M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
NOVEMBER 20, 2000
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, November 20, 2000, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, and JOHN 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 October 26, 2000, as well as the minutes of the special meetings of October 26, 2000 and November 13, 2000, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mrs. Crockett.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mayor Hindman noted that Report G would be added under Reports and Petitions, and that B375-00 and R232-00 would be removed from the Consent Agenda and placed under Old Business and New Business respectively.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mrs. Crockett and a second by Mr. Campbell.
 

SPECIAL ITEMS
    None.
 

SCHEDULED PUBLIC COMMENTS
Columbia Chapter of the NAACP - Ratliff Case Court Costs
    Valerie Shaw, 2101 Hillsboro, spoke on behalf of the Columbia Branch of the Executive Board of the NAACP. She read a letter which was sent to the Mayor and Council dated October 23, 2000, regarding an incident involving Mary Ratliff, her daughter and grandson which occurred in October of 1996. Because Mrs. Ratliff was found not guilty, she filed a lawsuit in Federal Court in May of 1997 against the City and police personnel alleging violations of her civil rights and false arrest. The letter stated that the court directive ordering Mrs. Ratliff to repay the City for expenses incurred relating to her false and inappropriate arrest is unjust.
    Pam Hardin, First Vice-President Elect of the NAACP, 3011 Dahlia, spoke to the incident involving her mother and said she was very upset and discouraged about the outcome. She said her mother felt her civil rights had been violated and that was her reason for filing a civil suit. Ms. Hardin did not think the Council wanted to set a precedent where citizens of Columbia would be leery to file lawsuits when they believe their rights have been violated.
    Donald McNeal, 708 Rogers, Pastor of the Second Baptist Church and member of the Executive Board for the NAACP, noted that they had met with the Mayor and City Manager regarding the issue. He asked the City Council to consider the beginning of the controversial matter and how the police officer had been found to be unjustified in arresting Mary Ratliff.
    Mayor Hindman asked Mr. Boeckmann to explain the City's stance with respect to the issue.
    Mr. Boeckmann explained that there had been an incident in 1996 involving Mary Ratliff, her daughter Ms. Hardin, and her grandson relating to an alleged act of vandalism by the grandson. He said the police arrived and made some arrests and charges in Municipal Court were filed against Mrs. Ratliff. After going to trial, the jury found her not guilty. Following this verdict, Mrs. Ratliff filed a civil lawsuit in Federal Court. In March of 1999, the District Court granted City's motion for summary judgment and dismissed Mrs. Ratliff's complaint "at plaintiff's cost". Mr. Boeckmann reported that Mrs. Ratliff appealed this decision. Shortly after the appeal was filed, the City offered to forego recovery of costs if Mrs. Ratliff would dismiss her appeal. The offer was rejected. On November 24, 1999, the Eighth Circuit Court of Appeals affirmed the District Court judgment. After losing the appeal, Mrs. Ratliff, through her attorney, offered to forego filing a motion to reconsider if the City would waive its claim for court costs. That offer was rejected by the City. Mr. Boeckmann further explained that in April of 2000, the Clerk of the District Court taxed costs in favor of the City in the amount of $6,134.85. These costs consist mainly of deposition expenses. He noted the City sought but was denied $5,625 in expert fees and services. Mr. Boeckmann stated the City did not seek to recover its attorneys' fees which totaled over $87,000, and no appeal was filed from the Clerk's decision.
    Mr. Campbell asked how much of the attorney's fees were charges related to the appeals process. Mr. Boeckmann said he did not know exactly, but thought most of the expenses were for the District Court. Mr. Campbell observed that the City would have to pay approximately $92,000 that cannot be recovered.
    Mayor Hindman pointed out that the civil suit filed by Mary Ratliff had nothing to do with the defense of the arrest.
    Mr. Campbell believed that when a person files a court case they assume some risk.
 

PUBLIC HEARINGS
B354-00     Establishing permanent R-1 zoning on property located on the north side of State Route K, west of
                   Old Village Road.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this request was recommended for approval by both the Planning and Zoning Commission and the Planning staff.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B354-00 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B355-00     Rezoning property located on the north side of Vawter School Road, approximately 1,000 feet east
                   of Scott's Boulevard from C-P to R-1.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this 1.84 acre tract was recommended for approval by both staff and the Planning and Zoning Commission.
    Mayor Hindman opened the public hearing.
    There being no comments Mayor Hindman closed the public hearing.
    B355-00 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B361-00     Approving the Creative Photo Studio C-P Development Plan.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained that this project is located next to a parkland and the issues raised by the Planning and Zoning Commission at their meeting related to storm water control and aesthetics along the roadway. He indicated the Commission voted 4-3 to approve the plan with a couple of conditions. The first condition stipulated that the number of parking spaces be reduced, by at least two, from the 22 shown on the original drawing. The second condition involved reducing the number of light poles from seven to five. Mr. Dudark reported the developer/applicant made the revisions to the plan which now shows 20 parking spaces (meeting the minimum standards of the City) and five light poles.
    Mayor Hindman opened the public hearing.
    Bruce Goebel, an architect with offices at 33 E. Broadway, commented that the applicant has met every condition, and more, that were specified at the Planning and Zoning level. Regarding density, he pointed out that less than 50% of the project is scheduled for commercial development -- the remainder is residential. Mr. Goebel explained that this is a very low impact area and he is pleased to be associated with this project. He remarked that this is not the type of business that is typically open in the evening and not a high traffic one.
    Mr. Campbell asked if there could be a further reduction in parking spaces. With the anticipated use of the property, Mr. Goebel replied there could be a further reduction, however, that raises issues related to distribution on the site. He stated that five of the spaces will be assigned to the residential portion of the project. Mr. Goebel also stated that because of the geometrical proportions of the property, additional space needs to be provided to accommodate the turning movements of fire and delivery trucks. He was reluctant to reduce the hard surface any further. Mr. Goebel noted that he looked at the opportunity to reduce parking by two more spaces, which would save 7% of the hard surface, but this only equates to 2% or less of the entire site. He pointed out that half of the site will not be developed. Mr. Goebel believed the proposed amount of parking designated on the plan is where it should be at this point. Mr. Campbell responded that he was not suggesting that it be less, but was trying to give more options to the applicant.
    Mr. Coffman commented that it had been hard for the Council to accept any kind of development on this site because of its sensitive nature. He questioned what, if any, storm water studies had been conducted and whether the option exists to use some sort of alternative materials for the parking area.
    Mr. Goebel suggested the project engineer might address that question more effectively. He reiterated that 50% of the tract would be left untouched. Mr. Goebel stated the current design evenly distributes any storm water run-off. He explained the parking lot is 50 feet from the property line and probably 70 feet from what might be called a bluff.
    Dan Brush, project engineer with offices at 506 Nichols, responded to the question regarding storm water and the different types of paving surfaces. He reported the potential for problems relating to routine maintenance and snow removal when alternative materials are used for parking areas. He indicated the plan has been designed in such a way so as to minimize the impact of storm water run-off from the site. Mr. Coffman asked if a storm water study had been conducted. Mr. Brush responded only what has been done in-house. He stated the site was studied and storm water flows were projected based on that information.
    Roger Berg, 2509 Bluff Boulevard, property owner, assured the Council that he has every intention to ensure that this project is developed in the most sound and environmental way possible. He noted it was the aesthetic condition of the site that attracted him to the property. Mr. Berg believed his proposed facility could serve as a model of what could co-exist with the neighboring greenspace to compliment the area.
    Mayor Hindman asked about signage. Mr. Berg noted the need for some identification from the highway, and Mr. Goebel suggested a non-obtrusive monument sign. He explained that the plan calls for a sign up to 12 feet high, but he does not believe that it will be that tall. In addition, he stated some illumination will be necessary as well so customers will know where to turn in. Mr. Berg thought the Council would be proud of the end product.
    Mr. Janku asked Mr. Berg if he would be living on the property. Mr. Berg replied that he intended to live in the lower level of the business, and his son is aiming to build a home in the foreseeable future.
    Dee Dokken, 208 Sanford, spoke on behalf of the Greenbelt Coalition. While they are appreciative of the owner's willingness to work with the City on his plan, she said they are still concerned about the amount of impermeable surface. Ms. Dokken suggested a rectangular configuration for the parking area which could further reduce the parking by two spaces. This would allow more of a grass filter strip for the water running off the parking lot before it goes downhill to the creek. Ms. Dokken reported the Coalition's second concern pertained to the sewer connection. She said it would create a 20 foot swath down the hill to an intermittent stream that flows into Grindstone. She suggested that this area be re-vegetated with native trees and grasses. In addition, Ms. Dokken noted that the commercial building would be visible from the park. She stated if it cannot be lowered or moved back, the Coalition would prefer that it be screened with cedar trees so as not to be visible.
    Tom Moran, 413 W. Walnut, representing the Osage Group of the Sierra Club, concurred with the previous speaker's remarks. He explained his group's main concern pertained to the visual pollution of the park.
    Regarding the general architecture of the buildings, Mayor Hindman noted there were special considerations being given to making them blend in with the adjacent park area. Mr. Goebel passed around a preliminary sketch of the building. He explained the style of architecture used in this case is called Prairie Style architecture. He reported that it emphasizes horizontal lines and the colors will be earth tone. Mr. Goebel stated it will be a very low profile building and entirely suitable for this site.
    Mr. Campbell asked Mr. Goebel to address the parking lot configuration. Mr. Goebel acknowledged that if a rectangular lot is used, parking could be reduced to 13 spaces, but only 1,090 square feet would be saved.
    Mr. Janku commented that minor revisions to this plan could be approved by the Planning Director (i.e., if the signage or parking area was modified). Mr. Goebel agreed that would be the call of the Planning Director, but they have typically been able to work within the boundaries of what is submitted. He remarked they could work within the plan to reduce the signage at some future date.
    Mayor Hindman closed the public hearing.
    Mr. Coffman asked the staff to comment about the sewer line. Mr. Patterson reported the developer was made aware of the need for a public sewer easement across the park property. He stated this had been worked out to the satisfaction of the Parks and Recreation Department. He also understood there have been several meetings and discussions about this project, and the Parks and Recreation Department accepted the plan that was presented by the developer.
    Mr. Hood confirmed that his staff met with the project engineer and discussed at length the routing of the sewer line. Because the Grindstone Park property was acquired with federal funds, he explained there are some restrictions about granting easements. Mr. Hood indicated that in this case, it would probably have to be a right of use agreement rather than a permanent land easement. He noted that such an agreement will have to come before the Council for approval. Mr. Hood pointed out that they have also discussed with the project engineer certain conditions that can be incorporated into such a right of use agreement, i.e., identifying the route of the sewer line which will have the least impact on the park, and then the subsequent replanting in this area.
    Mr. Coffman asked Mr. Hood if staff had any other concerns relating to landscaping. Mr. Hood believed the developer had addressed everything that had been asked of them. He said they would like to see as much buffer and landscaping between the property and the park as possible. Mr. Coffman wondered if there was a way those wishes could be further incorporated into the plan. Mr. Hood responded that staff could meet further with the project engineer to try to come up with a proposal. However, once the plan is approved, Mr. Hood questioned whether or not conditions could be added. Mr. Boeckmann said they could not. Mr. Coffman commented that because of the sensitivity of the area, he just wanted to ensure that every possible alternative has been explored.
    Mr. Campbell remarked that it would have been preferable had the City been able to purchase this tract in question years ago. But since this did not occur, he thought the current proposal was an excellent development considering the alternatives. Mr. Campbell complimented Mr. Berg for his willingness to work with the various groups in trying to meet their concerns.
    Mr. John remarked that every suggestion made to the developer has been met with a positive response. He did not see anything to object to and believed this is a great plan. The fact that the property overlooks a park is part of the charm of the plan. He noted that many parks have amenities that man has built, i.e., bridges and trails.
    Mr. Janku agreed that the applicant has gone to great lengths to meet concerns voiced by various groups. No matter how much parkland the City acquires or greenbelts that are developed, he said there will always have to be a buffer between the greenbelt and the next development. Mr. Janku believed this project will be an excellent role model of what can be done.
    Mayor Hindman pointed out that this park is in the city and it is appropriate that the city should be around it. He congratulated the developer for submitting an outstanding plan.
    B361-00 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B363-00     Authorizing construction of water main along Waterloo Drive, Stevendave Drive and Murrell Drive.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that the City is continuing to upgrade water lines in this northeast area of the City. Presently, there are three inch lines in the area and the proposal is to replace them with six and eight inch lines. The project is about 2,000 feet in length and will cost approximately $65,500. Mr. Beck reported it will be paid for out of Water and Light funds to improve fire protection and domestic water service in the area.
    Mrs. Crockett observed this would increase the water pressure in the area. She asked the Council to support the project.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Campbell noted that a fire just outside of town that occurred last weekend simply emphasizes the need for good water protection.
    B363-00 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

OLD BUSINESS
B353-00     Calling for bids for construction of the community Recreation Center.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that a public hearing had been previously held relating to this proposal. Since that time, a committee and staff have been working to put the plans together. He said the architect is present and has been asked to make a brief presentation regarding the project.
    Reid Voorheis, project architect with Sverdrup CRSS, explained where they are currently with the project. He gave a brief summary of the project and noted the plans have not changed substantially. Mr. Voorheis reported they have refined the drawings, documents, as well as the mechanical and structural systems to work within the project budget of $10.5 million. He explained that there are extra components to the project which would be add alternates in the bidding process. If the City can raise outside funds, these components would provide for some expansion of the project. Mr. Voorheis stated these alternates are being designed in the plan that will go out to bid in the event funding becomes available so the components could be included in the project.
    Mr. Voorheis reported the main focal point of the building is the large, indoor pool complex which has lap lanes, play structures and various features that will accommodate all segments of the community. There is a one court gymnasium in the base plan as well as two multi-purpose rooms, a game room, babysitting area, an office area for the staff that will run the facility, and a wet multi-purpose room off the pool. Mr. Voorheis pointed out the areas in the proposed expansion which would be the alternate elements of the project. He commented that the add alternates would expand the size of the facility by approximately 11,680 square feet and would include a second gymnasium, a third multi-purpose room, a youth fitness and training room, and expand the length of the walking track around the pool. Mr. Voorheis concluded his presentation by showing a 3-D computer video animation of the project from the exterior of the building.
    Mr. Beck asked if the bid schedule was still on track. Mr. Voorheis said they were going out for bid next week and would probably be able to start work early next year with a completion date of spring or early summer of 2002. Mr. Beck remarked some real advantages would be recognized if the funds could be raised to include the alternates as part of the original construction project. Mr. Hood noted the estimated cost for all three add alternates was $1.1 million. He reported the additional gym alone would be $554,000.
    B353-00 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B356-00     Approving the final plat of Smithton Park; granting variances to the Subdivision Regulations;
                   authorizing a performance contract.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained the location of this 12.19 acre tract as being in the west part of the City near West Worley across from Smithton Middle School. The plat contains four lots with the western two being proposed for a church site and the two eastern lots for a neighborhood park site. He noted the applicant has requested three variances.
    Mr. Dudark reviewed the first variance request to be that sewer line extensions shall not be required to extend to each lot on the plat. He stated a stipulation has been placed on the plat drawing that requires the developer to make the extension if a building is constructed on any of the lots that would require a sewer extension -- at no cost to the City. The second variance would not require the construction of a cul-de-sac bulb at the end of Burbon Street. He explained that Burbon is a short street which serves only two-single family homes. Mr. Dudark believed this was a reasonable request as it would save a lot of trees as well as preventing the increase of run-off in the area. The third variance request was to eliminate the requirement of sidewalk construction along the north side of Worley and along the east side of Silvey. Mr. Dudark noted that Worley is an improved collector street where Silvey is not. The recommendation is to grant the variance to the sidewalk construction on Silvey with the Council's policy that there be an alternate walkway constructed or a payment made in lieu of construction. Mr. Dudark summarized staff's recommendation was to not approve the variance on Worley Street because of the need for access to the park, church and school.
    In a previous ballot issue, Mr. Beck said they had included construction of a park in this particular area of the City. Initially, with the cooperation of the School Board Administration, a park would be established directly adjacent to the school. Since that time, the District decided to expand the school facilities on the entire tract so another site to the north of this particular area was identified. Mr. Beck reported staff has been working on a three-way arrangement with the developer and the Church.
    Mr. Janku understood if the Council were to approve the sidewalk variance, there would be no obligation to build an alternative walkway. If the sidewalk variance is denied, the development would be required to fulfill this obligation. In other words, if the Council wants the alternative walkway built, they should deny the variance in its entirety. Mr. Beck indicated this was correct.
    Mr. Janku questioned the park layout and how it ties into some other open space the City owns in the area. He explained there is City land that had been donated several years ago running behind Park deVille Apartments extending from Worley. He asked if this property actually connects with that piece. Mr. Hood said it does not actually connect. He said there would be just a small corner of the church's property that would have to be crossed. Mr. Hood remarked staff has discussed the possibility of trying to loop a trail from the park property to the land owned by the City by crossing that corner of the church's property. The Church has indicated that they would most likely be receptive to that, but they wish to discuss it as part of our agreement to use their two lots, for a limited period of time, as open space as part of the park. Once the acquisition proceeds by both the City and the Church, Mr. Hood said they should be in a position to formalize the agreement with the Church.
    Mr. Janku believed that would be an excellent thing to do. He noted the potential for the development of a very nice hiking/walking area.
    Mr. John asked about the other piece of City property that was mentioned -- its size and what it is used for. Mr. Beck responded it is a drainage area, more or less an open space that a sewer line goes down through. He said it is similar to a greenbelt area. Mr. John questioned if they were talking about the valley. Mr. Beck replied that was correct. Mr. John observed this area is heavily wooded and very steep. Mayor Hindman noted it has walking path potential. Mr. John was skeptical.
    Mr. Janku made the motion to amend B356-00 by striking the variance for the sidewalks in Section 5. The motion was seconded by Mr. Campbell.
    Mayor Hindman understood that under City policy, with the variance denied, the option of constructing an alternative walkway along Silvey is what the Council would be instructing the staff to enforce. The Council agreed to this assessment. Mr. Campbell remarked that if the City comes to an arrangement with the Church, it is possible that the walkway could be part of the path. Mr. Beck thought that was the goal.
    The motion to amend, made by Mr. Janku, seconded by Mr. Campbell, was passed unanimously by voice vote.
    B356-00, as amended, was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B357-00     Approving the final plat of R.T.W. Addition; authorizing a performance contract.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this will provide for 18, R-2 lots in northeast Columbia. He said staff recommends approval of the plat as it meets all of the Subdivision Regulations.
    Mrs. Crockett made a motion that B357-00 be amended by adding language to Exhibit A, Number 3 of the agreement as follows: "Both parties agree that the time table for construction shall not exceed 36 months from the effective date of this agreement." The motion was seconded by Mr. Campbell.
    Mr. Janku asked if there was any reason the additional language would cause a problem. Mr. Patterson said he did not think so. He believed the real issue would be what could be approved by the Department of Transportation. Mr. Patterson stated this issue should be resolved in the 36 month time frame.
    The motion to amend, made by Mrs. Crockett, seconded by Mr. Campbell, was approved unanimously by voice vote.
    B357-00, as amended, was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B365-00     Authorizing a right of use agreement with GTE Midwest Incorporated d/b/a Verizon Midwest to
                   allow installation of utility lines across Cosmo Park.
    The bill was given second reading by the Clerk.
    In summary, Mr. Beck explained that the Water and Light Department and Verizon would work together to underground telephone and power lines across the southwest portion of Cosmo Park. He stated this would eliminate some overhead lines, in addition to providing service for some City facilities as well as enhancing service in this area for other customers.
    Mr. Janku asked if any thought had been given to taking the line underground across the Business Loop and/or Stadium rather than having it cross above. Mr. Malon explained the main reason this proposal calls for a cross overhead is because of the tremendous expense of trying to bore under both of those locations. Between the soil conditions and the length of the bore (right-of-way widths, particularly across Stadium), it would be quite expensive. Mr. Janku asked about a dollar amount. Mr. Malon said he would guess somewhere between $100 and $200 per foot. He figured $10,000 to $20,000 at least per crossing.
    Mr. Coffman asked if there would be some long-term maintenance savings recognized if the two crossings at Stadium and Business Loop were undergrounded. Mr. Malon commented that is always a question because if the line fails, it would cost a lot of money to go in and fix it.
    Mr. Coffman made the motion that B365-00 be tabled to the December 4, 2000, meeting and requested that the staff come back with cost estimates. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

B368-00     Accepting a donation from Jim and Billie Silvey for acquisition of a canine for the Police Department;
                   appropriating funds.
    The bill was given second reading by the Clerk.
    Chief Boehm thanked the Silvey's for their continued and long-term support of the Police Department, not only through financial funding such as in this case, but Mrs. Silvey has spent a number of hours through the years as a volunteer for the Department. He explained this particular donation will cover the complete cost of the purchase of the canine along with the training package.
    Mr. Beck added his thanks to the Silvey's for their monetary and volunteer efforts. Mayor Hindman commented that the Council shares the same appreciation as well.
    B368-00 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B370-00     Authorizing a real estate contract to purchase property near Columbia Regional Airport; advancing
                   funds from the Designated Loan fund; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this is a 224 acre parcel located just north of the Columbia Regional Airport.
    Mr. Patterson displayed the parcel on the overhead and explained the area shown in blue and yellow is included in the Master Plan as being eligible for 90% funding by the FAA. The portion in green is the remainder of the Centre Point property that is outside the City's Master Plan. He explained that this area constitutes acreage the FAA would not purchase, but they would pay damages for the purchase of the yellow area along Highway H. Mr. Patterson reported the City would be purchasing about 224 acres, of which the federal government will pay fee title and damages to the extent that our cost for the entire $600,000 will be about $218,000 when the grants are reimbursed to the City.
    B370-00 was given third reading with the vote recorded as follows; VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B372-00     Authorizing acquisition of land located on Tupelo Place for flood protection purposes.
    The bill was given second reading by the Clerk.
    Mr. Patterson indicated this acquisition is necessary due to the recent intent to develop these lots by an individual. He reported that if the City allows the property to be developed, potential storm water problems would be created not only on these lots, but it would also create adverse affects on surrounding low lying properties. Mr. Patterson stated this acquisition is consistent with current City policy in that we would be preventing future flooding problems and eliminating existing ones. He noted that staff has evaluated the site and proposes that the City attempt to purchase these lots. If Council is in agreement, the storm water utility would initiate action to acquire them to prevent development.
    Mr. John asked if these lots have been a problem all along. Mr. Patterson said there is a problem with low lying areas where water backs-up from underneath the I-70 culvert. He reported that if development is allowed on these lots, a lot of fill work will be necessary, which would then increase the flooding problems on other properties.
    B372-00 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B373-00     Confirming the contract of J.C. Industries Inc. for the construction of improvements at the Cow
                   Branch Pump Station, Force Main and Outfall and Trunk Sewers CB-4 and CB-5.
    The bill was given second reading by the Clerk.
    Mr. Beck explained this as a major sewer line project located in north central Columbia. He said six bids were received varying from $1.33 million to $2.1 million. Staff recommends that the Council accept the low bid of J.C. Industry in the amount of $1,355,227.
    B373-00 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B374-00     Calling for bids for the construction of Fire Station No. 8 at the northwest corner of Bearfield Road
                   and Nifong Boulevard.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that a public hearing had previously been held on the preliminary plans and the architect was instructed to proceed with detailed plans and specifications. The estimated project cost is $1.24 million to be funded from the 1/4 percent capital improvement sales tax approved by the voters last November.
    B374-00 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B375-00     Appropriating funds for the FY 2000 public transportation operating budget.
    The bill was given second reading by the Clerk.
    Mr. Beck indicated that $52,400 had been allocated to the transportation operating budget.
    Mr. John noted that a little over a year ago, he had asked that a plan be developed with the goal to increase ridership on City buses. He had been told, because a new manager had been hired, to give this individual some time to become familiar with the operation. Mr. John commented that besides buying new equipment, he wanted to know how the City plans to improve bus service to increase ridership.
    Mr. Patterson responded that one of the first things accomplished was to establish counting procedures so they knew good counts were being submitted -- which staff feels has been done. He stated the Transportation Manager has given him a report recommending some options for increasing ridership. Mr. Patterson explained that he is working on getting this report in final form to submit to the Council. He remarked some things that have already been initiated included the designation of "Transit Week" in the City of Columbia, which was met with some questionable success. Mr. Patterson thought that was indicative of their effort to look for things to be done to increase bus ridership. He apologized for the delay in getting the report to the Council.
    B375-00 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. 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.

B358-00     Approving the final plat of West Vandiver Industrial Park, Plat 1; authorizing a performance contract.
B359-00     Approving the final plat of Deer Ridge Subdivision, Plat 1; authorizing a performance contract.
B362-00     Approving Engineer's final report; authorizing payment of differential costs for construction of water
                   main serving Broadway Oaks, Plat 1.
B364-00     Accepting easements for water and electric purposes.
B366-00     Levying special assessments against properties for abatement of weed nuisances.
B367-00     Amending Chapter 11 of the City Code to add a provision relating to inspection fees for temporary
                   food events.
B369-00     Authorizing an amendment to the agreement with Bucher, Willis & Ratliff for engineering services
                   related to the Bear Creek Trail Phase IV Project.
B371-00     Accepting easements for drainage, sewer, street, utility and construction purposes.
B376-00     Authorizing acquisition of easements necessary for the construction of Smith Drive from Windermere
                   Drive to Silver Thorne Drive.
R225-00     Setting a public hearing: construction of water main along Barberry Avenue.
R226-00     Setting a public hearing: construction of water main along Sunflower Street.
R227-00     Setting a public hearing: improvements to the Lake of the Woods Golf Course.
R228-00     Setting a public hearing: voluntary annexation of property located on the north side of State
                   Route K, west of Old Village Road.
R229-00     Setting a public hearing: construction of sanitary sewer improvements serving the Evergreen
                   Acres Subdivision.
R230-00     Setting a public hearing: consider the purchase of six replacement paratransit buses and installation
                   of fixed route passenger amenities.
R231-00     Authorizing an agreement with the Missouri Department of Natural Resources for a storm water
                   grant; appointing the Director of Public Works as representative to sign associated documents.
R233-00     Renewing an agreement with the Missouri Department of Health for the issuance of birth and death
                   certificates.
R234-00     Authorizing an agreement with Regional AIDS Interfaith Network to provide HIV case management
                   services.
R235-00     Authorizing an agreement with First Night Columbia, Inc. for support of the New Year's Eve special
                   event.

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

NEW BUSINESS
R232-00     Authorizing an agreement with The Larkin Group for engineering services related to the construction
                   of a new bridge over Bear Creek on Garth Avenue.
    The resolution was read by the Clerk.
    Mr. Janku said one of his concerns with this project involved the residents who live on the east side of Garth Avenue. In order to get to Parkade School on the west side, particularly in the area of Garth Court, it is very difficult to cross Garth at this location because of the hills and the sight distance. Mr. Janku requested that the engineers who design the project take that into account. In addition, he remarked if there is a need to relocate the utility lines on the west side of Garth, he was hopeful consideration could be given to underground them.
    The vote on R232-00 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R236-00     Selecting an artist for the artwork at Fire Station No. 8; authorizing a Percent for Art agreement with
                   Susan Taylor Glasgow.
    The resolution was read by the Clerk.
    Dave Griggs, Chairman of the Cultural Affairs Commission, distributed a portfolio for the Council to review while making his remarks. He explained the process the Standing Committee on Public Art used in selecting an artist for this project as opposed to selecting a work of art. The group is recommending an artist this evening with the understanding that her specific design will be reviewed at a later date. Most importantly, Mr. Griggs reported the work of art will be integrated into the overall plan for the building. An important distinction with this project is that the Committee determined that it should be open only to artists residing in Boone County. This approach was particularly appropriate since the building is designed by a local architectural firm. In addition, Mr. Griggs commented that working with a local artist will eliminate the need for travel costs and other expenses.
    Mayor Hindman thanked Mr. Griggs on behalf of the Council. Mr. Griggs said he would relay the Council's thanks to the Commission.
    Susan Taylor-Glasgow, remarked that she is excited about the project and honored the Commission selected an artist rather than a proposal. She said it has given her the opportunity to work with the architects and really integrate the art work with the building, rather than applying it as an afterthought.
    The vote on R236-00 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. 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:

B377-00     Calling for bids for the construction of improvements at the intersection of Keene Street and St.
                   Charles Road.
B378-00     Confirming the contract of Five D Enterprises for the rehabilitation of the airfield lighting control
                   cables at Columbia Regional Airport.
B379-00     Establishing Sanitary Sewer District No. 155 east of Medavista Drive and west of Manor Drive.
B380-00     Granting a water line easement to Consolidated Public Water Supply District No. 1.
B381-00     Amending Chapter 14 of the Code to prohibit parking along both sides of Garth Avenue from
                   Thurman Street to Blue Ridge Road. (Introduced by Janku.)
B382-00     Accepting a grant from the Missouri Department of Public Safety; appropriating funds.
B383-00     Implementing a local parks sales tax.
B384-00     Authorizing construction of improvements to the Lake of the Woods Golf Course.
B385-00     Approving the final plat of Thessalia Subdivision, Plat 5; authorizing a performance contract;
                   accepting a conveyance of land for a greenbelt.
B386-00     Approving the final plat of McCaleb Subdivision; granting a variance to the Subdivision Regulations;
                   authorizing performance contracts.
B387-00     Approving the final plat of BCFPD Subdivision, Plat No. 1; authorizing a performance contract.
B388-00     Approving the final plat of Creative Photo Studio.
B389-00     Approving the final plat of Sutherlands Industrial Plaza; granting variances to the Subdivision
                   Regulations.
B390-00     Approving the final plat of Spring Creek, Plat 2.
B391-00     Approving the final plat of Hospital Drive Subdivision, Plat 2, a Replat of Part of Fellow's Subdivision
                   of Part of Fairgrounds Addition to the City of Columbia.
B392-00     Vacating Lake Street between Hitt Street and Virginia Avenue.
B393-00     Rezoning property located on the west side of Oakland Gravel Road, approximately 1,000 feet north
                   of Holly Avenue from A-1 and C-P to R-1.
B394-00     Amending the Broadway Farms Business Park O-P Development Plan.
B395-00     Approving the Community Recreation Center C-P Development Plan.
B396-00     Approving the PUD Site Plan of Westbury Village.
B397-00     Approving the Schapira O-P Development Plan Phase 2.
B398-00     Authorizing construction of water main along Barberry Avenue.
B399-00     Authorizing construction of water main along Sunflower Street; appropriating funds.
B400-00     Authorizing an agreement with Consolidated Public Water Supply District No. 1 for construction of
                   water main along Grindstone Avenue.
B401-00     Accepting easements for electric and water purposes.
 

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

(B)     Proposed Revisions to the Subdivision Regulations Re: Required Street Widths.
    Mr. John noted that Public Works had presented a proposal to the Council that involved staff creating a matrix of variable street widths, sidewalk widths, and different types of pathways. He would prefer to see that come forward before looking at an isolated change to street widths.
    Mr. Patterson explained that his staff has been working with the Planning Department on the development of those standards in matrix form showing the paving widths, the number of traffic lanes, and widths where bike lanes are involved. He said this information is included in the CATSO report, so it can now be forwarded to the Council.
    Mr. John thought this report involved an isolated area where the proposal calls for changing one standard width. He said if the Council is going to review the matrix, he would prefer to refer this to the Planning and Zoning Commission for their review and comments.
    Mr. Campbell said Planning and Zoning should start the process before the Council reviews it. Mr. Patterson indicated staff has been working with them on the dimensions. He said the report coming to the Council will include all streets, not just the one, even though the Commission was particularly interested in 32 to 28 foot, he thought the matrix standards would be much more comprehensive than that.
    Mr. Campbell asked when the report would be finished. Mr Dudark explained that the CATSO Committee reviewed it last week and it is on the Commission's agenda for their December 14 meeting. After approval, it will go on to the Council. Mr. Campbell asked what would happen if Planning and Zoning makes suggestions. He wondered if it would go back to CATSO and where the Council comes into the mix.
    Mr. Patterson explained that subdivision ordinance amendments have to be reviewed by Planning and Zoning before coming to the Council. He said that will be the vehicle for the enforceable standards the City would use. He further explained that the planning document sets out the guidelines for certain types of streets, but for it to be enforceable, it has to be included in the subdivision ordinance. Mr. Patterson indicated CATSO is separate from that and the main thing the Council will approve from them is the Major Thoroughfare Plan and the adopted guidelines. He reported that is not the standard to which staff would apply in regards to the construction of streets in Columbia. That would be whatever the Council determines as far as the minimum standards in the subdivision regulations. Mr. Beck said that would be the case unless it requires federal money.
 

(C)     Naming Policy for Recreation Center.
    Mr. Campbell noted the suggested standard donation being 50%, which he believed was quite high, depending upon the size of the building. Mayor Hindman noted this is only in connection with the Recreation Center and the basis of the recommendation has been long researched, including conversations with the University regarding their policies. The report proposes a starting point of 50%. Mayor Hindman remarked this would only apply to the add-ons to the Center because the taxpayers have already agreed to pay for the building itself. He said the rules would not be hard and fast and nothing would be approved without being subject to review and approval by the Council. Mr. Campbell said his point was that this precedent will probably not affect just the Recreation Center, but all other buildings that might come along for which the City would be seeking public funds. He thought the policy should apply to not just one building, but all future buildings. Mayor Hindman noted that these are just guidelines.
    Mr. Janku made the motion that the guidelines be accepted. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
 

(D)     Proctor Drive - Parking Restriction.
    Mr. Patterson explained staff's recommendation based on the number of complaints that have been received. After staff reviewed the situation, they believed it was reasonable to remove parking from the one corner because of the sharpness of the turn, the limited visibility and restricted radius that vehicles have. Staff recommended the restriction.
    Mr. Janku agreed with the report, but said it is unfortunate this is necessary.
    Mr. John noted that out of the five respondents, four were in favor and one was opposed to the restriction. He was hopeful the one owner who was opposed to this is not the individual who will be losing all the parking. Mr. Patterson said the party opposed was the one that thinks the parking will be moot in his situation. Mr. Janku thought there could be some flexibility in not making it to the lot line at the northernmost point. He said that would leave one on-street space.
    Mr. Janku made the motion that an ordinance be prepared to prohibit parking as put forth in the memo. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
 

(E)     Con-Agg 80-Acre Point Sewer Request.
    Mr. Beck noted that this was being requested by the property owner.
    Mr. Campbell made the motion that the request be granted as written. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

(F)     Canopy located in front of Bingham's Store.
    Mr. Beck suggested that staff provide Council with a report and the appropriate legislation in reference to this request by the property owner.
    Mayor Hindman made the motion that the proper legislation be prepared. The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.
 

(G)     Land Use Planning - Columbia Regional Airport.
    Mr. Beck explained that this issue involved planning around the Airport and the Council received a memo from the Airport Advisory Board suggesting a joint process which would include Boone County, Ashland and the City of Columbia. He proposed that a response be sent to the Board, and staff could possibly contact both Ashland and Boone County to see if a plan to proceed could be developed.
    Mayor Hindman made the motion that the staff be directed to proceed per Mr. Beck's suggestion. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
 

BOARDS AND COMMISSIONS
Upon receiving the majority vote of the Council, the following individual was appointed to the Commission and Mayor Hindman made two appointments to his Committee as follows:

DISABILITIES COMMISSION
Pavlick, Donna L., 1407 Dunbar, Ward 5 - term to expire 6/15/02

MAYOR'S COMMITTEE ON PHYSICAL FITNESS
Grus, Terrence, 910 Clayton, Ward 1
Knudson, Judith A., 2100 Southwood, Ward 6
 

COMMENTS OF COUNCIL, STAFF, AND PUBLIC
    Mrs. Crockett commented that she was pleased that Scott Boulevard is now open. She understood that Route B should be open in the next two weeks. Mr. Patterson said he could not make any promises on Route B. Mrs. Crockett asked when Brown Station Road would be finished. Mr. Patterson said it should be open within the next few weeks.
    Mr. John commented that once the City has acquired the land adjacent to the airport, he asked staff to think about the best economic way to maintain those properties and report back with options and alternatives.
    Mr. Beck noted that staff is working on a Master Plan as to ownership. He said when the original property was purchased, some of the tracts that were in excess of the City's needs were traded and in some cases kept. He did not think the City actually sold off the property.
    Mr. Coffman remarked that he has received several complaints from individuals working at MOREnet on LeMone Boulevard. He explained that a crosswalk has been installed between the parking lot and their building and many people feel it is not working as well as they hoped. He said there have been several close calls with cars not respecting the crosswalk. Mr. Coffman asked that traffic enforcement attention be paid to the situation and that the staff report back on ways to make it more visible.
    Mr. Coffman noted that the Council received a letter this week from the Chair of the Board of Adjustment involving two issues the Board feels to be confusing. The first relates to parking requirements for swimming pools and other recreational facilities. The Board's question was whether or not the parking requirement should be set by the square footage of buildings, or should the water surface of pools be included as well. The second concern was about screening requirements for parking lots. Mr. Coffman asked for a staff report regarding the interpretation of the issues and what might be done to clarify them.
    Mr. John noted that the engineers working on the Recreation Center plans had commented on the parking issue as well. It was noted there is a standard for recreation facilities, which is much different than for the building space itself. Mr. John suggested referring this information to the Planning and Zoning Commission.
    Mr. Campbell said he still has strong feelings about the City's parking standards being much too rigid. He thought these standards should be addressed depending upon need, not only recreational, but other kinds of facilities as well. Mr. Campbell was hopeful the total parking requirements could be reviewed to make them more flexible.
    Mr. Coffman agreed with Mr. Campbell, but believed the first issue could be resolved quickly if it was dealt with first.
    Mr. Dudark offered a suggestion. He proposed an interim report dealing with the two items raised by the Board of Adjustment and then a list of things that could be reviewed more globally.
    Mr. Coffman made the motion that the Council accept Mr. Dudark's recommendation. The motion was seconded by Mr. John and approved unanimously by voice vote.
    Mr. Coffman thought he had asked for a report a few months back regarding boarding houses and interpretation of such. He wanted to ensure it was still pending.
    Mr. Coffman noted that people had been inquiring about the holiday lighting on the Power Plant smoke stack. He said it was missed last year and they were wondering if it could be put up this year.
    Mr. Janku asked about the bidding process on Sunflower and when construction was likely to begin. Mr. Patterson replied staff is ready to bid the project with one condemnation still outstanding, but they are having difficulty negotiating the relocation of electric lines with Boone Electric. Once that has been resolved, the project can be bid.
    Mr. Janku repeated his request from a previous meeting concerning the renegotiation of the City's agreement with Con-Agg regarding the $5,000 so something could be done in the park with the money. He asked if it was being pursued. He noted if it involved tree planting, it should be ready to go by spring. Mr. Beck replied that he would check the status.
    Mr. Janku indicated that he had given Mr. Dudark some information pertaining to federal grants for disabled housing. He was hopeful some organizations in Columbia may be able to participate in the program.
    Mr. Beck commented that a groundbreaking ceremony is planned in mid-December for the Route AC project.
    The meeting adjourned at 9:50 p.m.

                                                                                        Respectfully submitted,

                                                                                        Penny St. Romaine
                                                                                        City Clerk