission.  It outlined recommendations for future sidewalk projects and, since the City Manager is in the process of preparing the budget, Mr. Janku asked that consideration be given to their recommendations.  The second request was that the City incorporate sidewalk projects in the capital improvement plan so that present and future Councils have an idea of what projects are out there.
    Regarding the previous discussion regarding the overhead lines adjacent to the parking lot owned by Boone Hospital, Mayor Hindman asked that the staff look at the possibility of burying them.  He suggested clustering the wires closer together if they cannot be buried.
    Mrs. Crockett commented that she had heard nothing but praise about the renovations to the Oakland Pool.
    William Woodward, 200 A Unity, spoke about loud noises coming from vehicles.  He was concerned about people losing their hearing because of it.
    The meeting adjourned at 11:05 p.m.

                                                                                      Respectfully submitted,
 
                                                                                      Penny St. Romaine
                                                                                      City Clerk