M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
MAY 1, 2000
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, May 1, 2000, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council members HINDMAN, CRAYTON, JANKU, CAMPBELL, JOHN, and COFFMAN were present. Member CROCKETT 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 April 17, 2000, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mr. Janku.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mayor Hindman announced that R90-00 would be added under New Business.
    Upon his request, Mr. Janku made the motion that Mr. John be allowed to abstain from voting on B112-00. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Janku and a second by Mr. Campbell.
 

SPECIAL ITEMS
    None.
 

SCHEDULED PUBLIC COMMENTS
    None.
 

PUBLIC HEARINGS
B112-00     Establishing the Benton Stephens Urban Conservation District.
    The bill was given second reading by the Clerk.
    Mr. Bondra explained this bill to be the culmination of several years of work in the Benton Stephens area, with the enabling legislation for the overlay district being drafted in 1995. Shortly after that time, the City hired consultants to lay the ground work for the district. When that work was finished, a Planning Department staff member worked with the neighborhood association in drafting a plan. Mr. Bondra noted that after the plan was presented to the Council at their retreat last year, it was then sent on to the Planning and Zoning Commission for public hearings and recommendations. He reported that following two public hearings, the Commission now unanimously recommended approval of the draft.
    Mr. Bondra explained that the ordinance would allow for the expansion of home occupation uses as long as the property is zoned R-1. He related the intent of the standards and criteria was to result in new development more in keeping with the single family character of the area. The overlay would also require that a development plan be submitted to the Planning Director for review and approval if it meets all requirements of the ordinance. Mr. Bondra noted that the neighborhood association would be notified when a development plan is submitted to the staff. He pointed out that the Planning and Zoning Commission had made quite a few changes to the proposed ordinance in an effort to clarify some issues and make it more acceptable to some of the opposition that was expressed at the first public hearing. One of the key things they had done was to accept several districts, all of the planned districts including PUD, so that if someone wanted to do a redevelopment in the overlay area that was not in keeping with the standards set out in the ordinance, one could opt for a PUD and do something more conventional. However, it would still require a public hearing on both the rezoning and the site plan. Mr. Bondra felt that seemed acceptable to the neighborhood association.
    Mayor Hindman opened the public hearing.
    Rhonda Blower, 1408 Windsor, President of the Benton Stephens Community Association, reminded the Council that it has been five years since this process began. The association feels the ordinance balances appropriate construction standards with new possibilities for home businesses, and that it will have a positive impact on the continued health and desirability of this area. Ms. Blower noted that the ordinance does not change the existing zoning of property and does not make it impossible to change current zoning. She pointed out that it will not prohibit construction of apartment buildings. Because the overall purpose of the overlay district is to maintain the character of the residential heart of the neighborhood, Ms. Blower said that commercial and industrial properties are exempted. She handed the Clerk a petition signed by over 200 neighborhood residents and property owners in support of the urban conservation district.
    Kurt Albert, 2000 W. Gleason, explained that he is a landlord with 12 houses located in this area. He spoke of his support for this overlay district to maintain and strengthen the residential value in the neighborhood. Mr. Albert did not believe the overlay would damage residential quality.
    Rhonda Carlson, 1110 Willowcreek, a member of the Board of Adjustment, was concerned about the section in the proposed ordinance that would require conditional use permits to be reconsidered by the Board of Adjustment every three years. Ms. Carlson pointed out there is no mechanism in place that would catch the expiration of these permits. She believed the same regulations should be applied in this overlay district as occurs in other zoning ordinances.
    Mr. Janku asked if it would be acceptable to give that authorization to the Board in the case of controversy. Ms. Carlson was agreeable to that suggestion.
    Mr. Campbell wondered why the three year stipulation was added. Mr. Bondra believed it came from the neighborhood association. He agreed it could be something difficult to track. He noted that churches in M-1 districts have a five-year limit on conditional uses.
    Janet Hammen, 1416 Wilson, spoke on behalf of the East Campus Neighborhood Association. She urged the Council to vote in favor of the ordinance,
    Linda Rootes, 807 N. Eighth, President of the North Central Columbia Neighborhood Association, said residents have been watching this issue very closely because as soon as this ordinance is approved, her association is going to begin constructing their own overlay district.
    Jeff Keevil, Secretary of the Elk's Lodge, reported they had sent a letter voicing their displeasure with this ordinance. He pointed out that their notification of the public hearings relating to this ordinance had been sent to the wrong address and, therefore, they had not received adequate notice of such. Mr. Keevil pointed out that the Elk's Lodge is located on the far eastern edge of the overlay district and for that reason, this property could be easily removed. They believe the current proposal would impair their ability to rebuild at the same location as commercial property is not truly exempted. Mr. Keevil expressed concern about screening requirements. He reported the Lodge also owns a piece of residential property adjacent to their commercial property, which would virtually be nullified as far as any resale goes if the overlay were to be adopted.
    Mr. Coffman asked if the Lodge had been given any notice of the process. Mr. Keevil replied that they knew discussions were ongoing, but did not know where things were in the process. Mr. Coffman asked if they knew their property was being contemplated for inclusion in the district. Mr. Keevil said they did not know that specifically, they knew it was close, but did not know where it would fall.
    Mr. Campbell asked if the organization attempted to obtain more information regarding this legislation. Mr. Keevil stated they believed if the process got to a point where input was being sought, the Lodge would be notified of any public hearings.
    Mr. Coffman asked Mr. Keevil how the Elk's financial interests would be impaired by this overlay district. Mr. Keevil related that the Lodge would not be able to use the residential property in the way they had intended and the commercial property would require screening if any construction were to take place. He explained that they are in the process of constructing either a new facility at the location in question or at a different location. If the Lodge is moved to a different location, they would obviously want to get as much resale value out of the property as they could. Mr. Keevil indicated the Elk's felt this overlay would somewhat deteriorate the resale value.
    Mr. Janku asked if a map of the overlay district had been published in the paper. Mr. Bondra replied that it had been advertised. He pointed out that the Boone County Assessor's Office has the Lodge's address in error. He assumed the Elk's have a tax exempt status and that was the reason there have been no problems with the address thus far. Mr. Keevil admitted the Lodge has a tax exempt status.
    Joe Vraedenburg, Secretary of the Benton Stephens Neighborhood Association, was under the impression that the Board of Adjustment was responsible for assessing compliance with home businesses.
    Mayor Hindman closed the public hearing.
    Mr. Janku asked if person is not complying with the requirements of a conditional use permit, whether it could be revoked. Mr. Boeckmann did not think provisions existed for revoking a conditional use permit in the zoning ordinance. He supposed it would be possible to prosecute for an ordinance violation. Mr. Boeckmann added that is what would occur if someone was using an R-1 property for R-2 purposes. Mr. Janku asked if the Board of Adjustment could put a renewal term on a permit. Mr. Boeckmann said the conditional use provisions in the zoning code do not specifically state they can be issued for a certain term. He recommended language to at least empower the Board of Adjustment to grant a conditional use permit for a term of years.
    Mr. Coffman asked for comments on the procedural due process issue Mr. Keevil brought up. Mr. Boeckmann replied the City has met the requirements of the zoning ordinance for the additional zoning restriction by placing an advertisement relating to this public hearing in the newspaper. The language in the code goes beyond state statutes, which stipulates that notice will be sent to all property owners within the area to be rezoned and within 185 feet of the subject tract. Mr. Boeckmann indicated our ordinances specifically outlines this is a courtesy and if someone does not get notice, or notices are not sent, that does not invalidate the ordinance.
    Mr. Campbell made the motion that B112-00 be amended by eliminating subsection 13 and substituting a new one reading, "The Board of Adjustment may grant a conditional use permit for a limited period of time." The motion was seconded by Mr. Janku.
    Mayor Hindman asked if the Board of Adjustment could make the permit automatically renewable unless there are objections received. Mr. Boeckmann said the Board could place some limitations on it - i.e., if they had an application before them where there are some neighborhood concerns, that would be the instance in which the Board would be more likely to impose a time limit. He related they could impose a time limit of three years and when it expires, the Board could eliminate the time limitation if the neighbors testify there have been no problems. If there are no objections at the time of the original application, the Board could grant a permit without any time limitations. It was agreed that the suggested amendment would give all of the options needed by the Board.
    The motion to amend, made by Mr. Campbell, seconded by Mr. Janku, was approved by voice vote.
    Mr. John understood he could speak to this issue as a property owner as well as a concerned citizen even though he would have to abstain from voting on the issue. He was bothered by several things. In the enabling legislation that established the district, he said 50% of the property owners are supposed to either bring this request to the Council, or the Council can initiate it on its own. Mr. John stated that he believes in the overlay district as a concept and as a tool, but the first official notice to the land owners had been sent two weeks prior to the Planning and Zoning meetings held earlier this fall. Although this process has been ongoing for five years and neighborhood residents have been notified of meetings, he did not believe adequate notice was given to rental property owners. Mr. John related that the increased commercial use in R-1 districts was a primary goal to allow people to work and live on the same property. He said the original concept has been watered down so much with very stringent signage and parking restrictions, that he doubted it would entice someone to buy a house in this overlay district and set up a business.
    Mr. John's other point was that this ordinance is essentially a down zoning, a public taking and restriction of use on property, as well as a restriction of use on over 200 acres of property in the City of Columbia. He did not know how many different land owners would be affected directly, and noted that he is a very small part of that. Mr. John theorized that if the structure that he owns within this district were to burn down, he did not know whether he could rebuild it on the lot where it is currently situated based on setback and parking requirements. He reported because of those stipulations, he probably could not have the same building with the same amount of income on it which would be a down zoning and a public taking of his property values. He indicated this would hold true for others as well. If the Council chooses to proceed with this legislation, Mr. John suggested that 50% of the land owners should indicate their approval for it. Without that approval, he felt the Council was stepping beyond their limitations.
    Mr. Campbell said this area has been in transition for 18 years. The idea was that it would be a transition from modest priced homes to apartments and higher density housing. Over the years, that philosophy has changed to where the Council is trying to maintain and encourage home ownership to maintain property values wherever possible. Mr. Campbell agreed with Mr. John in that he thought this legislation had been watered down from what he had hoped to see. He was looking for more flexibility for commercial properties; however, this ordinance is what the neighborhood group has agreed on. Mr. Campbell noted this is a first attempt and there will soon be other neighborhoods coming forward that will be incorporating their own unique blend of activities to fit the needs of their district. He believed this is a good first attempt and he will support it.
    Mr. Coffman noted that a great deal of compromise had been made, although he agreed this ordinance has been watered down. He related that this overlay district is worthwhile and he is convinced it will empower residents to preserve their neighborhood.
    Mr. Janku stated the liberalization of the home business is not as much as some would like, but maybe as residents become more comfortable with it, it could be broadened. He believed that people making investments in their homes need to feel some degree of comfort that their immediate neighborhood will not change drastically.
    Mayor Hindman thought the question is whether this district will in fact continue the progress in the neighborhood. His instincts are that this neighborhood has been working very hard to arrive at this point. The residents have come to the conclusion that this legislation will probably help their neighborhood. Although the investment community may feel differently about it, Mayor Hindman thought it was a good idea to rely on the instincts of the people who live there. He indicated his support of this bill.
    B112-00, as amended, was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CAMPBELL, COFFMAN. VOTING NO: NO ONE. ABSENT: CROCKETT. ABSTAINING: JOHN. Bill declared enacted, reading as follows:
 

B113-00     Rezoning property located on the north side of I-70 Drive Northwest, approximately 200 feet east of
                   Westwind Drive from District A-1 to District O-P.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this 4.8 acre tract being proposed for planned office use was recommended for approval by the Planning and Zoning Commission.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B113-00 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: CROCKETT. Bill declared enacted, reading as follows:
 

B114-00     Rezoning property located on the north side of Rain Forest Parkway, approximately 400 feet west of
                   Range Line Street from District R-1 to R-3.
    The bill was given second reading by the Clerk.
    Mr. Beck said this .85 acres is being recommended for approval by the Planning and Zoning Commission as well as by the staff.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B114-00 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: CROCKETT. Bill declared enacted, reading as follows:
 

B115-00     Voluntary annexation of property located north of Brown School Road, extended and west of U.S.
                   Highway 63; establishing permanent C-3 zoning.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this request was recommended for approval by both the staff and the Commission.
    Mr. Janku asked when the Brown School Road extension would be coming forward for public input in terms of design. He noted an interest in pedestrian/bicycle access. Mr. Patterson responded that his understanding is that the street itself has already been designed as far as configuration. He did not know if it addresses the amenities being referred to. Mr. Patterson noted the builder's schedule would dictate when it comes to the Council. He said there are still a few issues that need to be resolved regarding the use of some of the land at the intersection. He said staff is meeting with the County and the developer to discuss those issues. Mr. Patterson indicated staff is prepared to move forward when all of the issues are resolved. Mr. Janku asked if there would be a public hearing on the road. Mr. Patterson replied that the City will have money involved in the project so a public hearing will have to be held.
    Mayor Hindman opened the public hearing.
    Bob Walters, 2704 Vail, spoke on behalf of Drew Properties, L.L.C., property owner. He stated that the intersection had been designed a couple of years ago. Mr. Walters reported the part of the project they are funding is Roger Wilson Drive, from the border with Boone County Jail to this intersection. He expected some type of participation in the intersection itself. Mr. Patterson reiterated that would not come forward until the land issues are worked out.
    Mayor Hindman closed the public hearing.
    B115-00 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: CROCKETT. Bill declared enacted, reading as follows:
 

(A)     Voluntary annexation of property located approximately 200 feet west of Brown Station Road, north of
          Waco Road, extended.
    Item A was read by the Clerk.
    Mr. Beck noted there is an ordinance to be introduced later this evening and no Council action would be required until after the public hearing is held on this approximate 30-acre tract of land. He reported the annexation is contingent upon zoning -- C-P on the portion to the north and M-1 on the south side.
    Mr. John thought some of the zoning being requested had been changed to M-C. Mr. Bondra said at the Commission meeting last week, Mr. Heller amended his request for Tract 2 to M-R. He explained that a 200 foot wide strip of the property is already in the City limits, and he is asking for M-C on that portion and M-R on the part to be annexed.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
 

OLD BUSINESS
B102-00     Amending the FY 2000 pay plan and the FY 2000 classification plan in connection with a reorganization
                   of the Joint Communications and Information Center.
    The bill was given third reading by the Clerk.
    Mr. Beck said a detailed memo had been sent to the Council after hiring the new administrator, and some reorganization work had been discussed. Two new positions are being created with three being eliminated. Mr. Beck explained that the pay grade for operators was being upgraded.
    Comments were called for with none received.
    The bill was read with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: CROCKETT. Bill declared enacted, reading as follows:
 

B107-00     Amending Chapter 14 of the City Code as it relates to reimbursement of intoxication related traffic
                   offense arrest costs.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that state statutes allows cities to collect money, in addition to court costs, to administer the costs involved with intoxication related offenses. A review has indicated that our costs are not covered at this point in time. He noted the out-of-pocket costs appear to be closer to $100 than to the $60 the Judge now has the option of charging.
    Mr. Campbell thought the proposed amount seemed modest. Mr. John agreed and also wondered about overhead and administration of these types of cases. He asked how often the money gets collected. Chief Boehm explained that it is a court cost and is assessed on every conviction of driving while intoxicated. He commented that while it is true the City could charge more, this increase would be in compliance with what other law enforcement jurisdictions in the area are assessing.
    Mr. Boeckmann said there was a good collection rate and noted that the $100 is in addition to the regular court cost. He said if it is not paid, a warrant will be issued.
    William Woodward, 200A Unity Drive, stated this is a good step forward, but he would like to see the ordinance extended to cover DUI. Mr. Boeckmann explained that this charge covers all alcohol related traffic offenses.
    B107-00 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: CROCKETT. Bill declared enacted, reading as follows:
 

B109-00     Confirming the contract of APAC-Missouri, Inc. for the street construction on Fourth Avenue from
                   Garth Avenue to Providence Road.
    The bill was given second reading by the Clerk.
    Mr. Beck pointed out that seven bids were received with the lowest and best being $199,651.50 from APAC-Missouri. The improvement will be paid primarily from CDBG funds. He noted a part of the project will be paid by tax bills -- not to exceed $14.50 per abutting property foot.
    B109-00 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: CROCKETT. Bill declared enacted, reading as follows:
 

B110-00     Amending Chapter 27 of the City Code as it relates to water rates.
    The bill was given second reading by the Clerk.
    Mr. Malon explained because of increased water consumption several years ago, the Council adopted a rate structure whereby during the four summer months, a 20% surcharge would be assessed for water use that was above the customer's average use in January, February, and March. Now as a result of the 22% increase in maximum day pumping last summer, the City is reaching the point where that issue needs to be revisited.
    Mr. Malon noted a series of alternatives are being presented for consideration in order to compensate until such time the water plant expansion can occur. He outlined the alternatives to include increasing pumping capacity, advertising programs, and a series of water alerts. He explained the Council has also considered modifying the rate structure to increase the summer surcharge. Mr. Malon reported that the Water and Light Advisory Board discussed this possibility over the last three or four months and had looked at a number of different rate possibilities. He stated that they finally agreed to use the existing rate that is in place, but the surcharge would be increased from 20% to 40%. He noted that is the recommendation currently before the Council.
    Mr. Malon commented there had been a Council request to look at an inverted rate, and information relating to this alternative was sent separately. He noted there is no ideal solution to resolve the issue, regardless of what kind of structure they look at. Another problem that has been conveyed involves customers who are "snow birds" (individuals who do not reside here during the winter). These folks are concerned they are being penalized because they were not here to establish a base and, therefore, will be paying an extra amount in the summer. However, Mr. Malon indicated these customers are part of the problem as they are not providing any base revenue in the winter and are reestablishing service during the peak summer
months.
   Mr. Malon addressed the question of watering at night. He has heard some comments about late night watering causing mildew problems due to high humidity levels. In addition, Mr. Malon reported that late night watering is not a good alternative as during peak times, water is being pumped 24-hours a day and staff uses the night hours to ensure the reservoirs are full for the next morning.
    Mr. Malon indicated staff has looked at viable solutions, but the problem right now is trying to come up with a rate that customers will find acceptable and still assesses a penalty for excessive use during the summer. He explained staff plans to sponsor an education program relating to excessive water usage. He noted that during the drought last year, there were only about two weeks when there was a serious problem with water levels.
    Mr. Malon summarized once an investment is made in a plant, a pretty reliable revenue stream will be needed to pay for it. He indicated the costs need to be recovered more on commodity charges rather than surcharges.
    Mr. Malon explained the technical amendment included in the packet.
    Mr. Campbell asked if Mr. Malon had just said the peak use would force the expansion, but staff wants the average user to pay for the peak use expansion. He was referring to the commodity rate. Mr. Malon responded there is no demand charge in the water system, it is all a commodity rate. He reported that staff is suggesting that the surcharge would generate some additional funds. Mr. Malon stated he was not implying that it be eliminated, but it may have to be modified. Mr. Campbell thought before that route is taken, staff should try to cut the peak, modify it, and make the system last as long as it can before increasing the rates for everyone. Mr. Malon agreed. Mr. Campbell stated that meant the City needs a true peak rate system.
    Mayor Hindman asked if Mr. Campbell was implying that he would like to see higher rates. Mr. Campbell said that was correct, and that was why he asked for a tiered rate system. Mr. Malon indicated that staff had prepared one and would send it to the Council for their consideration.
    Mr. Janku asked if figures were available regarding the numbers of people to which the surcharge would be applied. Mr. Malon displayed a chart giving the percent above the winter average for residential and commercial customers.
    Henry Lane, 1816 E. Broadway, explained that his water usage is very low. He felt he was being penalized for conserving water.
    Mr. Campbell remarked that the chart showed that 20% of the users, those using water during peak times, were the reason an expansion is necessary. He did not think all customers should be asked to pay that rate if it could be avoided. Mr. Campbell believed the 20% increase, leaving the base rate the same, is just enough to be annoying to a lot of people, but not enough to be a deterrent. He suggested a rate high enough to force people to take action to reduce their peak usage, or at least have them pay for it. Mr. Campbell theorized that a tiered rate would come nearer to achieving the goal of reducing the peak rate and would also help pay for the capacity being used.
    Mr. Coffman stated the City is trying to discourage peak water usage, but he did not think the term "penalty" should be used. He said this amendment would merely recognize a cost difference. Mr. Coffman thought it would be worthwhile to look into a tiered structure, however, he supported this reasonable increase in the surcharge.
    Mr. John commented that the City has increased the landscaping requirements and has encouraged wider streetscapes in residential neighborhoods. He agreed with the "pay as you go" process, but landscaping is to the benefit of the community as a whole. Mr. John suggested the Council consider that the City is providing capacity for all users, and when we do that it helps provide for the landscaping and overall greenness of the community. He also agreed that at some point people need to be charged for more use of water. Mr. John did not want to see a multi-tiered system because he believed whenever trying to create incentives, these have to be very specific, known, and understood. Mr. John supports increasing the surcharge from 20% to 40%.
    Regarding the "snow bird" issue, Mr. Janku remarked that although these customers may not be using water during the winter months, their homes are still sitting there and the water line is in place to provide service in case of fire. He pointed out that these individuals are still receiving a benefit from the water system. Mr. Janku supports the proposal.
    Mr. Campbell felt strongly that the Council should not ask the poor to pay for the privileges of the rich. He said that was what this proposal would do. Mr. Janku pointed out that the base rate would not be increased this evening. Mr. Campbell responded that if the City does not have a system that eliminates some of the peak use, we will be forced to increase the base rate to build a new water plant.
    Mr. Coffman asked if there were other comparable cities in Missouri with a tiered water rate structure. Mr. Malon said he knew of none in Missouri, but added that has never stopped Columbia from being first before. Mr. Coffman assumed these tended to exist in areas where there is a scarcity of water. Mr. Malon thought that was correct.
    Mr. John commented the City would be postponing, not eliminating, the need to add capacity to the plant by lowering the peak. As Columbia grows, the need for capacity will increase. Mr. John stated that if rates are increased, those with higher consumption rates will pay for their extra use. He said the poor person is not going to have to pay for the rich person's water. In addition, if a customer is using more water during the summer months, they will pay the extra 40% peak rate.
    Mr. Campbell pointed out that if the rate goes up, it goes up for everybody, it is proportional. He thought the Council should move ahead with what is in front of them, although he did not think it was adequate. Mr. Campbell was hopeful the City would get through the summer. He requested that the Water and Light Advisory Board and the staff review the issue and not wait until the last minute next year to come forward with a more effective rate structure.
    Mr. Campbell made the motion that B110-00 be amended per the amendment sheet. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    B110-00, as amended, was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: CROCKETT. Bill declared enacted, reading as follows:
 

B111-00     Amending Chapter 7 of the City Code to provide for emergency water regulations; adopting a peak
                   water use program.
    The bill was given second reading by the Clerk.
    Mr. Malon explained that in the event water usage increases toward the capacity of the plant, staff proposes the establishment of a four step peak use program. The first step would be, as the use approaches 20 million gallons per day, an advertising program asking people to voluntarily limit their usage. The second step would be to go to an alert when it is thought water usage will be around 21 to 21 ½ million gallons per day. At that point, people would be asked, on a voluntary basis, to go to odd/even lawn watering days. After that, the third step would be to ask people, again on a voluntary basis, to stop lawn watering, garden watering, car washing and those sorts of things. The fourth step one would be used only when the limit of the system has been reached. It would give the City Manager the authority to declare a water emergency and initiate mandatory restrictions.
    Mr. Campbell asked about provisions for car washes and other similar establishments. Since these are businesses, Mr. Malon said staff proposes that they not be affected until the fourth step, when it becomes a mandatory restriction. At that point, they would not be able to operate the car wash.
    Mr. Janku was concerned that the graduated four-step process would be difficult to communicate to the public. Mr. Malon indicated staff thought they could work with the weather forecasters to communicate the definition of the different colored water drops on the screen. He said there could be constant messages running during the three summer months on the weather programs.
    Mayor Hindman felt the educational program should be tried.
    B111-00 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: CROCKETT. Bill declared enacted, reading as follows:
 

B117-00     Approving the replat of Lot 16 of Wyatt Lane Acres, Plat 4 and Wyatt Lane Acres, Plat 5; granting
                   a variance to the subdivision regulations; authorizing a performance contract.
    The bill was given second reading by the Clerk.
    Mr. Beck noted the request for a variance. He said the Planning and Zoning Commission had recommended approval of the variance which involves a direct connection to Wyatt Lane.
    Mr. Patterson explained that the Public Works Department recommendation was for denial of this connection. He was not sure the Commission was aware of that. Mr. Patterson reported that staff did not see a benefit in the change from the number of trips that would be generated by the four lots as opposed to the thru traffic that would travel on Wyatt Lane in the future.
    Marvin Rhodes, 3191 Big Timber, explained that he is the property owner. He explained with the replat, there would be less cars on the road because the number of lots would be reduced from nine to four.
    Mr. Janku noted that the City's concern relates to direct access, not the amount of traffic. Mr. Rhodes thought there would be enough room on the lots for the cars to turn around rather than back out into the street.
    Mr. John noted the serious problems on Forum Boulevard with driveways on an arterial street. He observed that might not be a problem on Wyatt Lane right now, but eventually he believed it would be. Mr. John indicated he cannot support this request.
    Mr. Campbell agreed with Mr. John and indicated that same situation exists on Chapel Hill Road. He conveyed that the driveways with access on this street have had a major impact on the value of houses in the area.
    Mr. Janku did not think an exception should be made. Mayor Hindman agreed and said the policy was established for a solid reason.
    B117-00 was given third reading with the vote recorded as follows: VOTING YES: NO ONE. VOTING NO: HINDMAN, CRAYTON, JANKU, CAMPBELL, JOHN, COFFMAN. ABSENT: CROCKETT. Bill defeated.
 

B118-00     Vacating street right-of-way and easements located within Wyatt Lane Acres Subdivision, Plat 5.
    The bill was given second reading by the Clerk.
    Mr. Bondra explained that this vacation goes hand-in-hand with the plat that was just defeated.
    B118-00 was given third reading with the vote recorded as follows: VOTING YES: NO ONE. VOTING NO: HINDMAN, CRAYTON, JANKU, CAMPBELL, JOHN, COFFMAN. ABSENT: CROCKETT. Bill defeated.
 

B122-00     Amending Chapter 13 of the City Code as it relates to garage sale permits.
    The bill was given second reading by the Clerk.
    Ms. Fleming explained that numerous complaints had been received over the years about the necessity of residents having to physically come down to City Hall to obtain a garage sale permit. This amendment would simply remove the permit requirement. Ms. Fleming noted that if the ordinance is passed, staff will still investigate complaints. She pointed out the number of garage sales and the posting of signs will still have the same limitations.
    B122-00 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: CROCKETT. Bill declared enacted, reading as follows:
 

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

B108-00     Approving right-of-use permits with Columbia College, The Curators of the University of Missouri,
                   the Housing Authority and the Columbia School Board.
B116-00     Approving the final plat of Vanderveen Crossing, Plat 5; authorizing a performance contract.
B119-00     Vacating a 15-foot wide alley located north of Lake Street between Hitt Street and Virginia Avenue.
B120-00     Vacating portions of street right-of-way and an easement located within Plat No. 2 of Vanderveen
                   Plaza Subdivision.
B121-00     Accepting a grant of easement for electric purposes from Richard and Mildred Lowe.
B123-00     Appropriating funds related to the renovation of the police building.
R73-00       Setting a public hearing: construction of a water main along Fourth Avenue from Garth Avenue to
                   Providence Road.
R74-00       Setting a public hearing: construction of water mains serving Smithton Ridge, Plats 2 and 3.
R75-00       Setting a public hearing: construction of water mains serving Valley View Ridge, Plat 1.
R76-00       Setting a public hearing: construction of water mains serving Vanderveen Crossing, Plat 3.
R77-00       Setting a public hearing: construction of wells 13 and 14 and related site and pipeline construction.
R78-00       Setting a public hearing: improvements to the MKT Trail access at the Stewart Road and
                   Providence Road intersection.
R79-00       Setting a public hearing: traffic calming devices in Woodridge Subdivision.
R80-00       Approving the revised preliminary plat of Thessalia Subdivision.
R81-00       Authorizing an agreement with Buck Consultants to perform bidding of the pharmacy benefit
                   management services of the City's medical benefit plan.
R82-00       Authorizing an agreement with Buck Consultants to perform annual review and cost projections for
                   City's medical and dental plans.
R83-00       Authorizing an agreement with Buck Consultants to perform bidding of the stop-loss reinsurance
                   coverage on the City's medical benefit plan.
R84-00       Transferring the balance of funds from bond projects to the contingency fund account.

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

NEW BUSINESS
R85-00     Authorizing an agreement with Columbia EnterLight Ministries, Inc. to utilize CDBG funds for
                 housing/counseling costs.
    The resolution was read by the Clerk.
    Mr. Beck explained that $20,000 had been budgeted for EnterLight Ministries, Inc. and at the last meeting they had asked for additional money in the amount of $7,750. This ordinance will authorize up to $27,750.
    The vote on R85-00 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: CROCKETT. Resolution declared adopted, reading as follows:
 

R86-00     Authorizing an agreement with Rainbow House to utilize CDBG funds for the purchase of a van to
                 provide transportation for low and moderate income persons.
    The resolution was read by the Clerk.
    Mr. Beck explained that $20,000 had been approved in the budget for the purchase of a van.
    The vote on R86-00 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: CROCKETT. Resolution declared adopted, reading as follows:
 

R87-00     Authorizing an agreement with Classic Balloon Events, Inc.
    The resolution was read by the Clerk.
    Mr. Beck explained that this would be the third annual event for this four day competition. He noted thirty-five balloons are expected to participate this year. This agreement will authorize City forces to work with the group on traffic control and other related items.
    The vote on R87-00 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: CROCKETT. Resolution declared adopted, reading as follows:
 

R88-00     Authorizing contracts for service with the Columbia Art League and the Boone County Fair Board.
    The resolution was read by the Clerk.
    Ms. Steiner explained that this is an effort to support some of the larger events that will not be eligible for funding this fiscal year through the new Tourism Development Program. She remarked that they want to begin enhancing some of these local events as soon as possible.
    The vote on R88-00 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: CROCKETT. Resolution declared adopted, reading as follows:
 

R89-00     Authorizing an agreement with Boone County relating to a joint City-County health facility.
    The resolution was read by the Clerk.
    Mr. Beck remarked that staff has been working for some time in developing an arrangement with the County Commission to add new health facility space. Following a meeting with the County Commissioner, he explained that Mr. Boeckmann had developed an agreement that would be authorized by this resolution. Its purpose is to establish an oversight committee to work with an architect to do several things, one of which is to update the space needs study for the health department. In addition, this agreement would authorize the Council to appoint three members to a committee, one of which would be the City Manager. He noted that the County would also appoint three members. The committee will review the space needs study, look for potential facility sites, and prepare some preliminary design estimated costs.
    The vote on R89-00 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: CROCKETT. Resolution declared adopted, reading as follows:
 

R90-00     Rejecting all bids for the construction of the Wetland Treatment Units Berm Repair project and calling
                 for bids.
    The resolution was read by the Clerk.
    Mr. Beck explained that one bid for this project had been too high, and the other had not been submitted on the proper form. He reported that Mr. Patterson and the consultant had recommended that neither bid be accepted.
    The vote on R90-00 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: CROCKETT. Resolution declared adopted, reading as follows:
 

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

B124-00     Amending the agreement with the Missouri Department of health for maternal child health services.
B125-00     Authorizing payment of differential costs for construction of a water main serving Vanderveen
                   Crossing, Plats 1 and 2; approving engineer's final report; accepting a conveyance.
B126-00     Authorizing construction of a water main along Fourth Avenue from Garth Avenue to Providence Road.
B127-00     Authorizing construction of water mains serving Smithton Ridge, Plats 2 and 3; authorizing payment of
                   differential costs; appropriating funds.
B128-00     Authorizing construction of water mains serving Valley View Ridge, Plat 1; authorizing payment of
                   differential costs; appropriating funds.
B129-00     Authorizing construction of a water main serving Vanderveen Crossing, Plat 3; authorizing payment of
                   differential costs; appropriating funds.
B130-00     Appropriating funds for alterations to railroad property needed to accommodate construction along
                   Route B.
B131-00     Calling for bids for the construction of wells 13 and 14 and related improvements in the McBaine
                   Bottoms; appropriating funds.
B132-00     Accepting deed of dedication for water utility purposes from Cambridge Place, L.P.
B133-00     Confirming the contract of Aplex, Inc. for construction of sidewalks along Providence Road between
                   Business Loop 70 and Texas Avenue.
B134-00     Confirming the contract of Don Schnieders Excavating Company, Inc. for the Lynn Street and Oak
                   Street drainage improvement project; appropriating funds.
B135-00     Authorizing installation of traffic calming devices in Woodridge Subdivision.
B136-00     Approving Change Order No. 1; approving the engineer's final report for the downtown intersections
                   project.
B137-00     Approving Change Order No. 1; approving engineer's final report for the Route B sanitary sewer
                   relocation project; appropriating funds.
B138-00     Amending Chapter 14 of the City Code to establish an all-way stop at the intersection of Locust and
                   Seventh Streets.
B139-00     Authorizing the improvements to the MKT Trail access at Stewart Road and Providence Road
                   intersection.
B140-00     Authorizing a right-of-use permit with Providence Road, L.L.P.; accepting easements for the
                   conservation and maintenance of Flat Branch Park.
B141-00     Appropriating funds for a new park sign at Again Street Park.
B142-00     Vacating portions of a 20-foot wide water line easement located within Wyatt Lane Acres Subdivision.
B143-00     Rezoning property located north and east of the northeast corner of Parker Street and Holly Avenue
                   from District R-1 to District R-3.
B144-00     Rezoning property located on the north side of Smiley Lane, approximately 500 feet east of Range
                   Line Street from District A-1 to District R-1.
B145-00     Rezoning property located on the east side of Paris Road, approximately 2,300 feet north of the U.S.
                   Highway 63 Interchange, from District A-1 to District M-C.
B146-00     City Council initiated rezoning of property located within the Benton Stephens neighborhood.
B147-00     Approving the final plat of Norco Subdivision.
B148-00     Approving the final plat of Smithton Ridge, Plat 4; authorizing a performance contract.
B149-00     Approving the final plat of Thessalia Subdivision, Plat 4; authorizing a performance contract.
B150-00     Approving the final plat of Thornbrook, Plat No. 5; granting a variance to the subdivision regulations;
                   authorizing a performance contract.
B151-00     Approving a replat of Lot 3 of Sedona Villas, Plat 1.
B152-00     Approving a replat of parts of LaGrange Place Subdivision, Plat 2; authorizing a performance contract.
B153-00     Changing the street name of "Quantico Drive" to "Waynesboro Drive."
B154-00     Voluntary annexation of property located approximately 200 ft. west of Brown Station Road, north of
                   Waco Road; establishing permanent zoning and rezoning property currently located in city limits.
B155-00     Authorizing an antenna agreement with Omnipoint C Communications, L.L.C. for an antenna at Fire
                   Station No. 6.
B156-00     Authorizing an antenna agreement with Omnipoint C Communications, L.L.C. for an antenna at Fire
                   Station No. 5.
 

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

B)     Street Closure Requests.
    Mr. Campbell made the motion that the street closures be approved as requested. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

C)     Golf Course Tee Time Reservation System.
    Mr. Hood noted that their budget included funding for the purchase of a new tee time reservation system. He reported that staff has been in the process of implementing the system during the last few weeks and it is now up and running. As it currently works, he explained that golfers may make tee time reservations for Friday, Saturday, or Sunday by calling the course up to four days in advance. Mr. Hood explained an optional feature that would give golfers the opportunity to purchase a tee time reservation card which would entitle them to make reservations six days in advance rather than four. He said this is obviously a way to generate additional revenue, and after talking to other courses that use these systems, staff found that they sell the cards for $10 each. Mr. Hood indicated it is projected that they could sell somewhere between 400 and 500 cards, which would translate into an increase of revenue for the golf courses of up to $4,000 to $5,000. He asked for Council direction.
    Mr. Janku made the motion that staff be directed to proceed with option one. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
 

D)     Golden Knights Parachute Team.
    Mr. Beck explained that the Memorial Day Weekend Salute to Veterans Celebration Corporation has requested permission for the Golden Knights to parachute onto Broadway between Fourth Street and Tenth Street as part of the Memorial Day parade on Monday, May 29, 2000. He explained the Council has approved the same request in the past based on conditions that the Golden Knights receive necessary FAA approval and proof of adequate liability insurance.
    Mayor Hindman made the motion that the request be granted. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
 

BOARDS AND COMMISSIONS
    None.
 

COMMENTS OF THE COUNCIL, STAFF, AND PUBLIC
    Mr. Coffman reported on an earlier meeting this afternoon with the City's Cable Committee, which is comprised of Mr. Campbell, Mr. Janku, and himself. He stated they discussed the information they have received regarding the open access issue for cable Internet service. He said before making a recommendation to the full City Council, the Committee decided to solicit additional comments on this very complex and technical issue. He asked that any interested person, company, Internet service provider or web surfer to submit comments in writing by May 15, 2000. He noted that after the Committee reviews those comments, a public hearing date would be scheduled before the full Council.
    Mr. John commented that when the pool ordinance was amended, there seems to have been a discrepancy regarding fencing. He thought perhaps there were two different sections pertaining to this code; one enforced by the Health Department, and the other section is in the building code enforced by Protective Inspection. Mr. John believed the two might be in conflict and he was concerned about enforcement. He asked that the staff report back to clarify this issue.
    Mr. Janku reported that Capri Estates residents are concerned about the development occurring in the adjacent Arcadia Subdivision and the increase in cut through traffic. He noted there has also been an increase in truck traffic as well. Mr. Janku explained that previously the truck traffic was routed outside of the subdivision. He asked the staff to look into what could be done in terms of traffic calming in the subdivision and whether any speed enforcement could be initiated. He also noted the "No Thru Truck Traffic" signs have disappeared and asked if new signs could be installed.
    Regarding the Thessalia Subdivision plat and others related to it, Mr. Janku said he did not believe a dedication had been made yet by the developer as far as the green space dedication/greenbelt easement. Since this is a potential site for a future trail, Mr. Janku said he wanted to make sure the corridor is preserved.
    Mr. Janku made a motion that staff be directed to report back on the issue. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    Mayor Hindman understood that some parking and zoning issues have come up with respect to the park on Range Line Street that was approved by the Council. He had heard about possible zoning changes in which certain City activities, i.e., parks or public buildings, could be built without parking if the use was strictly for neighborhood purposes.
    Mayor Hindman made a motion that the staff be directed to report back on the issue related to the park on Range Line Street and what should be done in the future. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Henry Lane, 1816 E. Broadway, related that the opinion of the City Council is very important to members of the School Board, and he is hopeful that the Council could appeal to the Board to find ways to hold the line on property taxes.
    The meeting adjourned at 9:45 p.m.

                                                                                            Respectfully submitted,

                                                                                            Penny St. Romaine
                                                                                            City Clerk