M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
JANUARY 2, 2001
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Tuesday, January 2, 2001, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN and CRAYTON were present. The City Manager, City Counselor, City Clerk, and various Department Heads were also present.
 

APPROVAL OF MINUTES
    The minutes of the regular meeting of December 18, 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 C would be added under Reports and Petitions.
    Upon her request, Mr. Campbell made the motion that Mrs. Crockett be allowed to abstain from voting on B394-00 and B419-00. The motion was seconded by Mr. John and approved unanimously by voice vote.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Coffman and a second by Mr. John.
 

SPECIAL ITEMS
    None.
 

SCHEDULED PUBLIC COMMENTS
Urban Wussler - Deposit Law
    Urban Wussler, Bluff Boulevard, spoke about one of the principle flaws in the City's deposit law in that people are able to purchase cans and bottles outside the City limits containing Columbia identification, and these containers can be brought back into town for redemption. Mr. Wussler explained that his group has designed a 30 minute program that will be made available to civic clubs and neighborhood organizations pertaining to the complete history of Columbia's deposit law and the many reasons for repealing it.
 

PUBLIC HEARINGS
B394-00     Amending the Broadway Farms Business Park O-P Development Plan.
    The bill was read by the Clerk.
    Mr. Beck explained that this item had been tabled in order for the driveway access to Fairview and Broadway to be further addressed. He asked staff to explain the current situation.
    Mr. Dudark displayed a drawing on the overhead showing the location of the entrance on Fairview. He indicated there will be a notation on the plan that this entrance will be constructed as a right in/right out only driveway. He said the final design plan is being prepared now, but this stipulation would be in the ordinance if the Council were to grant the connection to the property where the Hy-Vee store is to the west.
    Mr. Dudark reported the second item related to restricted access on Broadway. He explained that the applicant has since provided staff with a corporate warranty deed between Hy-Vee and the Missouri Department of Transportation. He pointed out that MoDOT is satisfied with the deed provided that all of the access rights from Broadfield to Fairview are included in the legal description. The deed only included the large lot the Hy-Vee property is on.
    Mr. Patterson pointed out staff's primary concern related to the impact the total development will have on the residential areas. He reported that the developer had been asked to consider placing some traffic calming or controlling devices on Broadfield and Kunlun. Mr. Patterson stated that staff believed there are opportunities available to clearly delineate between the commercial and residential areas. He said that is really not a factor with the O-P plan, but a concern with regard to the development. Mr. Patterson remarked that if the developer does not try to discourage the commercial traffic from entering the residential neighborhoods, then the City would certainly have to.
    Mayor Hindman asked if staff was proposing to make that a requirement upon approval of the plan. Mr. Patterson thought it could be a condition of approval if the Council was inclined to do so.
    Mayor Hindman opened the public hearing.
    Arnold White, 3015 Appalachian, was concerned that this commercial development would create a five lane intersection at Fairview and Broadway. He reported that cars are often stacked waiting to turn off of Broadway onto Fairview. Mr. White believed the right in/right out being proposed would help, but the principle problem is that the exit is still very close to Broadway.
    Assuming the agreements are executed between Hy-Vee and MoDOT in terms of access on Broadway, Mr. Janku asked how cars coming west on Broadway would be able to enter the Hy-Vee Shopping Center. Mr. Patterson pointed out the multiple entrances that would be available. He believed any stacking on Broadway would be minimal at the intersection.
    Mr. Campbell asked about the possibility of a traffic light on the right turn, similar to what was done on Forum. Mr. Patterson replied that would be possible if it ever got to the point where it becomes a problem. He noted that MoDOT would have to approve any signalization in this area. Mr. Patterson stated because of the merge and yield lanes being created, staff did not think it would become a problem.
    Mr. John asked if the middle entrance into the shopping area was going to allow left turn movements in. Mr. Patterson said that was correct. He said it would allow for an unprotected left in as well as a right in for eastbound traffic.
    Mayor Hindman asked if the intersection of Broadfield/Park deVille and Broadway would have a traffic signal. Mr. Patterson said it would. Mayor Hindman observed if people were intimidated to make the unprotected left turn, they could go down one block further to the signal.
    Mayor Hindman reopened the public hearing.
    Bob Franklin, Wind River Court, explained that the Hy-Vee store will be located behind his property. He was concerned about the right in/right out on Broadway and Fairview. He expressed concerns about access points for the westbound traffic. He believed much of it would travel through his neighborhood.
    Mayor Hindman noted that if traffic calming devices are installed on Kunlun and Broadfield, it would be so undesirable people would not want to drive in those areas.
    Mr. Campbell said the concern was that because of the difficulty of going in through Broadfield, people will use Rollins to cut through to the west. He explained that is the reason traffic calming and other devices will need to be installed to discourage people from going through these neighborhoods.
    Jeff Markey, Director of site planning for Hy-Vee, reported they have agreed to add Lot 1B to the warranty deed. Regarding access off of Kunlun Drive, Mr. Markey said consumers would take the path of least resistence and the traffic coming from the west off Broadway would have three access points. He pointed out there are three access points from the parking lot directly onto Broadfield. He indicated that would be the most direct route with all three allowing for right turning movements out of the development to a signal at Broadfield and West Broadway. Mr. Markey stated that the Kunlun Drive access would be a circuitous route and he believed it very unlikely that people would backtrack that far to travel through a serpentine route to the south. He said as long as the Broadway/Broadfield operation is effective, that would be the route the westbound traffic would take.
    Mr. Campbell asked Mr. Markey if the applicant would pay for a traffic light at Broadfield and Broadway. Mr. Markey explained that they are currently working out a deal between the City and MoDOT. He remarked that this would be a possible joint agreement between the three commercial properties.
    Mr. Campbell asked about traffic calming devices on Kunlun and on Broadfield. Mr. Markey stated that Hy-Vee's traffic engineer did not believe that people would travel on Kunlun Drive. He noted City staff was considering the possibility of retaining their services to conduct a study of the overall area. Mr. Markey thought this was something out of the scope of Hy-Vee itself since this 16 acre tract has been zoned commercially for some time. Mr. Campbell thought there would be a lot of traffic turning south on Broadfield. Mr. Markey indicated that he had been talking about Kunlun Drive. Mr. Campbell asked about Broadfield. Mr. Markey said the traffic to the south was another issue they brought up with the traffic engineer, and at this point, he said there are no solutions that could be definitely tied to this development. In regards to the site plan for the O-P portion of the property, Mr. Markey reported revisions had been made to the parking layout based on Council comments. He emphasized that a bank is being proposed for this area, but he had no way of knowing whether that will actually occur. Mr. Markey summarized the revisions to be that parking for the proposed bank will be along Fairview to allow for a longer stacking distance. He noted that would provide for about 50 feet from Fairview into the parking lot itself before there are any turning movements.
    Mayor Hindman was concerned about how the City could ensure Hy-Vee's participation in the traffic signal at Broadfield. Mr. Markey understood the concern and indicated it would be tied to the final permit off Broadway, through MoDOT.
    Bill Moyes, 2730 Braemore, reiterated his traffic concerns on Fairview and Broadway.
    Pam Soshane, 202 Blue Sky Court, explained that she lives in the WestFair Condos behind the property in question. She stated that she was not opposed to the grocery store, but she was upset with the City for allowing the property to be zoned commercially in 1969. Regarding the roads off Kunlun Drive, Ms. Soshane explained that the WestFair Condos are immediately adjacent to the road. She expressed concern about the traffic that will be generated by the trash vehicles and semi-trucks that will be accessing the site. Ms. Soshane thought these vehicles would probably use the Kunlun exit.
    Mayor Hindman closed the public hearing.
    Mr. Campbell made the motion that B394-00 be amended by adding the language, "The construction of the drive onto Fairview Road shall be contingent upon an agreement between the City and the Developer to include traffic calming and other devices on Kunlun Drive and Broadfield Road." The motion was seconded by Ms. Crayton.
    Mr. Janku asked what the agreement would include. Mr. Campbell said it would include both traffic calming devices and probably dividers in the street which would serve to differentiate between the residential and commercial areas. He thought Mr. Patterson had said that could be done without much problem.
    Mr. Patterson said it would not be difficult to put them in, but he did not know that it would be easy to keep people from using the streets. He said staff has been working with representatives from the three neighborhoods in the area in regards to the extension of Rollins. Mr. Patterson reported that staff has done enough investigation to determine there are already problems in the neighborhoods. He thought the commercial developments being proposed will contribute to those problems. As part of the overall area traffic calming that will have to be done with Rollins, staff felt there are treatments that could be made at the entrances to residential areas that will discourage this traffic. Mr. Patterson summarized what some of those devices might be. He said traffic calmers will be helpful, but would not completely solve the problems.
    Mayor Hindman asked how extensive of a project would be imposed on the developer if the amendment passes. Mr. Patterson said they would hope to work with their traffic engineer to tie something into what the City is already planning to do to correct existing problems. He guessed probably $20,000 to $30,000.
    Mayor Hindman asked Mr. Campbell if he was proposing to put the full burden of the cost of these devices on the developer. Mr. Campbell verified that was his intent.
    Mr. John spoke about what would happen if the Council defeated this request, or if the developer decided not to proceed with the proposed entrance and left the bank site with its own entrances. He pointed out all of the traffic would have to go to Kunlun or Broadfield because there would be no other entrance except for the Broadway entrance. Mr. John thought it would actually be better to have this right in/right out as far as traffic within the neighborhoods than to have no entrance on Fairview Road. Mr. Beck indicated that Mr. John's assessment was correct. He spoke about the need for as much traffic control as possible.
    Mr. Patterson was hopeful he had not conveyed the feeling that this should be an "either-or" situation. He indicated that staff believed the applicant was doing the best they could with the constraints relating to the right in/right out. No matter who pays for it, Mr. Patterson reiterated the need for the traffic calming devices to provide some protection to the neighborhood.
    Mr. Campbell said his motion did not specify how payment was to be made. He knew staff had spent the past year working on the feasibility of establishing a connector on Rollins. He believed that how the City plans for this would be a major factor in the support or opposition of the development. Mr. Campbell felt the entire area should be considered as a package. If Rollins is extended, Mr. Campbell thought it would encourage cut through traffic unless a deterrent is provided for.
    Mayor Hindman agreed that traffic calming is needed in the neighborhoods, but he did not agree that the entire burden should be put on the development. He concurred with Mr. John in that the right in/right out and the entrance on Fairview is very beneficial to the City. He was hopeful something could be worked out with the developer wherein the City would be prepared to put in the traffic calming that was already planned, and then if there happens to be any additional need on those two streets by virtue of this project, that the subsequent improvements will be done at the cost of the developer. Mr. Campbell said there would be no need for traffic calming devices in this area if the development did not exist.
    Mr. Patterson indicated there is a need for traffic calming in the neighborhood, but not necessarily on Kunlun or Broadfield. He spoke about people speeding on Rollins to access Scott Boulevard, and some cut through traffic on Faurot Drive. He said staff is trying to address these problem areas in conjunction with the extension of Rollins. Mr. Campbell indicated with the motion he made previously, he would trust the staff to come back with a plan for it. He thought the development would want to be a good neighbor. Mayor Hindman commented that was why he was proposing some type of equitable division.
    Mr. John noted that the area directly to the west has been purchased and is being divided up into commercial lots. He noted three of the four corners of Broadfield and Broadway will be under development in the next year or so. To make this developer eliminate all other entrances onto Broadway, restrict them to a right in/right out, and then to expect the applicant to pay for all the traffic calming on Kunlun and Broadfield, Mr. John felt to be unfair. He said the right in/right out would not get them very much, and the light would probably be ten times as expensive as the traffic calming devices. Mr. John said cut through traffic is an existing problem on Kunlun as the 16 acres was zoned C-1 before there was any development in the area. In addition, the area behind it was zoned for high density residential because it was supposed to be a transition area, but it was sold off and lower density condos were constructed. Mr. John noted the right in/right out is a benefit that the City had asked for. He commented that now we are asking the developer for more.
    Mr. Janku wondered what the total cost for traffic calming devices on Kunlun and Broadfield would be. Mr. Patterson replied it would be somewhere in the range of $20,000-$30,000 for both locations. The other areas discussed previously would cost approximately $60,000-$70,000. The latter not being linked to this development, but with the Rollins extension.
    Mr. Campbell pointed out that Council policy during recent years has been to try to get the developer to pay as much of the infrastructure costs as possible. He said if this had been a C-P zoned area, there would be no question as to the cost.
    Mayor Hindman asked how Mr. Campbell's motion would provide for the cost of the traffic calming devices. Mr. Campbell responded it would include the cost of how it was to be shared or who was going to pay for it. He noted the City does not know what the costs will be at this point -- we only know a range of costs.
    Mr. John believed the Council would be voting on the developer paying 100% of the cost.
    Mayor Hindman made the motion to amend Mr. Campbell's motion to ask the City staff to work with the developer for planned traffic calming and to try to reach equitable cost sharing. Mr. Campbell said he would accept the friendly amendment to his motion.
    Mr. Boeckmann suggested restating the original motion. In terms of general directions to the staff, he felt that was understood.
    Mayor Hindman indicated he was concerned about passing an amendment that is conditional upon the developer paying for all the traffic calming. Mr. Boeckmann remembered the motion being silent on the payment. Mr. Campbell said that was correct, he had said contingent upon a plan being approved by the staff.
    Mr. Campbell amended his motion to say the City and the developer would equally share in the cost of the traffic calming devices. The motion was seconded by Mr. Coffman. Mr. Janku suggested a cap. It was decided the developer shall pay half the cost of the improvements with a cap not to exceed $15,000. Mr. Campbell and Mr. Coffman said they would accept that.
    Mr. Campbell wanted to assure the neighbors that the City will do whatever is necessary to ensure it is an effective working device.
    The motion to amend, made by Mr. Campbell, seconded by Mr. Coffman, was approved unanimously by voice vote.
    Mr. Campbell pointed out that the City has no choice about having an exit that close to the intersection because it was part of the plan that was approved many years ago. He said it is something the Council is trying to make the best of now.
    Mr. Janku noted that the 2025 plan deals with issues like this in relation to entrances into commercial areas. He did not think anyone was questioning the need for traffic calming in this area. Mr. Janku thought it was appropriate for the City to pay for a portion of the cost of these improvements as the decision to grant open zoning was made years ago.
    B394-00, as amended, was read with the vote recorded as follows: VOTING YES: JANKU, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSTAINING: CROCKETT. Bill declared enacted, reading as follows:
 

B417-00     Approving a revision to the Columbia Mall C-P Development Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this revision pertains to a new sign plan which would set limits on the size and height of replacement wall signs and free standing signs throughout the Columbia Mall property. No additional signs are being proposed. Mr. Beck noted Mall management agreed to meet the Planning and Zoning request to remove two of the existing signs prior to January 1, 2007.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Janku noted that the original staff recommendation was for the sign at the northwest corner of Bernadette and Stadium to come down within 90 days of passage of the ordinance. Mr. Dudark verified that was what the staff had recommended to the Planning and Zoning Commission.
    Mr. Janku made the motion that B417-00 be amended by adding staff's recommendation that the Bernadette and Stadium sign must come down within 90 days of passage of the ordinance. The motion was seconded by Mayor Hindman.
    Mr. Janku noted the Council had not made a special exception for the store owner who had requested a sign on Chapel Hill and Stadium. He said as the City has set standards for the placement and size of signs, these should be followed. Mr. Janku did not think the new Mall tenant in this case should necessarily have an advantage of a sign that other businesses in the community cannot have.
    Mr. John spoke about the discussion relating to how this sign had been permitted as an off premise sign. Looking at the drawing, he noted that Bernadette was obviously realigned and the property had been part of the premises to begin with, but now is across the street. Mr. John believed the City is asking the new store to have less than the others. He did not think that was the way to attract new business to town. Mr. John did not agree that the sign should have to be removed within 90 days.
    Mr. Janku noted City ordinance stipulates that signs are to be removed when a business goes out of service. When the theater closed, he thought the sign should have to come down as part of it.
    Mr. Campbell observed that the Mall will have more attractive signage as a result of this plan. He said as the sign in question is a monument sign, or a sign that could be changed, he did not see a problem with it. Mr. Janku thought the new tenant planned to reuse the old theater sign. He did not think they were replacing it with a new monument sign. Mr. Dudark confirmed that assessment -- the intent is to use that off premise sign for new businesses for the seven year period. Mr. Campbell indicated he was still not opposed to it as long as the one big animated sign would have to be removed. Mr. Dudark explained that the sign on Stadium is to be downsized within the seven year period.
    Mayor Hindman asked what the signage situation would be if a new shopping center was constructed at that location. Mr. Dudark replied as the property is zoned C-P, it would be negotiable. He explained staff would use C-3 standards as a point of departure. The point about the old theater sign is that because it is not located on the property, it is not permitted. However, since it exists, the Mall wants to keep it for the seven year period. Mr. Dudark explained it would be removed in 2007. Mr. Boeckmann thought the sign was actually on the premises, otherwise, why is the Council even considering its removal. Mr. Dudark noted that it is separated by the street. Mr. Boeckmann thought it had always been considered an on premise sign. If it is not, he said it is an illegal sign and should come down immediately. Mr. Dudark said there was some question as to how it got there.
    The motion to amend, made by Mr. Janku, seconded by Mayor Hindman, was approved by voice vote.
    B417-00, as amended, was given third reading with the vote recorded as follows: VOTING YES: JANKU, CAMPBELL, COFFMAN, HINDMAN, CRAYTON. VOTING NO: CROCKETT, JOHN. Bill declared enacted, reading as follows:
 

B418-00     Approving the Boone Hospital Medical park - Phase 3 O-P Development Plan.
    The bill was given second reading by the Clerk.
    Mayor Hindman noted that a request had been received to have this item tabled to the January 16, 2001, meeting.
    Mayor Hindman opened the public hearing.
    Mr. Campbell made the motion that B418-00 be tabled to the January 16, 2001, meeting. The motion was seconded by Mr. John and approved unanimously by voice vote.
    Mayor Hindman continued the public hearing to the January 16th meeting.
 

B419-00     Approving the Boone County Fire Protection District - Station 14 C-P Development Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that the Planning and Zoning Commission recommended approval of the plan on a 6-0 vote. He explained the Fire District intends to build a station at the corner of Vawter School Road and Scott's Boulevard.
    Mayor Hindman opened the public hearing.
    Bill Crockett, an engineer with offices at 2608 N. Stadium, spoke on behalf of the Boone County Fire Protection District. Mr. Crockett offered to answer any questions.
    Mayor Hindman closed the public hearing.
    B419-00 was given third reading with the vote recorded as follows: VOTING YES: JANKU, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSTAINING: CROCKETT. Bill declared enacted, reading as follows:
 

B420-00     Rezoning property located north and west of the northwest corner of North College Avenue and
                   Smith Street from R-3 to O-1.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the Planning and Zoning Commission recommended approval of this request on a 6-1 vote. The staff recommended O-P zoning for traffic control purposes.
    Mr. Dudark noted that the staff report indicated that the North Central Neighborhood Association had expressed opposition to the O-1 request. He reported that information was incorrect, they have taken a neutral position.
    Mayor Hindman opened the public hearing.
    David Rogers, an attorney with offices at 813 E. Walnut, spoke on behalf of the applicant, Mark Stephenson. He explained Mr. Stephenson's intention is to place a 14,000 square foot office building in this area bounded by Fay and Smith Streets and College Avenue. He noted there will be three drives providing ingress and egress. The building site is primarily zoned O-1 right now; however, Mr. Rogers indicated a portion of the parking lot is zoned R-3. He believed the project would revitalize the area neighborhoods in two ways. Firstly, the proposal calls for the demolition of two vacant older houses that had been used for illegal purposes. In addition, the office building would provide a significant number of jobs. Mr. Rogers thought it was important for the viability of these neighborhoods to have both living units and jobs. He said this would succeed in doing that. Mr. Rogers said the three drives would allow for one-third of the traffic going out onto College Avenue to pull forward rather than backing out into the street like they do now. He commented the immediate neighborhood supports this project.
    Mr. Coffman noted that the minutes had attributed a comment to Mr. Rogers relating to the applicant accepting restrictions on signage that would be applicable to an O-P zone. Mr. Rogers responded that one of the reasons staff preferred the O-P zone was because of signage restrictions. He confirmed the applicant is not concerned about such and would voluntarily agree to comply with these conditions because it is anticipated the only signage will consist of a simple office building sign. He reported the applicant does not intend to use nearly as much as what is allowed now.
    Mr. Coffman asked about the access issue and what the concern had been. Mr. Rogers thought staff had been concerned that an O-P zone would solve the problem of traffic exiting the site from backing out onto College Avenue. He said all traffic departing from the College drive will be directed forward.
    Mr. Janku asked if the applicant would need a permit from MoDOT for the College Avenue driveway. Mr. Rogers verified this was correct, but he did not think it would be a major problem because it is a matter of right.
    Jacob Gaylor, 1103 N. College, explained that he lives next door to one of the rundown houses. He supported the project.
    Carl McClelland, explained that his office is diagonally across the street from this property. He said the site in question is surrounded by office buildings and a commercial warehouse. He thought it seemed very logical to approve the rezoning and get as many of the old houses torn down as possible.
    Mayor Hindman closed the public hearing.
    B420-00 was given third reading with the vote recorded as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B425-00     Voluntary annexation of property located on the northeast corner of State Route WW and Rustic
                   Road; establishing permanent zoning.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this 19.6 acre tract is owned by the American Legion Post 202. He explained that the Legion has consented to have the property annexed subject to agreeable permanent zoning. He reported they have requested R-1 zoning for the area the City uses for athletic events, and C-P zoning for the area where their facility is located with C-1 uses. The Planning and Zoning Commission recommended that the uses be limited to assembly or lodge halls.
    Mr. John understood the request to be C-1 uses plus the lodge hall, which is a conditional use in C-1. Mr. Boeckmann replied that the ordinance reflects that.
    Mayor Hindman opened the public hearing.
    Elton Fay, an attorney with offices at 11 N. Fifth, spoke on behalf of the American Legion Post 202. Mr. Fay asked that the ordinance be approved as written so it would be consistent with the agreement signed between Post 202 and the City on September 19, 2000. Mr. Fay reported that the C-P request for Tract A, containing the assembly hall, would be continued to be used as it is currently with C-1 uses. He asked that the C-1 uses be allowed with the specific understanding that the agreement between the Legion and the City provides for a restrictive covenant. Mr. Fay passed out draft copies of the covenant which he said the American Legion Post 202 is prepared to sign. He called the Council's attention to Paragraph 14 of the agreement in which it was stipulated that if the proposed annexation ordinance does not place the remaining property in a C-P district with C-1 uses, then Post 202 may withdraw the annexation request. At that time, he said the agreement would become null and void. Mr. Fay remarked the Legion has worked with the City for about a year now to extend the sewer to the site to make this a permanent park in memory of the Legionnaires who purchased the property many years ago.
    Mayor Hindman asked if he understood there is an option for the City to purchase the one tract. Mr. Fay thought the lease went to 2024. Mayor Hindman asked if the City had first right of refusal. Mr. Fay responded affirmatively and added that the property would be appraised at the time and there would be an option for the City to purchase it. He said that one reason the agreement provided for the C-1 zoning because without those uses, the value of the property would be diminished.
    Mrs. Crockett asked if the restrictive covenant would go with the land forever. Mr. Fay replied that it did.
    Mr. John asked if both lots would be covered under the restrictive covenant. Mr. Boeckmann responded one lot would be the City's and one will belong to the Legion. They could enforce the covenant on each other.
    Karl Niewoehner, Chairman of the Board of Directors for American Legion Post 202, explained that in order for the Legion to sell property, a two-thirds vote is required. He reported in this case, the measure passed by one vote. He did not want to take it back to the members for another vote.
    Ralph Skelly, 7775 Gilmore Lane, Ashland, explained that he is the present Commander of Post 202. He asked the Council for a favorable vote.
    Mayor Hindman closed the public hearing.
    Mrs. Crockett thought the Council should honor the agreement that was signed in September. Mayor Hindman agreed.
    Mr. Campbell said the arrangement with the American Legion has been a good deal for the City all the way around. He also supported the request.
    Mayor Hindman thanked the American Legion for their work on this issue.
    B425-00 was given third reading with the vote recorded as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B437-00     Authorizing construction of water mains along Fairview Road and Worley Street.
    The bill was given second reading by the Clerk.
    Mr. Beck noted the estimated cost of this major project to be $150,000. Financing for it would come out of Water and Light funds. The project will consist of 1,650 feet of 12-inch line and 700 feet of 8-inch line to be constructed along Fairview, and about 1,100 feet of 12-inch line along Worley Street. The intention is to close some loops in this area to provide better fire protection and flow.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B437-00 was given third reading with the vote recorded as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

(A)     Purchase of six replacement paratransit buses and purchase and installation of fixed route passenger
          amenities.
    Item A was read by the Clerk.
    Mr. Patterson explained that this public hearing is required in order to obtain federal capital expenditure funds for this year. The capital outlay funding for 2001 consists of reimbursing the City for the purchase of four paratransit vehicles that were in the CIP last year, and for the replacement of the remaining two in this year's approved CIP. In addition to the replacement of the six paratransit vehicles, at a cost of approximately $100,000 each, Mr. Patterson explained the program will also provide for the additional installation of ten more passenger shelters and twenty more park benches for passengers. Part of the City's pedestrian accessability enhancements will also consist of providing ADA accessible areas to the current shelters where they do not currently meet requirements.
    Mr. Janku asked if there are plans to place trash receptacles near the benches. Mr. Patterson said there are receptacles at some of the benches, but not all.
    Mayor Hindman asked about mounting the actual schedule at each bus stop. He noted that he has heard many favorable comments about the shelters and benches, but he has also heard comments about people not knowing what the schedules are. Mr. John suggested something permanent like a placard. Mr. Patterson explained that staff has put up some pole-type schedules. He said they have also looked at something that could be permanently mounted inside a shelter with that particular shelter's route mapped out.
    Mrs. Crockett asked how many shelters there are. Mr. Patterson thought the City had about 30. Mrs. Crockett asked if the plan is still to propose so many per year. Mr. Patterson indicated that was correct.
    Mrs. Crayton commented that a lot of heavily used stops are in need of shelters.
    Mayor Hindman opened the public hearing.
    William Woodward, 200A Unity Drive, explained that the bus shelter on Maryland recently had been hit by an automobile. He suggested that it be repaired before the route started going both ways.
    Mayor Hindman closed the public hearing.
    Mr. Janku commented that he had received a letter from someone experiencing problems with the paratransit system because of the two tier service wherein riders outside a certain area can be bumped if a person in the primary area calls for service. He said the situation is particularly troublesome when there is a medical appointment involved. Mr. Janku realized this could not be addressed tonight, but suggested that staff obtain information for next year about what can be done to eliminate the second tier.
    Mr. Campbell made the motion that the City Manager be authorized to pursue the FTA grant funding. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
 

(B)     Construction of improvements made to Sanitary Sewer District No. 155, Marion Drive and Medavista
          Drive.
    Item B was read by the Clerk.
    Mayor Hindman explained a glitch in advertising had occurred and that a new ad would have to run before the public hearing could be held.
 

(C)     Voluntary annexation of property located north of Mexico Gravel Road, east of Benedict Road.
    Item C was read by the Clerk.
    Mr. Dudark explained that a request was received for a single family home on five acres of land to be annexed into the City so they can connect to the City sewer line.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing and noted that no action was required at this point.
 

(D)     Voluntary annexation of property located on the south side of Old Plank Road, across from Tessa Way.
    Item D was read by the Clerk.
    Mr. Beck noted that this approximate one acre tract is located in the south central area of the City. Again, sewer service is being requested.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing and explained that no action was required at this time.
 

OLD BUSINESS
B428-00     Establishing Sanitary Sewer District No. 152 along Spring Valley Road immediately south of West
                   Broadway.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this would establish a sewer district encompassing three lots. He said the present sewers were built a great number of years ago and are on a private common collector. He said the next step, if the Council approves this bill, is to set a public hearing to reconstruct sewer lines in this area.
    B428-00 was given third reading with the vote recorded as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B431-00     Amending Chapter 14 of the Code to prohibit parking on portions of Proctor Drive.
    The bill was given second reading by the Clerk.
    Mr. Patterson explained that parking along one lot would be removed at the corner. He said the public hearing had been held earlier, at which time the Council authorized preparation of the ordinance.
    B431-00 was given third reading with the vote recorded as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B433-00     Amending Chapter 22 of the Code relating to tax bills for sanitary sewer projects.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this would place a top limit on the amount of tax billing per residential unit at $5,000. If the land is subdivided at some point in the future, the remainder of the tax bill cost would become due.
    Mr. Patterson pointed out that this is consistent with the ordinance on undeveloped property with the exception that a single family house could be sold without imposing the additional tax bill. He said subdividing would trigger the remaining tax bill.
    B433-00 was given third reading with the vote recorded as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B434-00     Approving change orders to the contract with Phillips Grading & Construction, Inc. for construction
                   of Wetland Treatment Unit #4.
    The bill was given second reading by the Clerk.
    Mr. Patterson explained that the first three change orders pertain to the actual work. He summarized those to the Council. Mr. Patterson noted that the project remains well within the resolution estimate that was part of the 1997 bond issue.
    B434-00 was given third reading with the vote recorded as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B439-00     Authorizing a lease agreement with the Callaway County Tourism Board, Inc.; appropriating funds.
    The bill was given second reading by the Clerk.
    Lorah Steiner reminded the Council that part of the C&VB's Master Plan was to establish a visitor information distribution point on I-70. Before they were able to implement that, she explained that the Callaway Visitors Commission began work on building a similar structure at the intersection of I-70 and 54. Because it is only 19 miles outside of Columbia, and as the cost to rent the space would be far less than what the City would have to expend for building, staffing, and operating a center in Columbia, a decision was made by the Board in conjunction with the local hotels to go ahead and secure space in that center. Ms. Steiner indicated the City would also be allowed to sell space within our space to other people in the market. She said that will allow us to recoup some of our investment.
    B439-00 was given third reading with the vote recorded as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. 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.

B421-00     Approving the final plat of Columbia Recreation Center.
B422-00     Approving the final plat of Alsberge Subdivision; authorizing a performance contract.
B423-00     Approving the final plat of Thornbrook, Plat No. 6; authorizing a performance contract.
B424-00     Changing the street name "Heriford Drive" to "Heriford Road" within West Vandiver Industrial
                   Park, Plat 1.
B426-00     Authorizing a right of use agreement with Boone County Regional Sewer District to install sewer line
                   along Lake of the Woods Recreation Area.
B427-00     Authorizing an agreement with the Missouri Department of Public Safety for a Delinquency and
                   Youth Violence Prevention Program Grant; appropriating funds.
B429-00     Authorizing acquisition of easements for the construction of the 80-acre point sewer serving Evergreen
                   Acres Subdivision.
B430-00     Amending Chapter 14 of the Code to establish speed limits at Columbia Regional Airport.
B432-00     Amending Chapter 22 of the Code relating to sanitary sewer use.
B435-00     Approving the engineer's final report; accepting a deed of dedication; authorizing payment of
                   differential costs for water main construction serving Spring Creek, Plat 1.
B436-00     Accepting easements for utility purposes.
B438-00     Levying and assessing tax for abatement of a weed nuisance for property located at 1905 Newton
                   Drive.
R1-01         Setting a public hearing: granting a 20-year telecommunications franchise to Adelphia Business
                   Solutions Operations, Inc.
R2-01         Setting a public hearing: construction of improvements at the Columbia Sanitary Landfill.
R3-01         Setting a public hearing: construction of athletic field lighting for the Douglass Park
                   baseball/softball field.
R4-01         Setting a public hearing: construction of tennis courts at Gentry Middle School and Cosmo-Bethel
                   Park.

    The bills were given third reading and the resolutions were read with the vote recorded as follows: VOTING YES: JANKU, CROCKETT (except B423-00 on which she abstained), CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bills declared enacted and resolutions declared adopted, reading as follows:
 

NEW BUSINESS
R5-01     Authorizing transmission service agreements with American Transmission Company.
    The resolution was read by the Clerk.
    Mr. Beck explained that this is one of three transmission agreements on the agenda.
    Mr. Malon explained that all of the agreements are standard transmission tariffs that are filed with the Federal Energy Regulatory Commission. He reported that the City is part of the Mid-American Interconnected Network and they have a reserve program where if one of the control areas loses a unit and cannot cover it, they can call for callable reserves. He indicated the City would have to provide our share. Mr. Malon said there is no obligation on the part of the City to use these and the only time we would pay anything would be if we actually use them.
    The vote on R5-01 was recorded as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R6-01     Authorizing a transmission service agreement with Illinois Power Company.
R7-01     Authorizing transmission service agreements with Commonwealth Edison Company.
    The resolutions were read by the Clerk.
    Mayor Hindman noted that these resolutions related to Mr. Malon's comments with the previous legislation.
    Comments were called for with none received.
    The vote on R6-01 was recorded as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
    The vote on R7-01 was recorded as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. 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:

B1-01     Calling a special election to consider whether a 20-year franchise should be granted to Adelphia
               Business Solutions Operations, Inc.
B2-01     Calling a special election to consider amendments to the Charter that would bring the Charter into
               compliance with state election laws and modify the section on nominating petitions.
B3-01     Calling a special election to amend the Charter to provide that the public improvement and special
               assessment process be established by general ordinances.
B4-01     Calling a special election to amend the Charter to eliminate the requirement of voter approval for
               public utility franchises.
B5-01     Calling a municipal election to elect a Mayor and Council Members for Wards 3 and 4.
B6-01     Vacating a portion of a water utility easement located on the Boone Retirement Center property.
B7-01     Voluntary annexation of property located north of Mexico Gravel Road, east of Benedict Road.
B8-01     Voluntary annexation of property located on the south side of Old Plank Road, across from Tessa Way.
B9-01     Calling for bids for construction of improvements at the Columbia Sanitary Landfill.
B10-01   Authorizing agreements with The Curators of the University of Missouri and James R. Davis in
               connection with the EPA Clean Water Act-Storm Water Regulations; appropriating funds.
 B11-01  Accepting $10,000 from the Mineral Area College for hiring a graduate of the Missouri Police Corps
               Academy; appropriating funds.
 B12-01  Accepting a Local Law Enforcement Block Grant; appropriating funds.
 B13-01  Authorizing construction of athletic field lighting for the Douglass Park baseball/softball field.
 B14-01  Authorizing an agreement with the Columbia Public School District; calling for bids for the construction
              of tennis courts at Gentry Middle School and Cosmo-Bethel Park; appropriating funds.
B15-01  Authorizing a transfer agreement with Consolidated Public Water Supply District No. 1 to provide service
              to Paradise Hills Estates Subdivision.
B16-01  Authorizing a fiber optic service agreement with the Board of Trustees of Boone County Hospital to allow
              connection to the City's fiber optic cable system.
B17-01  Accepting grant of easement for electric utility purposes.
B18-01  Granting a 20-year telecommunications franchise to Adelphia Business Solutions Operations, Inc.
B19-01  Amending Chapter 11 of the Code as it relates to food service; adopting the City of Columbia Food Code.
 

REPORTS AND PETITIONS
(A)     501(c)(3) Organization
    Mr. Beck explained that when the City Trust was established, it was not set-up for 501(c)(3) type organizations. Mr. Beck reported some foundations do not provide gifts other than those set up as 501(c)(3) organizations. This would give the City a better opportunity to work on those areas, particularly now that contributions are being sought for add alternatives for the Community Recreation Center.
    Mr. Janku spoke in support of the City having its own trust fund, but he was hopeful we could also develop something called a community foundation. He said this type of foundation would benefit other organizations within the community as well as the City.
    Mayor Hindman agreed and was pleased the City was moving forward with this program. He felt the City is missing something by not having an aggressive enough donation campaign. Mayor Hindman believed staff should explore other successful programs in order to ensure Columbia is a donor friendly community.
    Mr. Campbell explained that Chancellor Wallace was supportive of his staff meeting with City representatives to explain how the University operates their program.
    Mr. Campbell made the motion that the staff be directed to draft legislation and prepare the proper documents to create a 501(c)(3) organization. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

(B)     I-70 Stakeholders Committee Report
    Mr. Beck noted that the Committee had indicated their willingness to meet with the Council at any time to discuss the report. He stated the Council spoke earlier about working with the City's Transportation Plan to prioritize some of roads. He suggested the Council could perhaps discuss this issue on the same evening they talk about prioritizing future roadway projects wherein we would be in partnership with the state and possibly with some of the county projects.
    Mayor Hindman thought a work session would be the ideal time to deal with it. He was sure the Council would like to have at least the leaders of the Stakeholders Committee talk to them. On behalf of the Council, Mayor Hindman thanked the committee for their hard work on this project.
 

(C)     Airport Planning
    Mr. Beck explained that to initiate this process, the Advisory Board recommended that a working committee comprised of staff from three entities, the City of Columbia, the County of Boone, and the City of Ashland be formed. He passed out the committee's recommended suggestions for proceeding. The staff team would gather and analyze information, prepare plans and policy recommendations for consideration, and draft a preliminary and final report. The group recommended the formation of an advisory committee to be appointed by the three governing bodies. Mr. Beck suggested the Council might want to determine this evening how to make those appointments.
    Regarding background information, Mr. Janku thought they would probably need to include the federal restrictions that would come into play. Mr. Janku asked when the Council would become involved in the Airport Master Plan. Mr. Patterson said staff has been working on getting segments of it together and he thought they were very close to being ready to make a presentation to the Council.
    Mr. Campbell made the motion that the Mayor be authorized to appoint representatives to the appropriate board or boards. The motion was seconded by Mr. John and approved unanimously by voice vote.
    Mayor Hindman commented that he would welcome suggestions any other members of the Council may have.
 

BOARDS AND COMMISSIONS
    None.
 

COMMENTS OF COUNCIL, STAFF, AND PUBLIC
    Mr. Campbell commented that he had watched portions of a rerun of a Council meeting in Springfield. He noted that the date of the meeting ran continuously across the bottom of the screen so that when it is replayed, viewers were able to immediately identify the date of the meeting. He thought it would be helpful for us to follow that practice as well.
    Regarding the deposit ordinance, Mr. Campbell believed it was past time to address this issue. He remarked when the ordinance was initially passed, the way soft drinks were sold was very different from the way they are today. He said now there are dozens of vending machines that do not collect deposits, and convenience stores have become a primary outlet for soft drinks as well and they do not collect deposits. Proportionately, however, grocery stores carry a very small portion of the sales. Mr. Campbell reported the kinds of drinks being sold are also very different from when the ordinance was passed -- there are a variety of waters, ice teas and juices and none of these are covered by the deposit ordinance. He stated a very large portion of soft drinks are sold in paper cups, either through fast food establishments or convenience stores. Mr. Campbell's final point was that the nickel deposit is currently not quite worth two cents. He noted that the suggestion had been made to increase the deposit to a dime. He thought it would have to be increased to about 13 cents to equate it with what the nickel was worth when the ordinance was initially passed. Mr. Campbell believed the deposit would probably have to be increased to about 15-20 cents in order to get ahead of the game. He did not think a dime would have much of an impact on the people that are consuming the large proportion of the drinks. Mr. Campbell commented that the days of University students taking their cans with them to return for deposit has long past. Now the students look for the nearest trash container. In addition, many offices no longer have boxes to collect cans -- people just throw them in the trash.
    Mr. Campbell thought the ordinance once serve a good purpose, but now the City needs to look to different alternatives or to major revisions of the ordinance. He suggested one alternative was to put together a working committee of environmentalists, soft drink people, and others to come back within a set period of time with a recommendation.
    Mr. John remarked that many citizens have expressed concerns pertaining to traffic related offenses, i.e., speeding, red light running, etc He indicated his budget priority this year will be to emphasize traffic enforcement and the hiring of additional personnel for the Police Department. Mr. John reported that he would start with traffic, but he also has concerns about personal and public safety on downtown streets as well.
    Regarding his earlier comments regarding paratransit and the two tier program, Mr. Janku said he would like to see the costs for implementing a citywide single tier service. He asked for this information before the budget process begins.
    Mr. Janku thanked all of the public employees who have been out working in the cold weather. Mayor Hindman reported that he received several favorable comments concerning the way the City has handled the clearing of snow from the streets. He noted it takes dedicated employees to handle the job properly.
    Mayor Hindman believed that the First Night event had been a major success and the number of people volunteering and participating in two degree temperatures was remarkable. He commented there was a tremendous amount of volunteer effort put into the program. Mayor Hindman noted that the Parks and Recreation staff were instrumental in the success of the event.
    The meeting adjourned at 9:50 p.m.
 
                                                                                                Respectfully submitted,
 
                                                                                                 Penny St. Romaine
                                                                                                 City Clerk