M I N U T E S

CITY COUNCIL MEETING - COLUMBIA, MISSOURI

DECEMBER 6, 2004



INTRODUCTORY

The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, December 6, 2004, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members CRAYTON, JANKU, HUTTON, LOVELESS, JOHN and ASH were present. Mayor HINDMAN 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 November 15, 2004, were approved unanimously by voice vote on a motion by Mr. Janku and a second by Mr. Loveless.

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA

Mayor Pro tem Hutton noted that requests to table B386-04 and B355-04 had been received and that B423-04, which involved an agreement with the Housing Authority, would be added to the Introduction and First Reading section of the agenda. In addition, Mayor Pro tem Hutton pointed out that B402-04, under Introduction and First Reading, had been changed since the time the Council packets were distributed.

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 Pro tem Hutton introduced Boy Scout Troop 706 from St. Andrews Lutheran Church and their leader, Richard Grant. The Scouts were present as part of their Citizenship in the Community merit badge requirement.

SPECIAL ITEMS

R248-04 Authorizing contracts with various organizations to fund human rights education programs.

The resolution was read by the Clerk.

Mr. Beck explained that $5,100 had been budgeted toward these programs. The resolution would authorize the signing of the recommended agreements.

David Finke, 1106 Maplewood, Chair of the Human Rights Commission, explained that community education and outreach was one of the main functions of the Commission. The purpose of this funding, he stated, was to provide financial support for local organizations engaged in programming that promoted cultural understanding, human rights education, and the reduction or elimination of discriminatory practices in the community. It was also intended to encourage collaboration between organizations and individuals concerned with human rights issues and to assist them in leveraging other monies in the support of human rights issues. Mr. Finke noted that the Commission used a well developed funding process designed to address a variety of community groups. He explained that of the nine requests for funding this year, they were recommending eight, and of the $7,600 requested, they were recommending approval of $4,700. On behalf of the Commission, he thanked the Council for their ongoing support of human rights education.

Mr. Loveless asked about the $600 request for the job shadowing program at Parkade School. Mr. Finke replied this program paired 5th grade students with African American role models to learn about their heritage. Mr. Steinhaus provided the breakdown of the $600 request and added that the Parkade PTA provided $500 in matching funds for other related expenses.

Ms. Crayton asked if the Commission would be working on transitioning recently released prisoners. Mr. Finke explained their approach was to encourage community groups to make proposals to them. They did not come up with the ideas. He added that he thought this could be worthy of submitting a proposal.

The vote on R248-04 was recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. ABSENT: HINDMAN. Resolution declared adopted, reading as follows:

SCHEDULED PUBLIC COMMENTS

Otto Trachsel - Utility billing practices; more than one billing address gets multiple bills and billing dates.

Otto Trachsel, 3702 Wayside, provided a handout showing that Boone Electric was able to send one bill for those customers with multiple meters. He noted that he owned three properties in town with three separate meters, and therefore, received three monthly bills with the due dates spread out. He explained that he was not able to combine them and pay them with one check and one stamp. When he inquired about this, he was told by the Finance Department that they were not able to group them together. He asked the Council to look into this issue.

PUBLIC HEARINGS

B384-04 Rezoning property located on the southeast corner of West Ash Street and Clinkscales Road from R-3 to C-P.

The bill was given second reading by the Clerk.

Mr. Beck explained this would provide for commercial uses on the east side of Clinkscales. Staff expressed concern about additional traffic, particularly near the intersection, and the precedent C-3 zoning would set. The Commission voted 6 to 3 to deny the request.

Mayor Pro tem Hutton opened the public hearing.

Tom McNabb, 104 Clinkscales, explained that he received word this afternoon that there had been a change in plans and asked Mr. Day to speak first.

Leroy Day, 2300 Litchfield, explained that Peggy of Peggy Jean's Pies was his wife and that because of health reasons, she and her partner would not be able to re-open their business at this location or any other location, as previously planned. He was hopeful the Council could find a suitable use for the property.

Mr. McNabb noted that he had lived or worked within two blocks of this area for 49 years. He pointed out the property's previous uses as a tavern, restaurant, grocery store, deli, laundromat, credit bureau, real estate office, sports club office, satellite TV office, dentist office, and insurance office and added that the property had now been vacant for almost two years. He explained that when he bought the property 20 years ago, the City had given him permission to change the access at that corner. Although it was not a perfect situation, he felt he made a dramatic improvement by eliminating some driveway approaches and moving some others. He also cut out some unnecessary asphalt, installed landscape islands, and matched the roof on this corner building to the others around it. He felt he blended the entire corner into the adjacent surroundings. Mr. McNabb stated that he spoke to the surrounding residents concerning a pie shop at this location and had received no negative responses. He also talked to some of the residents about what this could be if the pie shop was no longer there. He passed out a list of uses, which he felt might fit the corner, and asked the Council to look at them. He felt these uses would satisfy concerns regarding low trip generation. Regarding the concern about setting a precedent, Mr. McNabb pointed out that there were no other properties with a history of commercial uses in an existing building on a small lot like this in western Columbia.

Mr. Janku asked if there was existing kitchen equipment in the structure. Mr. McNabb replied there was not. Mr. Janku asked if a medical or dental clinic could be done under office zoning. Mr. McNabb thought so and added that the top 6 or 7 uses came from the Planning Staff after this request was tabled. The additional neighborhood uses were items he came up with on his own and thought would generate low traffic, while still being a productive use for the property.

There being no further comments, Mayor Pro tem Hutton closed the public hearing.

Mr. Hutton asked what uses would be allowed under a grandfathering situation. He did not think many of the past uses would be allowed in R-3. Mr. Boeckmann explained that if one had a non-confirming use in a C-1 classification they could change it to another use in that same classification. There was no time provision and the ordinance stated that if the use was discontinued, any future use of the premises shall be in conformity with the provisions of the zoning code.

Mr. Janku asked about Staff concerns. Mr. Watkins replied that Mr. McNabb was correct in that there had been three Staff concerns. The primary concern was his request for all C-1 uses because there were some they had real difficulties with, such as a liquor store. Subsequently, he noted that Staff met with Mr. McNabb to try to come up with a list of acceptable uses. If Council felt comfortable rezoning the tract to C-P and would limit the uses to a small, acceptable list with limited traffic and only five parking spaces, he thought the Staff concerns would be minor. If the list handed out was compatible with what is written in the ordinance, Mr. Watkins stated it would be acceptable to Staff.

Because commercial activities had already occurred at this location, Mr. Ash felt it would not be out of character, if this were rezoned. He thought it seemed like neighborhood commercial, which they, in theory, encouraged. Mr. Ash also pointed out that this might be a business where someone in the neighborhood could obtain employment. He saw no problem with the request.

Mr. Janku asked if the building could be used "as is" without submitting a plan. Mr. Watkins understood the existing building could be used "as is" without submitting a C-P plan and that it was not until someone wanted to make changes that a plan would be required. Mr. Janku asked if that would include any changes in signage, lighting, and those types of issues. Mr. Watkins believed that to be correct.

Mr. Ash asked if now would be the time, in light of what was just said about a plan not being required, to address the driveway location concerns.

Mr. John thought the request was a good idea because the uses were very limited. He did not see any of them creating an access problem. With a five space parking lot, he did not feel a huge traffic jam would be created at the intersection.

B384-04 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

B385-04 Rezoning property located on the southeast corner of Forum Boulevard and Forum Katy Parkway from R-3 PUD to C-P.

The bill was given second reading by the Clerk.

Mr. Beck explained the tract contained 2.6 acres and that it was recommended for approval by both Staff and the Commission on a 9-0 vote.

Mr. Ash noted a discussion about limiting access from Forum and a requirement that it be 150 feet east of the Forum Katy Parkway intersection. He asked if that did not need to be included in the ordinance. Mr. Hutton replied that he assumed it would be part of the plan and thought he read in the minutes that the applicant agreed to the requirement.

Mayor Pro tem Hutton opened the public hearing.

Jay Gebhardt, an engineer with A Civil Group, 1010 Fay Street, stated that they had agreed to all of the Staff conditions. He noted the City Land Use Plan showed this area as commercial. He noted a driveway approximately 150 feet across from the north and added that Mr. Kelly had no intention of putting a driveway any closer than that. If Staff had an issue with the driveways lining up, he stated that they would be glad to offset it.

There being no further comments, Mayor Pro tem Hutton closed the public hearing.

B385-04 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

B386-04 Rezoning property located on the northwest corner of Bold Venture Drive and Smiley Lane from A-1 to PUD-8.

The bill was given second reading by the Clerk.

Mayor Pro tem Hutton pointed out a request to table this issue had been received.

Mayor Pro tem Hutton opened the public hearing.

Jay Gebhardt, an engineer with A Civil Group, 1010 Fay Street, felt it was in everyone's best interest to table the issue so different possibilities could be looked into.

Mr. Loveless made the motion that they table B386-04 to the December 20, 2004 Council meeting. The motion was seconded by Mr. John.

Wanda Ely, 1513 Smiley, stated she owned property directly west of Bold Venture. When Smiley was being widened, she commented that it was agreed that the property would remain A-1 or residential on Smiley. Ms. Ely noted they had been given a conceptual drawing of the property and were told what they wanted to do with it. She felt a PUD-8 would be a lot of buildings in a small area. Her concern was that they not have stacks upon stacks of duplexes on that side of her also. If they had to adhere to the conceptual drawing, she stated she did not think she would have any objections because they show a public area and only five duplexes.

Mayor Pro tem Hutton noted that they would most likely table the issue and suggested that Ms. Ely attend the next meeting.

There being no further comments, Mayor Pro tem Hutton continued the public hearing until the next meeting.

The motion to table, made by Mr. Loveless and seconded by Mr. John, was approved unanimously by voice vote.

B387-04 Approving the Ruby Tuesday C-P Development Plan.

The bill was given second reading by the Clerk.

Mr. Beck described this as one and one-half acres with a single structure containing 4,775 square feet. The parking lot was proposed to have 131 spaces. Staff recommended approval of the plan, provided some of the signage was scaled back. The Commission voted for approval on an 8-1 vote, provided on-site lighting standards were 20 feet in height with full cut off, shoebox type fixtures and the 30 foot pylon sign was replaced with a monument sign having 24 square feet of surface area on each side.

Mr. Hutton understood the plan had not been revised to meet the conditions and that they would hear from the applicant regarding the conditions. Mr. Watkins replied that was correct and that before the actual plan was approved, Staff was hopeful the Council would include those conditions. The plan would be revised, if required.

Mayor Pro tem Hutton opened the public hearing.

Brian Harrington, an engineer with Allstate Consultants, 3312 LeMone Industrial, stated that they discussed the conditions and had no problem going along with them.

Mr. Loveless asked if the applicant would be willing to go with less parking or set some aside to see if it would be needed. Mr. Harrington commented that he did not believe they would be agreeable to that because they already had an existing store in town, which provided them an accurate comparison of needed parking. They had complete confidence that they would need the parking proposed.

Mr. Hutton asked about the occupancy limit. Mr. Harrington said the limit was 226. Mr. John pointed out that this class of restaurant with a bar required a lot of parking with most requiring one and one-half acres to two acres. He noted this was light compared to some and added that a TGI Fridays would require 175 to 200 spaces. There being no further comments, Mayor Pro tem Hutton closed the public hearing.

Mr. Janku asked about the pervious surface area and if the square footage was basically the pervious area in landscaping. Mr. Patterson replied the report stated that 19.7% would be the open space or pervious area . Mr. Janku asked if they considered the landscaping as the pervious equivalent. Mr. Patterson stated he thought that was what they were using as their landscape area. Mr Harrington also believed that to be correct.

Mr. Ash asked about the conditions. Mr. Boeckmann suggested adding a new section 3, which would state approval of the C-P Development Plan was subject to the following conditions: the on-site lighting standards shall be 20 feet in height with full cutoff shoebox type fixtures; the proposed 30-foot tall pylon sign shall be eliminated; and a monument sign with 24 square feet of surface area (each side) shall be allowed in place of the pylon sign, and then renumbering the current section 3 to section 4.

Mr. Ash made the motion that B387-04 be amended per Mr. Boeckmann's suggestion. The motion was seconded by Mr. John and approved unanimously by voice vote.

B387-04, as amended, was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

B394-04 Authorizing construction of water main serving CenterState, Plat 4; providing for payment of differential costs.

The bill was given second reading by the Clerk.

Mr. Beck described this project as 635 feet of 12 inch water main along Woody Lane. The developer would pay the 8 inch equivalent cost of the pipe and the City's estimated cost of $12,211 was to come from Water and Electric funds.

Mayor Pro tem Hutton opened the public hearing.

There being no comments, Mayor Pro tem Hutton closed the public hearing.

B394-04 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

B395-04 Calling for bids for the McBaine Water Treatment Plant expansion project.

The bill was given second reading by the Clerk.

Mr. Beck described this as one of three major projects included in the 2003 ballot issue.

Mr. Dasho explained the hearing was to cover the expansion of the Water Treatment Plant and that the engineer would discuss in detail the planned expansion of the Plant.

Mayor Pro tem Hutton opened the public hearing.

Jeff Gratzer, Jacob Civil Engineering, 501 N. Broadway, St. Louis, explained the expansion at the McBaine Treatment Plant involved expanding the plant from its current capacity of about 24 million gallons per day to 32 million gallons per day. This was required to meet the water demand within the system due to growth. He further explained this expansions was planned expansion and consisted of the following major parts - additional primary and secondary settling basins, additional filters, additional pumps to pump the water from the McBaine Plant to the City's distribution system, and a new lime softening system at the Plant. The estimated construction cost was $8.6 million.

There being no further comments, Mayor Pro tem Hutton closed the public hearing.

B395-04 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

(A) Voluntary annexation of property located on the west side of Roger I. Wilson Memorial Drive.

Item A was read by the Clerk.

Mr. Beck explained this property was owned by the Missouri National Guard and the applicant was requesting M-1 zoning. He pointed out that the area was served by Boone Electric, a City sanitary sewer line was located approximately 300 feet west of the site, and an 8-inch City water line was located along the west side of Roger I. Wilson Memorial Drive.

Mayor Pro tem Hutton opened the public hearing.

There being no comments, Mayor Pro tem Hutton closed the public hearing.

(B) Construction of water main from the water treatment plant at McBaine to Scott Boulevard.

Item B was read by the Clerk.

Mr. Beck explained this to be the second major project in the water utility. The project would be paid for by Water and Light funds that were authorized by the ballot issue.

Mr. Dasho noted the importance of the 36-inch main to the redundancy of the water system. There was one 36-inch main from the Plant which served the City of Columbia. He pointed out that many contractors had run into the pipe in past causing outages.

Mayor Pro tem Hutton opened the public hearing.

Jeff Gratzer, Jacobs Civil, 501 N. Broadway, St. Louis, gave a brief overview of the five alignments they looked at for this second transmission main. The first alternative was approximately 23,000 feet long and would affect 22 private properties along Highway K, Highway KK, and Scott Boulevard. It also included six road crossings and one creek crossing. The next one was just over 22,000 feet long and would affect 14 private properties. In addition, there would be four road crossings and the same creek crossing along Scott Boulevard. The third alternative would involve tearing up new streets that were just put in and creating a lot of conflicts with other utilities. The next two alternatives consisted of coming up through properties basically owned by the City or by Boone County and the MKT Trail. One of them was about 21,000 feet long, involved two private properties, three creek crossings, and two crossings of the MKT Trail. The last alignment had them staying on City property, coming back across Hinkson Creek on the south side of the existing Wastewater Plant, tying back in, and coming back out to Scott Boulevard. That alignment was just under 24,000 feet long, would not affect private properties, and did not involve road crossings, but would involve seven creek crossings and four crossings of the MKT Trail. Their recommendation to Staff was to proceed with alternative four at an estimated cost of $3.7 million.

Mr. Beck noted they would be bidding an alternate type of pipe. Mr. Gratzer explained they would be bidding both the prestress concrete pipe and the ductile iron pipe as part of the project. He felt this would provide flexibility and some potential cost savings.

Mr. Hutton asked about cost comparisons. Mr. Gratzer replied that alternative one was $4.2 million, alternative two was $4.15 million, alternative three was not feasible, and alternative five was $4.25 million.

Mr. Beck pointed out that preliminary plans were provided to the Council to review during the public work session due to the magnitude of the project. Feedback was provided to the consultant at that time.

There being no further comments, Mayor Pro tem Hutton closed the public hearing.

Mr. John felt that if this was the most cost effective way to get it done, the City should proceed. Mr. Hutton pointed out that the $3.7 million was significantly lower than the original estimate. Mr. Dasho commented that when they initially looked at this, they were talking about $6 million.

Mr. John made the motion that Staff be directed to proceed with alternative number four. The motion was seconded by Ms. Crayton and approved unanimously by

voice vote.

OLD BUSINESS

B355-04 Vacating unbuilt street right-of- way for First Street.

The bill was read by the Clerk.

Mayor Pro tem Hutton noted that this item was requested to be tabled, but invited anyone to speak on the issue.

Mr. Loveless made the motion that B355-04 be tabled to the January 3, 2005 Council meeting. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

CONSENT AGENDA

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

B388-04 Approving the Final Plat of Mill Creek Manor, Plat No. 2; authorizing a performance contract.

B389-04 Approving the Final Plat of The Cascades, Plat No. 5; authorizing a performance contract.

B390-04 Approving the Final Plat of Elm Grove Subdivision, Plat 3, a Replat of Lots 13 and 14 of Elm Grove Subdivision, authorizing a performance contract.

B391-04 Approving the Final Plat of Timber Creek, Plat No. 3, a Replat of Lot 1 of Timber Creek, Plat No. 1.

B392-04 Authorizing acquisition of easements for the construction of the Concordia Drive and Walther Court drainage improvement project.

B393-04 Accepting conveyances for drainage, sewer, sidewalk, street, and utility purposes.

B396-04 Accepting conveyance; authorizing payment of differential costs for water main serving Dakota Ridge, Plat 1; approving the Engineer's Final Report.

B397-04 Accepting conveyance; authorizing payment of differential costs for water main serving Hunter's Gate, Plat 3A; approving the Engineer's Final Report.

B398-04 Accepting conveyances for utility purposes.

B399-04 Accepting and appropriating donated funds for the Special Olympics program.

B400-04 Appropriating SEMA grant funds for the purchase of fire department equipment to be used for weapons of mass destruction incidents.

R239-04 Setting a public hearing: voluntary annexation of property located on the south side of Thompson Road, east of the City limits.

R240-04 Setting a public hearing: reconstruction of Hope Place between West Boulevard and Hardin Street.

R241-04 Authorizing contracts with various social service agencies.

R242-04 Authorizing agreements with various home health care agencies for homemaker/personal care and respite care services.

R243-04 Authorizing an agreement with Tiger Pilot Club for operation of a candy vending machine at Columbia Regional Airport.

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

NEW BUSINESS

R244-04 Approving the Preliminary Plat of Williamson Place.

The resolution was read by the Clerk.

Mr. Beck described this as a major subdivision at the southeast corner of Route K and High Point Lane. The tract was approximately 40 acres in size and would create 130 R-1 lots. The Planning and Zoning Commission recommended approved on an 8 - 0 vote.

The vote on R244-04 was recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. ABSENT: HINDMAN. Resolution declared adopted, reading as follows:

R245-04 Approving the Preliminary Plat of Madison Park.

The resolution was read by the Clerk.

Mr. Beck explained that this major subdivision would create 29 R-1 lots and that approval was recommended by the Commission on an 8-0 vote with conditions.

Jay Gebhardt, an Engineer with A Civil Group, 1010 Fay Street, asked if anyone had any questions regarding the proposed change for the trees. Mr. Ash asked for an explanation. Mr. Hutton asked, if at the Planning & Zoning meeting, they had gone back to putting the sidewalks in the right-of-way. Mr. Gebhardt replied that he believed this was approved unanimously at Planning and Zoning with the trees and setting the sidewalks back on the lots in a public sidewalk easement. Mr. Hutton asked where the building setback line compared to the sidewalk. Mr. Gebhardt replied the setback would be the standard 25 feet for R-1. They would have a 5-foot sidewalk, basically five feet closer, so from the sidewalk, it would look like the houses were closer to the sidewalk. Mr. Hutton asked how far the sidewalk would be from the building line. From the edge of the sidewalk to the front of the house, Mr. Gebhardt replied it would be 20 feet. He noted an issue about the utility lines and indicated that he proposed to fix it by dedicating a 15-foot utility easement that would give Water and Light their standard 10-foot utility easement behind the sidewalk. Five feet of their normal ten feet would be used for sidewalk. He would provide 15 and they would use five of it, leaving ten feet for utilities. Mr. Gebhardt stated their intent was to take it out of its standard location, one foot inside the right-of-way, and move it adjacent to the right-of-way, just outside of it. The sidewalk would then cover five feet of the normal 10-foot utility easement. To give Water and Light their normal ten feet, he would dedicate a 15-foot easement with five feet of the 15 being used for the sidewalk. Mr. Janku asked if his understanding was that it would be in the street right-of-way. Mr. Gebhardt understood it would not be in the street right-of-way. Mr. Janku thought the ordinance was saying it would be in the street right-of-way. Using a map, Mr. Gebhardt described what they were talking about. He also noted this was not a make or break deal, but Mr. Wolverton was wanting to plant some larger trees to create a traditional neighborhood feel.

Mr. Ash asked about the advantage of having the sidewalk normally within the right-of-way. Mr. Patterson replied that when the City had a utility easement, unless it specifically stated the use of a sidewalk on it, he was not sure the City would have the right to put a sidewalk there as far as it being in a public right-of-way. Other than that, he was not sure there was really any reason that it be on the utility as opposed to the right-of-way.

Mr. Hutton referred back to Staff and asked if they were okay with the additional easement. Mr. Dasho said he was fine with the 10-foot easement next to the sidewalk. Mr. Patterson replied that as long as the sidewalk easement clearly authorized a "public sidewalk" in part of the easement conditions, he thought their needs would be satisfied. Mr. Hutton asked if all of this would happen with the final plat. Mr. Patterson replied that was correct.

Mr. Janku made the motion to amend R245-04 by changing Section 3, subsection 1, to read the sidewalks shown in the 15-foot utility easement shall be constructed in a public sidewalk easement. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.

The vote on R245-04, as amended, was recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. ABSENT: HINDMAN. Resolution declared adopted, reading as follows:

R246-04 Approving the Preliminary Plat of Creasy Springs Ridge.

The resolution was read by the Clerk.

Mr. Beck explained that this 2.8 acre tract would create 12 R-1 lots. The Planning Commission approved it on a 6-2 vote subject to a change in a street name to avoid duplication. He asked Mr. Patterson about an issue regarding streets. Mr. Patterson replied the issue surrounded whether the location of the street came down Creasy Springs or Proctor. He understood there had been meetings with the developer, the engineer, and City Staff and that there had been an agreement to relocate the street to Proctor. They were concerned about it coming out on Creasy Springs within 125 feet of Proctor. He believed it had been adjusted and a different plat would be brought forward.

Jay Gebhardt, an engineer with A Civil Group, 1010 Fay Street, explained that they had met with Staff after the Planning and Zoning meeting and had promised to get it to the Planning Staff on Thursday. He found that making the change was a little more difficult than anticipated and did not get it to Staff until 4:30 today. For that reason he asked to have the issue tabled. He explained that what he was proposing would require two variances; a centerline curvature variance from 100 feet to 75 feet and a variance for a five-foot utility easement on one side.

Mr. Loveless made the motion that R246-04 be tabled to the December 20, 2004 meeting. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

R247-04 Granting a permit to allow removal of the downtown canopy located in front of 1025 E. Broadway.

The resolution was read by the Clerk.

Mr. Beck explained that because it took Council permission to install the canopy, it also required Council approval to remove it. He noted that the removal was required in order to be eligible for historic tax credits. The Metropolitan Improvement Corporation, owner of the canopy, had given consent to the removal. He noted that the tax credits would help the owner with expenses in the renovation of the building.

Charles Franklin, 905 Audubon, explained that he and his wife were the owners of the Kress Building. Over the past 18 months, they had made some major renovations in the building, which was now a bar and night club. Because the canopy was not there at the turn of the century, it could not be there if registration on the National Register of Historic Places was to occur. He noted they were not required to remove the canopy in front of the entire building. There would be three feet remaining. Once Council approval was given, Mr. Franklin stated he understood they would still need to get permission from Public Works for the method they wished to use and for the restoration of the sidewalk.

The vote on R247-04 was recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. ABSENT: HINDMAN. Resolution declared adopted, reading as follows:

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

B401-04 Voluntary annexation of property located on the west side of Roger I. Wilson Memorial Drive; establishing permanent M-1 zoning.

B402-04 Rezoning property located on the north side of Broadway, south of West Ash Street, between Fairview Road and Park de Ville Avenue from R-1 and C-1 to C-P.

B403-04 Rezoning property located east of North Tenth Street and north of Park Avenue from M-1 to C-2.

B404-04 Rezoning property located on the north side of West Broadway (State Route TT) and east of Silvey Street from R-3 to O-P.

B405-04 Rezoning property located on the east side of Providence Road and north of Campusview Drive from A-1 to C-P; approving the Providence Home Center C-P Development Plan; granting a variance relating to sidewalk construction.

B406-04 Amending the allowed uses on property zoned C-P located on the southeast corner of I-70 Drive Southeast and Woodridge Drive.

B407-04 Approving the Final Plat of BGTM Subdivision, Plat No. 1; authorizing a performance contract.

B408-04 Approving the Final Plat of Park de Ville Subdivision, Plat 6; authorizing a performance contract.

B409-04 Approving the Final Plat of Arcadia Plat 2-A; authorizing a performance contract.

B410-04 Authorizing an agreement with CH2M Hill for review of the Philips Farm storm water management plan; appropriating funds.

B411-04 Authorizing an agreement with Camp Dresser & McKee Inc. for engineering services for the development and design of Sanitary Landfill Disposal Cell #4; appropriating funds.

B412-04 Appropriating Federal Transit Administration grant funds for the purchase of Paratransit vans.

B413-04 Authorizing an agreement with Boone County and the Missouri Highways and Transportation Commission for construction of the intersection of Route K and Scott Boulevard.

B414-04 Authorizing the acquisition of easements for construction of the Business Loop 70 sidewalk project.

B415-04 Appropriating funds for the restoration of COLT railroad property located in Hallsville, Missouri.

B416-04 Accepting conveyances for utility purposes.

B417-04 Authorizing an agreement with the Missouri Department of Health and Senior Services for the Immunization Rate Improvement Project; appropriating funds.

B418-04 Authorizing an agreement with the Missouri Department of Health and Senior Services for the Teen Outreach Program Pilot; appropriating funds.

B419-04 Accepting and appropriating donated funds to support the winter trout fishing program at Cosmo-Bethel Park.

B420-04 Accepting and appropriating donated funds to purchase equipment for the Police Department.

B421-04 Appropriating funds for computer software licenses.

B422-04 Amending Ordinance No. 016875 in connection with certain outstanding bonds of the City.

B423-04 Authorizing an agreement with the Columbia Housing Authority for a consultant.

REPORTS AND PETITIONS

(A) Intra-Departmental Transfer of Funds.

Report accepted.

(B) Proposed Revision to the Planned Districts.

Mr. Beck explained that Staff had finished reviewing the proposed revisions to the planned districts. The next step would be referral to the Planning and Zoning Commission for a public hearing.

Mr. Janku noted their suggestions had not been reflected in the draft. He wanted to refer it, but also wanted to have a work session to pool ideas for consideration at the public hearing. Mr. John agreed and suggested a work session before the public hearing took place.

Mr. Ash noted the working group had not included their reasons for suggesting the changes. Mr. Hutton agreed and recommended that they go down their list of suggested changes and provide an explanation, point by point. Mr. Beck replied that they would get that information included in a report, which he would get to the Council before the public hearing by the Commission.

Mr. John made the motion that the issue be referred to the Planning and Zoning Commission and that Staff be directed to work out a schedule that would ensure Council input prior to the public hearing. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.

(C) Water & Light Renewable Purchases - Next Step.

Mr. Dasho explained that they were looking at opportunities in the wholesale marketplace to make some renewable purchases. He stated that they could start buying some renewable energy to gain some experience as to whether or not there might be problems in terms of capacity and reliability. The plan was to purchase it sometime between now and the fall of next year. If things work out, they would continue with it and look for additional resources so when the ordinance came into play at the end of 2007, the City would be ready to make the two percent purchases.

Mr. Loveless made the motion that Staff be directed to proceed as recommended. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

(D) Columbia Parks & Recreation Proposed Adult Financial Assistance Policy.

Mr. Hood explained that Staff was proposing possible guidelines for implementing this program, which was budgeted in the 2005 budget. He pointed out that they had a financial assistance program for youth for many years. That program was revised with the amount of funding increasing substantially in 2002 when the ARC opened. This would be their first step in trying to implement any type of financial assistance program for adults. The recommendation was that it be modeled after the youth program, Youth Enrichment Services (YES). Mr. Hood read the goals and general guidelines for the program.

Mr. Ash asked about the current annual appropriation for YES. Mr. Hood replied the City had appropriated $35,000, but that they also received funding from the Share the Light Program. In addition, they recently received a very nice contribution from the Cosmo Luncheon Club. He thought they would have approximately $40,000 for the youth program.

Mr. Janku asked about the reference to the 20 pass program versus the annual membership. Under the youth program, Mr. Hood explained, individuals had choices of applying for assistance for the 20 pass program or an annual membership. Their suggestion was that the adult program have the same options. He noted that the 20 pass program was renewable up to three times annually and that it would actually cost less to scholarship the annual membership. Mr. Janku was concerned about people starting out with great enthusiasm and then losing interest. Mr. Hood realized that and stated that they monitored just that thing with the youth program. If they found people that were not using the program, they would discuss it with them if they reapplied. Most people who found they did not use it, did not reapply. Mr. Janku was concerned about a very limited number of annual passes eating up the full $5,000 pretty quickly. Mr. Hood agreed that could be a problem and added that they debated not giving annual passes and only doing the 20 passes, which they were still open to doing.

Ms. Crayton asked if disabled adults were included. Mr. Hood replied that any adult over 18 years of age would be eligible, if they fit the income criteria.

Mr. Ash felt adults would be more likely to not follow through on an annual pass. Mr. John suggested adults applying for an annual pass to be required to take out a 20 pass first and if they finished it up in an effective manner, they would then be allowed to have an annual pass.

Mr. Hutton asked if the proposed resolution would be that specific. Mr. Hood replied that they anticipated drafting the specific guidelines and then the resolution that would adopt the guidelines. He noted that they could get as specific as needed in the guidelines. If the Council wanted some guidelines drafted for discussion at a work session, Staff could provide that. It was decided that guidelines would be drafted and the Council could discuss them at a pre-Council meeting in January.

Mr. Loveless made the motion that Staff be directed to proceed with guidelines for presentation at a pre-Council meeting at a future date. The motion was seconded by Mr. John and approved unanimously by voice vote.

(E) Joint Planning with County on Property East of the City.

Mr. Beck explained that Mr. Sapp submitted a letter requesting joint City-County review of his proposed development. The Council discussed the letter at a work session, at which time it was determined it would be desirable to have a motion that could be forwarded to the Planning and Zoning Commission to provide guidance to them and Staff as it related to this sizable tract of ground. Mr. Beck noted that he, the Mayor, and the Planning Staff met with the Presiding Commissioner and their Planning Staff regarding this request. They felt this would be a good piece of ground on which they could work together. He pointed out that on these tracts of ground around the edges of the City there was already joint planning on a professional basis taking place.

Mr. Janku made the motion that Staff be directed to proceed in accordance with the recommendations of the report. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.

BOARDS AND COMMISSIONS

None.

COMMENTS BY PUBLIC, COUNCIL AND STAFF

Anna Coulibaly, 902 Hope, stated that she had tried to obtain copies of the blue prints for the Hope Place project, but had been unsuccessful. She asked that she be able to pick them up tomorrow so she could have them for her neighborhood meeting tomorrow evening. Mr. Patterson replied that the reports provided the Council were also sent to the property owners and anyone on the interested party list. He said that Ms. Coulibaly was more than welcome to the report, which showed the cross sections and locations. He explained that the final plans and specifications were completed after the public hearing and added that they did not normally distribute working drawings because the Council had not acted on the plans. He also explained that the blue prints were available, but the cost of copying them was high and the responsibility of the requester.

Ms. Coulibaly also voiced concerns about use of the $840,000 for public transit improvements in the City. She did not want money spent on the purchase of trolleys. Mayor Pro tem Hutton noted that before anything was done a public hearing would be held on the issue.

Mr. Janku commented on an e-mail he received regarding improvements at the intersection of West Broadway and Stadium. He passed it on to Staff and asked that they respond.

Mr. Janku asked for a report on the issue raised earlier about multiple utility billings being combined. He thought the issue was being worked on. Mr. Beck said he would report back on the issue. Mr. Janku asked that Mr. Beck also report back to Mr. Trachsel.

The meeting adjourned at 9:04 p.m.

Respectfully submitted,

Sheela Amin
City Clerk