M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
JANUARY 22, 2002
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Tuesday, January 22, 2002, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members HINDMAN, CRAYTON, HUTTON, LOVELESS, JOHN and COFFMAN. Councilperson JANKU was absent. The City Manager, City Counselor, City Clerk and various Department Heads were also present.
 

APPROVAL OF MINUTES
    The minutes of the regular meeting of January 7, 2002, were approved unanimously by voice vote on a motion made by Mr. John and a second by Mr. Hutton.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    The agenda, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Hutton and a second by Mr. Loveless.
 

SPECIAL ITEMS
Special Recognition of James Hall and Terry Womack, citizens who rescued homeowner from fire at 1904 West Broadway.
    Chief Markgraf described an unfortunate incident which occurred on January 4th of this year at 1904 W. Broadway. He explained that two men, James Hall and Terry Womack, rescued a paraplegic man from the rear porch of a burning house without any regard for their own safety. The men were knocked to the ground several times by explosions, but were able to get to the victim, Victor Landhuis. Chief Markgraf presented both men with a letter from himself, on behalf of the Department, thanking them for their heroic actions and recognizing their efforts. The Chief also recognized Mrs. Landhuis who was present with her family.
    Mayor Hindman presented both men with plaques and thanked them for their unselfishness and truly heroic actions.
    Mr. Beck presented the men with Honorary Fire Chief caps. He thanked them for their service to their community.
 

SCHEDULED PUBLIC COMMENTS
Chip Cooper - PedNet report regarding wheelchair access on West Broadway sidewalks.
    Chip Cooper, 500 Longfellow Lane, on behalf of the PedNet Coalition, explained that he would be showing a video made by Sara Lane, a student enrolled at the University's School of Journalism. Ms. Lane had prepared a mock news report about the condition of the sidewalk along West Broadway. The tape showed the difficulties encountered by Christy Welliver, Chairperson of the Disabilities Commission and a wheelchair user.
    Mayor Hindman asked about the status of the report the Council received relating to West Broadway sidewalks. Mr. Beck indicated the construction of walks in this area depended on the outcome of a policy regarding the payment of such. Currently, property owners are responsible for walks in their front yards, unless the City adds them to the Sidewalk Master Plan or a 50/50 match program is approved by the Council. Mayor Hindman suggested a work session on the topic. It was his feeling that sidewalks are part of the street system.
 

PUBLIC HEARINGS
B406-01     Approving a revision to the C-P/O-P Development Plan of Village Square.
    The bill was read by the Clerk.
    Mr. Beck understood there had been a meeting between staff and the developer to work out the issues that had been brought up at the last meeting
    Mayor Hindman opened the public hearing.
    Craig VanMatre, 1103 E. Broadway, an attorney representing the owner and developer, showed their revised plan using the overhead. He stated the applicant is willing to do exactly what was on the original plan, but believes the proposal before the Council tonight is a betterment to the plan.
    Mr. VanMatre reported that in the original plan, there was supposed to be three sidewalks and two speed bumps. The applicant now proposes to replace and eliminate the speed bumps with a total of three raised sidewalks containing brick-like inserts. He said the walks would function both as a pedestrian crossing and speed calming device. He also described the proposal for the islands and the median.
    Mayor Hindman asked if the planter along Nifong would be at the originally planned width. Mr. Montgomery explained that the original landscape plan showed a four-foot, 200-300 foot long linear median on Nifong with no other form or shape. During the design process, it was found that the median needed to be longer and wider in areas in order to properly channelize the traffic and to protect the left turn pocket for eastbound traffic on Nifong. Mr. Montgomery reported the proposed median is of the same configuration as what is there presently. The change would be to provide landscaping in most of the western portion of it.
    Mr. John asked about the crosswalks and whether or not the original plan called for them being raised. Mr. VanMatre remarked that two weeks ago the proposal called for two raised crosswalks, and today the applicant has agreed to three. He thought the original plan called for the walks to be flush with the street. Mr. Montgomery interpreted the original drawing to be two raised pedestrian crossings, two raised speed humps and two painted crosswalks, possibly three.
    Mayor Hindman understood this latest proposal would provide for three raised instruments with all of them being sidewalks. Mr. VanMatre replied that was correct, with brick imprints in the middle of them. He said originally they were going to be asphalt, but this more expensive treatment will make them more attractive.
    Mayor Hindman closed the public hearing.
    Mayor Hindman wondered whether the current proposal would meet the expectations of the neighborhood. He believed the new plan had some positive merits. Mr. Coffman agreed that this plan was an improvement from the last meeting.
    Mr. John expressed uncertainty about the proposal and said it was difficult to determine whether or not the drawing provided this evening was equal to the original commitments. He did not have a clear understanding of what he was looking at and he was disappointed in the response. Mr. John contended the project should have been done correctly the first time. Because he was unsure of the current proposal, Mr. John said he could not support the request.
    Mayor Hindman understood the landscaped median could not be done as originally planned because of traffic considerations. Mr. Montgomery said that was correct.
    Mr. John asked about the plantings selected for the median. Mr. Montgomery reported the City arborist reviewed the list of landscape materials for the xeroscape design and is comfortable with the selection. Mr. John asked if staff would do a follow-up inspection to ensure the planter contains enough dirt. If approved by Council, Mr. Montgomery said the developer would have the consultant submit a plan showing the section of this center median and its landscaping. He confirmed the arborist would inspect the work to make sure it is done properly.
    Mayor Hindman asked about the dimensions of the triangle next to the median on Nifong. Mr. Montgomery replied that it has not been designed to date, but stated it would have to be laid out based on shoulder and travel lane dimensions. Mayor Hindman believed that it would be wide enough for landscaping. Mr. Loveless agreed, but noted the concern that because of the width of the turning lane, vehicles would run over it.
    Mr. John could accept the three raised crosswalks with pavers, but he was still uncertain on the landscaping in the median. He suggested tabling the issue for two weeks in order for the developer to meet with staff and himself so as to further explain the current proposal.
    Mr. Loveless asked when the median on Nifong is redesigned for landscaping, whether it would be taken out and redone, or if the eastern end would be left in place. Mr. Montgomery explained that the latest proposal would leave the eastern portion in place and the western end would be taken out in its entirety. In reference to the eastern island by the drug store parking lot, Mr. Loveless questioned whether it could be made of a smaller dimension, thus making the turning lanes wider. He believed under this scenario, the island could be landscaped and there would be a greater assurance that vehicles would not run onto it because of the wider turning lanes. Mr. Montgomery responded that could be done as the island has yet to be designed. He said the outside three feet around the island could be hardscaped and the inside landscaped -- similar to a truck apron with landscaping in the center.
    When this plan was originally considered by the Council, Mr. Loveless understood the neighbors were willing to compromise for a visually attractive, pedestrian safe development. Mr. John did not believe it was ever acceptable to anyone, but it was what the Council promised they would get. Mr. Loveless said if the Council can fulfill that promise, whether or not the particulars are precisely as originally planned, he thought they were headed in the right direction. He did not want to hold the developer up, but he concluded Mr. John was on the right track as far as working out the details.
    Mr. VanMatre reiterated that if the Council wanted the applicant to do what was originally planned, they would do it. He noted that he met with residents of the Villas II Homeowners Association, the neighborhood immediately north of the development, and they supported the changes. Mr. John pointed out that Association accepted the plan to begin with, but there are two others who were opposed to the original plan.
    Mr. John made the motion that B406-01 be tabled to February 4, 2002, meeting. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
 

B1-02     Rezoning property located on the south side of West Worley Street, approximately 375 feet east of
               Bernadette Drive from C-1 to C-P; approving the C-P Development Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck explained both staff and the Planning and Zoning Commission recommended approval of the rezoning request and plan for this 3.6 acre tract.
    Mr. Dudark noted that the storm water management plan was approved by the Public Works Department as well.
    Mr. John asked about the screening between this lot and the School District property which is zoned residential. Mr. Dudark did not know the particulars, but pointed out the City arborist approved the landscaping plan. It was ascertained the screen would provide 80 percent opacity and would be eight-feet high.
    Mayor Hindman opened the public hearing.
    David Rogers, an attorney with offices at 813 E. Walnut, spoke on behalf of Joe Machens Ford and Shelter Insurance Company. He explained that the property is located directly across Worley Street from the existing Machens facility. He said the facility will be used for a leasing/detailing/general car facility with an 8,100 square foot building attached to it. Mr. Rogers noted that there had been no opposition to the plan from the Planning and Zoning Commission.
    Mayor Hindman commented that there would be a lot of asphalt. Mr. Rogers responded this was a car dealership. He reported there will be landscaping within the parking lot. Mr. Dudark said the proposal meets the 15% landscaping requirement.
    Mr. John understood that the normal parking lot landscaping would not apply to car lots. Mr. Dudark said that was correct. Mayor Hindman thought the Council may want to look into that in the future.
    Mayor Hindman closed the public hearing.
    B1-02 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: JANKU. Bill declared enacted, reading as follows:
 

OLD BUSINESS
R12-02     Authorizing an amendment to the agreement with The Curators of the University of Missouri for use
                 of the Simmons Field Baseball Facility.
    The resolution was read by the Clerk.
    Since this issue was tabled, Mr. Beck noted that there have been several meetings with the University, the neighborhood association and City representatives. The neighborhood's concerns were discussed in regards to lighting, noise and parking. The primary agreement would be between the University and any minor league interests, but if a three-way agreement is desirable at a later date, it could be considered at that point in time.
    Mayor Hindman suggested that the Council give authorization to the City Manager to sign an agreement that would yield the City's use of the field provided he is satisfied that the agreement between the ball club and the University meets the issues raised by the neighborhood. He noted the University has given assurance that would be the case.
    Mr. Boeckmann indicated the resolution could be modified to authorize the Manager to enter into a three-way agreement that incorporates the same terms. Mayor Hindman stated he preferred authorizing the Manager to sign the agreement, but not direct him to until he is satisfied with the rest of the arrangements. Mr. Boeckmann said the resolution would not have to amended to do that.
    Mr. John noted that he had spoken with the president of the homeowners association today to verify his feelings on the meetings with the University. He reported that residents are very supportive of the University, but the concerns were that the ballfield will be running a lot more nights than it was before which raised issues in regards to noise and lighting. Mr. John commented the neighborhood wanted some assurances from the University that they would look into those concerns and try to modify or mediate those issues as much as possible. He stated residents believed things were on the right track and that the University will follow-up on the concerns. Mr. John supported the Council authorizing the City Manager to sign the agreements once he is satisfied that things are as presented.
    Rick Jackson, a pharmacist at the VA Hospital, asked the Council to delay their final decision on the agreement as the leagues proposed for Simmons Field are not minor league in the nature that they are affiliated with any major league ball club. He reported that he attended an independent team game, which is what is proposed for Columbia, and there is no comparison between the level of play between the two. Mr. Jackson suggested the Jefferson City group be considered for bringing in a minor league team.
    Gary Wendt, explained that he and his associate spoke at the last meeting and had passed out information. He offered to answer any questions.
    Regarding the last speaker, Mr. Wendt noted that he is not a professional baseball scout, but said his associate, Jack Donovan used to be. He assured the Council that the quality of play in the Frontier League or the Texas Louisiana League is on a par with single A baseball. He noted in the last couple of years, that over 20 individuals from the Frontier League have been signed by major league ball clubs. Mr. Wendt also noted that minor league baseball is a different experience than major league baseball in that it is more affordable for families. He said a minor league could be a positive contribution to the quality of life and entertainment for residents of Columbia.
    There was additional discussion among the Council in regards to amending the resolution. Mr. Boeckmann suggested amending the resolution to add a Section 2 to read as follows: "The City Manager is further authorized to execute a three-party agreement with the University and a professional baseball team which incorporates the essential terms of "Exhibit A"."
    Mr. Loveless made the motion that R12-02 be amended per the language suggested by Mr. Boeckmann. The motion was seconded by Mr. John and approved unanimously by voice vote.
    The vote on R12-02, as amended, was recorded as follows: VOTING YES: HINDMAN, CRAYTON, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: JANKU. Resolution declared adopted, reading as follows:
 

B2-02     Approving the final plat of Mohr Subdivision.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this 1.62 acre tract is located on the north side of East Texas and about 400 feet east of North Garth Avenue. Approval was recommended on a 5 to 2 vote from the Commission with the condition that the driveway be 18-feet wide. He said Mr. Janku had voiced concerns about a duplex, but understood that was not the applicant's intention. Mr. Beck noted staff recommended approval of the request.
    Kenny Mohr, 450 W. Bottner Road, explained that he is one of the property owners of the subject site. He reported this request was initiated primarily to resolve problems associated with a land-locked piece of property. He spoke to Mr. Janku about the vacant lot (Lot 3), and he assured Mr. Janku that a duplex was not his intent. Mr. Mohr pointed out his engineer was doubtful that the lot was even big enough for a duplex.
    Mayor Hindman asked Mr. Mohr if he would accept the condition that the lot would not be used for a duplex. Mr. Mohr said he would accept that. Mr. Boeckmann noted the Council could probably add that as a condition, but reported the proper thing to do would be to rezone the tract to R-1.
    Mr. John commented that he had no problem with the 18-foot wide driveway, but he did not understand the requirement of building it to the thickness standard of a residential street. Mr. Moore agreed that was excessive. Mr. Dudark explained the reason for the extra thickness of the street was to accommodate fire trucks when accessing the rear property. Mr. John asked if the drive would be broken up if a fire truck had to use it once. Mr. Beck said it could if it was in the spring because of the freezing and thawing. He explained this standard was included in the ordinance as a requirement for tier lots.
    Mayor Hindman asked about trash pick up on a tier lot. It was ascertained the trash would be picked up from the curb of the main street. Mr. Montgomery confirmed that statement -- refuse trucks would not go up to the tier lot.
    Bill Crockett, Crockett Engineering, explained that the area zoned R-2 is not of sufficient size to comply with the ordinance and the 10,000 square feet lot requirement for a duplex dwelling. He reported the R-1 lot is a little over 10,000 square feet, but less than 50% of the lot is actually R-2. In order to get an R-2 structure in there, he indicated a rezoning or conditional use would be required. Mr. Crockett stated there should not be any building permit issued on Lot 3 other than for a single family dwelling. Mr. Boeckmann agreed.
    Mr. John remarked the applicant is trying to rectify the problems associated with the land-locked lot. He noted there are existing homes on two of the lots. Mr. John did not think it was necessary to require that the driveway had to be constructed to residential street standards in regards to thickness. In addition, he did not agree that the addresses should have to be clearly marked before an occupancy permit is issued.
    Mr. John made the motion that B2-02 be amended by striking the first condition, and then change the second condition to allow permanent address signs at the driveway entrances.
    Mr. Hutton remarked that he could support the change to the second condition, but not the removal of the street thickness requirement. Mayor Hindman suggested that Mr. John make separate motions for each issue.
    Mr. John made the motion that B2-02 be amended by striking the thickness requirement. The motion was seconded by Mr. Loveless.
    Mr. Hutton remarked that if the Council supported this motion, they would be granting a variance to the subdivision regulations. He stated that he was on the Council when the regulations were passed, and although he is not an expert on the issue, this requirement was included after an impassioned plea by the Fire Department. Mr. Hutton pointed out that much thought had gone into the passage of this ordinance. He said the driveway may very well not break-up under the weight of a large fire truck, but asked what would happen if it could not make it to a fire. He questioned whether the Council was willing to take that chance.
    The motion made by Mr. John, seconded by Mr. Loveless, failed by voice vote.
    B2-02 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: JANKU. Bill declared enacted, reading as follows:
 

B8-02     Authorizing a right of use permit with Missouri Network Alliance, LLC to run an underground fiber optic
               line within City right-of-way.
    The bill was given second reading by the Clerk.
    Mr. Beck reported that recent state legislative action allows different utilities to run lines in street rights-of-way. Prior to the legislation, the City could charge a fee of $1.91 per foot per year for the use of the right-of-way. He explained the request to run approximately 1.2 miles of fiber optic line from Business Loop 70 southward along Seventh Street to the Verizon headquarters downtown.
    Mayor Hindman asked if the City overhead lines could be buried in conjunction with this project. Mr. Malon guessed that the fiber optic line would be directionally bored within a four-inch conduit. He stated the sidewalk will not be torn up as part of the project. In order to bury City lines, we would have to put in multiple six-inch conduit lines which would require trenching. He said it could be done, but it would be very expensive. Mr. Malon noted that in the Seventh Street area, the primary lines are already underground (they run east and west through the alleys). Mayor Hindman indicated it is important for the City to consider the possibility of undergrounding in conjunction with these types of projects.
    Max Huffman, Chief Operating Officer for Missouri Network Alliance, LLC, reported that the state statute now gives cities 31 days to respond to a request for a permit. He pointed out that this particular permit was filed on November 30th, 2001. Mr. Huffman explained they need to get the route constructed and added that they had looked at every alternative to minimize disruption to the City of Columbia. He confirmed that no trenching will occur.
    B8-02 was given third reading with the vote recorded as follows; VOTING YES: HINDMAN, CRAYTON, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: JANKU. Bill declared enacted, reading as follows:
 

B16-02     Authorizing a lease agreement with the Columbia Public Library for the display of La Colomba;
                 appropriating funds.
    The bill was given second reading by the Clerk.
    During the construction of the Library, Mr. Beck explained it had been necessary to move the sculpture to a different location on a temporary basis.
    Dave Griggs, 6420 Highway VV, Chair of the Commission on Cultural Affairs, introduced Randy Gray, a member of the Commission and also the Chair of the Standing Committee on Public Art.
    Randy Gray, 403 S. William, reported on the Committee's recommendation to install the La Colomba sculpture at the Columbia Public Library. The proposed plan is to place the sculpture on the north side of Broadway in a space that will be part of their parking facility. The sculpture will sit almost directly across from where it was for more than 20 years. Mr. Gray explained the process that had occurred before the final recommendation was made. He thanked the Council for their support of public art in Columbia.
    Eleanor Barrett, spoke on behalf of the Columbia Public Library expansion project. She thanked everyone for their support and assistance through this process. Ms. Barrett explained the plan to incorporate design elements and materials throughout the site to create a landscaped plaza along the north side of Broadway. She discussed the lighting and landscaping plan for the site.
    Bill Bondeson, 1907 S. Fairview Road, explained that he was on the Arts Commission when La Colomba was commissioned. He spoke in favor of the recommended site for the sculpture.
    B16-02 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: JANKU. Bill declared enacted, reading as follows:
 

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

B3-02     Vacating easements within Lots 32 and 33 of Timberlane Subdivision, Plat 2.
B4-02     Approving the final plat of Timberlane Subdivision, Plat 3, a replat of Lot 33 and part of Lot 32 of
               Timberlane Subdivision, Plat 2 and part of Lots 1 and 8 of Timberlane Subdivision.
B5-02     Vacating a sewer easement within Shelter North Subdivision.
B6-02     Approving the final plat of Shelter North Subdivision, Plat 2, a replat of Shelter North Subdivision.
B7-02     Amending Chapter 14 of the City Code to establish a user fee for replacement of magnetic entry cards
               for the municipal parking plaza.
B9-02     Accepting easements for drainage, street, sidewalk, sewer and utility purposes.
B10-02   Accepting a deed of dedication; approving the engineer's final report; authorizing payment of differential
               costs for construction of water main serving Arcadia, Plat 6.
B11-02   Amending the agreement with Sverdrup for water system improvements; appropriating funds.
B12-02   Accepting easements for utility purposes.
B13-02   Appropriating funds for the Tourism Development Festival and Events Program.
B14-02   Authorizing an agreement with Boone County for JCIC clerical services.
B15-02   Appropriating revenue from the sale of a fire department truck for the purchase of fire fighting equipment.
R13-02   Setting a public hearing: special assessments against property benefitted by public improvements made
               to Fourth Avenue.
R14-02   Setting a public hearing: construction of sanitary sewers in Sanitary Sewer District No. 144 (Mexico
               Gravel Road).
R15-02   Setting a public hearing: improvements to entry roads and parking lots of Kiwanis Park and
               Cosmo-Bethel Park.
R16-02   Setting a public hearing: improvements to Indian Hills Park.
R17-02   Setting a public hearing: voluntary annexation of property located on the south side of State Route K,
               approximately 350 feet east of the intersection of State Route K and Old Village Road.
R18-02   Authorizing the City manager to sign Principles of Cooperation with the Missouri Department of
               Transportation.
R19-02   Authorizing a grant application to the Missouri Humanities Council to support the Community Study
               Circles Program.

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

NEW BUSINESS
R20-02     Authorizing acceptance of a Domestic Violence Enforcement Grant from the Missouri Department of
                 Public Safety.
    The resolution was read by the Clerk.
    Chief Boehm noted that this is the fifth consecutive year the City has been approved for the DOVE Grant. This federal grant amounts to $85,500 and is administered through the State of Missouri. He explained the funding is multi-jurisdictional and allows the Columbia Police Department to hire two full-time detectives and the Boone County Sheriff's Department one deputy to work exclusively on domestic violence cases, as well as a liaison from the Boone County Prosecuting Attorney and The Shelter. Chief Boehm said the partnership has worked very well. He reported the funding was approved in the FY02 budget by the Council. Chief Boehm indicated that in 2001, this unit investigated a total of 1,397 cases of domestic violence in the city and county.
    Mayor Hindman commented that at one time when there was a series of domestic violence incidents, he considered creating a Domestic Violence Task Force. After meetings with individuals involved in dealing with these type cases, he became satisfied that Columbia, Boone County and the service agencies were really doing a terrific job. Those that investigated the situation had found that this community is way ahead of the curve on this terrible problem.
    The vote on R20-02 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: JANKU. Resolution declared adopted, reading as follows:
 

R21-02     Authorizing a lease agreement with Coffee House Café, L.L.C. for operation of a restaurant at the
                 Columbia Regional Airport.
    The resolution was read by the Clerk.
    Mr. Beck said staff was pleased to find someone who is willing to operate the restaurant at the Airport again. The agreement will provide for a one year lease with four additional one year renewals. The lease payments will total $5,432 per year based on square footage uniformly charged in the terminal building.
    Mr. Coffman commented that this company provides snack services in his office building and they do a good job.
    The vote on R21-02 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: JANKU. Resolution declared adopted, reading as follows:
 

R22-02     Approving the preliminary plat of B and B Crossings.
    The resolution was ready by the Clerk.
    Mr. Beck noted that this 30-acre tract creates eight lots, one of which will be used by the City of Columbia for the terminal railroad facility. Approval has been recommended by both the Planning and Zoning Commission and staff. The property is located along Route B and Brown Station Road, north of the railroad tracks that cross Route B.
    The vote on R22-02 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: JANKU. Resolution declared adopted, reading as follows:
 

R23-02     Approving the preliminary plat of Auburn Hills; granting a variance to the Subdivision Regulations.
    The resolution was read by the Clerk.
    Mr. Dudark noted that this 200 acre tract is located on the east side of Rangeline and north of Brown School Road extended. The Commission recommended approval. He described the proposed layout using the overhead. It is a mixed use development with single family, PUD, M-C and C-P. He explained the plans to extend Brown School Road. Mr. Dudark pointed out the proposed road off of Brown School that will separate the residential tracts from the commercial area. He discussed an extensive plan for green space trail easements that follow the Cow Branch to link the subdivision to the common area.
    Mr. Dudark discussed the street connection issue that had been raised. Rather than connecting streets, creating the tendency for cut-thru traffic through the residential area, an emergency access is being proposed. He said the Fire Department is working with the engineer and the developers and they have reached a consensus to create a 15-foot wide access way through the area with two six-foot wide concrete strips for vehicles to drive on and a three foot green space separating the two strips. Mr. Dudark reported it would be more or less a paved access way/pedway connecting the residential area to future business/commercial zoning to the west.
    Mr. Dudark spoke about the variance request in relation to Derby Ridge Road. He explained a new street will be extended to the north to provide neighborhood collector access. He stated current requirements call for a 38-foot wide paved street. The proposal is for a 30-foot wide road with a 10-foot pedway on one side and a five-foot sidewalk on the other side. Parking would be prohibited on this street. Mr. Dudark pointed out where the interior parking would be for the PUD.
    Mr. John asked about the purpose of the design for Brown School Road. Mr. Dudark replied that it is a major arterial and part of the northern loop for the Major Transportation Plan. He said the design is to have a median with green space to separate the travel lanes. More than likely, he guessed it would be constructed in phases so it would be compatible with the residential character of the neighborhood. Mr. John asked where the road goes. Mr. Dudark explained that it exists in pieces right now and it will eventually connect to Stadium to the west, and connect with Brown School and then around to the north and back to the east to Route PP/Ballenger Lane. Mr. John asked if it would connect through Stadium to the Blackfoot Road extension. Mr. Dudark replied affirmatively.
    Mr. John agreed with the narrowing of the street because there will be no parking, but he was a bit concerned after watching the PedNet presentation to the Planning and Zoning Commission. He indicated that bicyclists who cycle for transportation do not want to be pushed off onto sidewalks. Mr. John was concerned about getting the cart before the horse in approving this pedway and a sidewalk when the Council has not taken public comments at a hearing. He was not sure the appropriateness of such without looking at the entire matrix to be submitted from the Public Works Department.
    Mayor Hindman said the other side of the issue is that this is a developer who has come up with some good ideas, and the fact that the Council has not yet established guidelines should not stand in the way of this noble and worthy experiment. He did not agree that if there is a pedway the bicyclists should not be on the street. Ideally, Mayor Hindman thought a street should be wide enough to have striped bicycle lanes in addition to a pedway. He thought that people would support this concept and it would sell houses.
    Mr. Beck agreed with Mr. John in that the City needs to work as quickly as possible in getting a policy developed so these types of projects are not designed one at a time. He was not opposed to pedways, but believed the Council needed to pass an ordinance to keep bikes off narrow streets.
    Mr. John asked about the lane width on a collector street. Mr. Montgomery replied that the lane width is usually 11-feet. Mr. John noted if necessary, the Council could remove parking on this 30-foot wide street and then bike lanes could be striped.
    The vote on R23-02 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: JANKU. Resolution declared adopted, reading as follows:
 

R24-02     Authorizing the sale of Water and Electric System Revenue Bonds.
    The resolution was read by the Clerk.
    Ms. Fleming explained that the bonds will be priced on February 4th and bids will be taken at 11:00 a.m. The bids can be submitted either in person, over the phone, or over the Internet. Mr. Fleming noted this is the remaining amount of bonds approved in April of 1997.
    The vote on R24-02 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: JANKU. Resolution declared adopted reading as follows:
 

R25-02     Authorizing an agreement with The Curators of the University of Missouri in connection with the EPA
                 Clean Water Act Phase II Storm Water regulations.
    The resolution was read by the Clerk.
    Mr. Beck noted the amount of this agreement with the University is $49,419 and would be funded through the Storm Water Utility.
    Mr. Montgomery explained that this would be the third year the City has entered into a Community Storm Water Services Agreement with the University. He noted the University has supplied a fairly detailed list of some of the accomplishments during this past year in providing educational information to citizens and groups throughout the community. Mr. Montgomery indicated the University expects to continue these activities and nurture the partnerships.
    Gail Plemmons, 17 Aldeah, explained that she has been involved for two years with the Flat Branch Creek Protection Committee. She confirmed University staff has been helpful in preparing maps, helping with demonstrations at the Twilight Festival, communicating with Public Works personnel, and educating the public. She spoke of her support for renewal of the agreement. Ms. Plemmons asked those in favor of extending the agreement to stand. Approximately 20 people stood in support.
    Maura Browning, Director of Government Affairs for the Chamber of Commerce, indicated the Chamber normally supports collaboration with the University and would ordinarily be in favor of continuing this type of project. She reported that the Chamber's Government Affairs Committee has held several meetings to discuss storm water. In July of 2000, Ms. Browning stated that the Chamber sent several letters to the Council requesting that a task force be established to begin the public process. She said a task force was to be appointed by the Mayor as approved by the Council in October of 2001. At the December 17th meeting, Ms. Browning indicated that Mayor Hindman said he was working with Karen Miller to appoint a joint City/County Task Force. She stated the additional $49,419 which would be appropriated by this resolution would bring the total spent for City collaboration with the University to nearly $150,000. She pointed out another $12,000 has been spent for a draft ordinance. Ms. Browning voiced the Chamber's concern about this money being appropriated before the task force is appointed to make recommendations on these types of expenditures. She asked that the resolution be tabled until the task force can make a recommendation.
    Mayor Hindman had hoped to have appointed a task force by now, but said it was hard work and he just had not gotten it done. He is still working on it and would try to do it as promptly as possible.
    John Clark, 403 N. Ninth, spoke on behalf of the Flat Branch Stormwater Partnership. He understood the federal government's charge in regards to community education and civic participation. He supported continuation of the agreement.
    Dean Anderson, 4001 Hyde Park, President of the Mill Creek Partnership, also spoke in support of continuing the agreement.
    Tom Moran, 413 W. Walnut, Chairperson of the Osage Group of the Sierra Club, encouraged the Council to continue funding for this project.
    Karl Skala, 4201 Gasconade, a member of the Watershed Partnership with the Hominy Branch group, said the partnership is very valuable to the community. He asked the Council to support the continuation of it.
    Alyce Turner, 2194 E. Bearfield Road, a member of the Clear Creek Neighborhood Association, explained that her neighborhood is near Rock Bridge State Park. She was supportive of renewing the agreement.
    Mr. John thought a lot of the activities, the stream clean-ups and the educational activities to be excellent, but he is concerned about a particular viewpoint being presented. Although there are many ways to manage stormwater, he said only the impervious surface standards are being promoted. Mr. John wanted to ensure that process is not continued into the next year.
    Mayor Hindman noted that when reviewing the list as to what has been accomplished thus far, he believed this was giving people an opportunity to learn about streams and to evaluate what the task force recommends to the Council. He thought the input provided by people living near watersheds would be much more substantial if this project is continued.
    Mr. Coffman spoke in support of the partnership. He was hopeful Mr. John's concerns would be taken into account and encouraged people with other views to get involved. Mr. Coffman noted there are plenty of opportunities to get involved with these projects.
    Mr. Loveless thought the effort to be worthwhile, but was concerned as to how many people are being reached. He explained that he has an interest in properties both in the city and county and he has never been contacted in regards to this project. Mr. Loveless did not believe the message is as widespread as one might think.
    In reference to sub-sections d, e and f within the proposed agreement, Mr. John thought the task force should be involved with these issues as they relate directly to the kind of standards the City will eventually adopt. He reiterated his apprehension that only one point of view is being funded.
    The vote on R25-02 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, HUTTON, LOVELESS, COFFMAN. VOTING NO: JOHN. ABSENT: JANKU. Resolution declared adopted, reading as follows:
 

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

B17-02     Authorizing Change Order No. 1; approving the engineer's final report; levying special assessments
                 for the Fourth Avenue project; appropriating funds.
B18-02     Appropriating funds for the purchase of Paratransit scheduling software.
B19-02     Authorizing a right of use agreement with Chariton Valley Long Distance Corporation to install fiber
                 optic cable within city right-of-way.
B20-02     Amending Chapter 14 of the City Code to prohibit parking at the Nowell's building at Worley and West
                 Boulevard North.
B21-02     Calling for bids for construction of improvements to roadways and parking lots at Kiwanis Park and
                 Cosmo-Bethel Park.
B22-02     Calling for bids for construction of improvements to Indian Hills Park.
B23-02     Accepting a deed of dedication; approving the engineer's final report; authorizing payment of differential
                 costs for construction of water main serving Vanderveen Crossing, Plat 4.
B24-02     Accepting a deed of dedication; approving the engineer's final report; authorizing payment of differential
                 costs for construction of water main serving Vanderveen Crossing, Plat 6.
B25-02     Accepting a deed of dedication; approving the engineer's final report; authorizing payment of differential
                 costs for construction of water main serving Vanderveen Plaza, Plat 2.
B26-02     Accepting easements for water utility purposes.
B27-02     Rezoning property located on the south side of Monroe Street, approximately 135 feet west of Old
                 Highway 63, from R-3 to O-P.
B28-02     Approving the final plat of Meadow Lane Estates, a replat of part of Lot 14 of Garth's Addition to the
                 city of Columbia.
B29-02     Approving a replat of Lot 10 of Sedona Villas, Plat 1.
B30-02     Amending Chapter 7 of the City Code relating to Civil Defense and Emergency Operations.
B31-02     Authorizing issuance of Water and Electric System Revenue Bonds.
 

REPORTS AND PETITIONS
(A)     Access to Residential Subdivisions.
    Mr. Beck explained that the Council had asked the staff to look at the access points in subdivisions containing in excess of 100 lots.
    Mr. Hutton made the motion that the report be referred to the Planning and Zoning Commission for a public hearing so they can provide a report and recommendation on such a change to the ordinance. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
 

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

(C)     Chronic Nuisance Property Ordinance.
    Mr. Hutton did not think the draft presented to the Council should be placed on the agenda for a public hearing. He asked that it be referred back to the staff for possible "tweaking". Mr. Hutton explained that the people originally proposing such an ordinance believed that in its current form, it would not be helpful.
    Mayor Hindman suggested that Mr. Hutton talk with the concerned people and then the Council could discuss it at a work session. Mr. Hutton concurred and asked that the report be accepted at this point.
    Report accepted.
 

(D)     Downtown Historic Street Lights - SBD's Proposed Revision.
    Mr. Beck explained that the Council had approved a plan that showed a lower, historic looking street light, but since that time the SBD has submitted a revised plan. This plan would use the same standards (they would be painted black), but the fixture would be changed to include two lights per pole to provide better pedestrian lighting.
    Mr. John made the motion that the Council approve the revised fixtures as requested. The motion was seconded by Mr. Loveless.
    After the first proposal was approved, Mr. Hutton said there were e-mails flying back and forth about the design of the light. He assumed the current design would direct the light downward.
    Mayor Hindman noted that two very knowledgeable people on the subject met with the SBD and this is the treatment they recommended.
    Mr. Malon remarked that the existing fixtures are very efficient, but some do not like the appearance of these lights. He confirmed that the proposed fixtures will do just as good of a job, if not better, than what is there now.
    The motion made by Mr. John, seconded by Mr. Loveless, was approved unanimously by voice vote.
 

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

COMMUNITY DEVELOPMENT COMMISSION
Stokes, Shannon J. D., 3400 Mexico Gravel - Ward 3
 

COMMENTS OF COUNCIL, STAFF, AND PUBLIC
    In reference to the earlier action this evening pertaining to the approval of the car leasing lot, Mayor Hindman thought landscaping requirements for lots such as these should be reviewed.
    Mayor Hindman made the motion that staff look into the situation and report back on the issue. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    Karl Skala, 5201 Gasconade, complimented all of the people that worked together on the downtown lighting issue.
    John Clark, 403 N. Ninth, commented that the chronic nuisance ordinance needed more work. He thanked the Council and staff for taking it up so quickly. Mr. Clark urged the Council to adopt a policy on orderly process in reference to last minute information being presented to the Council.
    The meeting adjourned at 10:15 p.m.

                                                                                                Respectfully submitted,

                                                                                                Penny St. Romaine
                                                                                                City Clerk