FEBRUARY 5, 2001

    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, February 5, 2001, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON and CROCKETT were present. Councilperson JANKU was absent. The City Manager, City Counselor, City Clerk, and various Department Heads were also present.
    Mayor Hindman welcomed Boy Scout Troop 702 from Broadway Christian Church and their Scout Leader, Chris Graham.

    The minutes of the regular meeting of January 16, 2001, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mr. John.

    Upon her request, Mr. Coffman made the motion that Mrs. Crockett be allowed to abstain from voting on B27-01. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
    The agenda, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mrs. Crockett.


Ben Orzeske - Residential Parking Permit Ordinance and Results of ECNA Parking Survey.
    Ben Orzeske, 507 High Street, spoke on behalf of the East Campus Neighborhood Association. He reported that 208 residents in this neighborhood had been contacted in regards to a residential parking permit program. He explained the results of the survey, which was distributed to the Council. He noted that almost 80% of the respondents felt the speed limit in the East Campus neighborhood should be reduced to 20 mph. Mr. Orzeske believed this neighborhood is unique in that there is no other area within the City that has such a large concentration of residences without adequate off-street parking. He pointed out that many of the single family homes have been split up into apartments and rooming houses, which increases the number of vehicles per residence. Mr. Orzeske did not think that on-street parking is necessarily a problem, although it becomes frustrating when those spaces have been taken up by non-residents (employees of both the University and Boone Hospital). He was hopeful staff could study what other cities are doing to resolve these types of problems.
    Mayor Hindman noted that he had attended sessions at national meetings that focused on college communities. He believed Mr. Orzeske's concerns represent a very familiar issue other cities have had to solve as well.
    Mr. Coffman commented that this is not the first time the Council has addressed the parking issue in the East Campus area. Realizing the complexity of the issue and the variables to be considered, he was hopeful the City could move forward some type of program to remedy this problem.

B25-01     Approving the City of Columbia Fire Station No. 8 PUD Site Plan.
    The bill was given second reading by the Clerk.
    Mr. Dudark displayed an overhead of the site map and explained the proposed building would be located to the west of the property the City owns. He reported that about 70% of the site would be left in open space. Mr. Dudark stated that the proposal was approved by the Planning and Zoning Commission.
    Mayor Hindman voiced concern about the amount of lighting planned for this fire station due to its location in a residential neighborhood. Mr. Dudark explained as the lights were reduced in height, the number of the poles had been increased accordingly. He said no light will spill off of the property.
    Mr. Beck noted that he had asked staff and the architect to design the structure so that it might be used for additional purposes, such as a police substation. He reported that other cities are also following this concept. Mr. Beck believed that could be a major factor in regards to lighting.
    Mr. Coffman indicated that he had received some negative comments in regards to the lighting planned for the fire station.
    Mayor Hindman opened the public hearing.
    Eric Miller, Project Manager and architect with Peckham and Wright, explained there were many reasons for the lighting levels being proposed. He reported the original light standards on the residential side of the property had been modified to12-foot poles with baffles on the fixtures. Mr. Miller noted that security was a primary issue for the amount of lighting in regards to the police substation and employee shift changes.
    Karl Skala, 5201 Gasconade, a member of the Planning and Zoning Commission and the Energy and Environment Commission, was pleased there would be baffles on the lighting fixtures. In addition to the light poles shown on the plan, he pointed out that there are three mast arm high pressure sodium lamps already present on the site -- two on the east side and one on the west. Mr. Skala said security could also be effective with bollard lamps which would not cause a nuisance for the residential area.
    Alyce Turner, 2194 E. Bearfield, indicated she lives nearby the tract in question. She thought the amount of lighting proposed was overkill. Ms. Turner commented that dusk to dawn lights can cause a lot of glare on the road.
    Mayor Hindman closed the public hearing.
    Mr. John noted numerous modifications had been made to this plan and he did not think the amount of lighting being proposed would be excessive. He noted that because the lights will be lowered and baffled, an increase in the number of poles becomes necessary to provide adequate lighting. Mr. John thought the plan was appropriate and suggested that the Council support it.
    B25-01 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, CROCKETT. VOTING NO: NO ONE. ABSENT: JANKU. Bill declared enacted, reading as follows:

B26-01     Amending the Keene Street C-P Development Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the Wingate Hotel is located on the west side of Keene Street, south of Berrywood Drive. The revision calls for adding two 76 square foot wall signs and a 20 square foot canopy sign. Both staff and the Planning and Zoning Commission support the request.
    Mayor Hindman opened the public hearing.
    Rod Stevens, an attorney with offices at 11 N. Seventh Street, spoke on behalf of Wingate Inn. He passed around photos of Wingate Inn as well as photos of the Holiday Inn beside it. He explained that this revision is being proposed because it is difficult for guests to identify where the hotel is from Keene Street. The proposal calls for a 76 square foot sign on the east side of the hotel, another sign of the same size on the front of the building, and a 20-foot sign on the canopy. Mr. Stevens indicated that should the Council approve this request, the total signage for Wingate Inn will be similar to that of neighboring businesses.
    Mayor Hindman asked why Wingate has a problem with signage that the Holiday Inn has managed to avoid. Mr. Stevens explained that Holiday Inn has a very large pole sign as well as another sign that faces Keene Street. He guessed when this plan was originally submitted to the City, Wingate Inn failed to include these three signs.
    Mayor Hindman closed the public hearing.
    B26-01 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, CROCKETT. VOTING NO: NO ONE. ABSENT: JANKU. Bill declared enacted, reading as follows:

B27-01     Approving the Daniel Boone Little League C-P Development Plan; granting variances.
    The bill was given second reading by the Clerk.
    Mr. Dudark displayed a site location map. He explained the property to be just west of Scott Boulevard and south of Chapel Hill Road extended. He showed where the two additional fields are proposed to be developed as well as a concession stand, maintenance building and a parking lot. Access to the site in the interim will be from the existing entrance at the rear of the property. When Chapel Hill is extended, Mr. Dudark reported the applicant will be allowed to have a driveway off of the new road.
    Mr. Dudark indicated the Planning and Zoning Commission unanimously recommended approval of the plan subject to three conditions. One condition was that all the right-of-way the League owns to the west and the east (on the north side of Chapel Hill Road extended) be dedicated to the City to facilitate the construction of the roadway in lieu of participating in a cash contribution. The second condition is that the hours of night time operation be limited to 10:30 p.m., except from July 15 to August 15 when it would be extended to 11:30 p.m. during the League's tournament period. The last condition was that the field lighting be in accordance with the description of Musco brand lighting.
    Mr. Dudark summarized the two variance requests accompanying the application. The first variance is to delay the sidewalk requirement along Chapel Hill Road until the time the road is extended. The Commission recommended denial of this request. The second request was to waive the requirement for perimeter landscape screening. Mr. Dudark noted that this tract will be used as open space. He pointed out the substantial amount of buffering to the west and the east of the site in the form of existing trees and drainage ways. Due to the existing natural conditions, the Commission supported the variance to the landscaping requirement.
    Mr. Beck stated that Mr. Janku had asked for a report outlining the potential for park space in this area. He indicated a response to this request was included in the Council packet.
    Mr. Campbell asked if the location of the easement for the extension of Chapel Hill has been established so the League can develop their ballfields around it. Mr. Dudark responded staff does not have a survey that would identify the exact location of the off-site right-of-way. He estimated it would be to the west on the north half of the 80 foot right-of-way, and also to the east on the north 40 feet of the 80 foot right-of-way. Mr. Campbell noted a rendering of the Chapel Hill extension was included in the Council packets and it was not shown as a straight street, but rather with a bow in it. Mr. Dudark reported there is a creek that comes down through the area and runs under Scott Boulevard. He thought the street had been off-set a little to accommodate the existing terrain. Mr. Campbell asked if the road would still be within the right-of-way. Mr. Dudark replied that it would be.
    Mayor Hindman asked what the League would be required to do if the Council denied the sidewalk variance. Mr. Beck indicated the applicant would have to build a sidewalk or escrow money. Mr. John remarked the League could also come back with a plan for an alternative sidewalk within the three year period.
    Mayor Hindman opened the public hearing.
    Bruce Beckett, an attorney at 1103 E. Broadway, spoke on behalf of the Daniel Boone Little League. He said the League understood that the plan line for Chapel Hill Road, both east and west of their property, has not been pinned down with any degree of precision. He commented that it is also the League's understanding that the road would be an arterial street, and no money has been set aside to build it at this point. It appeared to them that the request for a variance to delay the sidewalk requirement should be granted to the extent that the League would not be obligated for such until such time the street is built. Mr. Beckett explained that money is a big issue for the Little League.
    Mr. Beckett said as the City does not know precisely where the additional right-of-way for Chapel Hill Road will be located, the League believed they would be writing a blank check by with that condition. As the applicant understands it, the City believes this would be quid pro quo as the League would be relieved of any responsibility for participating in the cost of the road's construction. Mr. Beckett thought that was probably a fair deal, assuming the Chapel Hill alignment does not go through or interfere with any of the existing ballfields. He said the League would cooperate with this condition if it does not interfere with their existing facilities. However, Mr. Beckett maintained the fact of the matter is that the City does not know where the right-of-way is or how much land would be needed.
    Mr. Campbell indicated that Mr. Dudark had said that the road would be built within the right-of-way. Mr. Beckett stated if the condition were to read 40 feet of the applicant's land, that would be acceptable. He reported that the League's property includes fields that are northeast, north and northwest of this particular site. Mr. Patterson commented that to the east, the City has half the width of Chapel Hill on the south side of the property line. He believed it was safe to say that the League's responsibility to the east of this site would not be more than that half width (40 feet). To the west, Mr. Patterson believed it would be the same situation because there are definitely limitations on being able to go further north. He thought it seemed possible that it could be even slightly south of that. Mr. Patterson stated he was comfortable with a half width right-of-way responsibility at which time the Council deems it would be appropriate to have it dedicated. Mr. Beckett said the applicant could accept that.
    Mr. John asked about granting temporary variances and the legality of such. Mr. Boeckmann explained this is a strange situation in terms of the timing because the City is requesting right-of-way for a street that is not built, nor is there any financing in place for it. In addition, the City is asking the League to dedicate this right-of-way and it is not known exactly where it is supposed to be -- which has to be done before the applicant can obtain a building permit.
    Mr. Beckett suggested that the language in the performance contract could be modified so that a sidewalk would not have to constructed within 36 months. He proposed that the appropriate language be inserted in place of this condition so that a sidewalk will be required when the Chapel Hill Road extension is constructed.
    Mr. Boeckmann suggested deleting the language granting a variance from the sidewalk requirement from this bill. Then in the performance contract (which is attached to B28-01 on the Consent Agenda), the Council could authorize him to work out something with Mr. Beckett so that the League will not have to build a sidewalk until the street is constructed. In Section 5, Subsection 1, pertaining to the dedication of right-of-way, Mr. Boeckmann suggested amending the language to read "occupancy permit" rather than "building permit".
    Mr. Campbell made the motion to amend per Mr. Boeckmann's suggestion. The motion was seconded by Mayor Hindman.
    B27-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSTAINING: CROCKETT. ABSENT: JANKU. Bill declared enacted, reading as follows:

B31-01     Amending Chapter 20 of the City Code as it relates to the Planning and Zoning Commission.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that there are a number of provisions in the Code pertaining to the Planning and Zoning Commission that do not reflect current practices. He listed the changes as outlined in the report.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B31-01 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, CROCKETT. VOTING NO: NO ONE. ABSENT: JANKU. Bill declared enacted, reading as follows:

B32-01     Approving the "Metro 2020: A Planning Guide for Columbia's Future".
    The bill was giving second reading by the Clerk.
    Mr. Dudark explained that the Metro 2020 Plan has been in the works for a couple of years now. In July of last year, the Council held a public hearing whereby several members of the public raised concerns about certain aspects of the Plan. He reported that staff reviewed these comments and met with the Council in November. Out of that work session, Mr. Dudark explained that a number of modifications were made to the document. He displayed a summary of the modifications. He noted that the revised pages of the Plan document were distributed to interested parties on December 11, 2000. In addition, the revisions as well as the full document were placed on the City's web site. Mr. Dudark noted a provision in the last section of the ordinance that indicated the Plan shall serve as a general guide to public and private actions in the development of the City -- it is only advisory and not regulatory. The Plan does not control the use of private property, nor does it limit the Council's discretion in enacting land use regulations.
    Mayor Hindman opened the public hearing.
    Joe Engle, 2407 Topaz, Science Advisor to the Director of the Department of Natural Resources, spoke on behalf of the Department. He explained their concern pertaining to lack of protection of the community's natural resources, in particular, the Rock Bridge Memorial State Park area. He assumed the Plan's default position is that residential homes can be built on property adjacent to the park. Mr. Engle remarked there are no areas that have been identified as being unsuitable for development. The DNR believed there are tracts in the Metro 2020 Plan that probably are not suitable for dense development, and may not be suitable in some cases for any development. Mr. Engle indicated DNR would prefer that the south end of Rock Quarry Road be closed. He offered the help of the department in any way needed.
    Winifred Colwill, 1417 Countryshire Drive, spoke for the Columbia-Boone County League of Women Voters. She said that League members have spoken before on this issue and were pleased to see that some of their concerns had been addressed.
Ms. Colwill said although the overall plan has much to be commended, they felt that changing the title from plan to guide raised a basic question -- whether the plan will be implemented. In order to curb sprawl development, the League believed the most vital key to be City-County cooperation. Ms. Colwill indicated the group agreed that the City and County should develop a comprehensive plan for the area surrounding Columbia. The League feels that until a joint plan is complete, approval of any annexation or land use designation for the area would be premature. Ms. Colwill reported they suggested adopting a distance based development fee which would reflect the increased cost of providing municipal services to new development on the City's fringe. It was thought such a policy would likely stimulate in-fill development. The group is also in full support of adopting a parkland acquisition policy. Ms. Colwill also reasserted the League's belief that energy efficiency and renewable energy deserves more emphasis in the Plan.
    John Blakemore, 4807 Bearfield, spoke on behalf of the Clear Creek Neighborhood Association and in support of the comments made by the representative from the Department of Natural Resources. Mr. Blakemore reported the Clear Creek Association believes there is a glaring inconsistency relating to the designation of the Phillip's property as being commercial, office and residential. Given the issues that prompted the Council to demarcate this as an environmentally sensitive area, Mr. Blakemore said it seemed highly incongruous to allow commercial and even residential development without any green space. The Association asked that the Plan be amended to designate the Phillip's tract as open space until the EPA standard research is done. Mr. Blakemore indicated that the group also suggests that the Council revisit a meeting that the City, the County, DNR, MDC, several neighborhood associations and the Greenbelt Coalition had in 1996 when the needs of all of those organizations were reviewed to determine whether there is enough common ground on which they can now all act. Mr. Blakemore volunteered to head a task force created for that purpose.
    Jane Addison, 2407 Shepard, spoke on behalf of the Greenbelt Coalition. She noted that several of their suggestions made at the last hearing were not incorporated in this new version of the Metro 2020 Plan. Ms. Addison indicated the Coalition was pleased that area creeks had been given greenbelt/open space status. She said the Coalition was also delighted that the Perche Creek open space area had been enlarged. The group encouraged City administration to continue to map out a possible greenbelt route on the west side of the CATSO area in conjunction with Perche Creek. Ms. Addison stated the Coalition found the map misleading in that the default land use appears to be residential judging by the large amount of yellow. She noted that LeMone Industrial Boulevard continues to be shown as extending up to Stadium Boulevard, and that Stadium is still extended northeast. She reported both of these roads cross or run alongside water course areas. If and when these roads come to pass, the City must prevent any damage to riparian health, water quality and open space. Ms. Addison remarked the Coalition believes there are at least two areas that should be pro-actively designated as open space/greenbelt. One area is the 50-acre Phillip's lake estate, and the other is the area surrounding Rock Bridge State Park.
    Norman Lenhardt, 1118 St. Christopher, commented that the City is not encouraging solar energy in the 2020 Plan. He noted the Plan also encourages cooperation with the School District to reserve property for future schools. Without a way to recoup infrastructure costs, he said the School Board does not have the money to do that. Mr. Lenhardt did not think the City would have the money to do it either.
    Susan Bingaman, 2179 E. Bearfield, stated that designating outlying areas such as the Phillips tract for eventual commercial and industrial office development is an indication of a pre-existing prejudice towards that type of growth. The Council would be ignoring the need for additional development within the existing boundaries of the City itself to promote revitalization of areas that are currently dying.
    Paul Land, 2005 Robin Terrace , spoke as a member of the Columbia Board of Realtors Legislative Committee. Mr. Land was appreciative that some of their concerns voiced at an earlier meeting were corrected in the latest version, but the revised plan still has remaining inconsistencies in specific parameters which the Board of Realtors finds objectionable. He circulated a document that listed their concerns. Chief among those were contradictory text statements about the Plan's goals to work within the framework of existing ordinances and subdivision regulations, and its quoted objective contained on Page 7, Paragraph 5. Mr. Land urged the Council to review the material he passed out and asked that they incorporate the suggested Section 1.5 into the Plan. The suggestion read as follows: "Wherever the Metro 2020 Plan is in conflict with existing zoning and/or subdivision ordinances, then the existing ordinances shall prevail."
    Tom Moran, 413 W. Walnut, spoke on behalf of the Osage Group of the Sierra Club. He indicated that they were not sure the Plan as proposed could effectively deal with its stated objectives and issues, especially objectives one and five in the section relating to land use planning. Mr. Moran noted the City has embraced the ideals promoted by PedNet, which is appreciated by the group. He urged the Council to follow the Plan's recommendation which encouraged development to be in harmony with the natural environment. He noted that there was no mention in the objectives concerning recovery of infrastructure costs or the preservation of agricultural lands. Mr Moran explained that the proposed expansion of the metro area into surrounding, undeveloped agricultural lands is of very serious concern to the residents of both the City and the County, and is rather contrary to the stated goals of this document.
    Becky Sterling, a realtor with Re/MAX Boone Realty and Chair of the Women's Network Governmental Affairs Committee, commented that their overriding concern is the affordability issue of housing in Columbia. She was appreciative that affordable housing has become a goal of the Metro 2020 Plan, and encouraged the Council to establish a task force to ensure that Columbia continues to be a great place to live.
    Maura Browning, 11H Broadway Village Drive, the Government Affairs Director for the Columbia Chamber of Commerce, explained that she has lived in Columbia for less than six months, but she understands the Plan to be a hotly debated issue that a lot of time and effort has gone into. She was appreciative of Section 4 contained within the ordinance that stipulates the Plan should serve as a general guide in an advisory capacity, not regulatory. However, she said most residents of Columbia are not going to look at the ordinance before they look at the Plan. She suggested including this language in the Metro 2020 guide itself. Ms. Browning noted that the Chamber had recently sent letters in regards to this issue, and they hoped these had been considered by the Council.
    Karl Skala, 5201 Gasconade, recommended that the Council delay approval and seek greater community understanding of the document by soliciting further participation in its creation.
    Sharon Hansen, 1307 Dunbar, read a letter regarding traffic and growth. She commented that extending Forum Boulevard to Old Plank Road would mean the removal of on street parking, which will not accommodate the increasing crowds that frequent Wilson's Pool in the summer. She believed it would also cause more flooding for the residents living along Old Plank Road. Ms. Hansen said that more Columbian's would benefit if tax money was spent on the basic needs.
    Molly Duprey, 1501 Rosemary, spoke of her concern about recent sprawl. She remarked on her disappointment that the City has not become more bicycle and pedestrian friendly over the past five years that she has lived in Columbia.
    William Woodward, 200A Unity, spoke in support of the comments made by Ms. Duprey and Mr. Skala.
    Alyce Turner, 2194 E. Bearfield, explained that she resides within the urban fringe of Columbia. She spoke about the need for preserving green spaces and protecting environmentally sensitive areas. Ms. Turner suggested that the County should be involved in this planning process as well.
    Eleanore Wickersham, 4920 Forum, spoke in favor of preserving greenbelt areas and open spaces. She thought there was a consensus among the residents that the Plan does not give enough attention to such. She also believed it is important to expand and preserve our regional parks. Ms. Wickersham encouraged the Council to designate the Phillips area as a regional park, not a commercial area. She expressed concern about the plans for the Gans Creek and Rock Bridge State Park areas and the potential for negative impact to this fragile environment.
    Linda Rootes, 807 N. Eighth, President of the North Central Columbia Neighborhood Association, explained that this area is a mixed use, downtown neighborhood. She was appreciative of the fact that the Metro 2020 Plan defines a city center -- the walkability, the built-to-the-curb, no on-site parking -- the amenities that make a neighborhood dense and walkable so public transportation can be available. Ms. Rootes appreciated the differences in the various City neighborhoods was being recognized.
    John Clark, 403 N. Ninth, reported that he had attended most of the meetings and public hearings held on this issue. He thought there needs to be a much broader knowledge and a more substantial consensus in the community about the overall wisdom of the Plan. He suggested the Community Structure Plan designation be retained. Mr. Clark was concerned about the inadequacy of the first objective in the Transportation Objective section. He noted that it refers to a street system and not a transportation system. He offered substitute language. Mr. Clark suggested that the vote on this Plan be delayed, and that the issue be sent back to Planning and Zoning for further review.
    Davika Thomas, 1506 Wilson, noted a number of people are present who do not feel the commercial and employment district on the map to be appropriate. She asked them to stand. Approximately five dozen people stood. Ms. Thomas also passed out an article from the Missouri Conservationist on karst groundwater.
    Mayor Hindman closed the public hearing.
    Mr. Coffman stated that he is concerned about the area around the Phillips tract being designated as commercial since the Council has officially recognized this as a sensitive storm water area. He would be willing to entertain some sort of compromise if the majority of the Council is not willing to designate it as an open space.
    Mr. Campbell remarked that a storm water management ordinance will be enacted before too long. He said this legislation will address several of the issues raised concerning the protection of watersheds. Mr. Campbell explained that one of the main objectives of the Council has been to try and reduce travel time and the number of vehicles on the roads. He believed one way to do that is to spread out services, both commercial and work areas. However, Mr. Campbell commented that development should still be done in an environmentally sensitive manner. He did not find it strange to be designating some commercial and work areas for the Phillips tract. Mr. Campbell indicated that he would find it strange if the development did not meet the environmental concerns that will come as a result of the storm water management plan.
    Ms. Crayton remarked that as development occurs in the outer boundaries of the City, transportation infrastructure has not been moving with it. She stated the City needs to ensure that all businesses in the community remain accessible to those who rely on public transportation.
    Mr. John noted that the City is working to implement a watershed protection ordinance, and the Council has already designated a higher development standard to the Gans Creek, Clear Creek, and Rock Bridge State Park areas. He was appreciative of DNR's concern, but was hopeful their pockets are bigger than the City's. Mr. John agreed that the Plan is very broad, but he believed it should not be too specific. He stated not everyone's wish or desire can be included in this document. However, the Plan will be continually updated. Mr. John commented that the Metro 2020 Plan will serve as a guide for future, long-term development of the City. He also pointed out that the Planning Department has agreed to put the ordinance approving the document inside the Plan itself.
    Mr. Campbell noted that urban sprawl is not something the City can stop from occurring. He added, however, that property owners do have land use rights. He said those must either be acknowledged or paid for. Mr. Campbell thought the plan was very innovative as it integrates many areas. He said the document will be updated periodically as needs arise, and he planned to support its adoption.
    Mr. Coffman agreed that the document contains many forward-looking concepts, mostly those that allow for flexibility. He reiterated his concern with the Phillips tract. Mr. Coffman was hopeful the map could be modified to designate significant green area to this property.
    Mayor Hindman indicated that he had wrestled with the use designation for the Phillips tract himself. He stated whenever a green space is opened up, eventual development ends up elsewhere. Mayor Hindman commented that most everyone prefers a more compact and efficient city, but if space is not provided for development, it will go further and further out. He reported that although the map does not show it, when the storm water ordinance is completed, more green space will be provided to this area because of runoff requirements. Mayor Hindman preferred leaving the map as is.
    Mrs. Crockett agreed that the Council should move ahead with the Plan.
    Mr. Coffman motioned that the land use map portion of the Plan be delayed until the next meeting in order to work out a mixed designation in the Phillips area. The motion died for the lack of a second.
    B32-01 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, CROCKETT. VOTING NO: NO ONE. ABSENT: JANKU. Bill declared enacted, reading as follows:

(A)     Construction of sanitary sewers in Sewer District No. 155 (Marion and Medavista Drive area).
    Item A was read by the Clerk.
    Mr. Patterson explained that this involves construction of sanitary sewers between Medavista Drive and Marion Drive and contains 10 parcels of land. The project's estimated cost of $60,000 will divided equally between the sewer utility and participating property owners via tax bills. The maximum tax bill for this project has been established at twenty-six cents per square foot of property in the sewer district. Mr. Patterson reported the project consists of approximately 560 lineal feet of 8-inch line that will be replaced with new material and manholes. The project is necessitated by an existing stoppage problem to the substandard line from tree roots causing sewer overflows. After this sanitary sewer project is finished, a public hearing will be held in order for the Council to authorize tax bill assessments. Mr. Patterson listed the benefits accrued that might be considered at that time as follows: the replacement sewer line will prevent further stoppages, which in turn will eliminate potential health hazards and the potential liability to property owners from those health hazards, as well as the financial liability they currently have for maintaining the sewer line. Mr. Patterson noted that meetings have been conducted with the affected property owners at which time they were told there would be disruptions to backyards. He indicated that staff thought property owners understood what the project will consist of and the majority of residents are in support of the sewer district.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Campbell made the motion that staff be directed to proceed with final plans and specifications. The motion was seconded by Mr. John and approved unanimously by voice vote.

B34-01     Amending Chapter 22 of the City Code to increase the monthly charge for solid waste residential
    The bill was given second reading by the Clerk.
    Mr. Patterson reported the proposed materials recovery facility will be located on the existing landfill site immediately south of the entrance road at the scales. The first phase of the project would involve construction of the facility which consists of a 125 by 250 foot pre-engineered building, site grading and pavement for traffic flow in and out of the area. Mr. Patterson indicated the facility would be equipped with a single conveyor system to begin recovery processing, bailing and marketing of materials recovered by the City through the blue bag and drop-off programs, as well as providing opportunities for expansion to the current recycling program itself. He explained staff prefers to bid this project through the Purchasing Department in order to expedite the facility's construction so it can be done in conjunction with the expansion of the landfill planned for this summer.
    In order to accomplish the goal of constructing the materials recovery facility, Mr. Patterson explained staff is proposing a solid waste rate increase. Initially, this legislation would authorize a forty-five cent per month increase for residential units beginning with the first billing cycle after the ordinance is passed. To ascertain that the City's rates would still be competitive, Mr. Patterson reported that staff conducted a fairly comprehensive survey comparing rates and services with those of other communities. It was found that our current rates are already very competitive, and will still be comparable after the proposed increases. He noted the rate increase tonight would be the first of three to be implemented. The second increase would take place next year and the third the following year.
    Mr. Patterson said the variables for the increases would depend on the success of the recycling program. Any changes to revenues could reduce, eliminate or defer one or both of the planned increases. He believed that is the advantage to phasing the rate increases as the program progresses.
    Mayor Hindman opened the public hearing.
    William Woodward, 200A Unity, was interested in the cartage tonnage weight and whether these rates would be increased. He believed those outside of the City should pay their fair share accordingly. Mr. Woodward asked if any grant funds would be used to pay for the new facility.
    Mr. Beck explained that part of the City's recycling program, particularly the drop-off portion, is paid for partially from the landfill tipping fee which is assessed to both residents and nonresidents. Mr. Beck verified that staff will be pursuing all grants for which the City might be eligible for.
    Regarding the tipping fee, Mr. Patterson explained that the utility is an enterprise fund and charges are made on the basis of the cost of service. He pointed out that the tipping fee at the landfill is a separate charge which is built into the rates. Mr. Patterson stated the residential rate includes a landfill charge. He noted the increases would be used for materials recovery operating and materials recovery debt retirement -- specifically residential uses in the recycling program. Mr. Patterson reiterated that the rate increase being recommended for recycling has nothing to do with the landfill tipping fees. Tipping fees are separate and self-supporting.
    Henry Lane, 1816 E. Broadway, was concerned that in a few years, the total rate increase would amount to $1.30. He pointed out that Springfield has commercial garbage collectors and does not have a city-owned operation to his knowledge, which allows for cheaper rates. Mr. Lane wondered why the same could not be done in Columbia to keep our rates lower.
    Mr. Campbell pointed out a comparison on the overhead showing Springfield's rates at $12 to $15. Mr. Patterson explained that Springfield's rates vary because they utilize different private contractors. He said the figures shown on the overhead were compiled from a survey done just last week. Mr. Lane asked if those figures included total garbage collection. Mr. Patterson said it was residential only. Mr. Beck noted that DNR had done a statewide study which showed the average of $16 per residential household unit per month. In addition, he reported many of those cities are not providing bags, curbside collection or drop-off. Mr. Beck reiterated that the City's drop-off units are partly subsidized by the landfill tipping fee so that both residents and nonresidents are paying a portion of the cost.
    Mayor Hindman closed the public hearing.
    B34-01 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, CROCKETT. VOTING NO: NO ONE. ABSENT: JANKU. Bill declared enacted, reading as follows:

(B)     Construction of improvements at the landfill to implement a materials recovery system for the recycling
    Item B was read by the Clerk.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mrs. Crockett made the motion that the staff be directed to proceed with construction of a building at the landfill for the purpose of implementing a materials recovery system. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.

(C)     Construction of the Upper Hinkson Creek Outfall Relief Sewer Project.
    Item C was read by the Clerk.
    Mr. Patterson explained that this project consists of replacing the Upper Hinkson line with a relief sewer line. The current line is about 24-inches in diameter in most cases, and the capacity required for this section would require a 48-inch line. The project has been designed by Crawford, Murphy and Tilly. Financing is being proposed to come from the bonding capacity of the last ballot issue and the State Revolving Loan Fund Program for the financing mechanism Mr. Patterson said there would be about 4,500 feet of 48-inch line being constructed. He reported the project would eliminate an air lift pump station at the Country Club property that has been the source of considerable complaints in the neighborhood because of odor problems. In addition, it will also eliminate three inverted syphon crossings which overflow during heavy usage and in rainy seasons causing illegal discharge into Hinkson Creek. The project will be constructed deep enough to allow for gravity flow crossings for its entire length. The total cost of this sewer project has been estimated to be $2.8 million. The next cycle for the State Revolving Loan Fund is April, and Mr. Patterson was hopeful the construction plans could be completed to get in on the April bonding set by the state.
    Mayor Hindman opened the public hearing.
    Maxine Thomas, 2514 Brookside, explained that she lives immediately adjacent to the Hinkson Creek and is well-acquainted with all of its problems. She noted the City has been most helpful in assisting with the sewer problems that have occurred. Ms. Thomas knew the project was necessary, but she is hopeful the fruit trees on her property could be saved in the process.
    Dee Dokken, 208 Sanford, felt badly that the Thomas' yard would be disrupted, but appreciated the City is proposing this project because of the sewage she has seen running into the creek. She hoped the construction would disrupt the creek as little as possible. Ms. Dokken asked if disturbed riparian and native grasses could be replanted in native grass instead of fescue.
    Phoenix Conway, 213 Sanford, reiterated Ms. Dokken's comments. She thought the long-term goals for the project were good.
    Mayor Hindman closed the public hearing.
    Mr. Coffman asked about the native plant life being used for the project. Mr. Patterson explained that generally fescue is used because it is quick growing. He added that he knew of no reason why something different could not be considered. He indicated staff could look into it.
    Mrs. Crockett made the motion that staff be directed to complete final plans and specifications. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.

B20-01     Authorizing agreements with Ameren Energy Development Company for development of a gas turbine
                 project at the Bolstad Substation site.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the Council has been briefed on this project at an earlier work session.
    Mr. Malon explained that several months ago, the City Council authorized a letter of intent with Ameren Energy Development Company for a gas turbine project at the Bolstad Substation. He noted that this company is an unregulated subsidiary of Ameren Corporation -- not the local gas utility. Mr. Malon reported this agreement would allow for a public/private partnership between the City and Ameren, with the City providing the site, and the project would be designed, financed and constructed by Ameren.
    Mr. Malon noted the turbine would be connected to the City's transmission system to give access to the outside world. He said the City will have the opportunity to buy capacity from the site and an option for ownership. Ameren will also be selling the output to other entities. Mr. Malon displayed a layout of the plan on the overhead. He also showed the highlights of the project on the overhead. Approval of the agreement will provide the basic framework for construction of the facility and for the City's participation in it. The project will also provide economical peaking capacity and system reserves for future growth for the Columbia utility system. In addition, Mr. Malon reported the turbines will provide reliability for the area with "black start" capability on the Columbia system. The City could begin buying 20 Mw of capacity beginning in June of this year and it would be increased to 36 Mw by June 1, 2003. There is no increase in electric rates anticipated in connection with this project.
    Mr. Malon explained that the agreement has been somewhat modified since the original introduction, but said the terms and the conditions remain the same. The document has been reviewed by the Water and Light Advisory Board twice, and both times the Board has recommended approval of the project. Mr. Malon indicated that both the staff and the Board believe the arrangement should be a good one for the City and Ameren.
    Bob Porter and Nick Lombardi, representatives of Ameren Corporation, offered to answer any questions.
    William Woodward, 200A Unity, spoke in favor of the project. He questioned the black start capability.
    Mr. Malon explained that, depending upon the time of the year, the units can generate approximately 144 megawatts. He reported the City's power plant can generate another 86 megawatts, which when combined with the turbine, will reach over 200 megawatts. If a blackout were to occur today, he said there was no question that we could carry the entire city. At peak time during the summer, Mr. Malon indicated that probably would not be possible. He explained it just depends on the time of year and what actually happened. Mr. Malon explained that the units are tied to a bus on a major substation in the city. He remarked there would not be so much a series of addresses that would be involved, but the first step would try to get the City's plant started and then maybe try to bring the University up.
    Mr. Campbell made the motion that B20-01 be amended per the amendment sheet. The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.
    B20-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, CROCKETT. VOTING NO: NO ONE. ABSENT: JANKU. Bill declared enacted, reading as follows:

B29-01     Approving the final plat of Bolstad Subdivision; granting variances to the Subdivision Regulations.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained that this is the property Mr. Malon just spoke about in connection with the gas turbine project. He described it as 69 acres of city-owned property with Peabody Road bisecting it. He noted the plat creates two lots. Mr. Dudark reported there are two requests for variances; one for sidewalk construction and one to have the plat drawn at a scale different that what the Subdivision Regulations call for. He pointed out that there are no existing sidewalks in this area of the community as the road leads to the sanitary landfill. The request for the different scale is because of the size of the property.
    Mayor Hindman agreed that there would be no one walking in the area, but stated this is a City project. Mrs. Crockett saw no need for a sidewalk. Mr. John agreed, but he thought the Council should realize there will be cases where walks will not be needed in other places as well.
    David Rogers, an attorney with offices at 813 E. Walnut Street, voiced concern about waiving the requirement of sidewalks entirely. He believed this is an area, particularly on the north and east side of the road, possibly down as far as the substation, where some thought should be given to the need for a sidewalk. Eliminating the sidewalks and making no requirement of improving the road to industrial grade standards would guarantee that the area will always be shabby. Mr. Rogers reported that his client owns all of the ground surrounding the City property. He indicated that this individual plans to develop an industrial park on his property.
    Mayor Hindman asked to what standards the road will be built. Mr. Beck explained that Peabody Road had recently been resurfaced to be a very wide, well-built road. He noted there are no curbs and gutters along it and he did not anticipate any in the future. Mayor Hindman asked whether an industrial development will be located on either side of the subject tract. Mr. Rogers commented this is an area where an asphalt plant and things of that sort belong.
    Mr. Campbell thought that because Peabody is an unimproved street, the City should not build the walks until there is a need for them. He remarked if ever the street is improved with curbs and gutters, that would be the appropriate time to construct the sidewalks.
    There was a discussion about how the Council would handle this situation if it had been a private developer. Mr. Dudark reported that if a variance was not approved, the remaining options would be to either build an alternate walkway or supply payment in lieu of construction. There was a discussion about the City having the responsibility of providing a sidewalk if development occurs in the area. Mayor Hindman thought the City should, in some way, accept the responsibility that a sidewalk should be constructed at the appropriate time.
    Mr. Patterson explained that if this were a private developer who wished to avoid future responsibility for the sidewalk, this individual would have to contribute funding, by agreement, into the City Sidewalk Fund and the plat would reflect that they no longer had any responsibility for a sidewalk.
    Mr. Beck had indicated to Mr. Malon earlier this evening that there was the possibility that he would need to escrow Water & Light funds into the general sidewalk fund.
    Mayor Hindman preferred that the variance be denied and then follow the procedure outlined by Mr. Patterson.
    Mr. Rogers suggested that the Council could state that the variance is granted subject to the condition that the City will install the sidewalks at such time there are walks in the area. He pointed out that his client would be in a position to enforce it if it was done that way.
    Mayor Hindman reiterated his point that he thought the City should be in the same position as anybody else. Whatever method satisfactorily puts the City in that position, would suit him.
    Mayor Hindman made the motion that the variance be granted with the stipulation that the plat will read that the City will be responsible for constructing sidewalks when the road is improved or when other walkways are provided in the area. The motion was seconded by Mr. John and approved unanimously by voice vote.
    B29-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, CROCKETT. VOTING NO: NO ONE. ABSENT: JANKU. Bill declared enacted, reading as follows:

B30-01     Approving the final plat of Water Tower Place Subdivision, Plat 2; granting variances to the
                 Subdivision Regulations.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that staff supports the construction of a telecommunications tower on the site which would produce some revenues for the City. In order to issue a building permit, the property must be platted.
    Mr. Dudark described the property as a 1.4 acre tract acquired by deed in 1975. He noted there is no street frontage and access is by a private easement to the water tower. He explained that the Subdivision Regulations require street access, thus the reason for the first variance request. The second request is related to the fact there are no utilities on site because there are no buildings to be occupied. The request is that no sewer line be required. Mr. Dudark pointed out that the Planning and Zoning Commission recommended approval based on the fact that there are no occupied buildings.
    B30-01 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, CROCKETT. VOTING NO: NO ONE. ABSENT: JANKU. Bill declared enacted, reading as follows:

B36-01     Authorizing an agreement to purchase Stephens Lake property.
B37-01     Authorizing a contract for lease with option to purchase Stephens Lake property.
    The bills were given second reading by the Clerk.
    Mr. Beck explained the first agreement deals with the financing procedure and the second with some conditions in the purchasing agreement. He noted one of the conditions pertains to the naming of the property and it is stipulated that the City will agree to include the Stephens name when that process is initiated. The second condition involves granting the College exclusive use of portions of the property twice a year for the alumni student weekends. Mr. Beck commented that the College would have to give 12 months advance notice to reserve the facilities, and they would be expected to pay the customary charge for the reservation. The next condition allowed the College priority for scheduling soccer games on the property with six months advance notice and payment of customary fees. Mr. Beck pointed out that Stephens has not asked for any special treatment. He said these are the same types of provisions administered for anyone else wanting to use the property. Another condition was that the College would be allowed to dump leaves and horse manure on the property until March 16, 2001, as well as continue to store their equipment until June 1, 2001. Mr. Beck reported the College would be responsible for any environmental clean-up in the next three years.
    Karl Skala, 5201 Gasconade, commented that he was under the impression that the uses for the Stephens Lake property had not been determined in regards to the soccer fields.
    Mayor Hindman explained that the use of the property has not yet been established. He said as there are soccer fields currently on the property, the College would be allowed to use these unless they are taken. Mr. Boeckmann said the soccer provisions are contingent on the City having soccer fields there. It does not require the City to keep the fields.
    Mr. Coffman made the motion that both B36-01 and B37-01 be amended per the amendment sheets. The motion was seconded and approved unanimously by voice vote.
    B36-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, CROCKETT. VOTING NO: NO ONE. ABSENT: JANKU. Bill declared enacted, reading as follows:
    B37-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, CROCKETT. VOTING NO: NO ONE. ABSENT: JANKU. Bill declared enacted, reading as follows:

B38-01     Appropriating local parks sales tax revenue; amending the FY2001 budget to add three positions to
                 the Parks & Recreation Department.
    The bill was given second reading by the Clerk.
    Mr. Beck indicated with the passage of the parks sales tax, an amendment needs to be made to the FY 2001 budget to allow for additional personnel (Management Support Specialist, Groundskeeper II, and Parks Planner) to the Parks and Recreation Department. He reported the ordinance also provides for the replacement of some existing equipment, which was likewise discussed during the budget process. He noted another budget amendment pertaining to the Recreation Services Fund which is separate from the regular Parks budget. This would provide for the funding of lease payments, environmental survey and site development costs for the Stephens property. It would also provide for maintenance of the property during the summer months.
    William Woodward, 200A Unity, asked the Council to exempt food purchases from this sales tax.
    B38-01 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, CROCKETT. VOTING NO: NO ONE. ABSENT: JANKU. Bill declared enacted, reading as follows:

B39-01     Authorizing the conveyance of a ½ interest in real property at the Walton Building site to the Chamber
                 of Commerce.
    The bill was given second reading by the Clerk.
    Mr. Beck noted an amendment sheet was prepared for this bill. He explained that the City and the Chamber joined together in 1985 to build the Walton Building as part of a property arrangement worked out with the University. At that time, the City provided a financing plan for both the property and the building. The cost was financed under the Convention & Visitors Bureau's budget through the City. The agreement stipulated that the City and the Chamber would jointly own the property and the building. Mr. Beck explained that the Chamber recently purchased their one-half interest in the building, and in accordance with the agreement, they can purchase their portion of the building which amounts to $148,744. Mr. Beck noted that the funds would be put back in the Convention & Visitor's Bureau capital fund account.
    Don Laird, President of the Columbia Chamber, commented that the Chamber has enjoyed a long-standing, good relationship with the City. As they continue to look at their space needs and other various options, Mr. Laird felt the arrangement would continue to be a good one. He reported the Chamber is prepared to write the check.
    Waldo Palmer, 414 Alexander, was concerned that one of the parties may want to sell their half of the property to another entity. Mayor Hindman explained that should either party decide to sell their half, the other one would have the first right of refusal.
    Mr. Campbell made the motion that B39-01 be amended per the amendment sheet. The motion was seconded by Mr. John and approved unanimously by voice vote.
    B39-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, CROCKETT. VOTING NO: NO ONE. ABSENT: JANKU. Bill declared enacted, reading as follows:

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

B21-01     Accepting easements for water utility purposes.
B22-01     Vacation of a utility easement located on the west side of South Providence Road, north of Stewart
B23-01     Vacation of easements located within Boone Hospital Medical Park; accepting an easement for electric
                 and water purposes.
B24-01     Vacation of a portion of street right-of-way located within Bolstad Subdivision.
B28-01     Approving the final plat of the Daniel Boone Little League Subdivision; authorizing a performance
B33-01     Approving a right of use permit with Roger and Shirley Berg for the construction of a sewer line through
                 the Grindstone Nature Area.
B35-01     Confirming the contract with C.L. Richardson Construction Company for reconstruction of the
                 intersection of St. Charles Road and Keene Street.
R14-01     Setting a public hearing: construction of water main serving Vanderveen Crossing, Plat 6.
R15-01     Setting a public hearing: construction of pedestrian bridge at Providence Road and I-70.
R16-01     Setting a public hearing: construction of sanitary sewers in Sewer District No. 152 (Spring Valley
                 Road and West Broadway area).
R17-01     Setting a public hearing: construction of Rollins Road from Rothwell Heights to Colonial Gardens.
R18-01     Setting a public hearing: considering an amendment to the FY 2001 CDBG and HOME Action Plan.
R19-01     Authorizing Supplement No. 5 to the Master Site Lease for property leased from the Federal Aviation
                 Administration at Columbia Regional Airport.
R20-01     Authorizing Amendment #3 to the contract with the Missouri Department of Health for HIV Prevention
                 and Counseling Services.
R21-01     Authorizing agreements with the Boone County Historical Society for caretaking services for facilities
                 in Nifong Park.
R22-01     Authorizing an agreement with the Boone County Historical Society for maintaining and making
                 improvements to the Maplewood Home.
R23-01     Authorizing a social service contract with Planned Parenthood of Kansas and Mid-Missouri.

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

R24-01     Authorizing a lease to place a trash compactor on private property off the alley south of Broadway
                 and between Eighth Street and Ninth Street.
    The resolution was read by the Clerk.
    Mr. Patterson reminded the Council that a trash compactor had been placed in the alley between Eighth and Ninth Streets in 1997 for the purpose of trying to eliminate several dumpsters. After the project proved to be successful, there was a desire to permanently locate the compactor off the main thoroughfare at which time the staff came back with a request for authorization to acquire the privately owned alley. Mr. Beck reported this is in conjunction with an ongoing plan with the downtown business community to clean up dumpsters and improve the accessability of alleys to make them more available for pedestrian amenities.
    Mr. Patterson indicated that during negotiations for the purchase of the alley, the owner was reluctant to sell the property, but was willing to enter into a lease agreement. This agreement is based on negotiated values of loss of benefit to the property owner in the form of parking spaces for tenants and access for deliveries. Staff recommends proceeding with the execution of the lease in order to get the compactor out of the alley and begin cleaning the area up.
    The vote on R24-01 was recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, CROCKETT. VOTING NO: NO ONE. ABSENT: JANKU. Resolution declared adopted, reading as follows:

R25-01     Authorizing an agreement with Cerini Investments, Inc. for operation of a passenger shuttle service
                 between Columbia and the Columbia Regional Airport.
    The resolution was read by the Clerk.
    Mr. Patterson explained that this would authorize a contract for continued passenger shuttle service at the airport. Last fall, Cerini notified the City in accordance with their existing contract of their intent to not renew. The reason cited at that time was the inability to increase the fares and the corresponding loss of revenues. Negotiations with Cerini have resulted in this agreement that would allow them a fare increase from $17 to $20 for one-way, single passenger fares between the airport and Columbia. Mr. Patterson explained the agreement would also authorize the City Manager to approve any subsequent increases felt necessary in order to keep the shuttle viable. He said the shuttle is not a large revenue generator for the airport, but it does provide an essential service. It is believed that the fare level will seek its own sense of equity in that if the fare gets too high and becomes profitable, there will be competition which would be allowed to also provide service at the airport.
    The vote on R25-01 was recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, CROCKETT. VOTING NO: NO ONE. ABSENT: JANKU. Resolution declared adopted, reading as follows:

R26-01     Declaring the intent to reimburse the Shelter Insurance Generator Equipment Project with proceeds
                 of bonds.
    The resolution was read by the Clerk.
    Ms. Fleming explained the City is required to provide this resolution of intent for IRS purposes. She indicated staff tried to negotiate a lease-purchase agreement, but those details could not be worked out on a tax exempt basis. Ms. Fleming reported that a little more time is needed to work out those financing arrangements. She stated this agreement will allow staff to proceed with the project, and then when the financing arrangements are worked out, the funds will be replenished back into the Water and Light budget.
    The vote on R26-01 was recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, CROCKETT. VOTING NO: NO ONE. ABSENT: JANKU. Resolution declared adopted reading as follows:

B55-01     Removing Adelphia Telecommunications franchise from the April ballot.
    The bill was given first and second reading by the Clerk.
    Mr. Beck explained that Adelphia asked to have their franchise request removed from the ballot. Because of the timing, an emergency ordinance is necessary.
    B55-01 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, CROCKETT. VOTING NO: NO ONE. ABSENT: JANKU. Bill declared enacted, reading as follows:

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

B40-01     Amending Chapter 23 of the City Code relating to sign regulations.
B41-01     Amending Chapter 29 of the City Code relating to parking and screening requirements.
B42-01     Approving a replat of a portion of Lot 1 of Garth's Subdivision; authorizing a performance contract.
B43-01     Approving a replat of Lot 8 Sedona Villas Plat 1.
B44-01     Authorizing an amendment to the agreement with Con-Agg; appropriating funds.
B45-01     Confirming the contract of Curtiss-Manes-Schulte, Inc. for the construction of the Columbia Community
                 Recreation Center.
B46-01     Vacating a sanitary sewer easement within Columbia Mall; accepting a grant of easement for sewer
B47-01     Accepting easements for water utility purposes.
B48-01     Authorizing an agreement with R/S Electric Corporation for the lease of generator equipment for
                 Shelter Insurance project; appropriating funds.
B49-01     Appropriating funds for the repair of economizer #6 at the Municipal Power Plant.
B50-01     Authorizing construction of water main serving Vanderveen Crossing, Plat 6; authorizing payment of
                 differential costs.
B51-01     Confirming the contract of Wisch and Vaughan Construction Company for the construction of Fire
                 Station No. 8; appropriating funds.
B52-01     Accepting easements for drainage, sewer, utility and street purposes.
B53-01     Confirming the contract with N-J Wilson Contracting, Inc. for the construction of water main along
                 sunflower Street from Route E to Mayberry Drive.
B54-01     Authorizing an agreement with Boone County for JCIC clerical services.
B56-01     Amending the FY 2001 Budget.

(A)     Intra-Departmental Transfer of Funds Requests
    Report accepted.

(B)     Street Closure Request
    Mr. Beck explained that this request to close Walnut Street, from Seventh to Eighth Street, on April 26, 2001, was received from Columbia Public Schools in relation to their activities for Partners in Education Week. The request is to close the street from 4:30 to 7:30 p.m.
    Mr. Campbell made the motion that the request be approved as submitted. The motion was seconded by Mr. John and approved unanimously by voice vote.

(C)     Report of City of Columbia Volunteer Hours
    Ms. Nutter pointed out in fiscal year 2000, there was a 20% increase in volunteer hours over the previous fiscal year of approximately 46,000 hours. She said the increase is the result from a variety of efforts by City staff trying to utilize more volunteers. Ms. Nutter was hopeful the City would continue to see increases in volunteer hours over the coming year.
    Mayor Hindman commented that he was glad to see the program doing so well and complimented Ms. Nutter on a fine job.

(D)     Request by the East Campus Neighborhood Association to establish an Urban Conservation (U-C) Overlay
    Mr. Dudark noted that the neighborhood has been working on this issue for some time. He reported staff provided a summary report to the Council on the process. He said if the Council is in agreement to begin the actions necessary to establish an urban conservation overlay district in the East Campus area, staff will proceed with the procedure for scheduling a meeting. Mr. Dudark indicated a report will come back for further review before any action is taken.
    Mr. Coffman believed this neighborhood to be the perfect place for the urban conservation overlay. He is constantly reminded by the residents that there never has been a good, comprehensive plan relating to the development of the neighborhood. Because of an almost even mix of single family homes and dense student housing, he thought extremely complex and unique problems have been created that perhaps an overlay could address.
    Mr. Coffman made the motion that the staff proceed with necessary actions. The motion was seconded by Mr. Campbell.
    Mr. John noted there are two methods for starting the overlay process. One method is to obtain support from at least 50% of the property owners in the neighborhood. The other is to get the City Council to override that rule and give authorization to proceed with such without contacting 50% of the people. Mr. John noted that the neighborhood association in this case had said they wanted diverse groups involved in the process, yet those representatives have not really tried to initiate any involvement because a petition has never been circulated. He thought the Benton Stephens District was the result of a very small group that planned, organized and orchestrated the complete urban conservation overlay district without having the majority, or even a close proximity, of the property owners in the district agreeing to it.
    Mr. John believed the neighborhood should start the process by getting residents to agree to it. If there is some problem with that, then the group could come to the Council and discuss it. Mr. John indicated he could not support this request.
    Mayor Hindman pointed out that the Association is asking for staff to bring back an ordinance, which may or may not be passed after it has been reviewed.
    Mr. Coffman asserted residents had been collaborating with landlords in the neighborhood in various ways on other issues, and he did not think it would be hard to contact the appropriate residents, except maybe for some absentee landlords that are difficult to notify. With such a flexible tool as the overlay, he said specific points must be brought forward before a resident can really decide to support it or not. Mr. Coffman did not see a problem getting people together. He said the Benton Stephens overlay was worked on over a series of years and residents were aware of the process.
    As a landowner in the Benton Stephens area, Mr. John reported he never was notified of a meeting. He knew a meeting had been scheduled, but only until the Planning Department published notification of the public hearing. He said at that point, he thought the overlay designation was a done deal. Mr. John was sure there were other property owners that were not given the opportunity to comment as well.
    Mr. Dudark remarked that if the Council makes a motion to begin the process, staff would prepare a draft ordinance and a boundary report. He noted the Council would review this information first and then if they wanted to proceed, they would need to direct the Planning and Zoning Commission to hold a hearing.
    Mr. John remarked that the neighborhood would not have been given an opportunity to make the initial decision as to whether they wanted this process to begin. Mr. Dudark responded the Council would have the authority to stop the proceedings if they opt not to support the draft ordinance. If the Council chooses to approve the proposal, they would direct the Commission to schedule to a formal public hearing on it.
    In drafting such an ordinance, Mr. Campbell asked how much staff time would be needed. Mr. Dudark replied staff could review the Benton Stephens overlay and determine to what extent it can be modified to fit the situation in the East Campus area. Then staff would meet with the neighborhood association to discuss those findings. Mr. Dudark could not estimate how many times staff would need to meet with residents in order to work out any changes they might request. He thought it would be at least 60 to 90 days. Mr. Campbell asked if that would take considerable staff time. Mr. Dudark agreed that would be part of it.
    Mrs. Crockett thought it would be best to find out how many property owners would really be interested in establishing an overlay district. She did not want to see staff time spent if only 15% would be interested. Mrs. Crockett reported that she attended the meetings when the Benton Stephens overlay district was considered, and basically the same eight to ten people showed up. She did not believe everyone in the neighborhood was contacted, and she thought they should be.
    Mr. John said if there was a step anywhere after this, where the property owners got to vote on the plan, he would support the request. He remarked as the situation stands now, this is only the step where the property owners get to vote on whether or not they want an overlay district -- which is the step the Council will be overriding.
    Mr. Coffman argued that the Council does not know what the specifics are yet. He thought it would be more meaningful if the Council had a draft to look at and discuss. He did not think the district would look much like the Benton Stephens ordinance because the issues are different.
    Mr. John felt the neighbors needed to agree to begin the process. He said the Council would be overriding the only chance for the property owners to vote. Mr. John agreed there will be a couple of meetings, but probably only 20 people at the most will show up. He wondered how many property owners there are in the neighborhood.
    Mr. Coffman said there would be the Planning and Zoning Commission, the Council and probably two or three rounds of hearings. He felt it incumbent on the Council to initiate it and get it started. Mr. Coffman said people will not know what is involved until there are meetings. He remarked one of the City's top priorities is supposed to be helping the older neighborhoods, but it seems that we never get around to doing much for them. Mr. Coffman agreed that everything possible should be done to notify all of the parcel owners in the area.
    Because of inertia, Mr. Campbell said it was difficult to get a neighborhood motivated to look at planning. He noted that may be a valid reason for suggesting there should be some type of step to get there. He was not sure what kind of petition someone would be asked to sign as there would be nothing to reflect on. Mr. Campbell indicated he would support Mr. Coffman's motion because he did not think the other way would work.
    The vote on Mr. Coffman's motion, seconded by Mr. Campbell, was approved by voice vote.

(E)     Dakota Avenue Parking Restrictions
    Mr. Beck explained that a business on the north side of Dakota Avenue has been experiencing problems with accessing their property. He said that Public Works looked at the area and identified a 160 foot length along the north side of the street where they recommend that parking be removed between the hours of 6:00 a.m. and 6:00 p.m.
    Mr. John made the motion that staff be directed to prepare the necessary legislation. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.

(F)     Utility Check-Off
    Mr. Beck reported this issue had been discussed in detail at the pre-Council dinner meeting. During budget discussions, he had suggested looking at innovative ways of trying to find some alternative resources for the City. Mr. Beck explained this proposal would expand the current check-off program. He noted six areas have been identified as a starting point. Those include public art, community beautification, youth recreation scholarships, public health, fire prevention and education equipment and materials, as well as crime prevention equipment for the police department. Mr. Beck said the program would be administered by the Office of Volunteer Services and coordinated with the Finance Department. He remarked separate funds would be established for all of the check-off's under the City's Community Trust Program.
    Mr. Coffman asked if the H.E.L.P. Progam would be listed along side the others. Mr. Beck said each program would have a separate check-off. Mr. Coffman expressed concern about how this proposal might potentially hurt an existing program.
    Mayor Hindman made the motion than an ordinance be prepared for introduction. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.

Mayor Hindman appointed the following individual to the Mayor's Committee on Physical Fitness and Health:
    Hessler, Richard M., 411 Westmount, Ward 4

    Mr. Campbell corrected an error he made in an editorial that was printed in Sunday's paper. He had said that Mr. Thelan was a political scientist when he should have said he was an historian.
    Mr. Campbell suggested the Council should meet with the County on a regular basis as they do with the School Board. He has been asked by the Chair of the Planning and Zoning Commission whether staff could be asked to set-up some kind of system whereby the City's Commission could meet with the County's Planning and Zoning Commission on a regular basis.
    Mr. Campbell made the motion that the staff be directed to draft a plan to coordinate the activities between the City and County Planning and Zoning Commissions. The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.
    Mr. John noted that comments have been made about affordability in terms of housing. He remarked that HUD has defined such and have established all kinds of affordability ratios that is tracked city by city. Mr. John commented that many of the actions the Council takes affects the cost of housing. He thought perhaps a group could be created to review the City's requirements for street frontage, depth, width and setbacks. He believed amending some of these requirements might help in relation to the affordability issues. Mr. John suggested that a Housing Affordability Study Group be appointed to reassess building requirements.
    Mayor Hindman believed there were other things that could be looked at as well that are affecting the cost of living in Columbia.
    Mr. Coffman asked if Mr. John was interested in whether housing is affordable for a particular income group or if he was talking about making housing across the entire spectrum more affordable. Mr. John said that HUD tracks housing affordability for first-time home buyers. He indicated that would be the particular group he would want to focus on.
    Mr. John spoke about Ms. Crayton's comments regarding some CDC homes that have been "sitting" for a long time. He noted the whole housing market has been sitting for a long time now, partially because the interest rates spiked up over 8.5%. Mr. John informed her that two of the houses are under contract right now, but have not closed yet. With current interest rates being closer to 7%, people who previously could not qualify for loans are able to now.
    Mr. Coffman made the motion that staff be directed to look at the residential parking permit program again and come back with a draft based on some other models that have been used. The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.
    Mr. Coffman asked about the budget billing and if there was anything new to report on it. He assumed if someone was having a great deal of difficulty paying their utility bills they could contact the City.
    Ms. Crayton relayed an incident reported to her by two older ladies in regards to prostitution occurring in the vicinity of Banks Avenue. She reported the ladies have asked that a representative from the City attend a meeting this Sunday at 4:00 p.m. at the Progressive Missionary Baptist Church to discuss the condition of the neighborhood.
    Mayor Hindman understood there was an effort going on among some of the neighborhoods to develop a nuisance ordinance. He thought part of the problem was due process.
    Mr. Boeckmann said if it has been determined that someone is committing a crime, the police can make an arrest.
    Mayor Hindman reported that the Justice Department has a program where they bring in specialists who know how to deal with these specific neighborhood issues. He suggested looking into that. Mayor Hindman explained these individuals will work with and train the neighborhoods as to how to work towards solving their problems. He indicated that he would forward this information to the City Manager.
    Waldo Palmer, 414 Alexander, presented Mr. Beck with a plaque.
    William Woodward, 200A Unity, spoke about the windfall franchise tax on utility bills being set aside to fund energy assistance programs. He said the Council should funnel these monies through the Health Department in order to distribute these monies to the working poor. Mr. Woodward also expressed concern about utilities being shut off for non-payment. He asked the City to assist in getting a bill passed that would make it illegal to shut off utilities from October 1 to March 1.
    Karl Skala, 5201 Gasconade, observed property owners will have as much influence, if not more, than a neighborhood association in regards to the initiation of an overlay district. Regarding the earlier lighting issue, Mr. Skala said the commercial lighting subcommittee submitted a draft proposal last June concerning the EEC report on proposed lighting regulations. This information was based on International Engineering Society of North America Guidelines. He indicated the proposal emphasized three things; safety, economy, and aesthetics. Mr. Skala noted that was what he was trying to stress during the earlier hearing pertaining to lighting for the proposed Fire Station.
    The meeting adjourned at 12:05 p.m.

                                                                                            Respectfully submitted,

                                                                                            Penny St. Romaine
                                                                                            City Clerk