M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
JULY 15, 2002
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, July 15, 2002, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, and LOVELESS were present. Mr. COFFMAN 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 July 1, 2002, were approved unanimously by voice vote on a motion by Mr. Hutton and a second by Mr. Loveless.
 

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. John and a second by Mr. Hutton.
 

SPECIAL ITEMS
    Mayor Hindman congratulated Ms. Crayton on being presented with the Jordan McNeal Award at a recent Legislative Black Caucus meeting in Branson. He noted she received the award for her work as a Councilperson and because of her grassroots activities in the community.
 

Cosmo Club Donation to the Activity & Recreation Center (ARC)
    Bruce Coble, president of the Cosmo Luncheon Club, presented the City with checks totaling $31,250 to go towards the construction of the new recreation center. Mayor Hindman thanked the Club for this donation and noted that this was just one in a long series of things the Cosmo Club has done for the City of Columbia and the Parks and Recreation Department.
 

SCHEDULED PUBLIC COMMENTS
    None.
 

PUBLIC HEARINGS
B230-02     Voluntary annexation of property located south of I-70 Drive Southeast, approximately 120 feet east
                   of Upland Creek Road; establishing permanent A-1 zoning.
    The bill was given second reading by the Clerk.
    Mr. Beck noted approval of the zoning request is being recommended by both the staff and the Planning and Zoning Commission. He explained that this approximate nine acre tract is located in northeast Columbia.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Hutton made the motion that B230-02 be amended per the amendment sheet. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    B230-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

B233-02     Approving the Lutheran Senior Services O-P Development Plan.
    The bill was given second reading by the Clerk.
    Mr. Dudark noted that this item had been before the Council earlier as a zoning application, at which time the O-P designation was approved. He said there had been a stipulation that no more than 30% of the total tract, including an off-site conservation easement, be covered with impervious surfaces. The plan before the Council meets that requirement as the impervious areas are shown to be slightly under 30%. He pointed out a request for an amendment to the bill which would add a slight increase in the total square footage, about 1%, making the total building area 303,053 square feet. Mr. Dudark related that the Planning and Zoning Commission recommended a condition that prior to any approval of the final plat, a payment be made to the City in the amount of $29,682 for improvements to Bearfield Road.
    Bill Crockett, an engineer with offices at 2608 N. Stadium, spoke on behalf of the Luther Senior Services of St. Louis regarding the Columbia Elder Care Project. He noted that all of the conditions placed on the zoning have been incorporated in this plan. He explained how they were going to handle storm water runoff and said that best management practices have been incorporated wherever possible. Mr. Crockett reported that peak storm water run-off from the site will be reduced to what currently exists, some as much as 50%. He also explained how the applicant will control the use of pesticides. Mr. Crockett indicated that Lutheran Senior Services is in total agreement with the requirement for road improvement funds. He said this stipulation will be in place when the final plat comes forward.
    Joe Kunkemiller, Director of Development for Lutheran Senior Services of St. Louis, passed out copies of a site plan for the approximate 23 acres. At this time they are uncertain of the phasing of the project, but believed it would begin with assisted living along with some independent living. Upon completion, Mr. Kunkemiller explained the facility will house approximately 60 skilled nursing beds, about 90 assisted living (residential care) units, as well as 144 independent apartments and 48 duplex units.
    Mayor Hindman closed the public hearing.
    B233-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

B234-02     Amending Chapter 29 of the City Code to establish a Planned General Industrial District.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the Council had asked staff to draft an ordinance to create a planned general industrial district. After review and public hearing, the Planning and Zoning Commission recommended against the proposed revision to the zoning ordinance. Mr. Beck commended the Planning staff for an excellent job in addressing the issues of concern. If adopted, he said it would be a typical planned district that would require a public hearing on a proposed site plan. Although this new district would include a broad range of industrial/commercial uses, the Council could limit the type of uses approved for any planned area.
    Mr. Janku spoke about an amendment he is proposing that relates to screening wherein the Council will have the discretion to require additional screening.
    Mayor Hindman noted the criticisms of the Commission and asked Mr. Dudark to explain current options and what this new zoning district will provide.
    Mr. Dudark explained there are three industrial districts an applicant can apply for. The M-R district is a very controlled district with all of the uses and activities having to be contained inside a building. There is a very limited list of uses that can be applied for with an M-R zoning designation. The M-C district is an open district and has the same uses as M-R, but is not as broad as the third district, the M-1 general industrial district. An M-P district would allow an applicant to apply for a broader list of uses and still incorporate a planning process. There could be conditions attached to approval of the site plan that is not available to the Council in the M-1 district.
    Although an M-P district would be more flexible than the M-1, Mr. John said it actually allows for more control where none existed before. He said this proposed district would bring things in line with the other City planned districts.
    Mayor Hindman opened the public hearing.
    There being no comment, Mayor Hindman closed the public hearing.
    Mr. Janku made the motion that B234-02 be amended per the amendment sheet. The motion was seconded by Mr. John and approved unanimously by voice vote.
    B234-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

B235-02     Changing the name of the semicircular segment of Sunflower Street located at the southern end of
                   Sunflower Street to Sunflower Circle.
    The bill was given second reading by the Clerk.
    Because of the reconstruction of Sunflower Street and the removal of the sharp curve, Mr. Beck said a new street name was needed for a small segment. The staff and Commission recommended approval of the name change.
    Mayor Hindman opened the public hearing.
    There being no public comment, Mayor Hindman closed the public hearing.
    B235-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

B236-02     Rezoning four tracts of property located on the north side of I-70 Drive Northwest, west of Garden
                   Drive from A-1 and C-P to R-2 and M-R.
    The bill was given second reading by the Clerk.
    Mr. Dudark described the request for this 12.5 acre area. He stated the applicant has requested R-2 zoning on Tracts A and B, and M-R zoning for Tracts C and D. The Planning and Zoning Commission supported the R-2 request, but recommended that conditions be placed on the M-R request. One recommendation is that the list of uses be limited to administrative and professional offices, commercial storage and distribution warehouses, mechanical and construction contractors, public utility buildings and service facilities and accessory structures. The second condition is that at the time a development plan is prepared for Tract D, which abuts a residential district, the plan include a landscaped buffer a minimum of 50 feet up to a maximum of up to 150 feet in width along the north side of this tract.
    Mayor Hindman opened the public hearing.
    Gus Moosmann, 3009 I-70 Drive NW, stated he was not opposed to the criteria being recommended by the Commission. Because of the proximity of I-70, he believed commercial property is more appropriate on Tracts C and D. Mr. Moosmann noted the plan to leave the buffer at the north end of Tract D which abuts Apple Valley Court. In regards to some power poles that are located in the path of where the City is proposing the construction of a new road, he had been given an estimate that it would cost between $2,000 and $3,000 for these poles to be removed. Mr. Moosmann reported he would be willing to donate towards the cost of undergrounding in this area rather than replace the poles.
    Mayor Hindman thanked Mr. Moosmann for his offer and said the Council would forward this to the Water and Light Department for their review.
    Mr. John asked if the storage units are self-storage. Mr. Moosmann said they were. Mr. John inquired if they fit under commercial storage and wholesale distribution. Mr. Dudark replied staff determined it would be a permitted use in an M-R zone. Mr. John asked about buffering for the lots that abut Jonquil Place. Mr. Moosmann explained that the buffering would go straight across. Mr. John noted that nothing has been built on Rosecliff.
    Mr. Loveless wondered about buffering for the church as well, and inquired if Mr. Moosmann would be agreeable to accept similar screening in this area. Mr. Moosmann said he would be willing to do some screening, but the buildings would be sitting considerably lower than the church. He said his property line is within 25 to 30 feet of the church's driveway. Mr. Loveless asked about a 50 foot buffer zone. Mr. Moosmann was not sure he could give a full 50 feet because he thought that would crowd the lot considerably. Because of the draw, he said there is not much usable ground in there.
    Mr. Janku asked if 25 feet would be more reasonable. Mr. Moosmann agreed to that figure.
    Mayor Hindman closed the public hearing.
    Mr. Loveless made the motion that B236-02 be amended to show a 25 foot screening buffer between Tract C and the O-P property to the west. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    B236-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:

    Mr. Janku made the motion that staff be directed to prepare a report in response to Mr. Moosmann's offer on the undergrounding of the utility lines. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

B237-02     Rezoning property located on the southwest corner of the intersection of Rainforest Parkway and North
                   Providence Road, extended, from R-3 to R-1.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that approval was recommended by both staff and the Planning and Zoning Commission.
    Bill Crockett, an engineer with offices at 2608 N. Stadium, said the current zoning was established about five years ago which down zoned the tract from an M-C district to R-3. With the development that has occurred, primarily single family, he said the applicant thought it would be best to continue with single family rather than introduce the R-3 complex.
    Mr. Janku asked about the potential for neighborhood parks in this area. Mr. Crockett said that would have to be addressed by Mr. Herigon. He suggested that staff contact Mr. Herigon for his thoughts.
    Mayor Hindman closed the public hearing.
    Mr. John noted that this would be the second or third down zoning within this property. He commented that in the future, the density of housing will be critical, and if property continues to be zoned R-1, this will create more sprawl. Although the Council has never opposed down zoning, Mr. John thought they should think about it as they move forward.
    B237-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

(A)     Consider Amendment No. 8 to Planning Report (201 Facility Plan) on Wastewater Collection and Treatment.
    Item A was read by the Clerk.
    Mr. Patterson explained the administrative process wherein the City is required to have any project that is funded by the State Revolving Loan Fund to be contained within a Facility Plan approved by the City Council. He said the two projects that are included in this amendment are the Grindstone Outfall Sewer (about 20,000 feet of 30 and 36-inch sewer line), and the Hominy Branch Relief Sewer (about 4,500 feet of 36-inch sewer line). Mr. Patterson noted that the Hominy Branch project is also partially funded by an agreement with the Boone County Regional Sewer District that was approved in 1993.
    Mr. Patterson explained that this hearing is to allow for any public comment in regards to the proposed Facility Plan, and if after receiving comment the Council wishes for staff to proceed with the projects, a motion should be made adopting the amendment and directing the staff to proceed with the projects.
    Mayor Hindman opened the public hearing.
    There being no comment, Mayor Hindman closed the public hearing.
    Having worked on the original plan for the City, Mr. Beck believed this was a good amendment to the 201 Facility Plan.
    Mayor Hindman asked if easements would be acquired for trails. Mr. Patterson affirmed that staff is requesting trail easements in conjunction with easement acquisition.
    Mayor Hindman made the motion that staff be directed to proceed with the projects. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
 

(B)     Storm drainage improvements in the Vintage Drive area in the Country Club Villas Subdivision.
    Item B was read by the Clerk.
    Mr. Patterson explained that this project originated slightly over a year ago in the Spring of 2001 when some very heavy rains flooded two residential structures in the area shown on the map. He said that the houses were actually constructed inappropriately low for the area. With the construction of Vintage Drive and the subsequent development of other houses in the adjacent subdivision, heavy rains caused storm water to exceed the capacity of drainage pipes and flooded the houses in question. After several months of negotiations and discussion, Mr. Patterson believed they have arrived at an equitable solution which consists of a joint project. The City's portion of the project will deal only with that portion of the system located on public rights-of-way and easements that essentially were undersized in the original design and had been accepted by the City. The project will involve placing a parallel pipe, reconstructing some inlets and then tying into the existing system located downstream. The private portion of the project, which will call for considerable grading upstream and construction of a berm to impound water, will divert water into an underutilized storm drain above Vintage Drive and an overflow swale will be created between the two houses. The City's cost on this project is estimated at $45,000 and would be funded out of the storm water utility (the portion for annual local projects).
    Mr. Janku asked about the private costs. Mr. Patterson said he did not have an estimate on it, but indicated it would be considerable because of the grading and re-seeding work between the houses. Mr. Janku asked if this would be something that would be prevented in the future when the new storm water ordinance is passed. Mr. Patterson replied affirmatively.
    Mayor Hindman opened the public hearing.
    John Miles, 1301 Torrey Pines, President of the Homeowners Association for Villas II, indicated that residents reviewed the proposed plan and met with City staff and the developer. They are satisfied this project has a very good chance at being successful in alleviating the problem experienced by the two homeowners.
    Mayor Hindman closed the public hearing.
    Mayor Hindman commented that staff has done an outstanding job of working with the neighbors and developer in getting this situation resolved.
    Mr. Loveless made the motion that staff be directed to proceed as outlined. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

OLD BUSINESS
B231-02     Approving the final plat of Cox-Leonard Subdivision, Plat 2, a Replat of Lot 10 of Cox-Leonard
                   Subdivision; granting a variance to the Subdivision Regulations regarding sidewalks.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained that the owners of this single family home received a variance from the Board of Adjustment in order to expand their porch in the required front yard setback. He said that triggered this replat which is subject to the Subdivision Regulations in that a sidewalk must be constructed. The Planning and Zoning Commission recommended approval of the request. Mr. Dudark reported there are no existing sidewalks in this largely developed area.
    B231-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

B238-02     Granting a variance to the Subdivision Regulations regarding construction of sidewalks on Lot 1 of
                   the M.N.S. Subdivision.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained that Habitat for Humanity constructed a home on Lot 1 in M.N.S. Subdivision, and they are now required to either build a sidewalk or receive a variance of such from the Council before they can obtain a certificate of occupancy. He noted that this is an area where there are no sidewalks on either side of Holly Lane. The neighborhood consists substantially of single family residences with some manufactured homes in the vicinity. Mr. Dudark noted an open drainage ditch in front of the lot in question, and added that Holly Lane is an unimproved street with no curbs and gutters. In order to build the sidewalk, Habitat would have to insert a culvert in the drainage ditch to allow for the construction of such. The applicant believed the cost to be substantial for a benefit that would apply to one property and would not connect to any other walks in the area. The Planning and Zoning Commission recommended approval of the variance.
    Mr. John noted that staff has recently submitted reports with semi-objective criteria the Commission and Council can consider in these types of cases. He indicated this is very helpful when determining whether a variance should be approved. Mayor Hindman agreed.
    If this had been a largely undeveloped neighborhood, Mr. Janku thought there would be some interconnection possible. But the way this area has developed, he did not perceive that happening.
    B238-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

B240-02     Amending Chapter 14 of the City Code as it relates to parking on Elm Street and Sixth Street.
    The bill was given second reading by the Clerk.
    Mr. Patterson explained that this is a follow-up to previous Council action in which proposed metered parking spaces were removed from consideration and staff had been directed to examine some other alternative locations, specifically in the Rollins Road, Sixth Street and Elm Street areas. After reviewing the locations and discussions with the University, he reported on the potential of forty meters being installed at the following locations: 32 on the west side of Sixth Street, south of Elm Street; and 8 on the south side of Elm Street, between Fifth and Sixth Streets. The meters are expected to generate approximately $16,800 annually. Mr. Patterson indicated the University is in support of the proposal.
    B240-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

B241-02     Amending Chapter 22 of the City Code as it relates to special assessments for street maintenance
                   projects involving unimproved streets.
    The bill was given second reading by the Clerk.
    Mr. Beck noted the Council requested this amendment in order to eliminate the provision of street maintenance tax billing charges for major improvements to unimproved streets (those without curbs and gutters or a good base). He summarized the background on tax billing these types of streets beginning in the 1960's. Mr. Beck reported the adoption of this policy had been a major factor in reconstructing over 60 miles of streets in the City of Columbia. He noted the impact to the general fund if this amendment is passed. He indicated the City has been maintaining unimproved collector and arterial streets, unless the property owners oppose it, when the City had enough money to rebuild them.
    Mr. Janku asked if the general fund monies come from the transportation sales tax. Mr. Beck replied that the transportation sales tax supports the street budget, lighting, and also subsidizes the Airport and bus system operations.
    Jack Donelon, 578 N. Grace Lane, Lake of the Woods, Vice-President of the Homeowners Association, noted that the improved street list from the east annexation area includes all of the streets in the subdivision except one, Crater Lake. He asked if that meant it was an unimproved street. Mr. Patterson said it was possible that one of the streets could have been overlooked or the typist could have left it off. If the street is similar to others in the subdivision, it would be in the same category. Mr. John pointed out that if this ordinance passes, there would be no difference in any of the streets.
    Mr. John said 40 years ago the City encouraged people to improve streets. Due to the cost of such, he was uncertain whether that is a benefit anymore. He acknowledged that in some cases, curbs and guttering may improve the value of the property. Mr. John understood where the policy came from, but felt it was time to change it.
    Mr. Beck explained the requirement for all streets in new subdivisions to be built to City standards. This program had been implemented to rectify the situation wherein there were many high maintenance unimproved streets. Mr. John said that was his point, any streets today that do not meet the standards had to have been built over 40 years ago.
    Mayor Hindman noted that any unimproved City street brought up to improved standards would still be subject to tax billing.
    B241-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

B245-02     Amending Chapter 5 of the City Code as it relates to animals.
    The bill was given second reading by the Clerk.
    Mr. Beck noted the series of ordinances relating to the use of property in the proposed areas of annexation, but this one deals with the definition of livestock. He said there is an amendment to eliminate rabbits from that definition.
    Mr. Janku made the motion that B245-02 be amended per the amendment sheet. The motion to amend, made by Mr. Janku, was seconded by Mayor Hindman and approved unanimously by voice vote.
    B245-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

B246-02     Amending Chapter 5 of the City Code as it relates to animals on recently annexed property.
    The bill was given second reading by the Clerk.
    Mr. Beck spoke of the Council's request for ordinance amendments to phase-in the restriction of certain activities and uses. Mr. Beck explained the amendments were written in such a way so that there would be a three-year transition period from the date of annexation. The issues deal with animals, fire code, health and sanitation, and fireworks and firearms.
    Mr. Janku suggested an amendment that limits the changes specifically to the voter initiated annexations to alleviate potential problems associated with grandfathered rights. He noted issues relating to long-term property use could be addressed by the Council at a later date.
    Jack Donelon, 578 Grace Lane, spoke on behalf of the annexation opposition group. He commented that three years from now the same conditions would exist on some of the properties containing 40-50 acres in regards to the number of dogs a person owns and the point of then being required to reduce that number to meet code requirements. He said it is a way of life they would like to continue living five and ten years from now.
    Henry Lane, 1816 E. Broadway, was concerned that these amendments were being made for the sole intention of trying to pacify the people opposing annexation. He believed the purpose for annexation was to raise money. Mr. Lane suggested cutting costs to raise money.
    Mayor Hindman noted that newly annexed areas would not have to comply with the leash law until October of 2006.
    Mr. Janku made the motion to amend B246-02 to limit the leash law exemption to only property brought in by this voter initiated annexation. The motion was seconded by Mr. Hutton.
    Mr. John believed it did not make sense to delay exemptions for the sake of delay. He said it is currently not against the law for a dog to run loose on his owner's property, regardless of size, in or out of the City. Mr. John noted that leash laws apply to the Lake of the Woods Subdivision now. Mr. John stated it would have to be proven to him that there is some specific reason for the time lag, other than trying to soften the blow.
    Mr. Janku argued that when one voluntarily annexes they make that choice on their own after weighing the benefit and the cost. He would consider an objective standard that should apply, but thought the potential of what could happen would be a nightmare to enforce with different laws applying from backyard to backyard.
    Mr. Loveless thought part of the argument had to do with the number of animals. He said some hard core hunters will keep more than four dogs. He said the question would be, in three years, which dogs to get rid of.
    The motion to amend, made by Mr. Janku, seconded by Mr. Hutton, was approved by voice vote.
    Mr. Loveless made the motion to further amend B246-02, Section 5-58 (3) by deleting the words "Natural History" and inserting "Conservation" (which is the correct name for this area). The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    B246-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: JOHN, HUTTON. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

B247-02     Amending Chapter 9 of the City Code as it relates to open burning for waste disposal purposes on
                   recently annexed property.
    The bill was given second reading by the Clerk.
    Jim Beckett, 5830 Van Horn Tavern Road, understood the property owner would need to go to the Fire Department to obtain a burn permit that would be good for three years. He appreciated what the City is trying to do, but he would rather not be in the City and would rather not have to make a request to a governing body to do something he has been doing for a good number of years.
    Mr. Boeckmann explained that the property owner would only have to apply for a permit one time for that entire three year period.
    Mr. Janku noted that it could be revoked or suspended for failure to comply with provisions of the permit.
    Mr. John reported that the BOCA code also applies to non-annexed areas, but it is just not enforced by the County or the Boone County Regional Fire District. Therefore, these permits should also be issued to county residents.
    Mr. Janku made the motion that B247-02 be amended per the amendment sheet. The motion was seconded by Mr. Hutton.
    Mr. Loveless spoke about references to provisions that he could not find.
    Mr. Loveless made the motion that B247-02 be amended by striking 403.45 and 403.47 and inserting in lieu thereof 403.5 and 403.7. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    Mr. Loveless related that the State of Missouri issues, upon occasion in extremely high fire times, a no burn declaration. He would like to see that language added to stipulate such when the State is under a no burn policy by declaration of the Office of Administration. Mr. Boeckmann explained that 403.9.3 specifies the Code Official may suspend any permit if in the judgement of the Code Official open burning would be hazardous. He said the intention of the Fire Department personnel is anyone who has one of these permits, if there is a no burn condition, will be contacted and told their permit is being suspended. Mr. Loveless understood then that it would be incumbent upon the City to call someone who has previously applied in writing and gotten the blanket burning permit to tell them they cannot burn. Mr. Boeckmann said that was their intent and that they may have thought there would not be that many permits. He thought that may be more effective.
    There was a discussion about why they could not obtain the semi-permanent burn permit by phone rather than having to come in. Mr. Boeckmann thought the Fire Department would want to have something in writing before issuing a three year blanket permit. He believed it would also make it easier on staff when permits are suspended because of weather conditions.
    The vote on Mr. Janku's motion to amend, seconded by Mr. Hutton, was passed by voice vote.
    B247-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: LOVELESS. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

B248-02     Amending Chapter 11 of the City Code as it relates to weeds.
    The bill was given second reading by the Clerk.
    Jim Beckett, 5830 Van Horn Tavern Road, said under the FSA Administration program, there are some areas that cannot be mowed more than once or twice a year. He believed the City should not be in conflict with these federal programs.
    Mayor Hindman suggested amending the bill so that it would not interfere with government farm programs. Mr. Boeckmann felt that could be handled on an "as applied" basis if there was a conflict. He explained that this ordinance deals with the affirmative defense that people can cut a 50 foot perimeter.
    If a field is being grown for agriculture, Mr. John said cutting a 50 foot wide strip is a pretty wide strip. He reported 15% of a ten acre field would be subject to mowing to meet the 50 foot requirement.
    Mr. John made the motion that B248-02 be amended to read that if the growth of weeds was for agricultural purposes and adjoins property used for residential or commercial purposes, a 15 foot strip is enough. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    Mr. Loveless asked for the definition of weeds. He said the federal agricultural programs have encouraged the sowing of native plants other than grasses. He noted some people would consider these weeds.
    There was a discussion at this point as to the status on a revised weed ordinance. Mr. Boeckmann responded staff obtained ordinances from other cities and none of them were considered to be very good. He said some amendments were made to the weed ordinance last year and it was improved slightly, but this issue was not dealt with.
    B248-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN.

    After a subsequent discussion about the growth of weeds as part of a government farm program, Mayor Hindman made the motion to reconsider B248-02, as amended. Mr. John seconded the motion and it was approved unanimously by voice vote.
    Mr. John did not believe the weed ordinance should be enforced if the property is located in some sort of federally mandated strip for erosion control. Mayor Hindman asked if it could be an affirmative defense that the growth of weeds was part of an agricultural program. Mr. Boeckmann suggested creating a new section to specify that.
    Mayor Hindman made the motion that B248-02 be further amended by adding Subsection C as follows: "It is an affirmative defense that the growth of weeds was part of a federal or state agricultural or conservation program." The motion was seconded by Mr. John and approved unanimously by voice vote.
    B248-02, as further amended, was read with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

B249-02     Amending Chapter 11 of the City Code as it relates to weeds on recently annexed property.
    The bill was given second reading by the Clerk.
    Mayor Hindman asked in what way this bill differs from the last one. Mr. Boeckmann explained that if the amendment is approved, the weed ordinance would not apply on recently annexed property. Mr. Janku specified the property would have to be zoned A-1.
    Mr. Janku made the motion to amend B249-02 per his amendment sheet.
    Mr. John said if the property is agriculturally zoned and of a certain size and meets the other criteria, he was not sure why the restriction should apply to just recently annexed property. Mr. Janku said he would agree, depending upon size, but wondered about A-1 zoned property wherein the lots are similar in nature to those with R-1 zoning.
    Mr. Hutton agreed with Mr. Janku in that who would be tracking all of the voluntary annexations for expiration dates with the various laws.
    Mr. Boeckmann thought that most voluntary annexation is a result of the property owner wanting to develop the tract. He commented that if this person wanted to develop a residential subdivision and the weed ordinance did not apply to the property because it was recently annexed, the neighbors would have to wait for two or three years to complain about weeds. Mr. John clarified only if it was zoned A-1.
    The motion to amend, made by Mr. Janku, was seconded by Mr. Hutton and approved unanimously by voice vote.
    B249-02, as amended, was given third reading with the vote recorded as follows:  VOTING YES: HINDMAN, CRAYTON, JANKU. VOTING NO: JOHN, HUTTON, LOVELESS. ABSENT: COFFMAN. Bill defeated.

    Mr. Janku indicated the City has a relatively reasonable weed ordinance, and he thought it should apply to tracts less than ten acres. Mr. John responded that is why he could not support the bill as amended, either we are good as we are or the City should allow large tracts to be completely exempt from the weed ordinance.
    Mr. John made the motion that the Council reconsider B249-02, as amended. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    Mr. John made the motion that B249-02 be further amended as follows: "This division shall not apply to recently annexed property ten acres or more in area that is zoned A-1." The motion was seconded by Mr. Loveless and approved by voice vote.
    B249-02, as amended, was read with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, LOVELESS. NO: JANKU, HUTTON. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

B250-02     Amending Chapter 16 of the City Code as it relates to fireworks and firearms.
    The bill was given second reading by the Clerk.
    Jack Donelon, 578 Grace Lane, said he has hunted at many lakes in the county in an effort to control the geese population. With the proposed amendment, residents who allow their land to be used for hunting will no longer have this privilege in three years. He indicated that he tolerates fireworks a few days out of the year for the other benefits of living in the county.
    Jim Beckett, 5830 Van Horn Tavern Road, thought the five acre figure to be arbitrary and inappropriate. Regarding fireworks, he said people in sparsely populated areas should be allowed to use them.
    Mr. Janku made the motion that B250-02 be amended per the amendment sheet. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
    Mayor Hindman asked about an existing ordinance relating to the sale of fireworks in newly annexed areas. Mr. Boeckmann explained that sales of fireworks may be continued for seven years.
    Regarding the section dealing with the discharge of firearms, Mr. Loveless referred to the ongoing discussion about the problem of nuisance wildlife on urban fringes, particularly deer and Canadian geese. He saw no reason why people should be prohibited from hunting on property that is undeveloped. Mr. Loveless defines undeveloped as containing no buildings other than the single family residence and accessory buildings or buildings ancillary to agricultural use. Mr. Boeckmann noted an amendment sheet that would broaden it some to define a tract of land being undeveloped if it contains no buildings, if it contains no more than one main building and any number of lawful accessory buildings, or if it contains no buildings other than buildings ancillary to agriculture uses.
    Mr. Loveless was concerned that the City would be divesting itself of the only reasonable management tool for wildlife that can be a potential hazard and social problem, i.e., deer and Canada geese. He commented these particular animals are a nationwide problem in urban areas.
    Mr. Janku suggested a program that would enable the Conservation Department to grant permits to manage the problem. Mr. Boeckmann noted that this ordinance deals with recently annexed property, and the Council probably would want to apply an amendment to something citywide.
    Mr. Loveless thought the issue encompassed two different things. By establishing a three year limitation for discharging firearms on recently annexed property, then the City would be eliminating the only effective tool available for managing deer and geese. He did not think the three year limitation was appropriate in this case. Mr. Loveless suggested it would be much more appropriate to limit the prohibition to undeveloped property of a minimum of five acres in size with written permission, whether it is newly annexed or not.
    Mr. Janku believed Mr. Loveless' suggestion should be addressed separately rather than with the annexation issue. Mayor Hindman agreed.
    Mr. John thought he could support the discharge of firearms on undeveloped tracts larger than 10 or 15 acres, although no matter what number is chosen it would be considered an arbitrary figure. He could not support the extension for fireworks.
    Mayor Hindman made the motion that B250-02 be further amended per the second amendment sheet. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    B250-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: JOHN, HUTTON. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

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

B232-02     Approving the final plat of Stonecrest, Plat 4.
B239-02     Approving the engineer's final report; authorizing Change Order No. 20 for the Armory Building
                   Renovation Project.
B242-02     Confirming the contract of I & I Works, Inc. for the construction of sidewalks in the Park de Ville
                   Subdivision.
B243-02     Accepting an arts grant from the National Endowment for the Arts; appropriating funds.
B244-02     Accepting a deed of dedication for water main purposes.
R131-02     Amending the agreement with the Missouri Department of Health and Senior Services to extend the
                   family planning contract.
R132-02     Authorizing an agreement with the Missouri Department of Health to increase the transaction fee for
                   birth and death certificates.
R133-02     Authorizing an amendment to the existing Interconnection Agreement with the City of Fulton.
R134-02     Authorizing application for FY 2003 FHWA and FTA planning grants.

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

NEW BUSINESS
R135-02     Officially naming the "Activity & Recreation Center (ARC)."
    The resolution was read by the Clerk.
    Mr. Hood explained that at the July 1st, 2002, Council meeting, staff addressed the naming issue for the new recreation facility being built. At that time, the Council made the motion that the facility be named the Activity and Recreation Center (ARC), and directed staff to prepare a resolution officially naming the facility.
    Mr. Hutton stated he still did not like the name, but hoped it worked well and caught on if that was what the Council was going to support.
    The vote on R135-02 was recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: HUTTON. ABSENT: COFFMAN. Resolution declared adopted, reading as follows:
 

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

B251-02     Vacating easements and street right-of-way within Timberlane Subdivision, Plat 2.
B252-02     Approving the final plat of Timberlane Sub., Plat 5, a replat of Lots 20, 21, 22, 23 and part of Lot 32
                   of Timberlane Subdivision, Plat 2.
B253-02     Approving the final plat of Hathman Subdivision, Plat 3, a replat of parts of Hathman Subdivision.
B254-02     Approving the final plat of Broadway Farms, Plat 16.
B255-02     Approving the final plat of Oakland Springs, Plat 1.
B256-02     Approving the final plat of Auburn Hills, Plat 2.
B257-02     Changing the street name of Shamrock Drive to Leatherbrook Drive.
B258-02     Confirming the contract of Emery Sapp & Sons, Inc. for construction of a pedestrian bridge over I-70
                   along the east side of Providence Road; appropriating funds.
B259-02     Amending Chapter 14 of the City Code to establish a 2-hour parking zone on the east side of Tenth
                   Street.
B260-02     Authorizing a grant agreement with the Missouri Highway and Transportation Commission for 2003
                   transit operating assistance.
B261-02     Authorizing an agreement with Prime Development Corporation; appropriating funds.
B262-02     Authorizing an agreement with the Missouri Department of Health; amending the Classification and
                   Pay Plans; appropriating funds.
B263-02     Accepting a conveyance for electric purposes.
 

REPORTS AND PETITIONS
(A)     Request from Planning and Zoning Commission for Shared Website for Communications Purposes.
    Mr. Ross explained that the Commission requested the creation of a Web site for communications purposes between the City and County Planning and Zoning Commissions. He said the site itself would be relatively easy to set-up and would not require a great deal of maintenance, but the second part of the request was for discussion forums. Mr. Ross indicated one forum would allow Commission members to communicate amongst themselves on the Internet and the public would be able to view the conversations, but not join in. The second forum would allow public involvement in the discussions. Mr. Ross reported staff has determined that the first type of discussion forum could be done with minimal cost and the maintenance would be 1-1½ hours per week. The start-up cost would be relatively inexpensive. More maintenance and moderation would be required if public involvement is added.
    Mr. Ross reviewed staff's recommendation to allow discussion only between Commission members with the public having access to these conversations. He noted one of the problems with this recommendation is that the City has more than 30 different boards and commissions and the potential exists for similar requests from the other groups. He indicated implementation of such would increase the workload requirement and he was not sure his staff could accommodate that at this point.
    As the City's liaison to the COIN Board, Mr. Janku asked Mr. Ross if there was on-line discussion within that network. Mr. Ross replied there had been discussion forums at one time, but he thought that was discontinued because of the difficulty in maintaining them.
    Mayor Hindman did not think the members would have a lot of on-line discussions.
    Mr. John was concerned that other groups would come forward with requests for the same thing. He noted there are already a lot of issues the Council has asked the staff to look into that are Web related. Mr. John suggested putting the idea on the back burner for a year or two until some of the other activities are in place. He would much rather see somebody be able to pay their utility bill on-line or fill out a City application.
    Mr. Hutton asked why this would not be implemented for the Council first if it was thought to be such a good thing to have interactive discussions among members.
    Mr. Boeckmann said these types of forums could raise a significant Sunshine Law problem. If these groups are communicating by e-mail that is not accessible by the public, that could be considered a meeting. Even if it were public on the Web, he said it still would not quite fit in with all of the requirements of the Sunshine Law. Mr. Boeckmann related that the law was not created with this in mind.
    There was a discussion about how many Boards and Commissions might request this access and the cost of accommodating such could be significant.
    Mayor Hindman made the motion that staff be directed to proceed with setting-up a site. His motion died for lack of a second.
    Mr. Loveless made the motion that the Council acknowledge the report, admit it has merit and take it under consideration. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

(B)     Potential Sanitary Sewer District in the Stewart Road, Ridge Road and Medavista Drive Area.
    Mr. Beck reported this district would involve 43 lots in an older part of the City.
    Mr. Patterson indicated staff needs Council direction before proceeding with the necessary preliminary studies to determine whether or not a sewer district would be feasible.
    Mr. Loveless made the motion that the staff be directed to proceed with the preliminary plans. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

(C)     Electronic Equipment Recycling.
    Mr. Beck stated that Mid-Missouri Recycling Company on Brown Station Road does handle electronic equipment from individuals and businesses.
 

(D)     Tourism Development Fund - Attraction Development Guidelines.
    Ms. Steiner noted that this issue had been reviewed at the Council retreat. The C&VB Advisory Board is now looking for direction as to whether the Council needs further review of the suggested guidelines via a work session, or would prefer staff to prepare a resolution for approval.
    Mr. Janku asked about eligible products being permanent exhibit installations. Ms. Steiner replied funding for such would probably be better suited to the Festival and Event Guidelines. Mr. Janku inquired about the exclusion of state and federal programs. He related Mr. Beck's suggestion that the Art and Archeology Museum should be relocated to the downtown area or to a more accessible location. Mr. Janku thought it would be great if there was some way this fund might be able to facilitate such, but he did not want to exclude something like that from happening. Ms. Steiner indicated she could take that suggestion back to the Board. She did not think that was something the Board is extremely tied to as an exclusion. Ms. Steiner noted the guidelines they had to go by were very few and far between, and were mostly geared to state activities.
    It was decided the Council would discuss this issue at the work session scheduled for July 17th.
 

(E)     Habitat for Humanity - Indian Hills Lots.
    Mr. Watkins reported he received a letter from Dennis Smith indicating an interest in the purchase of Lots 115 and 116, which are adjacent to property he owns on Cherokee. Under current policy, he stated that Mr. Smith would be able to purchase the two lots for the appraised price. Mr. Watkins said that would leave three lots. The suggestion is that if Council wishes staff to proceed with a bidding process, that a public hearing be held first. Mr. Watkins related that some of the neighbors expressed some concerns that could be entertained at the time of a hearing.
    Mr. John thought the 1997 appraisal of $7,500 was a little low in today's market. He believed the lots would be worth around $9,000 to $9,500 today. Mr. Watkins said the right-of-way agent felt the value was still in the neighborhood of $7,600 to $8,000, and it would cost several hundred dollars to obtain a new appraisal. Mr. John indicated he would like to know how much an updated appraisal would cost because he thought the value of the lots had increased.
    Mr. Watkins understood that staff would continue with the policy for selling the lots, but would need to get them reappraised. Mr. John asked that staff find out how much an appraisal would cost. If possible, he would like to have this information by this Wednesday's work session, at the latest, by the next meeting. At that time the Council could decide whether it would be worthwhile having the lots reappraised.
    Mr. John made the motion that staff be directed to look at the cost of updating the appraisals before selling the properties to adjacent property owners, and then opening it up for competitive bids for the rest of the lots. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
 

BOARDS AND COMMISSIONS
    Upon receiving the majority vote of the Council, the following individuals were appointed to the following Boards and Commissions:

BICYCLE/PEDESTRIAN COMMISSION
Ahrens, Gregory T., 1504 Sylvan, Ward 3 - term to expire 7/31/05
Holbert, Rachel R., 3300 Keene's Edge, Ward 3 - term to expire 7/31/05
Koenig, Fred B., 2 E. Ridgeley, Ward 5 - term to expire 7/31/05
Walthall, Chris L., 211 E. Bingham, Ward 5 - term to expire 7/31/05

BUILDING CONSTRUCTION CODES COMMISSION
Connell, Brian D., 801 Edgewood, Ward 4 - term to expire 8/1/05 (Reg. Architect)
Kiepe, K. Dale, 1205 Sunset, Ward 4 - term to expire 8/1/05 (Reg. Fire)
Miller, Erik C., 3619 Southland, Ward 6 - term to expire 8/1/05 (Alt. Architect)
Weber, David C., 2604 Cardinal, Ward 6 - term to expire 8/1/05 (Reg. Layperson)

DISABILITIES COMMISSION
Weinschenk, Kathleen, 1504 Sylvan, Ward 3 - term to expire 6/15/05

MAYOR'S PHYSICAL FITNESS & HEALTH
Sachs, Barbie, 4901 Lillian - Ward 3
 

COMMENTS BY COUNCIL, STAFF AND PUBLIC
    Mr. Janku commented he attended an excellent neighborhood meeting to discuss the Garth improvement project. He said an issue came up regarding the bend at Garth and Blue Ridge as there have been a number of accidents at this location over the last few years. Mr. Janku suggested improved signage for the area.

    Mr. Janku reviewed some additions for the uncompleted sidewalk list. He asked that staff look at Route PP where there are many new commercial buildings. He mentioned several new subdivisions without walks. Specifically, Mr. Janku noted that Bedford Walk, along Southampton on the north side does not have sidewalks. In addition, some of the common lots in Arcadia Subdivision and Springdale Estates lack walks.

    Mayor Hindman reported he received a letter from the County Commission inquiring as to the City's interest in participating in the operation and maintenance of the proposed recreational ice facility on the Fairgrounds property. He was inclined to agree that the City should look into the possibility. Mayor Hindman thought the provision of such is a high priority for a lot of people in the community.
    Mr. Janku noted that he had not seen this proposal, and doubted that anyone on the Council had received a copy. He thought the Council should be sent this information. Mr. Janku suggested that if the two entities collaborate in this venture, it should include the City's participation in a master plan for the entire Fairground property. He noted the designs for that property will affect the City's development of the Parks Master Plan.
    Mr. Loveless asserted that the two jurisdictions should work together at every opportunity.
    Mayor Hindman said the Council could suggest talking about lots of things, but they have been invited to discuss ice.

    Mayor Hindman asked about a sidewalk along the north side of Chapel Hill, between the commercial area and Mills Drive. Mr. Patterson indicated it was on the list, but he would check on the status as to whether the construction of such was the property owner's responsibility.

    Mayor Hindman commented on the signage for Stephens Lake Park. He related it still does not indicate that Stephens is a City park and what amenities are available. Mayor Hindman asked that staff improve the sign.

    The meeting adjourned at 10:55 p.m.

                                                                                                    Respectfully submitted,

                                                                                                    Penny St. Romaine
                                                                                                    City Clerk