M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
DECEMBER 20, 1999
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, December 20, 1999, 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, CROCKETT, and CAMPBELL 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 December 6, 1999, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mr. John.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Upon their request, Mr. Campbell made the motion that Mr. Coffman be allowed to abstain from voting on R247-99 and Mr. Janku from voting on the appointments to the Community Services Advisory Commission. The motion was seconded by Mr. John and approved by voice vote.
    The agenda, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mrs. Crockett and a second by Mr. Coffman.
 

SPECIAL ITEMS
B439-99     Authorizing an agreement with Jeffrey E. Smith Investment Co. for acceptance of a donation of
                   property located on the west side of Brown Station Road, south of Waco Road.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this approximate 50 acre tract is located in northeast Columbia. He described the property as being suitable for use as a community park as well as being an excellent site for a future fire station. Mr. Beck noted that a small portion of the land would be reserved for the extension of Waco Road, connecting Brown Station Road with Prathersville Road. The City Manager pointed out a provision in the agreement allowing Mr. Smith to recommend to the Council the name of a person having made substantial contributions to the City during the 20th century as the park's name, if the property is used as such. Mr. Beck thanked the Smith's for their donation.
    Mayor Hindman, on behalf of the Council, also thanked the Smith family for their generous donation. He said it would be a valuable asset to the City and it was very much appreciated.
    B439-99 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

R249-99     Expressing appreciation to Jeffrey E. Smith for donating land to the City of Columbia.
    The resolution was read by the Clerk
    Mayor Hindman noted this resolution would formalize the donation of land by the Smith family.
    The vote on R249-99 was recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

    Mayor Hindman and Mr. Beck asked Mr. Smith to join them at the podium where Mr. Smith was presented with a framed resolution of appreciation. Mayor Hindman remarked the community would be grateful for the gift for years to come.
    Mr. Smith noted as the City continues to grow, so would the need for parks and planning with orderly growth. He and his wife thought this was something they could contribute to the community to allow for those future amenities.
 

SCHEDULED PUBLIC COMMENTS
    None.
 

PUBLIC HEARINGS
B399-99     Approving a revision to the O-P Development Plan of The Environment.
    The bill was read by the Clerk.
    Mayor Hindman noted that a request was received asking for further continuance on this bill.
    Mayor Hindman opened the public hearing.
    There being no comments Mayor Hindman continued the public hearing.
    Mr. Campbell made the motion that B399-99 be continued to January 18, 2000. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

B429-99     Rezoning property located on the west side of West Boulevard, between West Worley Street and Again
                   Street from R-2 and C-1 to C-P; approving the "Smithton Village" C-P Development Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck said the rezoning request on this 1.7 acre tract was recommended for approval, provided that pole lighting not exceed 15 feet, and that parking be reduced from 78 spaces to a range of 60 to 74 spaces to allow for more landscaping.
    Mayor Hindman opened the public hearing.
    David Rogers, an attorney with offices at 813 E. Walnut, spoke on behalf of the Cleek family. He explained the Cleek's plan to demolish the building which now houses Ann's Teachers' Store and a dilapidated building at the corner of Again and West Boulevard, and then build a new structure immediately to the west of that site. He noted that the new building would be more suitable for Mrs. Cleek's needs and would also provide more storage and handicapped accessibility which are impossible in the present building. He reported there will also be a small building constructed to the south and a portion of this structure will be used for office space for Mr. Cleek's business. Mr. Rogers indicated there will be no entrances of any sort onto Again Street. He noted the proposed building/buildings that will face Again Street will have roof lines very similar to a residential structure. Mr. Rogers stated that the closest neighbor on Again Street had spoken at the Planning and Zoning meeting in favor of the plan. He said another speaker had noted the considerable amount of quality mixed use that is beginning to be seen in the first ward.
    Mr. Janku asked about landscaping on the south side of the second building. Mr. Rogers responded there will be landscaping along the entire south boundary of the property because there will be no entrances or exits onto Again Street.
    Ms. Crayton commented that some of the neighbors were worried about having to look at a brick wall. Mr. Rogers stated that would not be the case, the building would be broken up. He asked Mr. Simon, the project architect, to explain the design.
    Mr. Simon came forward and explained that the design for Mr. Cleek's offices is currently being planned and they are starting to detail the character in greater extent. He told Ms. Crayton that they have created some offsets in the wall to help break it up in addition to a series of windows. Mr. Simon did not see it varying greatly from a residential structure in appearance. Ms. Crayton asked that they talk to the neighbors to calm their fears.
    John Cleek, 5010 Brazos, explained the expansion of the family businesses over the years. He noted they have made vast improvements in the property over the past 30 years. Mr. Cleek named the neighbors that spoke in favor of his plan at the Planning and Zoning meeting.
    Miriam Stefan, 1015 Again Street, contended that all of the neighbors are not in favor of the rezoning. She stated they do not want retail on this corner and they have concerns about traffic because of the short distance from Worley to Again Street. Ms. Stefan explained that the plan she had seen in August showed an office on one end, a garage in the middle for Mr. Cleek's recreational vehicle, and then two retail businesses. She said the neighbors had no problem with the businesses on Worley Street, but they did not want commercial at the corner. Ms. Stefan also stated that some residents were not happy with renderings of the buildings that had been displayed in August because they felt it would not blend in with the neighborhood. Ms. Stefan reported residents had been told if these plans did not go through, three duplexes could be constructed.
    Mr. Coffman asked Ms. Stefan if she was more concerned about a commercial development affecting her property values, or about the possibility of increased traffic. Ms. Stefan responded she was concerned about both, but reiterated that the neighborhood wishes to remain residential. Mr. Coffman asked if she would object to duplexes. Ms. Stefan replied she personally would not.
    Mr. Rogers commented, as a practical matter, there would not be any commercial businesses on Again Street. He said there would be no entrances/exits onto this street, and the traffic generated by this development will be projected into an interior parking lot which exits onto West Boulevard and West Worley. He did not believe this would do anything to affect the traffic one way or another on Again Street. Mr. Rogers noted that there may be traffic with school related activities, but the use of this corner would not make any difference.
    Mayor Hindman asked if there is currently an entrance onto West Boulevard. Mr. Rogers said there was, but added that no new entrances will be created. He reported there will be sidewalks constructed along the entire project.
    Mr. Campbell asked about the reference made to the recreational vehicle parking arrangement. Mr. Rogers said there would be a garage between the two buildings. Mr. Campbell asked if the garage would be enclosed. Mr. Rogers replied it would be.
    Mr. Cleek displayed drawings of the project and reported on the various design features. He indicated many of the potential uses under C-1 zoning have been eliminated - some of which included restaurants, the sale of alcoholic beverages, and drive-up windows. Mr. Cleek noted there will be a maximum of four tenants in the building. All tenants will be informed that his business will eventually encompass the entire building. Regarding the types of retail establishments that would be suitable for this location, Mr. Cleek believed a beauty or barber shop, a photography studio, a small print shop, or an insurance office would be appropriate.
    Mr. Campbell remarked the buildings looked rather plain. Mr. Simon explained when the drawings were designed, the project was in its early stages. He commented at that time they had not met with the residents yet and had not discussed character or how the buildings were to be detailed to fit in better with the surrounding neighborhood. Since then, more features have been added involving color and texture. Mr. Simon assured the Council this development will be compatible with the character of the neighborhood.
    Mayor Hindman closed the public hearing.
    Mr. Janku said both businesses have a good track record and have proven themselves to have a positive impact. He felt any major concerns could be addressed by making some minor changes to the exterior and providing more landscaping. Mr. Janku also felt the applicant has the incentive to develop a quality project given the significant investment they already have in the neighborhood.
    Mr. Campbell remarked that over the last several years the Council has supported the idea of mixed development and have tried to encourage neighborhood services. He said this project would serve that end, although he understood the neighborhood's concerns. Because of the assurances given, Mr. Campbell felt he could support the request.
    Mayor Hindman was concerned about the plans not showing what the neighbors expect to have. Although he approves of the neighborhood services that are being suggested, he would like to know for sure that the design is going to be what has been presented this evening.
    Mr. John did not have an objection to the rezoning request, but he was concerned about being asked to approve a plan that the Council really has not seen. He remarked the property could be sold to someone else tomorrow, so he was concerned about approving a plan based on someone's track record.
    There was a discussion about how to tighten the plan in connection with design parameters. Mr. Patterson interjected that after a plan is approved, staff is only able to enforce what information is on the plan itself. He noted that staff does not often see architectural drawings at this stage, and should his department receive an application for a building permit and it meets the criteria shown on the plan with regard to size, locations, and footprints, building permits would generally be issued. Mr. Patterson commented the other option is to presume the applicants will keep their word.
    Mr. Hancock noted an eight foot high wooden fence along the perimeter on the landscape plan. He said there would also be plantings on the neighborhood side of the fence along the entire west property line. Mr. John asked about the landscaping on the south side. Mr. Hancock said it appeared to be existing trees and four new plantings after the house is removed. He said there would be bushes and trees along the west side.
    Regarding the dormers and such, Mr. Rogers assured the Council these features would be added, but noted that the details relating to architectural design is not required at this point.
    Mr. Campbell observed the Council has discussed the notion of simplifying the planning process to make this process more appealing. He felt if the Council kept adding more stringent controls, the City would be moving in the opposite direction. Mr. Campbell believed until something is in place with regards to architectural standards, it will be very difficult, even on a PUD, to require such things.
    There was some discussion relating to landscaping, and it was confirmed that what was shown on the plan had been approved by the City Arborist, therefore, no amendments were necessary in this regard.
    B429-99 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

A)     Voluntary annexation of property located on the west side of Bearfield Road, approximately 500 feet south of
         Nifong Boulevard.
    Item A was read by the Clerk.
    Mr. Beck explained that this tract of land contains approximately 35.4 acres. He noted that the initial zoning request was for R-1, but a request had been received today asking for PUD-6 zone with R-1 uses.
    Mr. Boeckmann commented that a question had been raised about whether or not this issue should go back to the Planning and Zoning Commission. He pointed out the PUD-6 zone with R-1 uses would be more restrictive and the applicant would have to go through the planning process. He explained as long as the applicant is asking for the same uses or more restrictions, the past practice has been not to send it back to the Commission. Unless the Council indicates otherwise, Mr. Boeckmann said the revised ordinance would be introduced.
    In regards to sending this request back to the Commission, Mr. Hancock said he did not know what purpose would be served other than to get additional input from them. He felt the important thing would be to wait to see the plan. He noted the Commission would review the plan at some point and forward it to the Council with their recommendation.
    Mayor Hindman opened the public hearing.
    John Stohldrier, 4016 Glen Eagle, offered to answer any questions. None were asked.
    Fred VomSal, 4679 S. Bearfield, Vice-President of the Clear Creek Neighborhood Association, read a statement from the association requesting that the Council deny the annexation and rezoning to PUD-6. He outlined the neighborhood has strongly supported some form of PUD in this watershed for all development, as has the Planning and Zoning Commission and the current City Council. Residents ask that anything less than PUD-3 be denied. Mr. VomSal noted that the association had met with Mr. Stohldrier and after much discussion, he had made it clear that his concerns stop at his property line. No efforts have been made to address the larger concerns of stormwater management, traffic management, and environmental impact. Residents felt Mr. Stohldrier was ignoring the fact that there would be hundreds of cars exiting out of his development onto what is essentially a country lane.
    Mr. VomSal explained that PUD-3 zoning would call for one home every 12,000 square feet, or 3.2 homes per acre. He said that was much more in keeping with the density in this area as well as with the average density of Columbia. He noted that there are 2,000 acres in this watershed, and 650 of them have been put up for public sale in the last four years. He said the neighborhood association has consistently indicated they are not opposed to development, but they believe it is imperative to maintain the integrity of this environmentally sensitive area for all of Columbia to keep it a pristine area. Mr. VomSal explained that residents are working with the staff to develop a plan to take a broad look at the use of the area, particularly as it relates to stormwater management and traffic flow. It seems that the City has good control over development in the area, and one way to continue this would be to restrict high density. Tom Lata, 2194 E. Bearfield, was concerned about stormwater and the protection of the watershed. Mr. Patterson explained the requirements for an R-1 or PUD development regarding stormwater management and land preservation - which for either zone would be the same. He pointed out the advantage of a PUD is that the Council can impose a stricter requirement than the minimum standards in open zoning. He noted the opportunity for better control exists with a planned unit development than it does for open zoning, but the minimums are the same.
    Joe Bindbeutel, 1701 E. Gans Road, reported that what residents have heard from the Planning and Zoning Commission and the Council is that they want the developers to work with neighborhoods and do the best they can do to protect water quality. He felt that Mr. Stohldrier has ignored both and has shown no flexibility in working with the neighbors.
    Mayor Hindman closed the public hearing.
    A discussion ensued regarding whether or not to hold over the public hearing on the rezoning. Mr. John agreed the process needs to be streamlined, but said the Council also needs to ensure that full review is given and that changes are not made at the last minute that cannot be enforced.
    Mr. Boeckmann pointed out that once a decision is made on a PUD, at whatever density the Council authorizes by the zoning ordinance, they would have to live with that decision unless they want to rezone it on the Council's initiative. He did not think density would be a valid objection to a plan when it had just been approved by the zoning ordinance.
    Mr. Campbell explained his concerns relate to stormwater management. He asked if that were to affect the overall density of a development, whether the Council would have the right to change the provisions of the plan based on this information. Mr. Boeckmann said if other elements of the plan might make it such that the applicant could not quite come up to the six homes per acre, that would make it legitimate. Just isolating the one factor he did not think would work. Mr. Campbell felt the Council should give a very clear statement on what their expectations are for PUD's in this area if this annexation request is approved.
 

OLD BUSINESS
PR232-99     Expressing the City Council's strong preference for planned development in the areas of the City
                     within the Little Bonne Femme Creek watershed.
    The policy resolution was given second reading by the Clerk.
    Mr. Beck noted that Mr. John had requested that an amendment sheet be prepared which would express the Council's strong preference for planned development in the areas of the City within the portion of the Little Bonne Femme Creek watershed above Rock Bridge State Park.
    Mr. John made the motion to amend PR232-99 per the amendment sheet. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
    Mr. Coffman spoke of his support for this legislation. He noted residents all over the City enjoy the state park and are very concerned about protecting it.
    The vote on PR232-99, as amended, was recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL. VOTING NO: NO ONE. Policy resolution declared adopted, reading as follows:
 

B427-99     Allowing a canopy to be constructed partially within a utility easement at 912 South Old 63; authorizing
                   a  waiver of claim and indemnity agreement.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this canopy would extend over gas pumps at an existing convenience store. He noted the canopies would also extend 10 feet into a City utility easement. Staff had reviewed this request and the canopy appeared to pose no problems.
    Mayor Hindman was concerned about the lighting becoming a significant problem. He felt that some of the new canopies tended to be very bright and allows light to spill over into surrounding areas.
    Harriet Francis, an attorney with offices at 1103 E. Broadway, spoke on behalf of Midland Oil Company and Sports Fans Convenience Center, the applicants for this waiver. She explained that the applicants have already been before the Board of Adjustment and a variance had been approved for a side yard setback in order to construct the canopy. A conditional use permit for this facility had also been granted because it was originally a grandfathered use in a properly zoned area. Ms. Francis noted that Ron Shy was present to answer any additional questions. Regarding the lighting, she believed it would basically be down lights under the canopy. She noted that the canopy's purpose is to provide a covering and some convenient lighting in order to increase safety. Ms. Francis pointed out that this applicant owns another facility, the Phillips 66 on Paris Road, and said the lighting there is not objectionable.
    Mr. Coffman asked if these improvements have been discussed with the Shepard Neighborhood Association. Ms. Francis said they have. She reported that they had contacted the neighbors and that there had been a petition that was available for signatures. She said the petition was at the Board of Adjustment meeting and the neighbors were in favor of this particular canopy. Ms. Francis indicated there has been no opposition.
    Ron Shy, 5600 S. Highway KK, pointed out that the canopy is primarily being installed to shield people from the weather while they are using the pumps. Mr. Shy explained the long process the applicants have gone through to get to this point. He said he personally has met with the people in the condo's next door and they have no objections. Mr. Shy said he has not seen the plans, but he has been told the lights are underneath the canopy and will not project out into the traffic lane.
    Mr. Campbell explained the two types of under canopy lights; the shoebox or downward base lights, and the lights that are set lower than the canopy -- like the lights at West Boulevard North.
    Mr. Shy commented he did not know what type of lighting would be used, but he could say there would be no benefit to the applicant to have lights other than those that would shine directly downward.
    Mr. Janku said there is a new station going in on Chapel Hill and Scott Boulevard, and that individual has met with adjacent developers to come up with some lights which are apparently satisfactory to everyone involved. He suggested looking at those for an example.
    Mr. Campbell asked if this is a factory canopy. Mr. Shy noted that it has been tailored somewhat to the request of the City staff. The canopy is to be 46' by 48' and Mr. Shy said it has not been made yet. Mr. Campbell asked if they could still have a voice in it. Mr. Shy thought at this point they could. He understood what was being said and told Mr. Campbell he would pass it on.
    Mr. Coffman said he has seen places where there has been glare and then they put up a simple box which takes care of the problem. Mr. John said he thought the term is a "full cut-off" so that the sides of the holder come down past the edge of the bulb itself. Mayor Hindman asked Mr. Shy if he had an objection to the Council adding the specification for full cut-off lighting. Mr. Shy said he personally did not. He did not believe the owner would either because his primary focus is on the safety of the people at the pumps and the convenience the canopy will provide.
    Mayor Hindman made the motion that the agreement referred to as Exhibit A on B427-99 be amended to impose the condition that, "any lighting installed on the canopy shall use full cut-off lights or an alternative method to reduce the glare to a minimum but yet provide adequate light for safety and operation." The motion was seconded by Mr. John and approved unanimously by voice vote.
    B427-99, as amended, was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B432-99     Authorizing agreements with The Curators of the University of Missouri and James R. Davis in
                   connection with the EPA Clean Water Act Phase II Storm Water Regulations; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Patterson noted that these regulations outline some of the requirements that will affect cities the size of Columbia, and will primarily deal with the development of an implementation plan that involves public participation and education into areas of improving and preserving water quality. This agreement has been developed with Dr. Davis and the University and is more of an extension of past cooperative efforts to assist the City staff in the development of these programs. Rather than staffing this particular activity with City personnel, the agreement will call for certain activities to take place with the final product being the implementation plan and the development of stormwater partnerships. These partnerships will be the basis for expanding the program to include the Clear Creek, Bear Creek, Mill Creek and Perche Creek areas. Mr. Patterson reported funding for this program will come out of the stormwater utility at a cost of approximately $24,994.
    Mr. Janku commented that he had spoken earlier with Mr. Patterson and Dr. Davis about moving the project at Bear Creek up given the testimony that had been heard earlier relating to the problems that are occurring there. He felt this was an excellent partnership. Mayor Hindman agreed.
    B432-99 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B434-99     Confirming the contract of Hall & Riley Paving Company, Inc. for the Nifong Boulevard and Forum
                   Boulevard intersection improvements; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that eight bids had been received with the low bid of $164,690.05 being recommended.
    B434-99 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B435-99     Amending Chapter 6 of the Code as it relates to the Property Maintenance Code.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that there is a lot of concern regarding the amount of time it takes to enforce the Minimum Housing Codes relating to unsafe buildings. He reported Mr. Boeckmann and Mr. Patterson have been working on simplifying and speeding the process up. This amendment would reduce the publication notice from three times to one, reduce the written notice of a hearing from 21 days to 10 days, and eliminate the Building Construction Codes Commission from the appeals process.
    Mr. Janku asked if there is any provision for the City to enter the premises for the purpose of repairing the problem and then have the improvement tax billed. Mr. Boeckmann said there is language that would actually allow it, but he was not aware of any city, except for one that got in trouble for doing it, that has actually done this. Theoretically, he indicated the City could do that, but it would be problematic. There was a discussion at this point as to how much work could be done and tax billed. Mr. Janku related it is kind of a failure when the point is reached where a property owner is ordered to tear their structure down. If the owner chooses not to respond, then the City will demolish it. If the City can tear it down, Mr. Janku suggested a less drastic step of putting a repair in place that may preserve the home until it can be sold. Mr. Patterson interjected that he knew of a couple of cities that had not gotten their money back on the properties and were sued for damages to the property. He related the City does not tear down buildings if they are just not suitable for habitation -- they are only demolished if declared a dangerous structure. Mr. Patterson explained that the homes are evacuated if found to be inhabitable, and it is at that point when the windows are boarded up. Theoretically, he pointed out that owners could be fined for each and every day if the case is taken to court. Mr. Patterson indicated the big problem is with absentee landlords.
    Ms. Crayton reported boarded up homes are not just nuisances, but havens for criminal activities. She noted that she spoke to Captain Boehm about making sure the houses are secure. Mr. Beck explained that the City has the authority to board up buildings.
    There was a discussion about the City applying liens to unsafe and nuisance houses and having the authority to sell them. Mr. Boeckmann explained that there must be some legal basis for doing so.
    Mr. Campbell asked how much time this amendment would save, on an average. Mr. Boeckmann said it would take weeks off of the process. He noted that this was not a solution to all of the problems associated with deteriorating homes in Columbia. For those cases that go through the condemnation process, the City will save some time and expense.
    Mr. John was concerned about a first time offender being out of town when the notice is received. He questioned how much time passes before the demolition process is put in motion. Mr. Patterson explained that several attempts are made to contact the owner before voluntary corrective action is taken. He explained the steps taken before proceeding to the administrative process of demolition.
    B435-99 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B440-99     Amending and reestablishing the City of Columbia, Missouri Tax Savings Plan and the Dependent Care
                   Assistance Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that an amendment sheet had been prepared.
    Mr. Campbell made the motion that B440-99 be amended per the amendment sheet. The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.
    B440-99, as amended, was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B441-99     Amending Chapter 3 of the City Code as it relates to the Airport Advisory Board.
    The bill was given second reading by the Clerk.
    Mr. Beck described the current membership of the Board as being 11 members, seven of which are appointed by the Council. He explained this amendment would add a representative from Ashland to the Board. Mr. Beck reported an added provision is that both the Chair and Vice-Chair are chosen from members appointed by the Council as the overall cost of the airport is borne by the residents of the City of Columbia.
    B441-99 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B442-99     Amending Chapter 26 of the City Code as it relates to the Convention & Visitors Advisory Board.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this ordinance was informally discussed by the Council prior to the ballot issue wherein the hotel/motel tax was changed from two to four percent. He explained this amendment would increase the number of board members from seven to twelve.
    B442-99 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL. 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.

B425-99     Approving the final plat of Vanderveen Crossing, Plat No. 3; authorizing a performance contract.
B426-99     Approving the replat of lots 91, 92 and 93 of Country Club Villas, III; authorizing a performance
                   contract.
B428-99     Vacating utility easement located within OHO Subdivision.
B430-99     Approving Change Order No. 1 to the contract with Emery Sapp and Sons, Inc. for the Hinkson Creek
                   Trail Phase I project.
B431-99     Approving Change Order No. 1 and the engineer's report for the north cargo apron replacement
                   project.
B433-99     Authorizing the City manager to convey a water line easement located at the Columbia Regional
                   Airport to Consolidated Public Water Supply District #1.
B436-99     Authorizing acquisition of easements necessary to construct the Sunflower Street improvement project.
B437-99     Approving the engineer's report and authorizing payment of differential costs for the Country Woods
                   Subdivision, Lot 2 water main project; accepting a deed of dedication.
B438-99     Accepting grants of easements for water utility purposes.
R233-99     Setting a public hearing: voluntary annexation of property located south of St. Charles Road at the
                   southern terminus of Charlie Goff Drive.
R234-99     Setting a public hearing: improvements to City property located adjacent to the MKT Trail, east of
                   Scott Boulevard.
R235-99     Setting a public hearing: construction of an 8-inch water main serving Broadway Oaks, Plat 1.
R236-99     Setting a public hearing: construction of an 8-inch water main serving Garden City, Plat 9.
R237-99     Setting a public hearing: construction of an 8-inch water main located in Vanderveen Crossing, Plats 1
                   and 2.
R238-99     Setting a public hearing: construction of an 8-inch water main located in Stoneridge Estates, Plat 3.
R239-99     Setting a public hearing: construction of an 8-inch water main serving Seven Oaks, Plat 2.
R240-99     Setting a public hearing: special assessments in connection with the Conley Road improvement project.
R241-99     Setting a public hearing: purchase of 13 new transit buses.
R242-99     Renewing an agreement with Boone County Historical Society for operation and restoration of the
                   historical museum.
R243-99     Renewing an agreement with Boone County Historical Society for caretaking services at Nifong Park.
R244-99     Authorizing execution of annual certifications and assurances for Federal Transit Administration
                   funding.
R245-99     Accepting a gift of a red service wagon trailer donated by Factory Mutual Insurance to be used for fire
                   investigations.

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

NEW BUSINESS
R246-99     Approving FY2000 human rights contracts.
    The resolution was read by the Clerk.
    Mr. Beck reported that the FY2000 budget included $3,300 for enhanced human rights activities in the community. He explained that the Commission had taken proposals and that this bill would authorize agreements with nine agencies.
    Marie Glaze, Chairperson of the Human Rights Commission, shared the Commission's pleasure in the applications they received this year. She said they were happy to recommend funding 90% of these. She thanked the Council for their interest.
    Mayor Hindman thanked the Commission for all of their work.
    The vote on R246-99 was recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R247-99     Stating the City's position on legislative issues for 2000.
    The resolution was read by the Clerk.
    Mr. Beck explained that each year a list is brought to the Council relating to issues the staff feels will go before the Legislature. He pointed out that the list includes suggestions by the Missouri Municipal League, the City Council and staff. If adopted by the Council, Mr. Beck explained that it would be circulated to the Legislators and used throughout the legislative process.
    Mr. Janku asked if Mr. Beck anticipated creating a list of capital improvements. Mr. Beck said he could bring some ideas to the Council. He noted staff had talked to the lobbyist about it. Mr. Janku was hopeful the Council would get some input from the lobbyist on how some of the issues may tie into what other cities are doing.
    The vote on R247-99 was recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL. VOTING NO: NO ONE. ABSTAINING: COFFMAN. Resolution declared adopted, reading as follows:
 

R248-99     Authorizing an agreement with Central Missouri Food Bank, Inc. for a loan of $100,000 in CDBG funds
                   to be used to purchase property for a new facility.
    The resolution was read by the Clerk.
    Mr. Beck explained that during the budgeting process, $100,000 was allocated to the Food Bank. He related that Mr. Hancock had been working with HUD and a representative of the Food Bank relating to participation in the land purchase. The original proposal sent to HUD had not been in accordance with what staff felt they could certify. Mr. Beck understood additional discussions had occurred today. He said the goal is to work with the Food Bank to try to develop a position where the $100,000 can be allocated on a timely basis. He recommended that the Council authorize the agreements and indicated staff will continue to work with HUD to see how best the money could be used and still be in full compliance.
    Peggy Kirkpatrick, Executive Director of the Central Missouri Food Bank, explained that she and Mr. Hancock participated in a conference call today with Ann Wyttle from HUD, in which some additional information was presented. Since the call, Ms. Kirkpatrick put everything in writing and gave it to Mr. Hancock. She noted that one of the provisions of the HUD regulations states that reasonable benefits from the activity will accrue to residents within the jurisdiction of the grantee -- being the City of Columbia. Ms. Kirkpatrick related she believes the Food Bank has a very strong case to state that the City of Columbia is benefitted by them providing food not only to the citizens within this community, but also to agencies that are in counties contiguous to Boone County. This relieves the City of Columbia from having to provide social service benefits to those other areas. In addition, this is at no cost to taxpayers. Ms. Kirkpatrick noted that another benefit is that the Food Bank stands ready to serve the City in case of a disaster or immediate need of food, such as the Y2K issue.
    Mrs. Crockett asked how many pounds of food the agency distributed in Columbia last year. Ms. Kirkpatrick said last year it was about 1.3 million pounds, and so far this year they have distributed almost 1.6 million pounds of food.
    The vote on R248-99 was recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL. 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:

B443-99     Authorizing a lease agreement with option to purchase with Greenwing Development, L.L.C. for land
                   located north of Smithton Middle School.
B444-99     Authorizing the construction of improvements to City property located adjacent to the MKT Trail, east
                   of Scott Boulevard.
B445-99     Authorizing construction of an 8-inch water main serving Broadway Oaks, Plat 1; authorizing payment
                   of differential costs; appropriating funds.
B446-99     Authorizing construction of an 8-inch water main serving Garden City, Plat 9; authorizing payment of
                   differential costs; appropriating funds.
B447-99     Authorizing construction of an 8-inch water main located in Vanderveen Crossing, Plats 1 and 2;
                   authorizing payment of differential costs; appropriating funds.
B448-99     Authorizing construction of an 8-inch water main located in Stoneridge Estates, Plat 3; authorizing
                   payment of differential costs; appropriating funds.
B449-99     Authorizing construction of an 8-inch water main serving Seven Oaks, Plat 2; authorizing payment of
                  differential costs; appropriating funds.
B450-99     Accepting grants of easements for utility purposes.
B451-99     Approving the engineer's final report; levying special assessments for the Conley Road improvement
                   project; appropriating funds.
B452-99     Approving the engineer's final report and authorizing change Order No. 1 for the flood relief structure
                   for Wetland Treatment Unit #3.
B453-99     Authorizing an agreement with the Missouri Highway and Transportation Commission for the
                   construction of a sidewalk along the east side of Providence Road; appropriating funds.
B454-99     Changing street names within the Village Square and Sedonna Villas Subdivisions - "Village Square
                   Drive" to "Club Village Drive" and "Sedonna Villas Drive" to "Sedona Villas Drive."
B455-99     Rezoning property located on the northwest corner of McKee Street and Alan Lane from R-2 to
                   PUD-7; approving the McKee Estates PUD site plan.
B456-99     Voluntary annexation of property located on the west side of Bearfield Road, approximately 500 feet
                   south of Nifong Boulevard; establishing permanent R-1 zoning.
B457-99     Approving the final plat of Hyde Park South Planned Commercial Subdivision; authorizing a
                   performance contract.
B458-99     Approving the Hyde Park South Planned Commercial Subdivision C-P Development Plan.
B459-99     Reimposing a sales tax of one-fourth of one percent for funding capital improvements.
B460-99     Appropriating funds needed for Capital Improvement Projects.
 

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

B)     Sinkhole Regulations.
    Mr. Campbell made the motion that they make this report a minor portion of a Council work session. The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.

C)     Street Closure Requests.
    Mr. Campbell made the motion that the request be approved as written. The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.

    Mayor Hindman noted that the Council had received a preliminary report on the bus situation. He asked if a complete report would be submitted in the near future.
    Mr. Beck explained that the Internal Auditor is doing a review of the operations to determine where the differences are coming from. He said the external auditors have taken a preliminary look at the issue and do not seem to be concerned about any financial situation. Mr. Beck saw it as a matter of getting the ridership counted correctly.
    Mr. John was concerned about the Council authorizing the purchase of buses based on assumptions of ridership. He felt accurate numbers are needed before decisions are made as to what kinds of buses are needed and when and how many should be running.
    In addition to Mr. John's comments, Mr. Campbell noted the Council has been asked to make decisions about routes and funding so solid numbers are necessary.
    Mr. Patterson explained that staff has been relying on segment reports for ridership. He noted the importance that there is speculation that the numbers are wrong. Mr. Patterson stated it is just that - speculation. He indicated staff is monitoring what they have and cannot recreate some of the reports. He said they do know the ridership in areas on certain routes where the buses have been full. In addition, revenues continue to increase. Mr. Patterson pointed out that he has two relatively new supervisors in the Transit Division, both of whom he has the utmost confidence in their ability and their integrity. He related they are trying to implement systems that will assure verifiable counts, and at this point, he is telling the public that there are assumptions of error. Mr. Patterson agreed it is absolutely critical that the numbers are accurate, and that is why he implemented the reporting system several years ago. The fact that those records are being questioned does not mean they are incorrect. It simply means staff is trying to recreate systems they can verify. Mr. Patterson assured the Council that this is a high priority within his department, and added that he has all of the confidence in the world that they will be able to provide the verifiable numbers.
    With regard to new buses being purchased, Mr. Patterson noted they are not building up the fleet, but simply replacing existing vehicles which are way overdue for replacement. He explained that the buses vary in size so they can be adjusted to times of peak use.
 

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

COMMUNITY DEVELOPMENT COMMISSION
Robertson, William, E., 217 W. Broadway #E-18, Ward 1 - term to expire 11/1/02
Turner, Troy W., 1700 Hayworth Ct., Ward 5 - term to expire 11/1/02

COMMUNITY SERVICES ADVISORY COMMISSION
Alexander, Jordan E., 715 W. Stewart R., Ward 4 - term to expire 12/31/01
Cain, Kathleen E., 603 Westwood, Ward 4 - term to expire 12/31/02
Janku, Anne M., 206 Whitetail Dr., Ward 2 - term to expire 12/31/02
Kitchen, Maronica S., 900 Clayton St., Ward 1 - term to expire 12/31/02

ENERGY & ENVIRONMENT COMMISSION
Springsteel, Fred N., 311 Longfellow, Ward 4 - term to expire 6/1/01

FINANCE ADVISORY COMMITTEE
Hanson, Phillip F., 801 Canterbury, Ward 5 - term to expire 12/31/02
Nolan, Michael F., 2009 N. Deerborn Circle, Ward 4 - term to expire 12/31/02

POLICE RETIREMENT BOARD
Dunscombe, Vicki B., 3428 Woodrail Terrace, Ward 5 - term to expire 12/31/01

SPECIAL BUSINESS DISTRICT
Fagan, Arnold L., 6700 E. Richland Rd., County - term to expire 1/1/03
Mendenhall, Thomas C., 2009 Woodhollow, Ward 5 - term to expire 1/1/03
Wilms, Chuck, 3460 Woodrail Terrace, Ward 5 - term to expire 1/1/03

    It was noted that the candidates for Planning and Zoning would be interviewed before the January 3rd meeting.
 

COMMENTS OF THE COUNCIL, STAFF, AND PUBLIC
    Ms. Crayton asked about the results of the surveys that were sent out in the first ward. Mr. Beck said he would check into it and report back.
    Regarding his earlier comments regarding Bear Creek and a discussion with Dr. Davis and Mr. Patterson, Mr. Janku said he is interested in adding Bear Creek in the first tier of watershed planning. He asked the staff to work with Dr. Davis and possibly come back with something that could be expedited.
    Mr. Janku made a motion that the staff be directed to prepare a report on a possible ordinance dealing specifically with canopy lighting. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    Mayor Hindman spoke about the First Night Celebration scheduled for New Year's Eve. He also noted that the renovated City Hall lobby will be dedicated at 6:00 p.m. that evening.
    The meeting adjourned at 10:00 p.m.

                                                                                        Respectfully submitted,

                                                                                        Penny St. Romaine
                                                                                        City Clerk