M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
MARCH 5, 2001
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, March 5, 2001, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council members COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, and JOHN were present. The City Manager, City Counselor, City Clerk, and various Department Heads were also present.
 

APPROVAL OF MINUTES
    The minutes of the regular meeting of February 19, 2001, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mr. Janku.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Upon her request, Mr. Janku made the motion that Mrs. Crockett be allowed to abstain from voting on B72-01. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    The agenda, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Ms. Crayton.
 

SPECIAL ITEMS
1.     Columbia Fire Department Honor Guard Presentation.
    Mayor Hindman explained that the Fire Department Honor Guard had been awarded first place in a national competition over the weekend. He noted the Guard has been awarded first place in five years out of seven.
    Mr. Beck listed several events in which the Guard participates. He commented that they do a great job in representing the community.
    Chief Markgraf introduced members of the Honor Guard. Mayor Hindman and Mr. Beck were presented the first place trophy by Engineer John Wood, head of the Guard. Mr. Wood thanked the Council and the citizens of Columbia for their support.
 

2. American Legion Presentation.
    Karl Niewoehner, Chief of the Board of Directors of American Legion Post 202, introduced the present Commander, Ralph Skelly and past Commander, John Cunningham. Mr. Niewoehner listed the accomplishments of the group and reviewed the projects they participate in each year. He stated the Legion has had a very good working relationship with the City of Columbia for the past 30 years. He explained that the Legion feels this property should remain with the City for the benefit of the young people of Columbia. Mr. Niewoehner turned over a ceremonial deed to Mayor Hindman for 17 acres of land to be known as American Legion Post 202 Public Park.
    Mr. Skelly pledged he would do everything he could to see that the Legion remains good neighbors.
    Mr. Beck pointed out that this area, soon to be in the City limits, would be sewered by the City. He extended his thanks and appreciation to the American Legion that this arrangement had been worked out.
 

SCHEDULED PUBLIC COMMENTS
    None.
 

PUBLIC HEARINGS
B41-01     Amending Chapter 29 of the City Code relating to parking and screening requirements.
    The bill was read by the Clerk.
    Mr. Beck explained the recommended changes pertaining to minimum parking and screening requirements.
    Mr. Campbell noted that the Council had received specific responses to questions raised at the last meeting.
    Mayor Hindman reopened the public hearing.
    Bruce Beckett, an attorney with offices at 901 E. Broadway, spoke on behalf of Macher Properties, LLC. He explained that entity to be the owner of Macher Aquatic Center on Chinaberry. Mr. Beckett reported that Macher Properties supports adoption of the ordinance. He noted that the issue had been tabled at the last meeting due to objections of neighboring property owners. Mr. Beckett stated it is realized that the decision as to whether this particular ordinance should be adopted would affect other similar types of facilities in Columbia. He pointed out that City staff has also taken into consideration similar ordinances in other college towns, mostly in the Midwest, but also Florida. Mr. Beckett remarked that those in opposition to the proposed ordinance have had since January to review and discuss the amendments. He thought the proposal to be a logical and reasonable approach to clarifying an ordinance which has proven to be difficult to interpret and apply in any specific situation. He urged adoption of the amendments.
    Mr. Beckett explained that Macher Properties desires to further develop the tract on Chinaberry by adding an indoor swimming facility at that location, as well as two 4,000 square foot condominium pads adjacent to the indoor facility for office use or a commercial service facility. The indoor swimming facility would have approximately 5,300 square feet of pool surface area. He added there would be aerobic and weight training facilities in the building consisting of approximately 1,300 square feet, offices of approximately 900 square feet, a day care center of about 150 square feet, and anywhere from 1,500 to 2,000 square feet of locker room, restroom, and shower areas. Mr. Beckett indicated that it is anticipated that this new indoor facility, when coupled with its existing outdoor facility, would require 110 or 112 parking spaces. He said that is without the 20% reduction that might be attributable to one of the pools if its primary use is established for therapy or training. He anticipated that one of the indoor pools, but not both, might qualify for such a classification. Mr. Beckett noted it would only result in a very small reduction in the number of required parking spaces - three at the minimum and five at the maximum. When this parking is coupled with that required for the two 4,000 square foot condominium pads, he said it is estimated that there would be 150 to 152 spaces required on the facility. He believed that number is adequate for purposes of the development. Mr. Beckett pointed out that the City's recreation center has only one parking space for every 300 square feet. He said that is substantially less than what would be required of Macher Aquatic Center if the ordinance is adopted. He observed that the 110 -112 required parking spaces would be more than any other facility in Columbia of a similar nature.
    Mr. Coffman asked Mr. Beckett if he had calculated what parking would be required under the current ordinance. Mr. Beckett said what is required under the current ordinance is up in the air and that was one of the reasons this ordinance is under discussion. He explained that currently the facility contains a 6,740 square foot pool, a 1,200 square foot building, but arguably 1,800 square feet because there is an attic with a furnace in it, the official interpretation of the old ordinance was that only 18 spaces would be required. He said there are 42 spaces, which he felt was a happy medium. The difference in parking in this situation would roughly be about 40 spaces.
    Regarding the landscaping requirement, Mr. Beckett reported it is also believed that this issue needs clarification and the proposed amendments do this.
    Skip Walther, an attorney with offices at 700 Cherry, spoke on behalf of Mr. and Mrs. Larry Benton, residents living adjacent to Ms. Macher's facility. He indicated the need for revisions given the ambiguity of the existing ordinance. His concern was that the information staff had been supplied with had come from essentially one source -- Macher Swim School. Although it may not be true, Mr. Walther said it appeared to his client and a number of residents that the ordinance was tailored to satisfy her interests and her interests alone. He pointed out that more public input could be obtained by sending the issue back to the Planning and Zoning Commission for further discussion.
    Terry Reams, 2905 Chinaberry, explained that he and his wife reside at the property immediately adjacent to the Macher facility. He thought the proposed language by Ms. Macher was too vague and that the time she allotted to training and therapy versus recreational activities was likely to change over time. Mr. Reams believed it would be difficult to enforce the proposed language. He asked that more consideration be given to the landscape screening between their property and the Macher facility. He reported his home is approximately 30 feet from the Macher property. Mr. Reams commented that lighting and noise issues have prevented them from using their screened-in porch.
    Mrs. Crockett asked Mr. Reams what he expected would be developed on the commercial tract when he purchased his home. Mr. Reams responded that the real estate agent had led them to believe it could be something like a doctor's office or something of a similar nature that would not generate a lot of traffic.
    Rebecca Weatherspoon, 2504 Lacewood, disagreed with any less parking for outdoor or indoor pools than one space per 100 square feet of surface area. To allow a commercial swimming pool owner the opportunity to decrease required parking based on training or therapy usage would be a troublesome precedent. She wondered what would happen if the owner decreased usage for the stated purposes yet had developed all of the land. In addition, Ms. Weatherspoon asked who would monitor that the pool was being used for training and therapy. She suggested that the screening requirements include a stipulation to increase such if the business driveway runs along the homeowner's property. If the ordinance is amended as proposed, she thought that some of the security residents currently have would be removed. Ms. Weatherspoon stated that she is not against commercial businesses being located in subdivisions. However, her concern is for those business owners who may try to slide by with the bare minimum. She asked the neighbors in support of her views to stand. Approximately two dozen people stood.
    William Patterson, 1704 Princeton, spoke in favor of the proposed amendments. As Columbia grows, he would prefer that resources are used responsibly. He thought the Council's role is to weigh the two competing issues; the safety of people who use outdoor pools or recreational facilities, and that adequate parking be provided without excess pavement. He spoke about the loss of green space if the parking requirements are increased any further. Mr. Patterson believed the proposal addressed those issues and had been well thought-out.
    Jim Sholes, 116 Park Hill, spoke in favor of the amendments. He expounded on how the proposed revisions would apply to current facilities. Mr. Sholes figured about a 20% difference between the current code and what is being proposed.
    Shaum Gupta, 2316 Deer Creek, spoke in opposition to the amendment. His main concern was that of safety.
    Charlie Blackmore, 2312 Deer Creek, asked that the Council look more closely at the proposed changes to make sure it is the right thing. He was also concerned about the safety issue.
    Susan Kliebacher, 2500 Black Cherry, spoke as a mother of three children. Her concern was also safety. She noted that her family belonged to the Macher outdoor facility last summer and that they have already joined for this coming summer because it is a safe place for her family to be. Because of her concern for her family, Ms. Kliebacher was not sure the City could afford to be liberal when it comes to parking requirements.
    Hardeep Bhullar, 2513 Black Cherry, reminded the Council that implications of an ordinance such as this are long-lasting. He believed further review was needed.
    Orrin Murray, 2712 Lacewood, spoke of his concern relating to the potential for further development of this area. He thought the full impact of other developments, such as Boone Retirement Center, should be considered. Mr. Murray asked that adequate green space be maintained.
    Darren Loup, 2100 Creasy Springs, spoke in favor of the proposed ordinance. He felt the ordinance was well-written and thought-out. He also spoke of his support for saving green spaces.
    Joanne Macher, owner of Macher Properties, LLC at 3015 Chinaberry, explained that her understanding of the landscape ordinance is that anything that is paved within 50 feet of residential property needs to be landscaped with 80% opacity. She noted her facility is over 100 feet from the closest residential property line. When additional buildings are constructed on the lot, proper landscaping will be provided for. Ms. Macher reported that she did not write the ordinance in question, but she did have opportunity for input as did anyone else in the community. She admitted that Macher Aquatic Center did have vehicles parked on the dirt during the time of the grand opening, and maybe a few days after that because they wanted to make sure there was plenty of parking for their customers. Ms. Macher said they found that to be unnecessary. She indicated that other facilities in town have overflow parking at times. Ms. Macher pointed out that she is also concerned about safety and added that she has sponsored a Drowning Prevention Day and Water Safety Day since 1997 as a community service. She explained that she is not satisfied with the amount of parking for the indoor facility that she currently leases, and that is one of the reasons she is interested in developing such on the Chinaberry property.
    Larry Benton, 2900 Chinaberry, commented that most property owners in the area realized Ms. Macher's tract was zoned C-3 when they bought their property. He said the ordinances they are opposing have been misinterpreted for a good many years. In his opinion, the parking and screening at the Macher Aquatic Center is inadequate.
    Priscilla LeMone, 2404 Wild Oak, spoke in opposition to the proposed ordinance.
    Mayor Hindman closed the public hearing.
    Mr. Campbell asked how parking would be determined for facilities where a portion of the pool would be used for therapy or other such uses. Mr. Dudark replied there would be two options: either the design of the facility would have to be such that it could be the only real use of the space; or the equivalent number of spaces would have to be set aside in green space to be converted to parking spaces when and if the programing changed. When calculating the amount of parking in the proposed ordinance, Mr. Campbell asked what the experience had been in other communities. Mr. Dudark said they found a wide variety of standards from one space for every 40 square feet of pool surface area up to one space per 200 square feet. He commented that unfortunately, there is no real science to it. This proposal is based on each facility's features -- not one size fits all. Mr. Dudark explained that the amended ordinance would establish a base number and parking would be adjusted upward based on the unique features of the facility. He thought that to be a rational basis for parking whereas one flat number would produce inequities in different designs. Mr. Campbell questioned whether some of the amenities being targeted in the ordinance are relatively new and guidelines found in other communities might not have taken these into account. Mr. Dudark replied that was definitely the case when considering the escalation in number of aquatic parks over the last five to ten years. He reported many of the facilities have water slides, zero entry pools, and other various attractions that draw higher crowds. If those things are not taken into account and only a base number is used, that would result in inadequate parking.
    Mr. Janku asked if the 20% reduction for therapy or training applies to the square footage of the water surface area. Mr. Dudark confirmed that to be correct as it would be a dedicated feature.
    Mayor Hindman asked about the enforcement mechanism for parking should the use change. Mr. Dudark thought that could be done be a zoning violation notice or by having a periodic report from the owner verifying that particular programing continues to exist. He reported that if the use changed, additional parking would have to be provided within so many days. If that did not happen, there would be a citation and then it would be a Municipal Court matter.
    Mr. Janku asked how the formula for figuring the amount of parking would be initiated. Mr. Dudark responded they would look at the layout plan itself; the pool, aerobics room, weight room and then apply the formula to it. Any amenities would add to that base number. Mr. Dudark explained the amount of parking would be based on the classification of the space in the building itself.
    Mr. Coffman made the motion that the ordinance be sent back to Planning and Zoning in order to solicit more input. His motion died for lack of a second.
    Mr. John agreed that both the building size and its related activities should determine the amount of parking. He pointed out this proposal has gone through several review processes.
    Mr. Janku noted that the public review process had been fairly extensive and the Planning and Zoning Commission had spent a lot of time on it. He had concerns about the reduction in parking for training and therapy, but since it would be figured on only 20% of the water surface area, he did not think there would be much impact. Mr. Janku commented that the outdoor pool would get its peak summer use at a time the indoor pool would not be heavily used and visa versa. In reality, he thought the parking would balance out.
    Mr. Campbell pointed that the Council is dealing with two issues tonight; the Macher facility and the fact that this ordinance will be used to establish parking for all other future water facilities. He remarked that oftentimes those two things get mixed up and it becomes difficult to separate one from the other. Mr. Campbell indicated it is not desirable to have an open C-3 zone next to a residential area, and it is certainly not something the Council would support now. Regarding water facilities, he spoke about how each could be unique in its own right and the amount of traffic that would be generated by such. Mr. Campbell thought there was a need to have a flexible system. In recent months, he noted that people have spoken to the Council about storm water run-off from parking lots. He said that might be a good reason to keep the parking area to a minimum, even though parking may be needed on the grass occasionally, rather than having a lot of run-off from the paved surface.
    Mr. Coffman proposed amending the parking standard for outdoor pools from 150 to 125 feet and indoor pools from 200 feet to 150 feet.
    Mr. John asked how many spaces that would add for the outdoor pool. Mr. Coffman said the intent was to compromise to where the difference could be split.
    Mr. Campbell commented the proposed ordinance would affect all future pools. He said the Council should not look to tailor it to one particular facility.
    Mr. Coffman made the motion that B41-01 be amended from one parking space for every 150 square feet for outdoor pools to125 square feet, and the similar provision for the indoor pools from one parking space for each 200 square feet to read 150 square feet. The motion was seconded by Mr. Janku and failed by voice vote.
    Mrs. Crockett thought a swimming pool is much better than a lot of other things that could have been developed on C-3 property.
    B41-01 was read with the vote recorded as follows: VOTING YES: HINDMAN, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: COFFMAN, CRAYTON. Bill declared enacted, reading as follows:
 

B62-01     Authorizing payment of differential costs for water main improvements in RTW Addition, Plat 1 to Lote
                 Development.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this project would consist of about 950 feet of 8-inch water main. The estimated differential cost to the City is $3,507 which will be paid out of Water & Light funds.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B62-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B66-01     Authorizing a sewer extension near Brown Station Road at the Rheochem Plant for the Ameren
                 Columbia Energy Center; appropriating funds.
    The bill was given second reading by the Clerk.
    Being proposed is a 1,400 foot long sanitary sewer that would serve the Columbia Energy Center, the new facility being built just west of the City landfill. The estimated cost of the project is $69,300. Mr. Beck indicated this line would also serve the buildings to be constructed at the landfill in the near future.
    Mr. John asked if this work was anticipated when the project began. Mr. Malon replied it was. He reported the facility being planned by Ameren would not necessarily be a manned site, but they wanted to have a building there to house spare parts, which would also contain a small office and restroom.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B66-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B67-01     Authorizing construction of 8-inch water main to serve Tribune Publishing Company; authorizing
                 payment of differential costs.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the City would pay the differential cost estimated at $2,179 for a 355 foot long water line.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B67-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B68-01     Authorizing construction of 12-inch water main for Spring Creek, Plat 2; authorizing payment.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this project involves 1,700 feet of 12-inch line. The estimated cost to be paid out of Water & Light funds is $16,813.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B68-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B71-01     Rezoning on east side of Providence outer roadway south of Nifong Boulevard from C-1 to C-P and
                 approval of the C-P development plan.
    The bill was given second reading by the Clerk.
    Mr. Beck pointed out that both staff and the Planning and Zoning Commission recommended approval with two conditions. The first condition is that only one rental vehicle for display purposes would be allowed on the westernmost 250 feet of the property, with the remainder of the vehicles being parked on the east side of the property. The other condition related to lighting standards and avoidance of glare and spillover.
    Mayor Hindman opened the public hearing.
    Harriet Francis, an attorney with offices at 1103 E. Broadway, spoke on behalf of Storage-Mart Properties. In order to initiate rental truck activities, she explained the applicant had to apply for a conditional use permit or rezone the property to C-P. Ms. Francis reported the applicant has requested a rental truck activity use be permitted as well as all other C-1 uses.
    Chris Burnam, a developer with offices on Range Line Road, displayed a drawing of the superstore. He said the purpose of this venture is to try to evolve storage into more of a retail concept.
    Mayor Hindman closed the public hearing.
    B71-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B72-01     Placing property on north side of Stadium Boulevard, west of Blackfoot Road in district MU.
    The bill was given second reading by the Clerk.
    Mr. Beck pointed out that this would be the first overlay district to provide underground storage in Columbia. An overhead was displayed depicting the 172 acre tract. Approval was recommended by both staff and the Planning and Zoning Commission.
    Mayor Hindman opened the public hearing.
    Larry Moore, CEO of Con-Agg, with offices at 2604 Stadium Boulevard North, displayed an aerial photo. He pointed out the area where the quarry activity is taking place and the area where the underground storage facility will be beneath the surface. He said the space will be developed as a second industrial use within the property. Mr. Moore noted that there many of these kinds of facilities around the country. The architects being used to design the facility are from the firm that designed the Springfield underground areas. He reported it will contain about 1.3 million square feet of underground storage. That figure includes the roadways, truck docks, etc.
    Mr. Campbell asked about the time line for completion. Mr. Moore said Con-Agg hopes to have their first underground tenant in within a year. Regarding Blackfoot Road, Mr. Moore indicated they have agreed to work with the City in dedicating the right-of-way and other related issues when the timing in regards to its construction is imminent.
    Mr. Janku asked about the fire code issues. Mr. Moore said there are extensive life safety issues which pertains to fire codes and those sorts of issues. He noted Con-Agg has been working closely with all facets of City staff who have reviewed the site plan and found it to be appropriate.
    Mr. John asked if there was potential for further expansion. Mr. Moore replied that they do not anticipate expanding the facility in this particular area. At some point in the future Con-Agg may mine underground again and create additional warehouse space if a need for it has been determined.
    William Woodward, 200A Unity, asked about the bridge crossing Bear Creek. He thought that the trucks had damaged the bridge over the years and asked who would bring it back up to standards. Mr. Patterson responded that he was not aware of any structural damage to the bridge. He remarked the bridge has to be replaced simply because of the flood plain and other topographic characteristics, as well as the traffic volume expected on it.
    Mayor Hindman closed the public hearing.
    B72-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CAMPBELL, JOHN. VOTING NO: NO ONE. ABSTAINING: CROCKETT. Bill declared enacted, reading as follows:
 

B74-01     Amending Chapter 29 of the Code to define a "Temporary Shelter" and determine the district in which
                 such uses shall be allowed.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that approval of the amendment was recommended by staff and the Planning and Zoning Commission. This was initiated due to the proposed expansion of the Salvation Army facility.
    Mr. Dudark reported that the Commission has had several work sessions on this issue as well as two public hearings. He said there has been substantial public input in drafting the definition of a temporary shelter to provide for people who are without adequate housing or permanent housing. The other two amendments relate to including temporary shelters as a conditional use in R-3 and R-4 zoning districts, and a list of criteria the shelters would be subject to.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. John asked about standards as far as occupancy within the building. Mr. Dudark said that is primarily determined by the Building Code which classifies a building for so many people per square footage.
    B74-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

R47-01     Approving FY 2000 CDBG & HOME Performance Report.
    The resolution was read by the Clerk.
    Mr. Beck noted that an earlier hearing was held on the future use of Community Development Block Grant and HOME funds. This report identifies the accomplishments relating to the use of those funds within the last year. Mr. Beck listed those accomplishments as follows: rehabilitation of 18 owner-occupied homes, 13 home ownership assistance grants, 3 affordable homes were constructed, and 18 affordable rental units for the elderly and disabled were constructed. He noted that the largest project was probably the rehabilitation work on the Armory Sports Center in the downtown area. Other uses of the funding included the acquisition of The Blind Boone Home, major improvements to the Worley and Again Street Park, and storm drainage work in the downtown area. Mr. Beck pointed out that the City also worked with other entities including the Central Missouri Food Bank, Enterlight Ministries, Central Missouri Sheltered Enterprise, Rainbow House, etc.
    Mr. Janku asked about a report the Council received in the fall regarding a significant number of home rehabilitation projects. Mr. Dudark responded there are a substantial number of projects on the waiting list. The current situation relates to the implementation of the new lead base paint standards and this has slowed the funding process down temporarily. Mr. Janku remembered $250,000 being set aside in the budget and asked if that would eliminate the backlog. Mr. Dudark thought it would keep it even, but it is expected there will be some increase in cost due to the lead based paint situation. Mr. Janku hoped that could be addressed in future budget priorities.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    The vote on R47-01 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

(A)     Construction of pedestrian bridge at Providence Road and I-70.
    Item A was read by the Clerk.
    Mayor Hindman read the following statement:

    Mayor Hindman opened the public hearing and asked Mr. Patterson to describe the work being proposed.
    Mr. Patterson stated that the pedestrian bridge over I-70 is necessary to provide a link between pedestrian systems both north and south of I-70, specifically connecting to recently constructed sidewalks on either side of the Interstate Highway. The total estimated construction cost for the project is $450,000, of which 80%, or up to $360,000, is eligible for federal enhancement funding. He noted a typographical error in the report which had stated that amount to be up to $310,000. The remaining City share is $90,000. In addition to the enhancement funding, Mr. Patterson reported that the City had agreed to pay for the cost of the engineering which is $63,000. The total City contribution will be $154,000. The project is being designed by Harrington and Cortelyou, a consulting engineering firm in Kansas City.
    Mr. Patterson explained that the bridge itself will be a through girder design with a center span of 88 feet. The span will eliminate the need for center piers which will improve the constructibility and lessen impact on I-70 traffic. The approach spans will each be 40 feet in length. Vinyl-clad chain link fencing will be along each side of the bridge for pedestrian safety and to reduce the potential for objects being thrown off of the bridge onto passing vehicles below. Mr. Patterson added that the fence will also be curved at the top creating partial coverage over the pedestrian way. Based on a review of the existing lighting at the intersection of Providence Road at I-70, the project as proposed does not include additional lighting. Mr. Patterson said there are no businesses or persons being displaced by this project and all applicable federal guidelines will be followed during the design and construction of the project.
    There being no other comments, Mayor Hindman closed the public hearing.
    Mr. Janku commented that this will be welcome addition due to the proximity of Hickman High School. He reported that he drives through the area frequently and often observes students and quite a few adults using the sidewalk and bridge to cross I-70.
    Mayor Hindman felt it important to provide for circulation between the north and central part of town. He said the only way to do that is to provide this kind of access over the Interstate. Mayor Hindman commented on the plan for a pedestrian bridge in the Route B area also. He remarked this feature is being included in other cities as new highways are being built.
    Mr. Janku made the motion that staff be directed to proceed with final plans and coordination efforts with MoDOT to proceed with construction of the pedestrian bridge over I-70 as outlined in the report. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
 

(B)     Voluntary annexation of land on the west side of Scott Boulevard and the north side of Route KK.
    Item B was read by the Clerk.
    Mr. Beck explained the tract to be approximately 190 acres located in southwest Columbia adjacent to Thornbrook Subdivision. He noted an ordinance would follow under New Business this evening.
    Mayor Hindman opened the public hearing.
    Bill Crockett, an engineer with offices at 2608 N. Stadium, spoke on behalf of the owners who are Mr. and Mrs. Robert Sapp, Marvin Sapp, and Triple SSS Development. He stated that Thornbrook Development Corporation is the contract purchaser. He explained that Thornbrook Subdivision and the area to be annexed are in the City service areas for all utilities including phone and cable. Mr. Crockett said the subdivision is currently zoned R-1, and he anticipated the annexed area to be developed in the same fashion.
    Mayor Hindman closed the public hearing.
 

(C)     American Legion Post 202 Sanitary Sewer Project.
    Item C was read by the Clerk.
    Mr. Beck reported that this proposed sewer line would replace a septic tank as well as a temporary lagoon that is serving the City's concession stand. The estimated cost for the project is $130,000.
    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 the project. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

OLD BUSINESS
B59-01     Authorizing agreements with Missouri Department of Natural Resources and Mid-Missouri Solid
                 Waste District; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Patterson noted that the City has been utilizing grants from the Department of Natural Resources in the Solid Waste Division for various aspects of recycling and waste reduction. He reported this year the City received both a Solid Waste District grant and a State Department of Natural Resources grant that will provide $115,803 of the $176,621 cost for a trommel screen. He explained the screen is very important to improve the efficiency and quality of the recycled material after it has gone through composting to achieve the goal of creating a marketable product. Mr. Patterson noted that the City is currently involved in many different types of composting activities and staff believes this will help further expand the program's proficiency.
    B59-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B69-01     Authorizing an agreement with Sverdrup Civil, Inc. for the design of a concrete water storage
                 reservoir; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Malon explained that this project includes the addition of a two million gallon water storage reservoir at the south pump station located at the corner of Nifong and Bethel Road. This will add a second cell to the ground water reservoir. He reminded the Council that two years ago the water consumption in the City almost reached capacity of the system, and this project is necessary to meet the increased demand for production and storage. Mr. Malon reported that two new wells in the McBaine bottoms have been constructed which will be in service for this coming summer. He pointed out that an old deep well in town will be rehabilitated as well.
    Mr. Malon reported the design and construction of this reservoir would be the next step in the process. He indicated Sverdrup did the design work on the original station and they presented the best proposal.
    Mr. Janku asked about the material to be used on the exterior wall on the north side. Mr. Malon said at this point the plan is to match what currently exists. Mr. Janku pointed out that the addition would extend even closer to the residential area. Mr. Malon noted that a sign has been posted for some time to inform residents about the expansion, but he was sure there would be concerns again about the appearance. He remarked they have tried to make it an attractive installation and certainly wanted to continue in that direction.
    Mr. John favored the addition, but he observed it looks like an exact duplicate of something that was done a few years ago. He asked if the design was done in a two stage plan. Mr. Malon said there is space inside the building to add the additional pumps, but they would have to design the reservoir and figure out how to tie the structures together in the foundations to keep them from settling at differential rates. In addition to the design, Mr. Malon commented the engineering work will also include all of the materials, shop drawings and the 1,300 hours plus of field inspection services.
    Mr. Janku asked if the one percent for the arts would apply on this project. Mr. Beck indicated staff would follow the guidelines.
    B69-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B70-01     Authorizing an agreement with Ameren Energy Fuels & Services to dispose of ash at the Municipal
                 Power Plant in exchange for SO2 allowances.
    The bill was given second reading by the Clerk.
    Mr. Beck noted an amendment sheet had been prepared for this agreement.
    Mr. Malon explained that since the City's plant changed from high sulphur Missouri coal to low sulphur coal, we received some excess SO2 allocations. He reported the City has built up quite an extensive inventory of cinders at the plant due to the mild winters over the past few years. Mr. Malon explained that a request for proposals was sent out to determine what could be done to dispose of them. One of the proposals was from Ameren Fuels and Services in which they proposed to trade SO2 allocations for removal of cinders. Mr. Malon indicated Ameren would be able to move about 44,000 cubic yards of ash from behind the plant. He noted that would reduce the supply substantially.
    Mr. Campbell made the motion that B70-01 be amended per the amendment sheet. The motion was seconded by Mr. John and approved unanimously by voice vote.
    B 70-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B77-01     Accepting easement for placement of emergency outdoor siren at Jefferson Commons.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this would allow for a new siren location in the area of the recently vacated Walnut Hills Mobile Home Park along Old Highway 63. He noted than an additional siren was budgeted for this year. Mr. Beck indicated that an amendment sheet had been prepared.
    Mr. Campbell made the motion that B77-01 be amended per the amendment sheet. The motion was seconded by Mr. John and approved unanimously by voice vote.
    B77-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

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

B57-01     Authorizing acquisition of easements for construction of Sewer District No. 155.
B58-01     Authorizing acquisition of easements for American Legion Post 202 Sewer Project.
B60-01     Approving change order #1 to contract with J.C. Industries for Brown Station Road Improvement
                 Project.
B61-01     Accepting and approving engineer's final report; authorizing Change Order #1 for Paris Road at
                 Hinkson Avenue Intersection Improvement Project.
B63-01     Granting an easement to the McBaine Levee District.
B64-01     Accepting easements for utility purposes.
B65-01     Accepting deed of dedication for water main for Stonecrest, Plat 1; approving engineer's report; and
                 authorizing payment of differential costs.
B73-01     Approving a replat of Plat 3 of Pratt's Subdivision.
B75-01     Approving vacation of part of sanitary sewer easement on the west side of Old Highway 63, south of
                 Grindstone Creek.
B76-01     Authorizing agreement with Peckham and Wright Architects, Inc. for restoration plans of the Boone
                 Home; appropriating funds.
B78-01     Authorizing an amendment to the contract with the Missouri Department of Health.
R40-01     Setting a public hearing: calling for bids for partial rehabilitation of Runway 2-20 at Columbia Regional
                 Airport.
R41-01     Setting a public hearing: construction of 12-inch water main to serve Boone County Fire Protection
                 District.
R42-01     Setting a public hearing: storm water drainage improvements in Park Hill Addition.
R43-01     Authorizing a lease of mobile home site at Airport.
R44-01     Authorizing an agreement with Regional AIDS Interfaith Network (RAIN).
R45-01     Authorizing agreement with the Curators of the University of Missouri and American HomeCare
                 Management Corporation.
R46-01     Authorizing renewal of an agreement with COIN.

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

NEW BUSINESS
R48-01     Approving amendment No. 3 to agreement with Burns & McDonnell for Wetland Treatment Unit #4
                 project.
    The resolution was read by the Clerk.
    Mr. Patterson explained that this would conclude the Wetland Unit #4 project and provide an accounting for the total cost of engineering services associated with it. He said the amendment increases the contract amount by $122,000 because of additional design, construction administration and resident inspection services which resulted from unanticipated site conditions discovered during construction. Mr. Patterson reviewed the conditions that had been encountered.
    The vote on R48-01 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R49-01     Authorizing renewal of agreement with Farmer's Market.
    The resolution was read by the Clerk.
    Mr. Beck noted that the Farmer's Market has been at the Ash Street and Clinkscales location for a number of years. This will renew their agreement for one more year. Mr. Beck reported the area will be fenced off for safety reasons in connection with the upcoming construction of the recreation center.
    The vote on R49-01 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, COFFMAN, CAMPBELL, JOHN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R50-01     Authorizing amendment to the contract with Sverdrup for extended construction services.
    The resolution was read by the Clerk.
    Mr. Beck explained that the amendment would provide for an extension of the architectural services with the same firm that designed the recreation center. The amount is not to exceed $232,800. Mr. Beck noted that the people who will be doing the actual inspection work have been interviewed. He said Public Works will still be checking on code situations.
    The vote on R50-01 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

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

B79-01     Approving the final plat of Moongate Subdivision Plat 2, a replat of Lot 6 of Moongate Subdivision.
B80-01     Approving a replat of Lot 5 of Sedona Villas Plat 1.
B81-01     Approving the final plat of Katy Lake Estates Plat 2-B1, a replat of Lot 247 of Katy Lake Estates.
B82-01     Vacating electric easement within Woodrail Subdivision, Plat 7.
B83-01     Authorizing annexation agreement to extend city sewer service, Oakland Gravel Road/Vickie Drive.
B84-01     Extending the city limits; annexation of land on west side of Scott's Boulevard and on north side of
                 Route KK.
B85-01     Approving construction of 12-inch water main to serve Boone County Fire Protection District;
                 providing payment for differential costs.
B86-01     Accepting conveyances for utility purposes.
B87-01     Approving a change order to the contract with Prost Builders for renovation of Armory Building.
B88-01     Approving Change Order No. 1 and approving engineer's final report for Nifong/Forum Intersection
                 Improvement Project.
B89-01     Approving Change Order No. 1 to Combs Construction Company contract for Route AC Sewer
                 relocation; appropriating funds.
B90-01     Approving Change Order No. 1 to Don Schnieders Excavating Company contract for Lynn and Oak
                 Streets drainage project; approving engineer's final report.
B91-01     Authorizing acquisition of easements for Upper Hinkson Creek Outfall Relief Sewer.
B92-01     Authorizing acquisition of easements for construction of Sanitary Sewer District No. 152.
B93-01     Amending Chapter 14 of the City Code relating to parking on Dakota Avenue.
B94-01     Calling for bids: rehabilitation of Runway 2-20 at Columbia Regional Airport.
B95-01     Calling a special election on replacement of beverage container deposit ordinance with a beverage
                 container tax. INTRODUCED BY CAMPBELL
B96-01     Amending Chapter 11 of the City Code to repeal the beverage container deposit law; amending
                 Chapter 26 of the City Code to establish a beverage container tax. INTRODUCED BY CAMPBELL
B97-01     Authorizing advance of designated loan fund for donations pledged to the Recreation Center.
 

REPORTS AND PETITIONS
(A)     Joint Pole project with Central Electric Cooperative.
    Mr. Beck explained that this joint project would allow the City to use the same new pole structure that Central Electric plans to construct in the area of 763, north of Columbia. When 763 is widened, the City will be able to remove one of the lines that presently runs parallel to the road. The estimated cost for this project is about $100,000.
    Mayor Hindman made the motion that staff be authorized to negotiate an agreement with Central Electric. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

(B)     Intra-departmental Transfer of Funds.
    Report accepted.
 

(C)     Potential Neighborhood Park Acquisition off Barberry.
    Mr. Beck explained that Glen Strothmann had approached staff relating to the City's possible purchase of property he owns in northwest Columbia to be used as a neighborhood park. The tract is approximately four acres in size and is located in an area Mr. Strothmann is currently subdividing. While Mr. Strothmann felt he was not in a position to make an outright gift, he would sell the property at about half its value. If the Council wishes to proceed, Mr. Beck indicated staff should be directed to have appraisal work completed.
    Mr. Janku made the motion that the staff be directed to have the appraisal work completed. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
 

(D)     Water Main Extension - Thornbrook Subdivision.
    Mr. Beck explained that this area is already served by the City with water being provided by the Water District. He said there are questions about the amount of pressure and quantity of water available. Mr. Beck noted that this particular line is shown in the City's three year master plan. He reported that the water utility has funds in the FY 2003 CIP budget for water mains in the area, but since the extension would consist of a trunk water main and will provide service to other areas besides Thornbrook, the developer has requested that the City build the main. The developer has agreed to pay the carrying costs necessary to move this CIP project up three years. If the Council wishes to proceed with the project, Mr. Beck indicated a motion should be made directing staff to set a public hearing and to draft the proper legislation to appropriate funds and move the project forward on the CIP. He pointed out an agreement will also have to be worked out with the developer.
    Mr. John made the motion that staff be directed to proceed. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
 

BOARDS AND COMMISSIONS
    None.
 

COMMENTS OF COUNCIL, STAFF, AND PUBLIC
    Mr. Janku spoke about the need for some type of pedestrian crossing at Jefferson Commons on Old 63. He thought there are a lot of people who would use the crossing to access Grindstone Trail.
    Mr. Janku noted a gap between the sidewalks on Brown Station Road and Route B. He appreciated that the state installed the pedestrian crossing lights on Route B. He clarified that the gap is between the car wash and gas station.
    Mr. Janku commented on right-of-way management programs and reported that some communities are adopting ordinances dealing with compensation, not just for use of the right-of-way, but in some cases setting standards in regards to paying for the replacement pavement based on the age of the street. Mr. Janku thought this issue might be something staff should explore. He asked for a staff report on what the City could do to implement such a program.
    Mr. John reiterated his feelings about hiring additional police officers as being a priority item during the next budget year.
    Mr. John mentioned a HUD program (Policeman and Teacher Next Door Program) wherein participants are eligible for special loan rates in distressed housing neighborhoods with the provision that the officer or teacher live in the area for a period of five years. He spoke of his support for encouraging City employees to participate in such a City-sponsored program wherein these individuals could receive a $5,000 forgivable loan as long as they remain an employee of the City and a resident on the property. Mr. John explained that would be the equivalent of a 50 cent per hour raise for qualified employees, but it would be $5,000 towards buying property in a low income or CDBG area. He suggested the eligible neighborhoods being north of Broadway and south of I-70. Mr. John stated he would like to see this suggestion included as a proposal for the next budget year.
    Mr. Campbell noted the HUD program that currently exists (The 50% Program) where teachers or police receive 50% off for housing in areas such as those being described by Mr. John.
    Chief Boehm outlined the housing program presently being subsidized by the Columbia Housing Authority. Through the years there have been a number of officers who have lived, free of charge, in the Housing Authority area. Currently, Chief Boehm indicated he knew of two officers living in the area, one on Lincoln Avenue and another in that general vicinity.
    Mr. John spoke about the requirement wherein the City was forced to change over to water based paint for street striping. It has been his observation that striping has to occur more frequently because this type of paint is not very durable. Mr. John wondered if the use of cinders was contributing to the problem. He asked that the situation be looked into.
    Regarding the deposit ordinance, Mr. Coffman asked if he could be supplied with more information before the next meeting. He assumed there were older reports on the issue that had been provided to past Councils.
    Mr. Coffman reported that he continues to receive complaints about the walkability, or lack thereof, at the intersection of Broadway and 63. He has also received complaints regarding the unattractiveness of this intersection. Mr. Coffman understood Boone Hospital intended to participate in the adopt-a-spot program by caring for the large triangle of property near the Eastgate store, but they were waiting on the City. Mr. Patterson indicated the initial cost for the planting materials is the main holdup. He said the program provides for the adoptors to maintain an area, not pay for it. Mayor Hindman remembered the report mentioning water lines. Mr. Patterson replied that for areas of the size in question, water lines are included in the design concept. He believed that to be an important feature unless there is a willingness to plant materials that do not need watering. Mayor Hindman suggested a xero-scape planting. Mr. Coffman thought improved pedestrian facilities are needed at this location as well.
    Mr. Coffman explained that he has been contacted by apartment dwellers regarding the blue bag program. He understood the program was not available for individuals living in apartments and yet they have to pay the increased refuse rate. Mr. Patterson explained the apartment recycling drop-off program where blue bags would be picked-up on a schedule. He noted where there are dumpster pick-ups the program is not available because usually the blue bags will just end up in the dumpster. He reported staff has been working with the apartment complexes to encourage them to participate in the drop-off program. Mr. Coffman asked if the decision to participate was up to the apartment owner. Mr. Patterson replied that is who would have to arrange it, although he said it is usually tenant-driven. Mr. Campbell asked about the possibility for additional dumpsters after the new sorting facility is in operation -- one for garbage and one for recyclable material. Mr. Patterson replied that was very definitely a possibility. However, he indicated that option would currently be difficult to implement until there is a facility for processing and sorting. Mr. Coffman asked that staff continue their efforts in trying to solve this problem.
    Mayor Hindman commented that he had been asked by several people to have the staff look into the City's laws in regards to shelters.
    Winifred Colwill, 1417 Countryshire, spoke on behalf of the Columbia Boone County League of Women Voters. She stated that the League strongly opposes a repeal of the beverage container ordinance because they believe it is still the most effective tool in promoting recycling. It is also uniquely effective in keeping City streets and public parks free of container litter. Ms. Colwill asked that the ordinance be amended to allow retailers to set a daily limit of 20 cases per individual or group that may be redeemed at any one time.
    Hank Ottinger, 511 Westwood, spoke on behalf of the Osage group of the Sierra Club, in favor of the deposit ordinance. The group urged the Council to consider alternatives to Mr. Campbell's proposal. Mr. Ottinger indicated the membership requested that the Council consider an amendment to the ordinance requiring distributors to transfer 75% of their monthly unredeemed deposits to the City. The City would then reimburse the retailers based on the number of redeemed containers.
    Mark Haim, 1402 Richardson, spoke in favor of keeping the deposit ordinance. He explained the importance of aluminum recycling.
    Charlie Atkins, 2700 Malibu, spoke on behalf of Columbians Against Throwaways. This group recommended that the City take over the present deposit system so as to receive the revenue instead of the distributors. Mr. Atkins passed out a sheet with suggested improvements to the present ordinance.
    William Woodward, 200A Unity, suggested ideas for generating revenue for the recycling program.
    Regarding the deposit ordinance, Mr. Campbell asked staff to prepare a report before the next meeting on whether or not the suggestions listed on the letter from Mr. Atkins could be implemented without being submitted to a public vote.
    The meeting adjourned at 10:50 p.m.

                                                                                        Respectfully submitted,

                                                                                        Penny St. Romaine
                                                                                        City Clerk