M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
AUGUST 18, 2003
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, August 18, 2003, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members JOHN, ASH, CRAYTON, HINDMAN (left at 9:45), JANKU, HUTTON, and LOVELESS were present. The City Manager, City Counselor, City Clerk and various Department Heads were also present.
 

APPROVAL OF MINUTES
    The minutes of the regular meeting of August 4, 2003, were approved unanimously by voice vote on a motion by Mr. Hutton and a second by Mr. Janku.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mayor Hindman noted that R182-03, R182-03 and B296-03 would be added under New Business. Resolution No. 176-03 will be removed from the Consent Agenda and placed under New Business.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion by Mr. Loveless and a second by Mr. Janku.

    Mayor Hindman explained that for health reasons, he would not be able to stay for the entire meeting. He thanked Mayor Pro tem Loveless for handling his duties in his absence.
 

SPECIAL ITEMS
2003 Public Risk Management Association Award - City of Columbia.
    Mr. Beck explained that an honorable mention award was presented to the City on a vehicle accident procedure packet. He introduced Sara Perry, Risk Manager, and noted that she does an outstanding job in noticeable reduced losses.
 

SCHEDULED PUBLIC COMMENTS
    None.
 

PUBLIC HEARINGS
B266-03     Setting property tax rates for 2003.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that the budget did not include any change in the property tax rate which is currently set at 41 cents. The recommendation is that it remain at the present rate. He pointed out that the City has paid off its last general obligation bond debt, which is said is somewhat unusual for cities. Mr. Beck stated the 41 cent general fund levy is 3.9 cents below the maximum the Council is authorized to levy for the operations of city government without a vote of the people.
    Mayor Hindman opened the public hearing.
    Henry Lane, 1816 E. Broadway, commented that 10 of the 41 cents was going to pay off the debt service. Since that has been paid off, he suggested the property tax rate be lowered by 10 cents.
    Norbert Schuman, 205 E. ElCortez, explained that is more than happy to pay the taxes because he considers Columbia to be the best run city in Missouri. He felt that the citizens get full value for their taxes.
    Mayor Hindman closed the public hearing.
    B266-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B267-03     Setting tax rate for all taxable property in the Special Business District of the City of Columbia for the year 2003.
    The bill was given second reading by the Clerk.
    Mr. Beck noted the SBD Board has requested Council consideration of a six cent increase, from 43 cents to 49 cents, which would raise an additional $12,000 per year for their budget and related downtown improvements.
    Mayor Hindman opened the public hearing.
    Carrie Gartner, 11 S. Tenth Street, on behalf of the Special Business District, explained their request for the increase. She pointed out that the State of Missouri actually sets their assessment level at a little over 52 cents. For the past 25 years, the SBD has voluntarily reduced that figure to 43 cents. The six cents they are asking for would fund the Downtown Beautification Plan, a plan they developed with the input of the property owners which calls for the replacement of street lights, benches and trash cans. Ms. Gartner remarked the increase would help them fund a district-wide replacement of street lights. In regard to the assessment increase, she noted they have sent out several mailings, surveys and conducted two town meetings on the proposed assessment increase. She indicated they did not receive any negative comments.
    Mayor Hindman closed the public hearing.
    Mayor Hindman reported that this proposed increase is being self-imposed by the District. He appreciated their efforts in utilizing the additional revenues to beautify the downtown area. Mayor Hindman commented that he recently received an article from an Iowa paper mentioning great places to visit which included Chicago, St. Louis and Kansas City. The article indicated that a really great place to visit is Columbia, Missouri because of our downtown district with the associated restaurants, shops, etc. Mayor Hindman believed the SBD's efforts will help Columbia overall.
    B267-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B268-03     Adopting the FY 2004 Budget.
    The bill was given second reading by the Clerk.
    Mayor Hindman explained this to be the first of three public hearings to be held on the budget.
    In preparation of the budget, Mr. Beck noted there has been a lot of input from not only the Council, but department heads, boards and commissions, citizens and employees. Adoption of the budget will provide the continuation of many programs. Mr. Beck stated that the budget summary could be viewed on the City's web site, and hard copies are available at the Library or in the Finance Department.
    Cindy Mustard, 600 S. Greenwood, Chair of the Cultural Affairs Commission, explained that contracts being recommended by the Commission support arts presentation and education projects. She stated that this year, organizations were asked to submit only one application and to cap their requests at $15,000. Reactions to both changes were very positive. Fifteen proposals were submitted by the May 9th deadline with requests totaling $110,325 and the Commissioners allocating $74,000. One application was not funded, but Ms. Mustard remarked they encouraged this organization to apply for a small request which can be approved up to $500.
    On behalf of the Council, Mayor Hindman thanked Ms. Mustard and the Commission for their work. He noted that the state has zeroed out all funding for the arts, and Columbia is continuing to try and do its part.
    David Johnston, 2701 Chambray, Chair of the Community Development Block Grant Commission, explained the total requests received amounted to $1,650,000 with the available funding totaling $1,037,000. He explained the process they followed and reviewed the requests and the Commission's recommendations for such. The Commission's recommendation under housing programs is $289,500, the public improvements recommendation is $595,000, they recommended zero funding for community facilities, the community services funding totaled $22,500, and the recommendation for administration and planning is $130,000.
    Mayor Hindman opened the public hearing.
    Peter Fryden, 1201 Paquin, explained technical problems he has experienced with his scooter because of bad sidewalks. He said good sidewalks are not only important for people in wheelchairs and scooters, but also for people using walkers and canes.
    Pat Kelly, 1007 Grand Avenue, Secretary for the Ridgeway Neighborhood Association, explained their request for funding to improve alleyways. The group believed it would be difficult to tax bill improvements to residents in an 85% rental neighborhood. Ms. Kelly related this funding will assist them in following through on a project they have been working on for a long time.
    Mr. Janku understood their goal to be cleaning the alleys. She said they are not sure what they want, other than to improve their condition. The decision on what to do with the alleys will be made after much public input and involvement.
    John Clark, 403 N. Ninth, North Central Columbia Neighborhood Association, thanked City staff and the Community Development Commission for recommending funding for the first phase in the COLT railroad corridor project. He also expressed appreciation that the Sixth Street reconstruction project was finally being bid.
    Henry Lane, 1816 E. Broadway, reiterated concerns about sidewalk conditions voiced by a previous speaker. He asked the Council to consider adding ADA funding for sidewalks in the older parts of town.
    Mayor Hindman continued the public hearing to the September 2, 2003 meeting.
 

B58-03     Rezoning property located on the southwest corner of Locust Street and Waugh Street from R-3 to C-3.
    The bill was read by the Clerk.
    Mr. Beck noted that a landscaping plan has been submitted. The Planning and Zoning Commission recommended approval to the C-P zone with its uses limited to parking of light trucks and automobiles, and that a landscaping plan be prepared and approved by the City Arborist.
    Mayor Hindman opened the public hearing.
    Margie Meyer, 1030 Queen Ann, explained that the Church is requesting C-P zoning limited to commercial parking. She said they have no intention of ever developing the parking lot. She pointed out that the Church is landlocked and desperately needs the lot for parishioner parking. Ms. Meyer remarked they have decided to pursue zoning rather than grandfathering the use. She noted the landscaping plan showed additional plantings and they plan to complete this in the next six months. Ms. Meyer reported the Church relies on revenue collected from rental parking spaces and encouraged the Council to vote in favor of their request.
    B58-03 was read with the vote recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B239-03     Amending the Major Thoroughfare Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the Planning and Zoning Commission voted 6-1 in concurrence with the CATSO Committee to amend the Major Roadway Plan to include the potential extensions of Scott Boulevard and Route E to a new interchange on I-70 west of Stadium Boulevard.
    Mr. Dudark explained that the map being displayed was prepared after the CATSO second hearing. The purpose is to illustrate where the focus would be if consideration is given to a new interchange west of Stadium. He noted that the first step in the process currently underway, under the I-70 Corridor study process, is to evaluate the existing Stadium interchange to determine if it can be reconstructed to meet the future demand for the number of vehicles projected to be traveling the I-70 corridor, particularly the affect this traffic will have on Stadium Boulevard and points further south, such as the Stadium and Broadway intersection. If it is not practical or feasible to rebuild the Stadium interchange, Mr. Dudark said consideration will be given as to whether there will be a public benefit or need for a new interchange somewhere west of Stadium. If this is found to be the case, the third step will be to determine possible locations for this interchange which will be the most practical and beneficial within the area. Mr. Dudark explained that the Planning and Zoning Commission removed the map from their recommendation because they were not sure about the discussion during the CATSO hearing. Their motion was strictly to recommend the amendment to the Plan which had been acted upon by the CATSO Coordinating Committee.
    Mr. Beck remarked that when the idea of an interchange west of Stadium was considered several years ago, the question had been how close it could be located to Stadium Boulevard. He noted that the Sorrel's overpass is on the edge of the flood plain, which hinders construction of improvements in this area. He said recently, MoDOT has looked at other interchange configurations that allows overpasses to be located closer together. Mr. Beck indicated that the traffic situation from the east side of the interchange at Stadium Boulevard to Perche Creek needs to be relieved, preferably to include an alternate crossing at Perche Creek.
    Mr. Ash asked about the purpose of amending this plan. He understood it did not have to be amended in order for this proposal to be studied. He wondered if the purpose of amending the plan relates to the City's eligibility to receive federal dollars for the project. Mr. Beck explained that the CATSO Plan is amended from time to time. He noted it was recently amended in regard to the Vandiver/US 63 interchange. Mr. Beck acknowledged that this proposal must be shown on the CATSO Plan in order to receive any federal funding.
    Mr. Dudark clarified that the CATSO Plan has been amended by the Coordinating Committee, and the proposal before the Council tonight is the possible amendment to the City's Major Roadway Plan. He related that MoDOT will be spending substantial funds in determining the need for a second interchange. Mr. Dudark was sure they would not want to spend those funds if the Council was not interested in the project.
    Mr. Loveless understood the Council will not be approving the actual interchange or whether new roads will be extended. He said this is more an opportunity for the Council to allow an outside independent study, overseen by MoDOT, as to whether or not another entrance in the western part of the City will help relieve the traffic congestion on Stadium Boulevard. Mr. Beck said that was correct. He stated it is staff's feeling that if this study is not done now, it will be very difficult to deal with it later. He pointed out that no one really knows if an interchange will be approved by MoDOT.
    Mr. John commented there is a plan that has been reviewed by MoDOT in regard to this issue. As soon as the Council officially agrees to the study, that study will be done because it already exists, although there may be some minor modifications to it. He disagreed with the statement that MoDOT has not studied an interchange. Mr. John related that they have all seen drawings of the interchange submitted by Kroenke's engineers. He noted that one of the possibilities being considered is a crossing over Perche Creek. He said the report makes no mention of this. Mr. John thought the Sorrel's overpass had been deleted from the last 2020 Plan because it would run up a cliff. Mr. John believed this entire proposal has gone a lot further in other circles than what is being admitted.
    Mr. Beck had been under the impression that the I-70 consultants have contracted with MoDOT to look at alternatives through Columbia to determine whether another interchange is needed and how it would fit with the widening of I-70 through the Columbia area. He said it is true they have looked at consultant reports on widening Stadium, but he had not seen a report on how this would be accomplished. He thought they were talking about a placeholder with the I-70 consultants.
    Mr. Dudark said that is correct. He added that the consultants working on the I-70 study have two traffic studies; the one done by the Kroenke group which proposed a new interchange west as Mr. John said, and another study which recommended reconstruction of the existing Stadium and I-70 interchange and the widening of Stadium to six lanes plus some intersection improvements. He noted that although MoDOT has both studies, they will still conduct an independent review of all options and are not beholden to either of the traffic studies.
    Mayor Hindman opened the public hearing.
    Bill Crockett, 2608 N. Stadium, spoke on behalf of Deborah Daniels and Dr. Winston Harrison regarding the property they own at the southeast corner of Strawn Road at Old Highway 40. He explained this couple owns about 50 acres and a rather large house which sits directly off the extension of the Sorrel's overpass. They fully understood that any action this evening will not dictate the location of the proposed interchange, this process will simply allow the consultant under contract with MoDOT to explore the possibility of another overpass or expanding the existing interchange at Stadium Boulevard. Mr. Crockett supported solving this problem by diverting traffic away from the Stadium intersection and off I-70 by utilizing the Midway interchange and an extension of Broadway westward. He contended that approximately 50% or more of the traffic on the I-70 is local traffic. Mr. Crockett also suggested extending Smiley Lane to Blackfoot Road and then come back south to connect to the intersection being proposed. He said perhaps it should go along west to Midway. Mr. Crockett asked the Council to support the amendment so things could progress.
    Ken Midkiff, 1005 Bellview, spoke on behalf of the Sierra Club. He said they are concerned that the City is already behind the curve and should have planned for congestion ten years ago. Another concern was that once a major thoroughfare is on the CATSO Plan, it never comes off. He agreed there are many different ways of dealing with the problem other than creating a new intersection at I-70 to take the place of Stadium Boulevard. Mr. Midkiff indicated the Sierra Club is adamantly opposed to extending Scott Boulevard or even creating a placeholder for the I-70/Scott Boulevard interchange.
    Tod Barnett, 3406 Westwind, understood an amendment to the Plan would not directly affect his neighborhood as much as he had once thought it would. However, he explained that he is familiar with the area because of traversing Sorrel's overpass every day to get to work. Mr. Barnett felt this was a poor idea. When the 2025 Plan was passed, he did not think it was intended to be amended 13 months later.
    Russell Geen, 4 Shadbush, commented on his concern about the apparent haste with which this amendment is being pushed through. He was also concerned about the extremely favorable reception the amendment has received at all levels so far, despite the fact there is not a single scrap of objective evidence to justify it. He said the two studies they have to go by were commissioned and paid for by highly interested parties and, not surprisingly, the conclusions of the two came out quite differently depending upon who was sponsoring what. Mr. Geen was skeptical that the necessary, critical independent investigation that is needed will actually occur.
    Scott Fritz, 216 Strawn Road, understood the placeholder was needed for MoDOT to continue with the study. However, he learned from Roger Schwartz of the Missouri Department of Transportation there was no need for that placeholder in order for the study to proceed. He had been told that MoDOT will proceed with the study regardless of whether there was action by CATSO, Planning and Zoning or the City Council. He presumed much of the issue relates to the City's interest in applying for Federal Highway Funding. Although, Mr. Fritz could appreciate that, he felt it paints the City into somewhat of a corner if they are granted federal approval for an interchange that MoDOT does not support. He was sure the government would take their money back, but was unsure where that would leave the City. Mr. Fritz explained that he has been a member of the Harmony Branch Watershed Partnership and lives on Strawn Road. Due to development, he has seen this road flood more and more regularly. He read somewhere the City or the County is considering taking over Strawn Road as it is a flood prone area. Mr. Fritz indicated flooding will only get worse with further development in this area.
    Art Auer, 307 Shellbark, voiced his concern about the proposed construction of a new interchange over I-70 that would connect with an upgraded and extended Scott Boulevard. In particular, he said the extension of Scott Boulevard and its connection to the overpass will pass close to his house. Mr. Auer believed the new interchange will create many problems and not serve to solve the problems it is meant to resolve. He said his sons have been able to safely walk to school, but if the proposed construction is allowed to continue, his kids as well as children in surrounding neighborhoods will be negatively affected. Increased traffic from Columbia Mall, Biscayne Commons, the proposed Wal-Mart Super Center in addition to the noise and congestion this increased traffic brings, will pass by both the nearby Paxton-Keeley Elementary School and Smithton Middle School. Mr. Auer maintained that shoppers exiting I-70 will almost certainly use the Bernadette Drive extension to access Silvey Street on their way to West Broadway. He feared the traffic will also lead to horrific problems when parents and school buses are attempting to access both schools. Mr. Auer thought the plans were flawed and asked that they be put to rest now. He said the proposed extension and overpass is the wrong road in the wrong place at the wrong time and that it will not effectively relieve traffic congestion in the Stadium Boulevard, West Broadway, and Fairview Road areas of west Columbia. He believed there to be other more long-term plans that could better serve the transportation needs of the City, both now and into the future. Mr. Auer thought that by expanding Stadium to six lanes and adding dedicated right turn lanes at intersections, along with removing or re-calibrating the lights along Stadium, will serve in the short run to relieve much of the congestion in the area. While this plan is being completed, he said plans could be finalized to extend West Broadway to Route UU, thus linking up with the Midway interchange over I-70. As part of the I-70 project, both the Stadium and Midway interchanges will have to be rebuilt and he believed this will be the proper opportunity to upgrade the Midway interchange and incorporate it into the plans for becoming Columbia's westward access to I-70. Mr. Auer handed the Clerk a petition signed by over 100 homeowners in the Smithton Ridge neighborhood who are opposed to amending the Plan.
    Norbert Schuman, 205 E. ElCortez, explained that he has lived in Columbia for 30 years and he supports anything that is good for the City and its residents. However, he will oppose anything he feels will be a detriment to most people in the City or the welfare of the City at-large. Mr. Schuman believed this proposed amendment is one of those because it is a deliberate and circuitous route that leads to a Wal-Mart parking lot. Mr. Schuman suggested, if there is a need for another intersection on I-70, that it follow Route Z to the Sorrel's overpass and replace it with a modern overpass. He related that he is a strong supporter of the Master Plan and understood it to contain an extension of Broadway to Route UU. He said that gives Columbia growth for its residential traffic for probably 30 to 50 years. He felt all of the properties along this route to be potential development areas for small businesses, and if funding is diverted to the proposed new overpass now, monies will not be there for the Broadway extension. Mr. Schuman pointed out there is only one corridor across Perche Creek, and this area will be developed in the near future and then that option will be gone.
    John Clark, 403 N. Ninth, urged the Council to reject this proposal if it is not necessary for the Council to take action on the recommendation in order for the consultant to do the work.
    Steph Ann Walker, 112 Scott Boulevard, was concerned about the proposed amendment because she lives in the gray area shown on the map. She asked that the Council approve an independent study and that they not approve the Kroenke study.
    Ron Hanson, 4311 S. Pinebrook, thought the idea was not well thought out and area residents do not support the proposed interchange.
    Jim Caster, 406 Damson, remarked there is a reason the 20-year plan shows the intersection with I-70 out at Midway. He noted this is where the City is growing and if an intersection is built anywhere along I-70, there will be immediate congestion caused by the subsequent commercial development. Mr. Caster believed the City did not need a placeholder because it is meant to do one thing, take away interest from the 20-year plan and focus it on a new plan.
    Roger Harding, 204 Paw Paw Way, did not see how what being shown on the map will help relieve traffic on Stadium Boulevard. He felt the West Broadway plan, shown on the 20-year plan, will be much more desirable than this short term, quick idea that will increase traffic in residential areas.
    Frank Schmidt, 801 Westport, suggested the Council look at the affect this amendment will have on the credibility of the City and its ability for planning.
    Fred Springsteel, 4200 Merchant, spoke in opposition of the amendment.
    Susan Crowley, 1906 Juniper, remarked that the amendment is not the best thing for Columbia, but the best thing for a few individuals.
    Dawn Ford, 1010 Coho Court, believed residents had been brushed off at the Planning and Zoning meeting. She was opposed to the amendment and asked the Council to stand their ground and represent their constituents, not the business interests.
    Martha McCrary, 108 Peppergrass, thought the proposed new interchange will affect not only the safety of her children, but all children attending the three schools in this area. She noted many children walk to school, even down Scott Boulevard, going to and from Christian Fellowship School. Ms. McCrary pointed out that at the Planning and Zoning Commission meeting, a reference had been made to the plan being misrepresented.
    Mayor Hindman closed the public hearing.
    Mr. Janku noted there will be a meeting of the I-70 Advisory Committee August 21, 2003, from 5:00 to 7:00 p.m. at The ARC. He said people are invited to attend. He felt that part of the problem is that the opportunity to participate in any meetings has been limited and people feel left out of the loop. He thought a change in the process could help. Regarding the crossing of Perche Creek, Mr. Janku felt it needed to be more explicitly part of the study. Even though the Broadway extension is part of the plan, he suggested it be put at the forefront of the discussion and moved up in the process. He suggested that the public, particularly the neighborhood residents and other interested parties, be included in the process. Mr. Janku also suggested that the study include the impact on the watershed.
    Mr. Ash asked if the City will miss out on federal funding if the Council postpones voting on this amendment until the study is completed. Mr. Beck reported the amendment needs to be passed to include it on the City's master plan.
    Mr. Beck understood the District Engineer to say this amendment is necessary and had to be included on the CATSO Plan. He asked about earlier statements to the contrary. Mr. Dudark thought the District Engineer, when he made the comment, was referring to the I-70 study process that is currently underway. He said that is clearly going to continue. He explained that the City does not have an interchange, or even the possibility of an interchange, in the Roadway Plan now. Unless it is added, the City could not be eligible to receive any federal funds to address a project if there were to be one to come out of the I-70 study. As far as the time frame, Mr. Dudark believed in the next three to four months a determination will be made as to whether the existing Stadium and I-70 interchange can be feasiblely reconstructed, and if there is a public benefit for a new interchange. He felt timing to be critical.
    Mr. John read from part six of the recommended actions of the CATSO Committee which referred to, "extensions of Scott Boulevard and Route E to connect to I-70 by way of a split-diamond interchange with Stadium Boulevard connected by one-way frontage roads." It said amendments to the road plan should be identified as placeholders. Mr. John thought that sounded like a pretty specific design specification. He is in favor of building infrastructure to support future growth and commercial development, and he will be the last one to speak against it in general terms. He indicated that if a review is made of an interchange between Stadium and Midway to include a Perche Creek crossing, and then include the other statements, Mr. John could support that. But he could not support a placeholder that shows an alignment on its eastern edge with the Kroenke property. He noted that the Perche Creek issue is not included in this amended plan, even though they keep hearing it is one of the biggest benefits. Mr. John did not think that residents living in the west part of town should have to drive a mile east to get on I-70 to go west.
    Mr. Hutton understood the major thrust of the suggestion by Mr. Janku is for the Council to authorize the planning without amending the Plan, and an amendment to the Plan would occur if the study recommended it. Mr. Janku concurred -- he assumed a plan will be submitted afterward.
    Regarding Mr. John's point about the specific language relating to a split-diamond interchange with a one-way frontage road, Mr. Dudark indicated that this had been outlined in the staff report dated May 15, 2003, but is not in the language approved by the CATSO Coordinating Committee. The Committee removed the language about the reference of any type of interchange or frontage road system. Mr. Dudark explained that what CATSO voted on is what is before the Council tonight.
    Mr. Hutton assumed then that the study will go all the way to Midway. Mr. Dudark noted that it says only west of Stadium, it does not indicate how far it should go west. Mr. Loveless pointed out this ordinance makes reference directly to Exhibit A which shows the shaded area ending east of Perche Creek. Mr. Dudark said that is correct, and added that is a choice for the Council to make -- whether to include Exhibit A or amend the Plan to show some other frame of reference.
    Mr. Loveless agreed with Mr. John. His endorsement of studying this situation is to determine whether or not another interchange west of Stadium can help relieve the traffic snarl on Stadium Boulevard. He thought the shaded area being east of Perche Creek is too restrictive. Mr. Loveless would prefer to see a longer section of I-70 be included in the shaded area.
    Mr. Dudark explained the map was included in the Council's packet before this issue was considered at the Planning and Zoning meeting. Mayor Hindman understood CATSO had not approved the map. Mr. Dudark replied that they did not, it was just intended to reflect the conversation. He included two pages of the meeting minutes where they talked about this area. Mayor Hindman interjected that CATSO had only said west of Stadium -- he thought the map also showed mileage they eliminated. Mr. Loveless agreed. Mayor Hindman commented that the map is a misinterpretation of what CATSO did. There was a conversation as to why the map was included in the Council packets.
    Mr. John suggested an amendment to include the review of an interchange between Stadium and Midway to be connected to major thoroughfares and an east/west access across Perche Creek. Mr. Loveless said he could support that. Mayor Hindman felt that was pretty much what CATSO had in mind. Mr. John did not think so because it did not include any access across Perche Creek. Mayor Hindman agreed.
    Mr. John made the motion to amend B239-03, Section 1, to read that the Plan shall be amended as follows: "Review an interchange between Stadium and Midway to be connected to major thoroughfares, not limiting it to specific routes, and east/ west access across Perche Creek" (not as shown in exhibit A). The motion was seconded by Mr. Janku.
    Mr. Dudark felt the current language in the ordinance is specific enough to qualify it for federal funds without the map, but if the language is amended per Mr. John's suggestion, he did not believe that to be the case anymore.
    At this point there was a discussion about deleting the map and the suggested ordinance language. The Council decided that if the map is deleted, they will need to be more specific with the ordinance language.
    Mr. Boeckmann pointed out an amendment sheet changing the title from "Major Thoroughfare Plan" to the "Major Roadway Plan."
    Mayor Hindman made the motion that B239-03 be amended per the amendment sheet. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
    Mr. John made the motion that B239-03, Section 1, be amended as follows: "Extend Broadway, Scott Boulevard, Route ZZ, Route UU or Route E to a new interchange on I-70 west of Stadium Boulevard and east of Midway as placeholders and include an east/west access over Perche Creek." Further, that Section 2 read as follows: "The City staff is authorized to work with the Missouri Department of Transportation, neighborhood residents and other interested parties to identify the secondary impacts of the changes to the Major Roadway Plan made in Section 1 and to consider a collector street system north of Broadway and west of Stadium Boulevard which would: a. Promote area traffic flow and neighborhood connectivity; b. Protect schools and neighborhoods from commercial and cut-through traffic; c. Provide for residential and commercial development of the properties west of Fairview Road south of I-70 and the properties west of Route E north of I-70; d. Identify potential roadway and intersection deficiencies along the Scott Boulevard and Route E corridors; e. Provide bicycle and pedestrian facilities and landscaping features; and f. Include the extension of an east/west access over Perche Creek." Further that Section 3 be amended to read as follows: "The City staff is authorized to work with neighborhood residents and other interested parties to develop a series of land use scenarios to ensure the compatibility of the proposed land uses with the developing transportation network during completion of the I-70 Environmental Impact Statement. The land use scenarios shall include consideration of the potential impact on the Harmony Creek watershed." The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. Janku was hopeful a mechanism could be developed to include the input of residents. Regardless of what happens with the interchange, he said there is going to be a lot of impact with the Famous Barr and Biscayne Mall revitalization project.
    B239-03, as amended, was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: HUTTON, LOVELESS. Bill declared enacted, reading as follows:
 

B246-03     Rezoning property located on the south side of Austin Avenue, approximately 280 feet west of North Providence Road from C-1 to C-3.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that both staff and the Planning and Zoning Commission recommended denial of this request.
    Mr. Dudark thought the intended use to be a used car sale lot.
    Mayor Pro tem Loveless opened the public hearing.
    John McFarland, 903 Jewell, President of the Ridgeway Neighborhood Association, spoke in opposition to the request.
    Pat Burns, 120 Keene Street, an employee of a business adjacent to the property in question, also spoke in opposition to the rezoning. She noted that Austin is fairly residential with a lot of young people walking to and from school. She believed the increased traffic from the associated business would put the kids at risk. Ms. Burns suggested that Mr. Stevenson move his office to the area and then rent out the space where he is currently located. She said that would bring more owner/occupied space into the area.
    Mayor Pro tem Loveless closed the public hearing.
    Ms. Crayton commented that neighborhood residents would like to see something positive move into that spot. She indicated they will help Mr. Stevenson find the right thing.
    Mr. Ash felt any upzoning should be a planned zone.
    Mr. John noted that before Mr. Stevenson acquired this building, it was being used for illegal purposes and was not a benefit to the neighborhood. He said a viable business with a lot of foot traffic could be a deterrent to crime. Mr. John pointed out this tract is across from an auto dealership, in an area where there are other auto dealerships, and there is still a C-1 buffer to the residential on the street behind it.
    Mr. Janku commented that the rezoning could open things up to a lot of other uses much broader than a car dealership.
    B246-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN. VOTING NO: ASH, CRAYTON, JANKU, LOVELESS, HUTTON. ABSENT: HINDMAN. Bill defeated.
 

B247-03     Rezoning property located on the south side of Mexico Gravel Road (State Route PP), approximately 700 feet west of Wyatt Lane, from A-1 to R-1.
    The bill was given second reading by the Clerk.
    Mr. Beck stated that the Planning staff recommended approval of the request while the Commission had a tie vote, three to three. The Commission was concerned about more traffic being brought to the area.
    Mayor Pro tem Loveless opened the public hearing.
    Linda Craig, 5201 Mexico Gravel, explained that her home is directly across from the subject site. Although the neighbors met with the developer and were pleased with the plans, she said they still had concerns relating to traffic issues. She requested that a traffic study be done related to speed, shoulders, bike paths and sidewalks. Ms. Craig pointed out that mass transportation is not available in the area. She also expressed concern about the water pressure in the area.
    Ray Birdsong, 5300 Mexico Gravel, property owner, remarked that at a neighborhood meeting last week, all the residents had supported the development except for Ms. Craig, because of the quality of this project.
    Mayor Pro tem Loveless closed the public hearing.
    Mr. Janku understood when homes are built, the developer will be required to construct sidewalks, not only in the areas internal to the subdivision, but also along Mexico Gravel. Mr. Dudark responded that will be a requirement unless the Council grants a variance to such.
    Mr. Hutton remarked that it is difficult to oppose R-1 zoning when the Council considers a lot of requests anymore for PUD-7 and 8 on similar properties. He pointed out that the property could be developed in its present A-1 zoning and the density would only be slightly less. Mr. Hutton noted that the traffic problems are well-known and documented, but the City does not have a moratorium on development. He did not know that the Council could pick and choose which rezonings they would approve. Regarding the water issue, Mr. Hutton pointed out that the upcoming ballot issue relating to water system improvements includes funds to improve pressure in the northeast area of Columbia. Sometime in the fairly near future, he thought there will be another ballot issue to include improving Mexico Gravel as a potential project. He could not promise it would go as far east and north as this section, but he believed one thing is for certain - Mexico Gravel, Clark Lane and Ballenger Lane will not be improved until the need is proven. Mr. Hutton felt in some ways development will exacerbate the traffic problem, but it will also be a prelude to getting roads rebuilt.
    B247-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, CRAYTON, JANKU, LOVELESS, HUTTON. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

R181-03     Authorizing a Citizen Participation Plan for inclusion in the City's Consolidated Plan document for Plan years 2005 through 2009.
    The resolution was read by the Clerk.
    Mr. Beck explained that HUD requires that the City have an updated Consolidated Plan which requires a Citizen Participation Plan. He noted that the Community Development Commission has been working with staff in updating the Plan. They recommend four ad hoc committees with11 to 15 members each. Mr. Beck stated that staff believes two additional ad hoc committees would suffice and suggests utilizing the Housing Market Analysis Steering Committee and the Community Services Advisory Commission to serve on the other two ad hoc committees. He reported an amendment sheet has been prepared reducing the four ad hoc committees to two. Mr. Beck explained that HUD also requires the City to update its Analysis of Impediments to Fair Housing Choice. The resolution will also authorize the City Manager to establish a Fair Housing Working Group to help provide necessary information and recommendations to prepare an updated document.
    Mr. Janku asked if there is any reason the CDBG Commission cannot serve as one of the ad hoc committees. Mr. Dudark thought there was no reason they could not. He related that the Community Services Advisory Commission will deal with the community/social-type services. The Steering Committee for the Housing Market Analysis will work on the housing issue. Mr. Dudark stated there are two other ad hoc committees, but they could be combined into one. He said the question is, does the Council create a new one or use the Community Development Commission for it.
    Mr. Janku noted the Community Development Commission has had a vacancy for a while, and finding 11 to 15 people willing to serve takes quite a bit of time and effort. He indicated that Community Development is an existing commission with some degree of expertise and the group has been making recommendations for the last few years.
    Ms. Crayton asked if this study will be forwarded to HUD. Mr. Dudark thought it will come to the Council before going to HUD. Ms. Crayton asked if neighborhoods will be asked for input. Mr. Dudark replied the groups will look at needs, priorities, and implementation strategies -- what the community needs to do over the five-year planning period to try to implement some of the objectives identified in the study. Ms. Crayton thought the quality of life issue should be addressed as well.
    Mr. Loveless pointed out that this legislation will allow the Mayor to appoint up to three more members on the Housing Analysis Committee. He stated these three appointments could be individuals that will be able to address the very things Ms. Crayton is concerned about.
    Mr. Ash wondered if the existing committees/commissions are used, whether these groups will still be able to get the job done. Mr. Dudark thought this to be the case. He said existing commissions could hold neighborhood meetings and reach out to other non-profit neighborhood-based organizations for input.
    Mayor Pro tem Loveless opened the public hearing.
    There being no comments, Mayor Pro tem Loveless closed the public hearing.
    Mr. Ash asked that the Commission meeting minutes be condensed somehow.
    Mr. Loveless made the motion that R181-03 be amended per the amendment sheet. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
    Mr. Janku made the motion that R181-03, be further amended by changing Section 3 as follows: "The Columbia Community Development Commission shall serve as the ad hoc Committee on Public Improvements and Community Facilities for the purposes discussed in Exhibit A." The motion was seconded by Mr. Ash and approved unanimously by voice vote.
    The vote on R181-03, as amended, was recorded as follows: VOTING YES: JOHN, ASH, CRAYTON, JANKU, LOVELESS, HUTTON. VOTING NO: NO ONE. ABSENT: HINDMAN. Resolution declared adopted, reading as follows:
 

(A)     Voluntary annexation of property located on the north side of Mexico Gravel Road (State Route PP), approximately 375 feet east of Spring Cress Drive.
    Item A was read by the Clerk.
    Mr. Beck explained that the owners of this three acre tract are desirous of connecting to City sewer. They have requested permanent A-1 zoning. He noted an accompanying ordinance is being introduced under New Business.
    Mayor Pro tem Loveless opened the public hearing.
    There being no comments, Mayor Pro tem Loveless closed the public hearing.
 

(B)     Voluntary annexation of property located on the east side of Strawn Road (State Route ZZ), north of West Worley Street, extended.
    Item B was read by the Clerk.
    Mr. Beck noted that the applicants of this approximate 19 acre tract are also interested in connecting to the City's sewer system. They are requesting permanent R-1 zoning. Again, an ordinance relating to this issue is being introduced this evening.
    Mayor Pro tem Loveless opened the public hearing.
    There being no comments, Mayor Pro tem Loveless closed the public hearing.
 

(C)     Voluntary annexation of property located at the west terminus of Smith Drive.
    Item C was read by the Clerk.
    Mr. Beck explained this to be in the area of Perche Creek. The request is for R-1 zoning.
    Mr. Janku asked if the unplatted area shown on the map is a City park. Mr. Dudark replied that it is and added staff will be bringing something to the Council to authorize the City Manager to seek annexation of it.
    Mayor Pro tem Loveless opened the public hearing.
    There being no comments, Mayor Pro tem Loveless closed the public hearing.
 

(D)     Voluntary annexation of property located on the north side of Brown School Road, approximately 3,000 feet west of Range Line Street (State Route 763).
    Item D was read by the Clerk.
    Mr. Beck explained that the applicants are requesting annexation of this 87 acre tract in order to utilize City utilities. He stated the applicant is requesting R-1 permanent zoning on the western 58 acres, and PUD-7 for the eastern 20 plus acres.
    Mayor Pro tem Loveless opened the public hearing.
    There being no comments, Mayor Pro tem Loveless closed the public hearing.
 

(E)     Consider granting renewal of the franchise of Mediacom Communications Corporation to operate a cable television system in the City.
    Item E was read by the Clerk.
    Mr. Beck explained the current franchise is due to expire January 19, 2006; however, the Federal Cable Television Act provides that a cable company may initiate the renewal process during the six-month period beginning three years before expiration of the franchise. Following this hearing, he said the City will be in a position to negotiate with the cable company, either formally or informally. Mr. Beck pointed out that he received a letter last week from the Columbia Public Schools requesting an opportunity to be included in the franchise negotiations.
    Mayor Pro tem Loveless opened the public hearing.
    Stan Melton, Government Relations Manager for the Missouri and Kansas Mediacom operations, introduced staff present in the audience who were available to answer any questions the Council may have. He explained that Mediacom presently provides cable services in the Columbia and Boone County area. Mr. Melton reported that Mediacom purchased Columbia's system from AT&T Broadband in July of 2001. Currently, the system passes over 46,000 homes in the Columbia area with a capacity of 625 megahertz, which is a channel capacity of 200 video channels and 45 music/audio channels. Mr. Melton stated they have 65 analog channels in their Mediacom family cable service level that includes their 20 channel broadcast basic service level. They presently carry eight area broadcast television stations; three from Columbia, two from Jefferson City, two from St. Louis and one from Warrensburg. He summarized their wide variety of cable exclusive programming from the national networks. Mr. Melton indicated Mediacom's digital programming includes 135 digital video channels and 45 digital audio channels. Their digital special interest tier includes 16 channels and their variety pack tier includes 28 channels. In addition, he said they offer 52 premium movie channels along with 39 pay-per-view channels. Mediacom presently provides digital cable services in the Columbia system along with their on-line high speed Internet service. He mentioned packages they hope to include in the near future.
    Mr. Melton reported that Mediacom works on a continuous basis to provide the best customer service possible by having customer service representatives available on a 24/7 basis, and having technicians available for system maintenance along with subscriber service repairs and installations. He said they are keenly aware of their duty to be an outstanding corporate citizen in the City of Columbia -- giving back to the community is a duty and commitment they take very seriously. In that regard, he said they are currently working out the details of meeting their current franchise requirement to provide a studio production facility in Columbia for use by individuals and groups in the community to produce public service programming. Mr. Melton related that Mediacom has designated a channel for it and are committed to having the facility operational as soon as possible.
    Mr. John asked how many customers Mediacom serviced. Mr. Melton explained that they generally do not discuss their customer base in public. Mr. John said it is generally on their web site. Regarding the local access channel, Mr. John said the City has not seen any activity or proposals. He asked when something will be sent to the Council. Mr. Melton responded they are looking at third party providers and have received one proposal and are expecting details to come in on another sometime this week. He said they expect to have some kind direction following that by the end of next week. Mr. Melton indicated Mediacom wants to take a long-term look at this issue, not just from the perspective of one particular group, but they want to establish an access channel that will function for all groups in Columbia. By going to a third party provider, they felt they could provide a better situation for the groups and also a better quality access channel operation.
    Mr. Ash asked if Mr. Melton could provide the City with a date as to when something will be brought forward. Mr. Melton said he did not have a date specific in mind because it depends upon the terms of the proposal. He gave the date of September 15th. Mr. John asked if the Council would have a proposal before them on September 15th. Mr. Melton said he was certain of that, he just was not sure how soon the channel could become operational. Mr. Ash indicated that is what he wanted to know. Mr. John doubted they would have a proposal by then.
    Ms. Crayton commented that when Medicom assumed the franchise, they also took over the responsibility of carrying out those obligations. Mr. Melton related that Mediacom will definitely have the access channel operational long before they finish the franchise renewal process. He assured the Council it would be operational in the fairly near future.
    Doris Chiles, 3704 Lansing, spoke as Executive Director of the Columbia Housing Authority. In the mid-seventies when the City was negotiating the first cable franchise, Ms. Chiles explained one of the perks provided by the cable company selected to provide service in Columbia was the availability of free basic cable service to Oak and Paquin Tower residents. She had been advised that the buildings were wired in the 1970's and again in1993. In addition to free basic cable, she said there are about five channels used for security purposes. Within the last six months, Ms. Chiles was contacted by Mediacom and was asked to provide documentation regarding the provision of free cable service to the low income tenants in both buildings. She has been unable to locate such documents and contacted the City's Law Department for further guidance. Apparently, there is no reference to this in the original cable franchise ordinance. Ms. Chiles stated that she is still searching through 30 years of records, but has not found any documents relating to the issue. She asked that any franchise renewals include the continuation of this service to a very small percentage of Columbia's households. Ms. Chiles pointed out that this is truly a quality of life issue for the Oak and Paquin residents, particularly those with disabilities where sometimes it is their only connection to the outside world.
    Mr. Loveless asked Mr. Melton if he would like to address the issue of providing free basic service to residents of Oak and Paquin Towers. Mr. Melton responded that Mediacom could certainly make it a part of the negotiation process and they will give it every consideration.
    Arnold Coline, Regional Vice-President of Mediacom, also spoke in regard to Mr. Loveless' question pertaining to the issue of providing free basic service to the residents of Oak and Paquin Towers. He related that they would certainly take the request under advisement; however, those representatives from Mediacom present this evening are not able to make that decision -- the product is not theirs to give away. He said it is something they must pay for and he would have to clear it with his boss. Mr. Coline reported Mediacom does not offer this service in all of their systems, and that is why they asked to see documentation.
    Beth Pike, 1809 Highridge, member of CMRA, asked the Council to enforce the current franchise agreement in regard to local public access programming. The group also urges the Council to pursue an independent accounting audit of Mediacom. She did not believe Mediacom has been forthright in discussions during the last 18 months, and in light of that, it might be pertinent to conduct an audit before renewing the franchise. Ms. Pike noted that her basic rate has gone up 50% in the two years Mediacom has been her service provider. She wondered if the City's franchise proceeds have increased as well.
    In reading the franchise agreement, Mr. Beck asked whether the CMRA group were aware that studio costs might be passed on to all subscribers. Ms. Pike responded that many times these costs are tied into the City's franchise fee. In some cities, they contribute as much as five percent. Ms. Pike stated the City can raise the fee at any time. She noted that many communities set aside one to three percent of their franchise fee revenues for public access. Mr. Beck noted that any diversion of the existing franchise fee revenues would also affect the City's ability to fund other projects, i.e., street projects, etc. Ms. Pike clarified that the group thought the franchise fee should be increased because they did not want to divert money from basic City services. Mr. John noted that anything Mediacom does may be passed along to the customers. Ms. Pike replied that was understood.
    Vicki Wilson, 3201 Blackberry Lane, spoke in support of community access. She said many of the things that makes Columbia a great place to live depends on social capital. She thought the social capital built in a community could be enhanced greatly by community access. In negotiations with the cable company, Ms. Wilson asked the Council to ensure community access exists not only in name, but that it is truly open to all members of the community and that it fully embraces the necessary resources to allow citizens to keep in touch with each other.
    Curt Fuchs, 3900 Faurot, spoke on behalf of the Columbia Public Schools. He explained that the District has access to Channel 16 through Mediacom. He said the channel is also used by approximately 80 students enrolled in the District's broadcast journalism classes. Mr. Fuchs explained that they have learned from other communities that the franchise agreement can include some revenues being received by the School District as well as to the City. He indicated that is their interest in participating in the negotiations.
    Kirk Keller, 1906 Lightview Drive, spoke in support of the community access channel and having it be a firm part of the negotiations for the franchise renewal. Regarding the Internet access issue, he said the City has given Mediacom, in a sense, two monopolies; one in term of cable access and the other is Internet access through that cable. He pointed out that all cities have not done that. In other cities, Mr. Keller explained that they have stipulated that the access to the cable modem platform be non-discriminatory, i.e., any Internet service provider can compete in that environment.
    Beth Federici, 13 Thistledown, asked the Council to make no decision regarding the Mediacom franchise until the September 15th document is seen. In reference to the cost of the studio being passed on to subscribers, she as a subscriber assumed that some of her fees were already going towards that based on language contained in the ordinance. Ms. Federici stated that if she is not already paying for the studio, she wondered where this money is going. She thought it is the responsibility of the cable company to pay for what they promised to do ten years ago and never did.
    Mr. Janku asked if Ms. Federici had any comments about the third party provider the Mediacom representative mentioned. Ms. Federici replied that she would have to see what the proposal was, but noted the only studios in town are either the local affiliates or the one belonging to the City. She doubted the local affiliates will allow the public to come in and use their equipment. If this did occur, it will be on a very limited basis.
    Mayor Pro tem Loveless closed the public hearing.
    Mr. Hutton made the motion that the issue be referred to the Cable Television Committee. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
 

OLD BUSINESS
B225-03     Calling for an election to be held on November 4, 2003 for sewer revenue bonds.
    The bill was given third reading by the Clerk.
    Mr. Beck explained that this bill, as well as the next, was held over from the last meeting to give the public ample opportunity to comment on the revenue bond issues. Several work sessions have been held and a list was developed that was felt to be the most essential projects needed in the sewer utility. The election will be held on November 4, 2003 with the issue being $18,500,000 to be paid out of user fees. The repayment will require rate increases of four percent in FY04 and FY05 and three percent increases in FY06 and FY07. The proposed rate increases over the four year period will amount to a total of $2.15 per month.
    Henry Lane, 1816 E. Broadway, noted the ballot mentions no rate increase for sewer. He questioned if it is necessary that the rate increase be as high as stated. Instead of raising the rates, Mr. Lane asked that the City depend on surplus money.
    B225-03 was read with the vote recorded as follows: VOTING YES: JOHN, ASH, CRAYTON, JANKU, LOVELESS, HUTTON. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

B226-03     Calling for an election to be held on November 4, 2003 for water and electric revenue bonds.
    The bill was given third reading by the Clerk.
    Mr. Beck noted that some very major projects will be before the voters in November. One is a second pipe line to the river for reliability and capacity, expansion of the plant and taking care of the areas north of I-70. This will provide a second pumping system for that area. Per month, the increase will be 56 cents for the average residential customer.
    Henry Lane, 1816 E. Broadway, reiterated his concern about no percentage increases being mentioned in the language.
    B226-03 was read with the vote recorded as follows: VOTING YES: JOHN, ASH, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

PR174-03     Creating a business area organization program.
    The policy resolution was given second reading by the Clerk.
    Mr. Beck noted that the Council discussed this issue at a work session. The purpose of the program is to allow business organizations to receive official City recognition, similar to that of neighborhood associations.
    John Clark, 403 N. Ninth, did not think this issue had been given adequate consideration. He quoted excerpts from a letter his neighborhood association sent to Mr. Janku, "A neighborhood is a neighborhood whether it is all residential, all business or mixed use. Please do not codify the potential conflict between business and residential interests in the same neighborhood by encouraging businesses in those neighborhoods, which probably includes neighborhood organizations, to form exclusive organizations. Your current neighborhood policy says basically neighborhoods are to be open to all interests." Mr. Clark indicated that if this is approved, it will make it possible for the exact same geographic area to be represented by two or three different organizations. He believed it will be impossible for the groups to work together.
    Pat Kelly, 1007 Grand, spoke as a long time neighborhood association member. She explained that the Ridgeway Neighborhood Association has allowed businesses to participate in their meetings. She said there is a lot of cooperation between the businesses and the neighborhood.
    Mr. Janku commented that the City does not want to discourage businesses from being neighborhood association members. He explained he was approached by an individual who is interested in corridor-type planning in the Business Loop area. There is another area north of 763 and this corridor abuts three or four more potential neighborhood associations. He said it will be tough for them to work together on something as part of separate neighborhood associations. Mr. Janku had a proposed amendment he hopes will clarify the role between the groups.
    Mr. Janku made the motion to amend PR174-03, Section 2. e. by adding the following sentence: "Communicate with adjacent or overlapping neighborhood associations." The motion was seconded by Mr. Ash and approved unanimously by voice vote.
    Mr. Ash understood the concerns about conflicts between business groups and neighborhood groups, but he did not perceive two groups in the same geographic area as being a bad thing. He believed input from multiple groups could be beneficial.
    Ms. Crayton encouraged the groups to work together.
    The vote on PR174-03, as amended, was recorded as follows: VOTING YES: JOHN, ASH, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. ABSENT: HINDMAN. Policy Resolution declared adopted, reading as follows:
 

B248-03     Approving the Auburn Hills 7 PUD site plan; authorizing a reduced perimeter setback.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this 3.86 acre tract will have six, single-family attached structures containing two, four, six and eight units for a total of 34 dwelling units. The Commission recommended approval with several conditions.
    Mr. Dudark noted the conditions on the overhead. The first is for a variance of five feet from the standard 25-foot perimeter setback because of streets on three sides. He noted a 50-foot setback on the east side because of a pipeline easement. The other variance related to the parking space in front of the garage on Lot 206. The proposal calls for posting a sign prohibiting vehicle parking at any time and that it be enforced by the property owner in the lease agreement. Mr. Dudark noted this is being sought because a car parked in this driveway would encroach into the drive area. He indicated there will be a parking space in the garage for the resident, and then another space will be provided for visitor parking.
    Jay Gebhardt, an engineer with The Civil Group, 1010 Fay, offered to answer any questions.
    Mr. Ash commented that the plan is creative, dense and limits sprawl. He thought it has an interesting design.
    B248-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, CRAYTON, JANKU, LOVELESS, HUTTON. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

B249-03     Granting a variance to the subdivision regulations regarding sidewalk construction along the north and west sides of Hinkson Creek Road, adjacent to Lot 1 of the Hunter and Lucas Addition.
    The bill was given second reading by the Clerk.
    Mr. Beck pointed out that approval was recommended by the Planning and Zoning Commission.
    B249-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, CRAYTON, JANKU, LOVELESS, HUTTON. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

B255-03     Amending Chapter 2 of the City Code reducing the membership of the Bicycle/Pedestrian Commission.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the Commission is requesting that their membership be reduced from 14 to 11 members.
    B255-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, CRAYTON, JANKU, LOVELESS, HUTTON. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

B256-03     Authorizing an agreement with Boone County for the design and construction of a storm water improvement project at Ludwick Boulevard and Goodin Branch Creek.
    The bill was given second reading by the Clerk.
    Mr. Beck explained the location to be west of Route TT where there have been some flooding problems. This will be a joint effort between the City and the County with the City paying a pro-rated portion of the cost.
    B256-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, CRAYTON, JANKU, LOVELESS, HUTTON. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

B257-03     Confirming the contract with Emery Sapp and Sons, Inc. related to the construction of the Rollins Road improvement project; appropriating funds.
    The bill was given second reading by the Clerk.
    After rebidding the project, Mr. Patterson explained that they received three bids. Staff recommends that the project be bid to include traffic calming, a 29-foot roadway with a five-foot sidewalk along the entire north side of the project, and an add alternate for a pedway along the south side. Mr. Patterson reported that Emery Sapp and Sons was the low bid with a base bid of $743,732.50. With the pedway included, the total would be $783,168.70. He stated staff recommends that the base bid be awarded with the pedway being constructed at the time it is determined what will be done with the park. The ordinance appropriates the additional funding necessary to construct the project, but if Council wishes to add the pedway to the contract, an amendment will need to be made appropriating an additional $40,000.
    Mr. Loveless asked if the speed humps and tables as well as the roundabout are included in the base bid. Mr. Patterson replied affirmatively. He said the neighborhood groups felt it important for those things to be included in the project. With the drainage project underway at the Rothwell and Rollins intersection, a speed table has been included at this location which will not be paid for out of this project, but out of storm water funds.
    Sarah Lang, 1012 Westport, explained she serves on the Rollins Road Planning Committee that incorporates Colonial Gardens, Broadway Farms and the Rothwell neighborhoods. She said residents have worked very closely with Mr. Patterson and the project engineer, Stuart King. The group is pleased with staff's willingness to listen and provide honest feedback to the neighborhood's comments. Ms. Lang was certain that what is before the Council tonight will meet everyone's needs.
    Kelly Mescher, 308 Stalcup, added her thanks to Mr. Patterson and Mr. King for working with the neighbors. She was very appreciative of the opportunity for input.
    Frank Schmidt, 801 Westport, urged the Council to fund the pedway at this point. He noted that it had come in $5,000 under estimate.
    Mr. Loveless commented it is the Council's intent to include the pedway when the final plan for Russell Park has been determined. He spoke of the reluctance to construct an eight-foot pedway that might have to be cut and reconstructed if a parking lot is established on the south side of the road.
    Mr. Ash asked if any grading work for the pedway could occur as part of this project. Mr. Patterson displayed a cross-section on the overhead which showed the full template of the road will be graded. He said even now without a paved surface, this is a level area behind the curb that can be used in most weather conditions.
    Mr. John asked about the length of the pedway. Mr. Patterson estimated it is a distance of perhaps 1,600 feet.
    At this point the Council discussed the lack of sidewalks in the area.
    Mr. John asked how much the contractor who the City uses for annual sidewalks charges per foot. Mr. Patterson replied that concrete is running anywhere from $3.50 to $5.00 per square foot, depending on grading. He thought $3.50 would cover placement when there is a level surface area. Mr. Patterson recalled the unit price on the bid being less than $3.00. Mr. John thought this might be the opportune time to construct the pedway.
    Mr. Loveless made the motion that B257-03 be amended to include the pedway on the south side and that an additional $40,000 be appropriated for the project. The motion was seconded by Mr. John and approved unanimously by voice vote.
    B257-03, as amended, was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, CRAYTON, JANKU, LOVELESS, HUTTON. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

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

B250-03     Approving the replat of part of Lot 2 of Country Club Villas Subdivision.
B251-03     Approving the replat of Lot 19C of Country Club Villas Subdivision.
B252-03     Approving the replat of Lot 37 of Country Club Villas Subdivision.
B253-03     Approving the final plat of Auburn Hills Plat 7.
B254-03     Approving the final plat of Keene Estates Plat No. 16.
B258-03     Authorizing acquisition of easements for the construction of the Rollins-Rothwell drainage project.
B259-03     Authorizing acquisition of property at 505 Mary Street for storm water control purposes.
B260-03     Authorizing acquisition of easements related to the construction of Sewer District No. 156 (Edgewood/Westmount Avenue).
B261-03     Authorizing acquisition of easements related to the construction of the 2003 Annual Sidewalk Improvement Project.
B262-03     Accepting easements for utility purposes.
B263-03     Amending the agreement with R.W. Beck, Inc.; appropriating funds.
B264-03     Authorizing a grant agreement with Public Safety Foundation of America, Inc.; appropriating funds.
B265-03     Amending Chapter 2 of the City Code related to conflicts of interest and financial disclosure procedures.
R177-03     Authorizing an agreement with the Missouri Department of Health and Senior Services related to day care inspections.
R178-03     Authorizing application of FHWA and FTA Planning Grants for FY 2004.

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

NEW BUSINESS
R176-03     Setting a public hearing: voluntary annexation of property located on the southwest side of U.S. Highway 63 and on the north side of Gans Road.
    The resolution was read by the Clerk.
    Upon his request, Mr. Janku made the motion that Mr. John be allowed to abstain from voting on R176-03. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
    Mr. Hutton made the motion that R176-03 be amended by changing the public hearing date from September 2nd, 2003 to October 6th, 2003. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    The vote on R176-03, as amended, was recorded as follows: VOTING YES: ASH, CRAYTON, JANKU, LOVELESS, HUTTON. VOTING NO: NO ONE. ABSTAINING: JOHN. ABSENT: HINDMAN. Resolution declared adopted, reading as follows:
 

R179-03     Authorizing acceptance of an FAA grant for the purchase of an aircraft rescue fire fighting vehicle.
    The resolution was read by the Clerk.
    Mr. Beck noted that after the FAA's annual inspection for compliance with fire and rescue requirements, inspectors urged the City to replace their rescue vehicle. He reported that 90% of the cost of such will be provided through a federal grant.
    Mr. John commented that the Council discussed this issue at the pre-dinner meeting as to whether the equipment is actually needed. He said it is an FAA requirement that the vehicle be purchased. The Council had been told this will have to occur either this year or next if the City plans to maintain any passenger service at all.
    The vote on R179-03 was recorded as follows: VOTING YES: JOHN, ASH, CRAYTON, JANKU, LOVELESS, HUTTON. VOTING NO: NO ONE. ABSENT: HINDMAN. Resolution declared adopted, reading as follows:
 

R180-03     Approving the preliminary plat of Boone Prairie located on the east side of Brown Station Road, south of U.S. Highway 63.
    The resolution was read by the Clerk.
    Mr. Beck noted that this preliminary plat had been recommended for approval by staff as well as the Planning and Zoning Commission. This 50.6 acre tract will create ten PUD-12 zoned lots, and 12 lots zoned a combination of M-R and M-C.
    Mr. Dudark pointed out the proposed street that lines up with Blueridge creating a four-way intersection. He indicated the possibility of a future traffic signal at this location. He stated that additional right-of-way will be dedicated along Brown Station Road and no individual driveway access will occur -- all access will be to the interior street system.
    Mr. Hutton asked about the accuracy of the map. Mr. Dudark replied that it is accurate.
    Mr. Janku questioned whether any thought had been given to a traffic circle as opposed to a stop light. Mr. Dudark replied the applicant reviewed this possibility, but there is not enough room without acquiring property from a residential lot.
    Since the Council looked at this and had a traffic study done after the original zoning, Mr. John asked what changes, if any, were made to the zoning. Mr. Dudark stated there have been no changes to the zoning -- two-thirds of the tract is still planned zoning (PUD and M-R). The far east portion in the back is zoned M-C.
    Mr. Hutton inquired about screening requirements along Brown Station. Mr. Dudark said the Council will have to approve a plan for that PUD portion.
    The vote on R180-03 was recorded as follows: VOTING YES: JOHN, ASH, CRAYTON, JANKU, LOVELESS, HUTTON. VOTING NO: NO ONE. ABSENT: HINDMAN. Resolution declared adopted, reading as follows:
 

R182-03     Renaming the Martin Luther King, Jr. Memorial Garden to the Martin Luther King, Jr. Memorial at Battle Garden.
    The resolution was read by the Clerk.
    Due to the significant contributions Dr. Muriel Battle gave to our community, and the gifts made in her honor to restore the Martin Luther King, Jr. Memorial, Mr. Beck explained that staff is recommending the name of the Martin Luther King, Jr. Memorial Garden be renamed to the Martin Luther King, Jr. Memorial at Battle Garden.
    The vote on R182-03 was recorded as follows: VOTING YES: JOHN, ASH, CRAYTON, JANKU, LOVELESS, HUTTON. VOTING NO: NO ONE. ABSENT: HINDMAN. Resolution declared adopted, reading as follows:
 

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

B269-03     Adopting the Special Business District FY 2004 Annual Budget.
B270-03     Amending Chapter 27 of the City Code relating to water rates.
B271-03     Amending Chapter 27 of the City Code relating to the installation of water service lines.
B272-03     Amending Chapter 27 of the City Code relating to the testing of back flow prevention devices.
B273-03     Amending Chapter 22 of the City Code relating to solid waste rates.
B274-03     Amending Chapter 22 of the City Code relating to sewer utility fees.
B275-03     Repealing Ordinance 17434; establishing Parks and Recreation fees.
B276-03     Authorizing voluntary annexation of property located on the north side of St. Charles Road, approximately 100 feet east of Upland Creek Road; establishing permanent zoning.
B277-03     Authorizing voluntary annexation of property located on the north side of Mexico Gravel Road (State Route PP), approximately 375 feet east of Spring Cress Drive; establishing permanent zoning.
B278-03     Authorizing voluntary annexation of property located on the east side of Strawn Road (State Route ZZ), north of West Worley Street, extended; establishing permanent zoning.
B279-03     Authorizing voluntary annexation of property located at the western terminus of Smith Drive; establishing permanent zoning.
B280-03     Authorizing voluntary annexation of property located on the north side of Brown School Road, approximately 3,000 feet west of Range Line Street (State Route 763); establishing permanent zoning.
B281-03     Rezoning property located on the north side of Grindstone Parkway, between Green Meadows Road, extended and Rock Quarry Road, from A-1 to C-P; approving a C-P Development Plan.
B282-03     Approving the final plat of Rock Quarry PUD.
B283-03     Approving the final plat of Eastport Plat 1, a replat of Lake of the Woods South Subdivision, Plat 1.
B284-03     Approving the final plat of Oakland Junior High Subdivision Block 2.
B285-03     Approving the final plat of Model Bakery Subdivision, a replat of part of J.C. Conley's Subdivision.
B286-03     Vacating a portion of street right-of-way along the northern boundary of Northwest Highlands Second Addition.
B287-03     Amending Chapter 14 of the City Code relating to the speed limit on Richland Road.
B288-03     Calling for bids related to the 2003 Annual Sidewalk Gap Construction Project.
B289-03     Authorizing a development agreement with CenterState Properties, LLC and Central Concrete Company for contribution of street right-of-way for Lake Ridgeway Road.
B290-03     Confirming the contract of Aplex, Inc. for the construction of Sixth Street from Wilkes Boulevard to Hickman Avenue.
B291-03     Appropriating FAA grant funds for the purchase of an aircraft rescue fire fighting vehicle.
B292-03     Accepting conveyances for water utility purposes.
B293-03     Authorizing an agreement with B & B Agricultural, LLC for conveyance of land; accepting conveyance for water utility purposes.
B294-03     Appropriating funds for the D.A.R.E. Program.
B295-03     Authorizing an agreement with Trans States Airlines, Inc. to provide financial incentives to continue providing an early morning departure and late evening flight from Columbia Regional Airport; appropriating funds.
B296-03    Change Order No. Six to the contract with Curtiss-Manes-Schulte, Inc. relating to construction of The ARC.
 

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

(B)     Purchase of Property for Future Fire Stations.
    Mr. Beck explained that money was budgeted to pursue the purchase of two stations. After reviewing sites for the best location, staff recommends that one tract be pursued in the area of Blueridge Road and Garth Avenue and a second in the general area of Keene Street and St. Charles Road. He noted that pursuit of the north central site will provide some service to the northwest area. The next step will be to appraise the tracts and determine whether it is feasible to proceed with purchase of the land.
    Mr. Hutton noted for one site there are two preferred locations. He asked if both lots will be appraised. Ms. Hopkins indicated that is what staff suggests.
    Mr. John asked about the site located on the south side of WW. Ms. Hopkins responded that they looked at that tract, but Chief Markgraf felt it would create too many sight problems in regard to the ingress/egress of the fire apparatus.
    Mr. Janku remarked that Chief Markgraff indicated the northwest area is most in need of a new station. He questioned if a site is identified in this area, whether funds are available to proceed with its purchase. Mr. Beck responded that not all three tracts can be purchased. Mr. Janku asked if a public improvement fund could be used. Mr. Beck believed there are not enough funds in the CIP for purchase of more than two tracts.
    Mr. Ash suggested proceeding with the purchase of just one lot in case a northwest site becomes available. Mr. Janku supported that idea. Given that it is clearly the highest need area, he did not want to preclude the opportunity of purchasing a lot in this location should something become available. Mr. Beck pointed out that staff thinks the suggested sites will not be available for much longer.
    Mr. Hutton thought the Council should move forward with what was before them and if something opens up in the northwest, then staff will have to find a funding source. The Council concurred.
    Mr. Hutton made the motion that staff be directed to proceed with appraisals. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

(C)     Again Street Park Lighting Improvements.
    After the Parks and Recreation staff and the Water and Light staff looked at the situation, Mr. Beck explained that the recommendation is for six colonial style light poles within the park. The estimated cost is $12,000. The project could be paid out of the Parks and Recreation annual park improvement funds.
    Mr. Ash asked about any preventative measures that could be taken to protect the lights from being broken out. Mr. Hood explained that the fixtures contain features that are considered to be vandal resistant. He noted these are the same type of fixtures recently installed in the Field Neighborhood Park. Mr. Hood reported they have been fairly well-received and he reported no major problems with them.
    Ms. Crayton made the motion that a resolution be prepared. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

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

BUILDING CONSTRUCTION CODES COMMISSION
Shanker, Richard A., P.O. Box 10202, Ward 6 - term to expire 8/1/05 (fire alt)

CONVENTION & VISITORS ADVISORY BOARD
Casler, Alison L., 3609 Wakefield, Ward 5 - term to expire 9/30/04 (O/O)

DISABILITIES COMMISSION
Henson, Lee, 3104 Greenbriar, Ward 5 - term to expire 6/15/06

BOARD OF ELECTRICAL EXAMINERS
Thomas, Robert J., 3911 Foxcreek Way, Ward 5 - term to expire 8/1/06 (electrician)

BOARD OF HEALTH
Szewczyk, Michael J., 1404 Highlands Ct., Ward 5 - term to expire 8/31/06 (physician)

HISTORIC PRESERVATION COMMISSION
Doyle, Mary K., 1006 W. Rollins, Ward 4 - term to expire 9/1/06 (layperson/active)
Silverman, David S., 304 Sanford, Ward 1 - term to expire 9/1/06 (layperson/expertise)
 

COMMENTS BY STAFF, COUNCIL AND PUBLIC
    Mr. Janku made the motion that Mayor Hindman be authorized to appoint an information promotional committee for the water and sewer bond issues. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.

    Mr. Ash asked about the possibility of staff creating some type of nuisance reporting system for small items. He suggested that perhaps it could be located on the Cit's web site where people can point out things they feel need attention.
    Mr. Ash made the motion that staff report back on a way of dealing with the issue of reporting such things and getting the request to the proper person. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

    Mr. Ash passed a letter to the City Manager from a renter who had found that her utilities were transferred to her landlord's name and then were subsequently shut off. Mr. Beck said he would check into it.

    Mr. Janku, on behalf of Mayor Hindman, made the motion that staff report back on building heights in C-3 zoned areas. The motion was seconded by Mr. Ash and approved unanimously by voice vote.

    Mr. Janku remarked on a constituent's request about a traffic study that was being done on Amazon Drive. He asked for an update.

    Mr. Janku passed Mr. Beck an article about what Memphis is doing to fund their future electricity purchases.

    John Clark, 403 N. Ninth, encouraged the Council to contact some architects and seek their input relating to an Urban Design Code, specifically the issues pertaining to building heights and street widths.

    The meeting adjourned at 1:05 a.m.

    Respectfully submitted,

    Penny St. Romaine
    City Clerk