M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
NOVEMBER 19, 2001
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:10 p.m., on Monday, November 19, 2001, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, and JANKU 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 November 5th, 2001, as well as the minutes of the special meeting of November 5th, 2001, were approved unanimously by voice vote on a motion made by Mr. Hutton and a second by Mr. Loveless.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mayor Hindman noted that B387-01 would be added under Introductions and Report E would be added under Reports and Petitions.
    The agenda, as amended, including the consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Loveless and a second by Mr. Hutton.
    Mr. John made the motion that Mr. Coffman be allowed to abstain from voting on B371-01. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
 

SPECIAL ITEMS
    None.
 

SCHEDULED PUBLIC COMMENT
    None.
 

PUBLIC HEARINGS
B363-01     Amending Chapter 29 of the City Code relating to off-street parking and loading regulations.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained that his staff and the Planning and Zoning Commission, along with local architects, engineers and the real estate development community, reviewed the City's parking requirements which date back to the 60's. The amendments being proposed relate to parking requirements for various types of residential, commercial and recreational uses. Mr. Dudark reported their research included comparing parking requirements in other similar university cities in the Midwest, as well as examining guidelines at the national level. In many cases, it was thought that Columbia's parking regulations require more than what is actually needed.
    Mr. Dudark reviewed the design standards which pertain to aisle width and angle parking. He also noted a provision to allow shared parking where there is a mixed use that may operate at different times of the day or different days of the week. He commented there was a lot of interest in the latter. Mr. Dudark pointed out the proposed amendment which would allow an applicant to set aside 20% of an area to be used as open space until the need for additional parking can be demonstrated. In addition, a provision is proposed to give credit for projects that have transit accommodations, and a new requirement to have bicycle parking facilities on larger parking lots. Mr. Dudark reported the concept of limiting the maximum amount of parking to be relatively innovative. Anything more than 30% above the minimum would require approval by the Board of Adjustment or the Council through a planned district application.
    Mr. Janku spoke about complaints he has received over the years in regard to automotive repair shops. He believed more on-site parking should be required at these places of business. He suggested that the number be increased to reflect that most auto repair shops service several vehicles a day, and many customer cars remain on the lot throughout the day. Mr. Janku suggested there be eight spaces per service bay rather than two. Both Mr. Loveless and Mr. John thought eight would be too high.
    Mr. Janku proposed that no changes be made to the requirements for health clubs. Based on personal observation, he said parking needs are much higher than what is proposed by the ordinance. The current ordinance requires one space per one hundred square feet of facility space, and the proposal is for one space per two hundred square feet. Mr. Dudark pointed out that the current regulations have not been applied, but the one per two hundred was used at one of the Wilson's facilities, and one per three hundred at the other. Mr. Janku believed the new proposal to be way too low.
    Both motions made by Mr. Janku were seconded by Mr. Hutton.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Janku spoke about amending the school parking numbers. He noted that most of the new schools base parking on the perceived need, but this number would be considered excessive by the new amended standards. Mr. Janku stated the Board of Adjustment would have to grant a variance before the additional parking could be approved.
    Mr. John understood the concept of limiting large parking lots, but he knew of business person who would want to spend money to pave a bigger parking area if it was not needed.
    Mr. Beck asked if the Council wanted the School District to come before the Board of Adjustment each time a new school is built. It was ascertained that current regulations call for one space per employee, and the proposal is not to change this requirement. Mr. Dudark noted that 30% above the minimum is where it would come into play. He thought Mr. Beck was suggesting that perhaps the standard is too low. He said 1.25 spaces per employee would come closer to matching what is actually being provided. Mr. Dudark explained the stipulation relating to excess parking would have to be increased from 30% to about 50% to match what the District is actually building, particularly at the middle and junior high school level.
    Mr. John made the motion to delete subsection (d) shown on Page 13.
    Mr. Hutton agreed with Mr. John in that he saw no incentive for someone to build more parking. He thought a business would provide the amount of parking they need.
    Mayor Hindman preferred the idea of keeping parking lots at a useable, but more or less minimum size.
    Mr. Loveless pointed out the fact that there is no mention made of student drivers in high school.
    Mr. Janku said he had no retail experience, but he assumed there are businesses that have less parking than what is needed. He spoke about the Council's discussion at last week's work session in regards to the possibility of a residential parking permit program. He believed the reason there are overflow problems in residential areas is because large parking generators do not provide enough spaces on-site.
    Mayor Hindman believed it was damaging to the community when very large parking lots are constructed and are not being used. He did not think parking should be based on peak situations. Mayor Hindman suggested increasing the excessive parking limit from 30% to 50% to allow more flexibility. If this is still too low, the Council will hear about it from the Board of Adjustment.
    Mr. Beck asked whether the proposed amendments would reduce any of the parking requirements. Mr. Dudark replied just the parking requirements related to retail shopping areas. The present standard calls for one space per 150 square feet of facility space, and the new standard would be one space per 250 square feet or one per 200 square feet for a large area. Mr. Beck observed that some of the existing situations in which there is excessive parking had been based on the minimum requirement when the lot was built. He was hopeful the proposed amendments would remedy some of those situations.
    Mr. Coffman asked Mr. Dudark if he anticipated receiving requests for exceeding the minimum by more than 30%. Mr. Dudark thought that would be the case with the newer schools moving in that direction. He said part of the problem relates to the base being so minimal. Mr. Coffman asked if there were other uses that might exceed the maximum. Mr. Dudark replied he was not aware of any at this time, but there surely would be. Mr. Coffman indicated he would be more amenable to change the percentage rather than deleting subsection (d).
    Mr. Janku thought it was the Council's responsibility to come up with good standards. He did not think this issue should be deferred to the Board of Adjustment.
    Mr. Coffman suggested the Council vote on each issue individually. Mr. John recommended that the parking for health clubs be left as is, and then ask the Planning staff to review this use to break out the exercise floors from the rest of the facility as two different spaces. Mr. Janku agreed to Mr. John's suggestion.
    Regarding the car repair issue, Mr. Janku said he was willing to scale back the parking spaces for service bays to four. Mr. Hutton thought four would be minimal because there would also be inoperable cars on the lot. The Council agreed to four, but suggested this issue also be referred to the Planning staff for their review and recommendation.
    Mr. Janku made the motion that health clubs be kept at the current level.
    Mr. Janku made the motion that auto repair reflect four spaces per service bay.
    Mr. John made the motion that they delete subsection (d) in regards to excess parking.
    Mr. Janku's motion to amend B363-01 by increasing the required parking spaces for auto repair businesses to four per service bay, seconded by Mr. Hutton, was approved unanimously by voice vote.
    Mr. Janku's motion to amend B363-01 by maintaining the current ordinance on parking requirements for health clubs (1 space per 100 square feet), seconded by Mr. Hutton, was approved unanimously by voice vote.
    Mr. John's motion to amend B363-01 by deleting (d) relating to excess parking, seconded by Mr. Hutton, was approved by voice vote.
    Mr. Coffman made the motion that B363-01 be amended by putting back in subsection (d), just deleted, at a 50% maximum.
    Mr. Janku thought the 50% maximum would not affect the parking situation at the schools too negatively, but he was not sure about the large parking generators like the colleges and hospitals. He wanted more information to ensure the ordinance would be workable for the larger generators. Mr. Dudark indicated staff does not know the amount of parking that has been constructed for the larger facilities, but he did know the proposal matches up to national standards and with what other communities have established. He reported staff looked at minimums not maximums.
    The motion made by Mr. Coffman to amend B363-01 by reinstating subsection (d) at 50%, was seconded by Mayor Hindman, and approved by voice vote.
    After additional discussion, Mr. Janku suggested tabling the issue so staff could come back with information about the parking needs for schools and hospitals. Mr. John suggested that staff should review the maximum parking needs on all large generators. He said the research was aimed at making parking lots smaller.
    Mr. John motioned that B363-01, as amended, be tabled to the December 17, 2001, meeting to allow for a comprehensive look at the maximum needs of all generators. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
 

B364-01     Establishing permanent R-1 zoning on property located on the south side of Riviera Drive, west of
                   Langham Drive.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this recently annexed 3.5 acre tract is located in northeast Columbia. Both the Planning and Zoning Commission and staff recommend approval.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B364-01 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B368-01     Calling for bids for the construction of water main along Scott Boulevard from Vawter School Road
                   to Thornbrook Subdivision.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this major water main line project located in southwest Columbia will consist of a 12-inch main, 6,000 feet in length. He said it was in the CIP, but to advance it, staff thought the city should be paid some additional cost. An agreement was worked out wherein the developer will pay $33,000 to advance the project by one year.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B368-01 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

(A)     Voluntary annexation of property located on the north side of State Route K, east of Old Village Road.
    Item A was read by the Clerk.
    Mr. Beck pointed out that this 33 acre tract is located in south central Columbia. The applicant wishes to connect to the City's sewer system. The owners have informally discussed establishing permanent A-1 and R-1 zoning on the property.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
 

OLD BUSINESS
B351-01     Establishing Sanitary Sewer District No. 144 along Mexico Gravel Road, adjacent to the intersection
                   of Mexico Gravel Road and State Route PP.
    The bill was given second reading by the Clerk.
    Mr. Patterson explained that staff has been working on the issues raised at the last Council meeting, but these have not yet been resolved. He thought it could be done by the next meeting.
    Mr. Hutton made the motion that B351-01 be tabled to the December 3, 2001, meeting. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
 

B362-01     Voluntary annexation of property located on the west side of Warren Road, approximately 2,400 feet
                   north of New Haven Road.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this tract contains 3.75 acres and is located in east Columbia. The applicant is requesting R-1 zoning and connection to the City's sewer system.
    B362-01 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B367-01     Approving the final plat of Richardson Street Subdivision, a replat of portions of Lots 16 and 17 of
                   Stephens Addition to the City of Columbia; granting a variance to the Subdivision Regulations.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the plat is located in an older part of the City and would create two lots. Approval was recommended by the Planning and Zoning Commission.
    Mr. Janku asked if the easements being dedicated are sufficient if the Council were to grant the variance and later wanted to go back and create a sanitary district. Mr. Dudark understood the easements were private so the two homes could cross the intervening tract for access to the public sewer. He said there were no easements on the lots themselves. Mr. John said there would be no requirement for easements. Mr. Patterson explained the easements would not be required as the only requirement is that the lots have access to the sewer line.
    Bruce Beckett, an attorney with offices at 901 E. Broadway, reported that the staff had some mild opposition to the variance request primarily because of the concern about maintenance of the shared sewer service line. He indicated that he prepared a declaration of covenants and easements that would be recorded simultaneously with the plat that would provide the two lot owners with cross easements for the purpose of maintaining, repairing or replacing the common sewer service line and sharing the cost of the work. Mr. Beckett indicated the document provides a mechanism for one of the lot owners doing the work and recovering half the cost in the way of a reimbursement from the other lot owner. The easements are to each other, not the City.
    B367-01 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B369-01     Authorizing an agreement with Sverdrup Civil, Inc. for engineering services related to water system
                   improvements; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this fairly major project would be completed in three phases. A committee took proposals from consulting firms and recommends Sverdrup Civil. The first phase of the engineering work has been estimated to cost $66,000. The total maximum amount would not exceed $1.2 million. The project will expand the treatment plant from 24 MGD to 32 MGD and add a second transmission line from the water plant up to the Vawter School Road area.
    B369-01 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B371-01     Authorizing a Purchase and Operating Agreement with Ameren Energy Generating Company.
    The bill was given second reading by the Clerk.
    Mr. Malon explained the City currently has a development and power sales agreement wherein we are able to purchase power from the Columbia Energy Center on Peabody Road across from the Bolstad Substation. He reported this agreement provides the City an option to buy a 25% undivided interest in the project. He said it is an option for the City, not an obligation. He listed the three different times the City may exercise their rights and the purchase option price for each. If the City does not exercise the option, the agreement will terminate. Mr. Malon indicated both staff and the Water and Light Advisory Board recommend approval.
    Mr. Loveless asked if there was a projected life span for this particular generating unit. Mr. Malon explained that these are heavy-duty industrial units and have a life span of about 40 years. He noted the unit at the Power Plant was built in 1963. It was recently rehabilitated and is still going strong.
    Mr. Janku commented on the impressiveness of the facility and he thought the agreement was good for the City.
    B371-01 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSTAINING: COFFMAN. Bill declared enacted, reading as follows:
 

B374-01     Authorizing an agreement with the Missouri Department of Transportation for the reconstruction of
                   the Grindstone Creek Bridge.
    The bill was given second reading by the Clerk.
    Mr. Beck noted this agreement would provide for the use of Old Highway 63 during the period of time when MoDOT is replacing the southbound Grindstone Bridge on US 63. He said the proposal was for all of the traffic to come down one side of US 63 and this detour would only handle the ramp traffic going from Stadium onto US 63 to the south. It will be MoDOT's responsibility to manage the traffic on Old 63 during this period of time. It is estimated work on the bridge will begin in the summer of 2002.
    Mr. Coffman spoke about the considerable concern expressed by residents of the area. He asked if there are any other assurances, besides signal timing, the residents could expect. Mr. Coffman did not expect a big problem with the detour, except perhaps during the rush hour periods. Mr. Loveless asked if that would be mainly the traffic from US 63 coming into town. Mr. Coffman expected that would be the case. Mayor Hindman pointed out that there are people who live in Columbia, but work in Jefferson City, and would be going the other way as well.
    Mr. Loveless commented that he continues to have concerns about the pedestrian crossing at Jefferson Commons. Mr. Coffman agreed that was the one addition that really increased traffic in the area.
    Mr. John voiced his concern about the maintenance of the intersection at Stadium and Old 63.
    Mayor Hindman was also concerned about the pedestrians and cyclists on Old 63 where there are gaps in the sidewalk and they are forced to go out into the street.
    Mr. Beck asked if this project would be finished before the AC connector. Mr. Patterson replied it would not be. Staff had been told there are two bridge projects that need to be done - Grindstone Creek and Hominy. One project will be done next year, and the other will be done the following year. Mr. Patterson thought the Highway Department is well aware of the potential problems and would do everything that can be done as far as signalization and timing. He will convey the Council's concerns to the Highway Department. Mr. Patterson indicated he would also look at the bicycle issue Mayor Hindman mentioned to ascertain what could be done to address that situation.
    B374-01 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B375-01     Confirming the contract of APAC-Missouri, Inc. for the construction of Smith Drive from Windermere
                   Drive west approximately 1,600 feet.
    The bill was given second reading by the Clerk.
    Mr. Beck reported that six bids had been received with the low bid being $277,775.94 for asphaltic cement. He pointed out that this was below the engineer's estimate. Mr. Beck reported staff recommends approval.
    B375-01 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B376-01     Amending Chapter 16 of the City Code as it relates to noise and musical instruments.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this would provide an exemption for musical instruments between noon and 5:00 p.m. if the instrument is not plainly audible at a distance of 125 feet.
    Barbara Knowles, 1220 Ridge Road, asked the Council not to change the noise ordinance. She indicated her neighbor is a professional musician who uses his home for practice. He operates a drum studio out of his home, giving drum lessons plus practicing with his band. Ms. Knowles thought that is far different from someone who gives piano lessons in their home. She can appreciate the importance of music to the neighbor, but at the same time, she said peace and quiet are important to both her husband as well as herself. They understood the neighbor was working on increasing the soundproofing in his practice room. Ms. Knowles indicated they look forward to that happening and would like to work with him, but at the same time, wish to see no change in the ordinance.
    Mr. Coffman asked if the noise disrupts the Knowles' household and at what times. She said although they are retired, it is most disruptive during the evenings and weekends.
    Jim Magruder, 1224 Ridge Road, explained that his property adjoins that of the previous speaker. He was opposed to any changes to the ordinance for the same reasons stated by Ms. Knowles.
    Mr. Coffman asked if Mr. Magruder found the drums disruptive. Mr. Magruder said he did, and it was not only the drum practice, but the two bands that practice there weekly as well. Mr. Coffman asked if he had ever called the City about the problem before. Mr. Magruder said they called about three years ago and indicated that the noise level was offensive to them. He was not sure what action, if any, had been taken at that time.
    Mr. Hutton asked Mr. Magruder how far he was away from the source of the music. Mr. Magruder said his property adjoins the rear of the property and he thought it was within 100 feet.
    Nancy Newton, 600 Medavista, spoke in opposition to any changes. She said previously no one had mentioned that the acoustic instruments being played are drums. She said these instruments can be heard by the neighbors on the street behind her house. Ms. Newton reported this activity has gone on for years at different times of the night and day. She noted the Police Department had been called three times. Ms. Newton stated her opposition to the ordinance is not a vendetta, but she simply wants to be able to sit on her screened in porch or back patio without having to listen to someone else's music.
    Mayor Hindman asked how many days a week this is happening. Ms. Newton responded that it has not happened in the last few weeks since all of this started. Prior to that, she said it was several days a week and more often than the Council would want in their neighborhoods.
    Alice Anderson, 506 Medavista, said she hears music at all different times, but was not as affected as the others because she travels frequently. She did not want to see the ordinance changed.
    Russell Newton, 600 Medavista, remarked that he lived fully 125 feet away from the "music house". He stated that Police officers, standing on the Newton's front porch, have affirmed the music is far too loud. A citation was written as a result. Mr. Newton opposed any relaxing of the noise ordinances.
    William Shakelford, a musician with the Kansas City Street Band, said there would be no musicians working if it were not for bands being able to practice in their homes.
    Ellen Schlee, 603 Medavista, suggested that the City come up with some way of measuring the decibel level or giving Mr. Froeschner some time period when he could play his Carribean pan. She said other noises in the neighborhood, such as leaf blowers, lawn mowers, and jack hammers, can be heard and she and Mr. Froeschner do not complain about these necessary noises. Ms. Schlee indicated the drum studio noise is a necessity for Mr. Froeschner's business.
    Gary Froeschner, 603 Medavista, admitted to having a drum studio in his basement. His studio started officially at the first of the year and he guaranteed that no one could hear his drum students. Mr. Froeschner maintained the studio issue came up to turn this into something that it is not. He explained that he was being ticketed for playing his guitar and his pans upstairs in his home with the windows open. He reported that he is not making as much noise as the average lawn mower or a car going down the street. Mr. Froeschner stated that his band practices in the basement which has three walls underground. The back wall is a frame wall and it is covered with three layers of commercial grade carpet out of respect for his neighbors. He said for six years he has been having band practice in his home and has never received a complaint about that activity until a couple of weeks ago. Mr. Froeschner explained that he is building a second wall presently, but he said it would take a lot to stop noise to the point where he would not violate this ordinance.
    Mr. Froeschner remarked that the way the ordinance reads, if he can be heard playing music at 125 feet in the middle of the day, he can be fined $1,000 or go to jail for three months based on one neighbor's signed complaint. He believed the ordinance was unfair and intolerant to musicians. Mr. Froeschner said he was willing to do whatever he can to keep his noise from his band practice and his drumming in the basement. He did not think he should have to do that when playing pans, an acoustic instrument, in his living room. Mr. Froeschner asked for a law that he could comply with, which was not the amendment being proposed tonight.
    Mayor Hindman reported it generally takes a combination of things to amount to what the courts considers a nuisance. He said it is almost impossible to regulate this issue by ordinance. Mayor Hindman noted someone suggested that a mediation service might be helpful in this situation.
    Mr. Loveless said the noise ordinance was enacted to control parties. He did not think anything they have talked about adequately addresses the situation between this musician and his neighbors. Mr. Loveless commented that he brought up the issue because Mr. Froeschner contacted him under the belief that there was a neighborhood vendetta against him, although the neighbors say that is not so. He thought Mr. Froeschner has an obligation to practice if he is going to play in front of the public. However, the neighbors have the same right to feel they are entitled to peace and quiet in their own home. Mr. Loveless indicated he had no idea of what the Council should do. He encouraged Mr. Froeschner to soundproof his home as much as possible.
    B376-01 was given third reading with the vote recorded as follows: VOTING YES: NO ONE. VOTING NO: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. Bill defeated.
 

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

B365-01     Approving the final plat of McKee Park, Plat 1; authorizing a performance contract.
B366-01     Approving the final plat of Oak Forest, Plat 5-E.
B370-01     Accepting easements for electric and sewer purposes.
B372-01     Authorizing Change Order No. 1: approving the engineer's final report for the Wetland Treatment
                   Unit #2 Berm Repairs and Perche Creek Bank Stabilization.
B373-01     Authorizing Change Order No. 1 to the contract with Wisch & Vaughan Construction Company for
                   the construction of Fire Station No. 8.
B377-01     Amending Chapter 16 of the City Code as it pertains to resisting or interfering with arrest.
R241-01     Setting a public hearing: granting a renewal of franchise of Charter Communications, Inc. to operate
                   a cable television system in the City.
R242-01     Setting a public hearing: renovation of the Parks Management Center's meeting/training area and
                   expansion of wood shop.
R243-01     Setting a public hearing: Grindstone Creek Outfall Sewer Extension Project.
R244-01     Authorizing a Memorandum of Understanding with the Missouri National Guard for security at the
                   Columbia Regional Airport.
R245-01     Authorizing temporary closure of Hitt Street between Rollins Road and Hospital Drive during
                   construction of a steam chase to serve Virginia Avenue parking structure.
R246-01     Authorizing temporary closure of Fifth and Sixth Streets between Stewart Road and Elm Street to
                   allow for construction of underground utilities to serve Loeb Hall.
R247-01     Ordering re-advertisement for bids for the construction of Cell #3 at Columbia's sanitary landfill.
R248-01     Expressing support for the University of Missouri's application to the Lewis & Clark Bicentennial
                   Commission for grant assistance for the Lewis & Clark Opera.
R249-01     Authorizing an agreement with the Missouri Department of Health for Maternal Child Health Services.
R250-01     Accepting a grant from the U.S. Department of Health and Human Services to provide improved
                   health services to Spanish-speaking residents.

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

NEW BUSINESS
R251-01     Approving the preliminary plat of Evergreen Acres Subdivision, Plat No. 2.
    The resolution was read by the Clerk.
    Mr. Dudark explained that this tract is located in northeast Columbia to the east of Indian Hills Park. He noted that forty-six R-1 lots and seventeen R-2 lots are being proposed for this 22.8 acre tract. One issue that was raised pertained to a connection into Indian Hills Park. Mr. Dudark reported the developer has amended his plat to show a 50-foot wide access and utility easement on the north side of the plat. He noted it was not intended to be a thru street. Mr. Dudark said the plat is in order and the recommendation is for approval.
    Bill Marshall, Marshall Engineering Surveying, Inc., 300 St. James Street, stated that he and the owner were present to answer any questions.
    The vote on R251-01 was recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R252-01     Accepting the donation and authorizing the installation of an entrance sign at the Columbia Regional
                   Airport.
    The resolution was read by the Clerk.
    Mr. Patterson explained that the sign, if approved, will be donated by the Heinkel Foundation which has participated in other City projects in the past. He said the sign will be 18-feet high and has been reviewed by the Airport Advisory Board and the FAA. Mr. Patterson indicated staff recommends acceptance of the sign and authorization of its installation. He said it would be put in the same location as the current wooden sign.
    The vote on R252-01 was recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. 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:

B378-01     Accepting a deed of dedication; approving engineer's final report; authorizing payment of differential
                   costs for water main serving Spring Creek, Plat 2.
B379-01     Appropriating funds for the construction of a material recovery facility at Columbia's landfill;
                   authorizing construction of the facility.
B380-01     Authorizing agreements with the Missouri Highway and Transportation Commission in connection
                   with the Paris Road pedestrian bridge over Business Loop 70.
B381-01     Authorizing right of use permit with the Curators of the University of Missouri to construct and
                   maintain underground utilities in portions of Fifth Street and Sixth Street rights-of-way.
B382-01     Voluntary annexation of property located on the north side of State Route K, east of Old Village Road.
B383-01     Amending Chapter 25 of the Subdivision Regulations regarding sidewalk construction.
B384-01     Authorizing a grant agreement with Central Electric Power Cooperative for tree planting at
                   Cosmo-Bethel Park Tennis Complex; appropriating funds.
B385-01     Accepting a Trim II Grant from the Missouri Department of Conservation for removal of hazardous
                   trees at the MKT Trail, Oakland Park and Twin Lakes Recreation Area; appropriating funds.
B386-01     Authorizing renovation of the Parks Management Center's meeting/training area and expansion of
                   wood shop.
B387-01     Authorizing a real estate agreement with Jeffrey E. Smith Family Limited Partnership No. 2, L.P. to
                   purchase property for use as a rail terminal; appropriating funds.
 

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

(B)     Proposed Centerstate TDD.
    Mr. Beck explained that this report relates to the advancement of the first Transportation Development District in the City. He pointed out his earlier suggestion of the Council establishing guidelines and criteria when considering TDD's. He defined a TDD as a district confined to a geographically described area in which a special tax could be issued by the land owners in the way of sales tax, property tax, or special assessments. Mr. Beck remarked that staff found there are several of these districts currently under development in the state, and one has actually been completed. In order for this to proceed, it would require two municipal agreements between the City and the developer. He noted if multiplied by a great number, Mr. Beck said these districts could possibly have an adverse affect on community wide issues. He thought the guidelines should define these districts to specific areas where the overall community could benefit from the arrangement. Mr. Beck noted staff has done that and the next step is to work toward developing the administrative agreements.
    Mr. Beck reported in regards to the development of agreements, the landowner/developer would be hiring special counsel -- someone that has successfully worked on other development districts. He said the City would review any proposals submitted and if it was thought we needed outside counsel in addition to our own, there would be that opportunity. Mr. Beck related if the Council preferred a maximum tax, or whatever, staff could take that up with the attorney representing the owner/developer. In this particular instance, Mr. Beck explained the district would include the Vandiver Interchange with US 63, as well as additional property in the immediate area. He indicated the sales tax would actually be collected by the City, and the property tax and special assessments would be handled by the County.
    Mr. John understood that the state collects all of the other sales tax and sends back the City's share, but he noted in this instance we would have to be the collecting agency. Mr. Beck replied that was correct, the City would engage a commission to collect it. He stated there had been an amendment to the state legislation when these types of districts were approved that indicated the Department of Revenue would not be able to collect the revenues generated by the tax because that office is already overloaded. Mr. John asked how the City would set-up an office for collecting sales tax revenue. Mr. Beck responded there have been no problems in collecting the tax in other areas where these districts have been established.
    Mayor Hindman expressed concern about the speed in which this issue has progressed, yet there has been no public input thus far.
    Mr. Hutton believed the City needed to work on getting the policies and procedures in place before proceeding any further. Secondly, as far as this district is concerned, he asked if CenterState could prepare enough information or a rough draft of what they want to do without spending $50,000 on an attorney to do it. If that could be done, a public hearing could be held, yet it would not commit the Council to the proposal. In addition, the developer would not have to spend a lot of money up front until they get the go ahead from the Council. Mr. Beck believed that was possible, but from the developer's perspective, they have a substantial investment out there right now and they think they should explore all of the alternatives with the City.
    Mr. John indicated there could be one public hearing relating to the policies and procedures, and if the developer comes in with something relatively close to those policies and procedures, then a second public hearing could be held to consider approving the TDD based on how well it does or does not meet those guidelines. Mayor Hindman thought that would be a good approach.
    Mr. Janku pointed out the landscaping issue. He was hopeful that could be incorporated into the plans as they move forward.
    Mr. Hutton made the motion that staff be directed to prepare legislation for consideration in adopting guidelines for TDD's which reflect information that came out of discussions at the last work session. The motion was seconded by Mr. John. Mr. John made note that the special assessments could be used against square footage or whatever valuation so we can basically do more than the 10 cents per $100 type thing.
    The motion made by Mr. Hutton, seconded by Mr. John, was approved unanimously by voice vote.
 

(C)     Street Lighting Estimates.
    Regarding Old 63, Mayor Hindman asked if the lights would be put on existing poles. Mr. Malon said they would wherever possible. Mayor Hindman noted two or three places where the poles are in the middle of the sidewalk. He asked that be looked into. Mr. Malon said if there is a distribution line on the pole, it would be more expensive to move the pole than to move the sidewalk around the pole.
    Mr. Malon reviewed it would be fairly easy to install lights on Southampton because the poles are already in place. The next priority would be the lights on Buttonwood as there would be relatively few needed. He suggested Old 63 as the third priority, but noted these lights are designed and ready for construction as well.
    Mr. Janku asked if the third lighting project could be in place by next fall. Mr. Malon replied staff would make it a point to have the Old 63 project done by next fall.
    Mayor Hindman made the motion that the projects be handled in the order recommended by staff. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

(D)     College-Rogers Corridor - CDBG Update.
    Mr. Beck explained that $15,000 had previously been budgeted for the engineering work along this corridor. Most of this work is done, but additional funding will be needed to do the actual project. He noted the report recommends the use of CDBG money, but Mr. Beck thought this project should be prioritized through the Commission as are all such projects. He did not suggest the Council should assume this work would be funded with CDBG monies.
    Mr. Janku said he would like to see staff figure out how to move forward with at least one phase of the project during the current budget year. He asked to what extent stormwater and annual street funds could be used. As a last resort, Mr. Janku noted there are still some CDBG monies in the contingency fund.
    Mr. Hutton said he too would like to see the project move forward; however, he pointed out the Columbia Terminal Railroad portion of the report is quite dated. He said some of the things talked about in it have actually happened or been improved upon, excluding the landscaping or the redevelopment of the right-of-way, but several other things. Mr. Hutton remarked that he and Mayor Hindman spoke about some of the specifics of the plan itself, and had questioned whether things like a roadway or a fence were things the railroad people would see as necessary. He indicated they also discussed to what extent Parks and Recreation should work with the railroad folks to develop it as a trail and the associated landscaping issues. Mr. Hutton thought the Council needed to revisit the plan itself. Mayor Hindman agreed.
    Mr. Loveless noted that the railroad crosses College. He believed this might be a great way to link downtown with Albert Oakland Park. Mr. Hutton said that was what he and Mayor Hindman spoke about.
    Mayor Hindman viewed the railroad to be an important public asset and he thought as such, they needed to consider the entire potential public benefit from it. He believed that is why the City should be thinking in terms of the landscaping on it. In addition, he thought a trail would be a wonderful opportunity. Mayor Hindman noted that rails with trails are developing all over the country.
    Mr. Janku said he would not necessarily preclude a fence. Mayor Hindman said he would not either if the standards supports its necessity, although he questioned a basis for it in this situation. Mr. Malon thought the fence was included because of past problems with people parking on the right-of-way. Since then, Mr. Hutton noted things have changed at least on the College to Rogers corridor wherein the railroad people blocked off this area so a car cannot get on the right-of-way. Mr. Malon remarked that the proposal calls for actually opening up part of the street along that corridor. Mr. Hutton wondered about the purpose of the street.
    Mr. Hutton motioned that staff revisit the plan itself and incorporate the ideas proposed and determine what is necessary as far as fence, landscaping, costs, etc. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
 

(E)     Internet Citizen's Advisory Group Report.
    Mr. Beck reported ICAG recommended the adoption of "GoColumbiaMo.com" as the official City web site address.
    Mr. John made the motion that the Council accept and endorse the report.
    Mr. Janku said there had been some question about the Council's web page and the reports being forwarded to the Clerk's Office in a format that can be put on the Internet. It was decided that would be handled under a separate motion.
    The motion made by Mr. John was seconded by Mr. Coffman.
    Mr. Coffman commented that the Internet group had done a really great job in coming up with this idea. He thought it had good marketing appeal and would be easier for citizens to find and remember.
    The motion made by Mr. John, seconded by Mr. Coffman, was approved unanimously by voice vote.
    Mr. Janku made the motion that staff be directed to work on a way to enhance the Council's web page by including reports in an electronic format that can easily be posted to the web. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
 

BOARDS AND COMMISSIONS
    Upon receiving the majority vote of the Council, the following individual was appointed to the following Commission:

DISABILITIES COMMISSION
Falls, Rita R., 1800 McKee - Ward 3 - term to expire 6/15/03
 

COMMENTS OF COUNCIL, STAFF, AND PUBLIC
    Mr. Loveless commented that he had been asked to check into traffic stacking up on Kentucky because of people trying to turn southbound onto Providence Road during rush hour. Mr. Patterson said that Providence Road is not the City's jurisdiction.
    Mr. John noted the Council discussed the possibility of landscaping the Miller parking lot, located between Locust and Elm. He thought if staff only allows reasonable changes to City rules if the City wants them, he has a problem with that. Mr. John asked that City staff give the same level of reasonable thought to ideas presented by other individuals.
    Mr. Janku passed an article to the City Manager about St. Louis and Kansas City obtaining state funds to install energy efficient traffic lights. The lights cost more, but with the grants and the fact that they are replaced less frequently, they seem to pay off. Mr. Janku noted the issue the Council considered at the last meeting relating to a special assessment for a sidewalk in the Bedford Walk Subdivision. He noted the City ended up paying part of the cost for the walk because the developer no longer owned the property. Mr. Janku asked if the agreement the developer executed might somehow be enforceable by the City even though the property was transferred to the homeowners association. He requested that staff report back.
    Mr. Janku commented on the success of Flat Branch Park. He passed along an article about federal clean-up funds that were obtained in Kansas City which were used for some improvements in downtown Kansas City.
    Mr. Janku said he had been at Flat Branch Park on Saturday and had talked to two women getting ready to ride the trail. The women expressed concern about how they were going to get anywhere. Mr. Janku suggested that some directional signs might be needed. Mayor Hindman proposed map boards on both the Stewart and Providence point and at the Trail Head Park.
    Also while at Flat Branch Park, Mr. Janku noticed there is only one 10-hour meter and less than a handful of 4-hour meters. Anyone intending to ride to Rocheport and back probably would not be doing it in less than two hours. He suggested that some of the long-term parking be restored south of Cherry, on the east side of Fourth Street, where cars can pull straight in.
    The meeting adjourned at 10:10 p.m.

                                                                                            Respectfully submitted,

                                                                                            Penny St. Romaine
                                                                                            City Clerk