APRIL 1, 2002

    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, April 1, 2002, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON and LOVELESS were present. The City Manager, Assistant City Counselor, City Clerk and various Department Heads were also present.

    The minutes of the regular meeting of March 18, 2002, were approved unanimously by voice vote on a motion made by Mr. Loveless and a second by Mr. Hutton.

    Mayor Hindman asked that B103-02 be removed from the Consent Agenda and placed under Old Business.
    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 Ms. Crayton.

    Mayor Hindman welcomed Boy Scout Troop 706 from St. Andrews Lutheran Church, along with their Merit Badge Counselor, Rich Grant. The Scouts were working on their Citizenship in the Community badges.
    Mayor Hindman also welcomed the Junior Leadership Columbia Class which is sponsored by the Chamber of Commerce. The class was accompanied by Marie Hunter and Linda Baumgardner.
    Also welcomed were international visitors from Armenia, Azerbaijan and Georgia.
    Kakhaber Dzotenidze, Deputy Governor of the Imereti Region, Georgia, spoke to the Council through an interpreter. He explained that nine people are traveling with the delegation, three from each country. He said it was a special honor for him to be in Columbia because he is a citizen of Kutaisi, our Sister City. Mr. Dzotenidze expressed gratitude to the Council and all the citizens of Columbia for all the help provided them.
    Mayor Hindman noted that gifts presented by the visitors were on display in the Chamber for audience members to view.


R64-02     Proposed Master Plan for the development of Stephens Lake Park.
    The resolution was read by the Clerk.
    Following the last public discussion of the master plan, Mr. Beck explained that the Council held a work session at which time several items were amended. The revised plan was shown on the overhead.
    Mr. Hood summarized the conceptual, long-range plan which will be used as a guide for development of the park. He explained that the perimeter trail along the north boundary of the property was relocated and moved closer to Walnut Street. He noted additional connections between Walnut Street and the trail. Mr. Hood pointed out the notation on the plan that designates the Pop Collins Cabin will either be retained at the Stephens property and relocated to the site of the former Gordon Manor, or will be relocated to Nifong Park. The final decision of such will be made by the Council at some future date. Another note was added regarding the boat house remaining on site pending future direction of the Council. He said they have continued to keep the northwest corner of the property free of development, other than the perimeter trail, in order to preserve the possibility of the realignment of the Walnut Street/Old 63 intersection. Mr. Hood stated that staff believes the current plan features a combination of the traditional park development and the landscaping planting features that one would find in an arboretum.
    Mr. Janku asked where the potential adjustment might be made to connect Walnut to East Walnut. Mr. Hood said it would be in the northwest corner. He noted that one of the preliminary plans showed the potential for a roundabout in the area.
    Mr. Janku expressed concern about the proximity of the proposed amphitheater to the street. He questioned the location.
    Mayor Hindman opened the public hearing.
    Michael Macarowitz, 2109 E. Walnut, explained that he lives between the two proposed parking lots facing the park. He was concerned about the number of parking spaces on East Walnut because it is an unimproved, narrow street with heavy traffic during peak times of the day. Mr. Macarowitz said his concern is for the amount of traffic that will be added to East Walnut. He was interested in whether there are any plans with regard to improvement of the street and how that would financially impact abutting property owners.
    Henry Lane, 1816 E. Broadway, noted that he resides across the street from the park. He reiterated his thoughts about moving the Pop Collins Cabin and asked that it be left intact. Mr. Lane preferred that the park not be developed.
    Beverly Spencer, 3812 Evergreen Lane, spoke about the community's preference for minimal development of the park. She did not believe the improvements being proposed constituted minimal development. Ms. Spencer was also concerned about the additional $2.5 million price tag for the improvements. She asked that Phase I developments be delayed for a year in order to work out a reasonable plan which would have less impact.
    Karl Tray, 1640 Highridge Circle, agreed with the statements made by the two previous speakers.
    Mayor Hindman closed the public hearing.
    Mayor Hindman asked Mr. Hood to explain the planning process for the park up to this point. Mr. Hood explained that it began almost a year ago with a series of open public meetings where citizens were asked to share their ideas as to how they would like to see the property used. Staff held focus group meetings with more than 15 different special interest groups to ascertain their thoughts on development of the property. In addition, staff met with school children and several different surveys were conducted. Mr. Hood displayed the results of the survey on the overhead. After compiling the input from the surveys and the different meetings, staff came up with four possible options for development of the park. The options included a traditional park, a combination park and golf course, an arboretum, and a combination arboretum and park. The options were presented at public meetings and were on display in prominent locations. Of the 497 responses, the traditional park option received 84 votes, the golf course got 84 votes, the arboretum garnered 60 plus votes, and the combination park/arboretum received 250 plus votes.
    Mr. Coffman asked about the amount of parking. He wondered about a notation on the master plan that parking would be added as needed. Mr. Janku did not think staff wanted to spend money on parking if it is not needed because of all of the other competing needs. Mr. John pointed out that each step of the plan would have to be approved by the Council. Mr. Coffman was hopeful parking would be kept to a minimum. Mayor Hindman agreed.
    Ms. Crayton expressed concern about the location of the amphitheater to adjacent residential property. Mr. Hood responded that staff looked at several locations for the amphitheater. He explained the two primary reasons for its present location is because of the natural bowl in the land at the proposed site in addition to parking access. Staff believed the parking lot off of Old 63 could be used jointly to serve the swimming area and the amphitheater, hopefully reducing the number of parking spaces needed in the park. Mr. Hood believed the area could be buffered extensively with a series of berms and plantings that will help with the noise situation.
    Mr. Janku agreed and thought there should probably be a note on the plan regarding the amphitheater indicating that certain decisions are deferred until a future date as this is a Phase II project. Mr. Hutton commented he brought up this concern at the work session.
    Mr. Hutton asked Mr. Hood to address the lighting issue, particularly in the parking lot next to the residential area along East Walnut. Mr. Hood responded that lighting has been discussed extensively. Staff believes lighting can be focused almost exclusively on parking lot areas and it will not extrude into the adjoining neighborhoods. Mr. Hutton asked about the plans for any road improvements along East Walnut. He realized it was not currently in the CIP. Mr. Beck said it would be a narrower street when it is built. He said the Council would need to initiate the project or the property owners could initiate it by petitioning the City to have the street paved. He reported if a petition is submitted, the City would maintain the street without cost. No matter how initiated, Mr. Hutton understood there was a potential for tax billing by the front foot. Mr. Beck indicated the Council would need to determine whether to charge for the cost for curb and gutter, or a maximum not to exceed a certain amount for a residential street -- which would be more than curb and gutter costs.
    At the work session, Mr. Loveless noted there was a possibility that the northwestern lot (120 car lot) could be accessed from some other way than Walnut Street. Given that is not in the first phase of construction, he asked if that possibility was still an active one. Mr. Hood said it was certainly a possibility that would be considered. He indicated it would depend somewhat on whether the Council chooses to relocate Walnut Street and redesign the entire intersection. If the Walnut Street intersection is not revised, he spoke of the possibility of connecting the parking lot to the Old 63 entrance. Mr. Hutton asked if that would be affected by the amphitheater being there as well. Mr. Hood said that would have to be looked at.
    Mr. Loveless noted the four top choices of the respondents regarding facilities in the park to be nature trails, picnic sites, an arboretum botanical garden, and outdoor amphitheater. He said that is what the staff has tried to provide in the plan. Regarding trails, Mr. Loveless explained that the City is obligated to make them accessible to all Columbia citizens -- which means they will be paved so that citizens with restricted mobility can use them also.
    Mr. Hutton made the motion that R64-02 be amended by adding notes indicating the possibility of looking at a different location for the amphitheater and connecting the larger parking lot in Phase II to Old 63 or the other parking lot, as opposed to East Walnut. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. Janku reported that when the purchase of the Stephens property was presented to the voters, that clearly included not only the acquisition cost, but money for development and improvement as well. He also remembered many people from the community believed this property is analogous to the great urban parks in the United States. He noted that Forest Park in St. Louis has a lot of different amenities and attractions and does not consist of just open greenspace. He said Central Park is the same way. Mr. Janku believed the current plan, developed with input from the community, reflects a good balance.
    Mr. Hutton stated that it is not possible to please everyone, however, this plan is a best case alternative.
    Mr. Coffman thanked the citizens for their support of the property. He acknowledged staff's thoroughness in obtaining public input. He noted the Pop Collins Cabin would be discussed in more detail at a later date.
    Mayor Hindman complimented the staff for the process they used in developing the current proposal.
    The vote on R64-02, as amended, was recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

B109-02     Amending Chapter 29 of the Code regarding parking regulations.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the Council had amended the parking regulations in December, but several issues had been left pending for further staff review. The Planning Commission voted 6-2 against making the recommended amendments.
    Mr. Dudark explained that there had been several uses the Council had asked staff to look at. The proposed changes are fairly minor, but he said they would result in some slight increase in the parking standard. Mr. Dudark reported it was found that Columbia is on the low end of the requirement, and basically provides a bare minimum for the seven uses.
    Mr. John observed the Planning and Zoning Commission did not discuss the necessity for someone having to obtain a variance from the Board of Adjustment if parking is proposed to be over a standard by 20-25%. He asked if that had been considered. Mr. Dudark explained that it was presented to the Commission during the work session, but he said it did not apply because it was removed by the Council. He said it still remains as a question for the Council as to what the appropriate minimum standard is.
    Mr. Janku asked about the process for a 20% delay in parking and whether it can only be initiated by the property owner. Mr. Dudark thought it had to be initiated by the property owner at the time they apply for a building permit or submit a plan. Mr. Janku believed that Public Works could require the remaining 20% to be installed if found to be necessary at some point in the future. Mr. Dudark said that was correct. He noted the 20% has to be set aside as green space.
    Mayor Hindman opened the public hearing.
    John Clark, 403 N. Ninth Street, was pleased with the proposed adjustments to address parking issues for bicyclists in connection with the development of off-street parking.
    Mayor Hindman closed the public hearing.
    Mr. Janku spoke in favor of the amendments. He thought the statistics developed by staff more closely reflect the reality of what is actually needed. He noted ongoing problems with parking in certain neighborhoods. Mr. Janku supported the 20% delay factor.
    Mr. John agreed and said the numbers need to be adjusted upward to manage the type of parking that is actually being generated by some uses.
    Mayor Hindman believed that there are too many large parking lots that serve only for a few hours during a given week. The rest of the time, he said they are an eyesore for the neighborhood. Mayor Hindman did not think there was anything wrong with a limited amount of parking in the neighborhoods. As long as the 80% standard is an option, Mayor Hindman said he could support the amendments.
    B109-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B110-02     Rezoning property located on the southwest corner of the intersection of Ripley Street and Pratt Street
                   from R-3 to O-P.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained the request to rezone an R-3 lot that has been used for a community day care center for years. If the Council approves the O-P zoning, the applicant is agreeable to limiting the use to a physician's office. Mr. Dudark noted that most of the surrounding property is zoned either R-3, R-2 or R-1. The Planning and Zoning Commission, on a split vote of 6-2, recommended denial. He said the Commission denied the application for reasons that included the concern about setting a precedent for establishing a business/commercial zone in a residential area that could trigger additional requests, the on-site parking requirement, traffic issues, and that an O-P zoning district is not subject to the Benton-Stephens overlay standards. Mr. Dudark said there were minority comments in favor of the application, particularly the desire to preserve the character of the existing building.
    Mayor Hindman asked how this rezoning request would interact with the overlay district. Mr. Dudark explained that the Benton-Stephens overlay ordinance specifically exempts commercial zoned property, including O-P zoned property. He commented the Council has some discretion in approving an O-P plan to address some of those issues. He said the verbatim standards themselves would not necessarily apply directly to the property.
    Mayor Hindman opened the public hearing.
    Dan Simon, an attorney with offices at 203 Executive Building, spoke on behalf of Brian and Susan Johnson, who are practicing physicians in Columbia. He explained that the Johnson's have dreamed of establishing a practice in a residential home and neighborhood. He said the applicants do not have a plan at this point, but if the requested zoning is approved, such would be submitted at that time. Mr. Simon maintained that Brian and Susan Johnson are very sincere people and they do not want to do anything that would damage or harm this neighborhood. They believe their proposal will help stabilize it. He stated that approval of this request would allow for retention of the existing, significant structure and prevent it from being cut up into apartments. Mr. Simon asserted that the traffic generated by the practice would not be any greater than that of an apartment use, nor any greater than the commercial nursery school that was previously established within the home.
    Mr. Coffman noted the concept of an overlay district is to allow for some types of businesses, but generally that these would be businesses to serve the neighborhood. He did not think the Johnson's patients would necessarily be from this particular neighborhood. Mr. Simon acknowledged that not all their patients are from the neighborhood, but some are.
    If he were to support this rezoning request, Mr. Coffman wanted to ensure the use would be limited to something that would likely preserve the character of the structure and neighborhood. He asked what were the reassurances that if the property was sold, that the use would remain restricted to that of a physician's office. Mr. Simon's opinion was that the Council had the absolute right to restrict the use. He noted this is currently stipulated in the proposed ordinance, and the property could not be utilized for any other office or commercial use without such being subsequently approved by the City Council. Mr. Simon stated that if the Council approves this rezoning request, the plan that would come before the Council would provide for the preservation of the house. In addition, any future modification to this plan would require Council approval.
    Mr. Stoltz verified that the O-P use allows physician's offices. Mr. Coffman asked if the rezoning request is granted, whether the property could be limited to physician uses. Mr. Stoltz indicated the Council would have to approve any change in the use of the property if this ordinance is approved.
    Mayor Hindman assumed the ordinance approving this rezoning request would provide specifically that the use be limited to a physician's office. Mr. Simon interjected that the ordinance that adopts the actual zoning provides for that designation. Mr. Coffman said the ordinance specifies that the property "may" be used for a physician's office. He wondered about adding limiting language or use of the word "shall" instead of "may".
    Susan Johnson assured the Council that she and her husband are very committed to this project and feel it would be an asset to this historic community. She said they would take very good care of the home. She noted it needs some work, but they can and will do it. Ms. Johnson also pointed out that patients would probably access the property from Broadway to Ripley, which would not bring much traffic into the deep area of the neighborhood.
    Sara Goebel, Board President of Community Nursery Schools, urged the Council to approve this rezoning request. She said it would allow for the continued provision of services much like the Ripley campus of Community Nursery Schools. Up until last fall, they provided child care and pre-school education at this site for the past 50 years. Ms. Goebel maintained this project would demonstrate a bonafide investment in the neighborhood.
    Terry Olack, 7280 E. Southern, Executive Director of Community Nursery Schools, also spoke in support of the request to rezone the property. Over the past two years, it became very evident that the subject home was too costly for them to maintain as a not-for-profit agency. She said there has been a lot of discussion about converting the structure into a single family home, but she believed this would be extremely costly and unlikely to happen. Ms. Olack indicated she has come to know the Johnson's and their plans for the home. She thought they have both the means and desire to restore the home to its former beauty.
    Kurt Albert, 1512 Windsor, gave the Clerk a petition signed by 175 neighborhood residents who are opposed to this request. He contended that he knew of three individuals that would buy the house and bring it back into compliance. All three have expressed an interest in keeping it a residential property. Mr. Albert did not want to see the yard paved over and turned into a parking lot for 12 or more cars. He passed out copies of the plan for the parking lot. He was concerned about storm water run-off and additional traffic. Mr. Albert said that spot zoning is detrimental to both the Metro 2020 Plan and the Benton-Stephens overlay district. He asked the Council to preserve the residential character of the neighborhood.
    Jay Hasheider, 1403 Windsor, spoke in opposition to the request. He reminded the Council that both staff and the Commission are opposed to the rezoning. Mr. Hasheider said he had nothing but admiration for the Johnson's and that he would welcome them to the neighborhood if they would develop the property as residential.
    Patrice Albert, 2000 W. Gleason, explained that she has lived in the Benton-Stephens neighborhood for eleven years and still owns several homes in the area. She read a statement from Karl Gates, 607 N. Ann, about the properties he has purchased and restored in the neighborhood. Mr. Gates believed that rezoning the property to planned office would violate the intent of the overlay. He urged the Council to deny the request. Ms. Albert was concerned about parking and traffic.
    Steve Myrick, 211 Ripley, pointed out that there is enough rental property in the area. He was interested in having more owner-occupied homes in the neighborhood. He believed the Johnson's proposal fits what he would consider owner-occupied. Mr. Myrick was concerned that if the rezoning request is denied, the property would be used as another crack house in their neighborhood.
    Mikel Walsh, 1400 Hinkson, spoke in strong opposition to the proposed rezoning. She asked the Council to look to the future and consider what would happen if the next owner does not share the same highs ideals and concern as the Johnson's. If the property can be rezoned now, she believed such could occur again in the future if another physician is not interested in purchasing the home. Ms. Walsh pointed out that this neighborhood does not need a doctor's office as Boone Hospital and its surrounding medical office buildings are a few blocks away. She related the area needs more owner-occupied residences.
    Ann Morris, 1513 Windsor, thought the rezoning would invade the spirit of the neighborhood. She said a parking lot in a residential neighborhood shows disregard for the dreams of other people. Ms. Morris noted the parking lot in this case would be surrounded by very sweet, little old houses. She also said the trees would be torn down to build the lot.
    John Clark, 403 N. Ninth, stated that he had worked with a group of people for three years to get an urban overlay district enabling ordinance adopted by the City. He inquired as to whether the Council really wanted to start picking away at this one. He also asked that the question be cleared up about restricting the use to just a doctor's office. Mr. Clark said this decision will have a lot to do with other overlay districts that are currently being considered for other areas within Columbia.
    Mayor Hindman closed the public hearing.
    The Council discussed the limitations of the use. Mr. Stoltz indicated he could not categorically guarantee the restriction could be upheld. He explained the current proposal is an application for O-P zoning, and that the use would be restricted to a doctor's office. He was fairly confident that if anyone tried to change that use, they would have to come back to the Council. Mr. Stoltz could not confirm that the Council could prohibit any other use.
    Mayor Hindman thought if the rezoning request is approved, he believed the Council would have the right to refuse a plan if it is not what has been represented this evening. Mr. John noted other rezoning requests have been approved after assurances were made as to what would be contained within the plan. He reported the requirement that a plan does not have to be submitted at the time of the zoning request was purposely enacted so people would not have to spend money developing a plan until the request was approved. Mayor Hindman remarked he would like to amend the ordinance tonight to reflect that the representations being made is what the plan would include. He noted those specifics are contained in the applicants' letter.
    Mr. Janku asked how the Council could restrict parking in an O-P plan. Mr. Dudark explained when the applicants file their plan, they can request a variance to the parking standard.
    Mayor Hindman listed positive points to the proposal that are appealing, but added that he did not want to approve anything that would harm the neighborhood. He was concerned about the parking lot and removal of trees.
    Mr. Janku said one of the biggest challenges is getting services to neighborhoods. He did not want to send a signal that if an overlay district is approved, that commercial or office services will not be permitted in these areas.
    Mayor Hindman pointed out that this neighborhood, at one time, did have stores in it.
    Mr. Coffman was hopeful the ordinance could be amended in some way to reflect what the Mayor has suggested. He said the opportunity to salvage this home, as opposed to what would likely happen to it as a rental property, is very appealing. He thought this should be the way that overlays could work -- that the Council could make exceptions without creating a precedent.
    Mr. Hutton pointed out that the overlay district protects the residential areas from commercial or office zoning. He wondered if that should result in office or commercial rezoning requests never being approved in overlay districts. Mr. Hutton commented that each rezoning request is considered on a case by case basis. Regarding the preservation of the house, he noted there is always the possibility that the structure in question could be preserved as a single family house, but to actually preserve it would take a substantial cash outlay -- several hundreds of thousands of dollars. He thought it was more likely, if the rezoning does not occur, that the house will be converted to an apartment house -- which will not preserve the house. Regarding the comment about the parking lot being raised making it more visible, Mr. Hutton did not agree. He thought it would be less visible because the required screening could actually be lower to hide the cars. He pointed out that the Council has the discretion to reduce the number of on site parking spaces as well.
    Regarding the noncompliance with the 2020 Plan, Mr. John reported that it called for offices within neighborhoods; although, it did suggest that office areas should be clustered. However, that applied to new development. Mr. John remarked that the overlay issue came from an idea to allow neighborhood market places or commercial spot zoning within neighborhoods. He thought the current proposal was the best use for the property, preferable to it being converted to apartments or demolished. Mr. John disagreed that the O-P zone would be detrimental to the rest of the neighborhood.
    Mayor Hindman made the motion to amend B110-02 by changing the word "may" to "shall" in the last sentence of Section 1; and by adding a new Section 3 (changing the current Section 3 to 4) with the language, "The plan submitted shall be in substantial conformance with the letter submitted on March 25, 2002 attached hereto as "Exhibit A" and incorporated herein by reference." The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    B110-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B97-02     Amending the agreement for the Public Safety Joint Communications System.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that there are five users to this system and the agreement would formalize the cost sharing arrangement.
    B97-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B99-02     Amending Chapter 14 of the Code to prohibit parking on both sides of Peach Way.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this request to remove parking between 8:00 a.m. and 3:00 p.m. on the entire length of Peach Way was made by the property owner because of problems with overflow student parking from Rock Bridge High School.
    B99-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B104-02     Approving Change Order No. Six; approving the engineer's final report for the Wetland Treatment
                   Unit #4 Project.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this sizable project involves the fourth wetland unit cell containing a 40-acre surface area, with the total for all cells being 130 acres of water surface area. He pointed out that the project was constructed for quite a bit less than the original estimate at a cost of $3,695,109.60. Current total capacity of the facility is 20.6 million gallons a day.
    B104-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B108-02     Vacating a portion of street right-of-way for Burbon Street; changing the street name of "Burbon
                   Street" to "Bourbon Street"; accepting easements for utility and Trails/walkways.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this short, local residential stub street is located in the Park deVille area. The proposal is to vacate the street and retain easements for a pedestrian way into the park.
    B108-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B113-02     Appropriating funds for the purchase of police and canine equipment.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this $2,000 annual gift is from Rick and Sally McDowell.
    Chief Boehm thanked Mr. and Mrs. McDowell for their donation. He said this is the fourth year they have donated funds which are earmarked for the Major Crimes Unit in memory of their infant son. It is specified that the funds be used for equipment to aid in their investigations. In addition, a small donation was given by the Elk's Lodge for the canine unit. Chief Boehm noted this group has made continuous donations to the program. He thanked them for their donations.
    B113-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B103-02     Calling for bids for the construction of a right turn lane at the southwest corner of Providence and
    The bill was given second reading by the Clerk.
    Mayor Hindman reiterated his concern about pedestrians crossing at this corner. He understood that if a marked crosswalk was established, motorists would be legally obligated to yield to pedestrians. He asked whether that would be an option at this point in the process. Mr. Patterson responded that provisions for pedestrian crossings are supposed to be similar to the others within the intersection. He explained that Mr. Shy was present to answer any technical questions. Mr. Patterson pointed out that this project is located in State right-of-way, and they would have to approve a permit for any additional work. Therefore, any signage and/or markings would have to be in accordance with State regulations. He indicated that staff could explore the issue, but he is not certain MoDOT would approve something different than what exists at the other points in the intersection.
    Ron Shy, 5600 S. Highway KK, verified that MoDOT would have to approve any redesign of the intersection. The current proposal has been designed to replicate what exists at the intersection's other crossings. He said they could review the plans again.
    Mayor Hindman indicated that he did not hold Mr. Shy responsible for the current design of this project. However, it is an example of the problems the City sometimes encounters because there is not a pedestrian coordinator on staff. He pointed out that nobody is protecting those interests. Mayor Hindman thought crossings should be a priority in the design of any intersection or facility where there would be pedestrian use. He spoke of his preference that options in this case be thoroughly explored and implemented if at all possible.
    Mr. Shy pointed out that the redesign of one leg in the intersection would have an impact on the other legs as well. He stated the project must include the overall intersection rather than just the one leg. He believed the current design would make it a much better intersection than it is now. Mayor Hindman agreed, but he still thought a way must be found to make it a pedestrian friendly intersection. Mr. Shy responded he could meet again with Public Works and MoDOT to explore the issue further.
    Mr. Loveless asked if the design of this intersection would take no more than just painting in a crosswalk and posting signs if MoDOT found that to be permissible. He understood there are curb cuts for wheelchairs. Mr. Shy said that was correct. He added that he was unsure whether MoDOT would be willing to modify the signalization through all of the intersections, i.e., the lights would be changed to allow for a pedestrian crossing independent of vehicular traffic. It was ascertained that the current design would not preclude a crosswalk being painted on the street.
    Mayor Hindman indicated he did not want to hold this project up. Mr. Patterson assured him that what he is suggesting does not relate to the construction work. The island is being built for walkways with a handicapped accessible ramp on the radius of the sidewalk. The only question is what will MoDOT allow for signing and striping, etc.
    Mr. Hutton suggested the Council proceed with passage of the ordinance. In the meantime, staff could work with MoDOT to see what they will allow. Mr. Patterson commented the contract would not be changed for that type of work anyway (City staff could do it).
    John Clark, 403 N. Ninth, spoke as the Chair of the Crossings, Sidewalks and Crosswalks Committee of the Bicycle and Pedestrian Commission. He noted that the Commission was never consulted in any way about the design of the project. If that had occurred, the pedestrian issue could have been brought to the Council's attention before the project had proceeded to this point.
    B103-02 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

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

B98-02     Amending Chapter 14 of the Code to make Buttonwood Drive, south of Nifong Boulevard, a two-way
B100-02  Authorizing an agreement with Allstate Consultants to provide engineering services in connection with
                Upper Grindstone Creek to Lake of the Woods Sanitary Sewer Project.
B101-02  Authorizing acquisition of property necessary for the construction of Sewer District No. 144 (Mexico
                Gravel Road) Project.
B102-02  Calling for bids for the construction of I-70 Drive SW from West Boulevard to Business Loop 70.
B105-02  Approving the final plat of Dell Jones, Plat 1.
B106-02  Approving the final plat of Thornbrook, Plat 8.
B107-02  Approving the final plat of Vanderveen Crossing, Plat 7.
B111-02  Vacating a portion of a temporary street easement within Lot 13 of Valley View Ridge Subdivision;
                accepting a grant of easement.
B112-02  Accepting a grant from the Missouri Department of Natural Resources; appropriating funds.
B114-02  Accepting easements for utility purposes.
R73-02    Setting a public hearing: construction of water mains serving Vanderveen Crossing, Plat 8.
R74-02    Setting a public hearing: improvements to Twin Lakes Park.
R75-02    Setting a public hearing: construction of Park de Ville Drive Sidewalk Project.
R76-02    Authorizing an amendment to the agreement with the Missouri Department of Health for the Breast
                and Cervical Cancer Program.
R77-02    Authorizing amendment to agreements with Crawford, Murphy & Tilly in connection with Columbia
                Regional Airport Improvement Projects.
R78-02    Authorizing an agreement with A Call to Serve, Missouri (ACTS) to allow temporary storage of
                humanitarian supplies at the City facility located at 1005 West Worley Street.

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

R79-02     Setting a public hearing: improvements to Stephens Lake Park.
    The resolution was read by the Clerk.
    Mr. Beck pointed out that the Council had no proposed changes to the list of improvements.
    The vote on R79-02 was recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R80-02     Authorizing an agreement with Peckham & Wright Architects, Inc. for architectural support services
                 for the restoration of the Blind Boone Home.
    The resolution was read by the Clerk.
    Mr. Beck explained that this is the second phase of the work being done to restore the Boone Home. He noted that it has been reviewed by a committee that has been working with the Department of Natural Resources and the architect. Funding for the project would come from a Historic Preservation Grant in the amount of $25,000 and CDBG money in the amount of $50,000. The architect's fee is not to exceed $7,500.
    The vote on R80-02 was recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R81-02     Approving the preliminary plat of Hidden Creek Subdivision.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this 57-acre tract is located in northeast Columbia in the Hanover area. The plat would create 18 R-1 lots and one large lot of about 51 acres, presently zoned A-1, that will come back later as a PUD rezoning request.
    Mr. Dudark believed the reason for the wait in rezoning the north lot is because the terrain is very hilly. The developers needed more time to come up with a plan.
    Mr. Hutton referred to a letter from an adjoining property owner discussing the possibility of Hidden Creek Court being a dead end street rather than a cul-de-sac. He asked if staff had considered that. Mr. Dudark replied staff reviewed the request, and it was determined that property owner has an alternate access from other streets. He indicated the reason Hidden Creek Court is planned as a cul-de-sac is because the property to the east is R-2 and this property would be R-1. Mr. Dudark stated the applicant did not want to connect the two areas.
    The vote on R81-02 was recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

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

B115-02     Authorizing construction of water mains serving Vanderveen Crossing, Plat 8; authorizing payment of
                   differential costs.
B116-02     Accepting easements for water and utility purposes.
B117-02     Amending the FY 2002 Classification Plan and Pay Plan relating to Water and Light Power Plant
B118-02     Authorizing an amendment to the agreement with R.W. Beck for consulting services; appropriating
B119-02     Authorizing an agreement with The Curators of the University of Missouri for the services of an
                   Assistant Fire Marshal.
B120-02     Authorizing an annexation agreement with Masonic Home of Missouri.
B121-02     Establishing permanent R-1 zoning on property located on the south side of State Route K, east of
                   Old Village Road.
B122-02     Vacating sewer and drainage easements within Lot 1-B of C-K Place Subdivision, accepting an
                   easement for drainage purposes.
B123-02     Rezoning property located on the northwest corner of the intersection of Stadium Boulevard/State
                   Route 740 and West Worley Street from C-1 to C-P.
B124-02     Changing the street name of "Rice Road" to "Kelsey Drive."
B125-02     Approving the final plat of West Lawn, Plat 1.
B126-02     Approving the final plat of Stonecrest, Plat 3.
B127-02     Authorizing acquisition of land necessary to construct the Rollins Road Street/Traffic Calming Project.
B128-02     Authorizing acquisition of land necessary for construction of the Park De Ville Drive Sidewalk Project.
B129-02     Confirming the contract of APAC-Missouri, Inc. for construction of the 2001 Annual Sidewalk Project.
B130-02     Authorizing an air space agreement with the Missouri Highways and Transportation Commission for
                   the construction of a pedestrian bridge over I-70, along the east side of Providence Road.
B131-02     Authorizing a right of use permit with Thornbrook Development, Inc. to allow work within a portion of
                   Thornbrook Parkway right-of-way.
B132-02     Authorizing Change Order No. Three to the contract with Curtiss-Manes-Schulte, Inc. for construction
                   of the Community Recreation Center.
B133-02     Authorizing construction of improvements to Stephens Lake Park.
B134-02     Authorizing construction of improvements to Twin Lakes Recreation Area.
B135-02     Authorizing issuance of Sewerage System Revenue Bonds for extending and improving the City's
                   sewerage system.
B136-02     Authorizing an intergovernmental cooperation agreement with CenterState Transportation
                   Development District.

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

(B)     Current City Policies on Under Grounding of Electric Distribution Lines.
    Referring to the recent ice storm in Kansas City and the resulting problems with above ground power lines, he thought this is not only an aesthetic issue, but also one that relates to public health and safety. He believed that at some point Columbia will experience a storm with the same destructive results, and citizens will be particularly angry if five years goes by before the Council has implemented a program to address the issue. Mr. Janku suggested that under grounding should be the norm and not considered a premium service when associated with new construction. He recommended developing a policy that allocates the cost in a particular way, similar to the sewer utility where there is the 80-acre rule. Mr. Janku indicated the Council needed to make a long-term commitment with policies in place that can address each project as it comes up. He would like the program to begin by requiring electric lines to be buried as a part of new construction, with perhaps a few exceptions for the high voltage power lines.
    Mayor Hindman believed Mr. Janku was talking about a method of "stopping the bleeding". He agreed the Council needed to find a way to work toward that goal. Mayor Hindman proposed that perhaps staff could bring back some ideas and associated costs in regards to implementing such a program on a gradual basis.
    Mr. Janku made the motion that staff be directed to come back with a report with some ideas for such a policy. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

(C)     Request by the Planning and Zoning Commission to Create a Web Site for Communication Purposes.
    Mr. Beck thought the Council had not indicated that they wanted to go ahead with joint planning between the two Commissions. He noted the subsequent request for a web page. He believed some background information from the IS Department regarding costs would be helpful.
    Mr. Loveless made the motion that staff be so directed. The motion was seconded by Mr. John and approved unanimously by voice vote.

(D)     Golden Knights Parachute Team.
    Mr. Beck said this is an annual event.
    Mr. Hutton made the motion that the request be granted as written. The motion was seconded by Mr. John and approved unanimously by voice vote.

(E)     Bicycle and Pedestrian Commission Communication to the Council.
    In regards to Council reports, Mr. Janku thought the recommendation is that anything approved by a Commission needed to be in writing. He said then it would become the staff's responsibility to see that it gets to the Council, either on the agenda or otherwise. At that point, it would be up to the Council to decide what to do with the information.
    Mr. Beck indicated that part of the problem is that individuals from the various Commissions are sending letters directly to the Council. He asked if the Council thought that the memo dated March 26, 2002, was a recommendation from the overall Bicycle/Pedestrian Commission. Mr. Beck believed any communication forwarded to the Council should come as a result of a vote by the majority of the commission rather than a subcommittee of the commission.
    Mr. John suggested that staff be asked to do a comparison in this case.
    Mayor Hindman asked if the Council was satisfied that the report represents the views of the full commission. It was ascertained the report indicated that the recommendation had not been seen or reviewed by all members of the Commission, nor voted on at an official meeting of the Commission. Mayor Hindman said there might be some disagreement amongst the members about the information being recommended within this report. Mr. John thought the Council should wait to act on the recommendation until the Commission actually votes on it, but he also thought they could go ahead and indicate their preference for the paragraphs to be reviewed by staff.
    Mayor Hindman made the motion that staff be asked to put together a report comparing the Bicycle/Pedestrian Commission recommendation to the 2025 Plan. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.


    Mr. John noted the pre-Council discussion about the old Federal Building. He asked that staff seriously consider what uses it might have for the City of Columbia and the best uses for other government offices, if not federal offices. As these office needs are being assessed, he asked that the Federal Government be encouraged to maintain offices in the downtown area of Columbia as much as possible.
    Mr. Janku commented that he had been contacted by Mr. Clark on behalf of Sustainable Farms & Communities about amending the lease approved at the last meeting due to the fact that the group will not be using the site while they are at the Worley Street location. Mr. Clark had asked that the payments be adjusted to reflect this situation.
    Mr. Janku made the motion than an ordinance be prepared to adjust the lease. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    Mr. Janku was contacted by a representative of Habitat for Humanity in regards to their development on Oakland Road. He asked that the fiscal budget for next year include the cost for installing a sidewalk on City property that abuts Oakland Park.
    Mayor Hindman referred to a report about landscaping of islands at the Broadway/Stadium intersection. He thought it was ridiculous that MoDOT requires such a huge space to park their trucks on, but said it was probably the best the City could get out of them. Mayor Hindman wanted the islands to be landscaped, and he doubted whether the City has much choice in the matter.
    Mr. Beck said staff will need to determine the fund balance for landscaping, and then ascertain whether or not something else should be tapped into if there is not enough in that account for landscaping.
    Mayor Hindman made the motion that one of the islands at Stadium and Broadway be pursued. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    Mr. Loveless noted that City Manager Beck had recently been honored with the Missouri Distinguished Service in Engineering Award from the University of Missouri's College of Engineering. The Council congratulated him on the honor.
    John Clark, 403 N. Ninth, spoke regarding the discussion on the report from the Bicycle/Pedestrian Commission. He had no idea why the Council was sent anything other than the report from the Commission. He was hopeful the group could have a work session with the Council. Mr. Clark said it may be the status quo for the City of Columbia to rely on sales tax, but he could not remember a major discussion about that taking place. He knew Mr. Janku had raised the question on whether the City should rely a bit more on property tax. Mr. Clark anticipated that the Council will not consider this issue settled until the public has the opportunity to comment on it.
    Nan Collins, 1201 Paquin, spoke in favor of retaining the can ordinance, but wanted to see it made more equitable for everyone.
    Henry Lane, 1816 E. Broadway, reminded everyone of the election on April 2nd.
    The meeting adjourned at 10:45 p.m.

                                                                                                    Respectfully submitted,

                                                                                                    Penny St. Romaine
                                                                                                    City Clerk