M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
MARCH 18, 2002
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, March 18, 2002, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members LOVELESS, JOHN, HINDMAN, CRAYTON, JANKU, and HUTTON were present. Member COFFMAN was absent (he entered at 11:20 p.m.) The City Manager, City Counselor, City Clerk and various Department Heads were also present.
 

APPROVAL OF MINUTES
    The minutes of the regular meeting of March 4, 2002, were approved unanimously by voice vote on a motion made by Mr. Loveless and a second by Mayor Hindman.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mayor Hindman noted that he would be adding appointments to the Storm Water Task Force under Boards and Commissions. He also explained that Items G and H would be added under Reports and Petitions.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mayor Hindman and a second by Mr. Hutton.
 

SPECIAL ITEMS
(A)     Telly Award.
    Mr. Beck explained that these awards began in 1980 as a way to recognize programs and commercials produced by non-network professionals. More than 11,000 entries were submitted. The City's government access channel received three Telly awards for programs relating to fire safety, energy conservation tips, and how power is generated at the City of Columbia power plant.
 

(B)     Accept Verizon Foundation Technology Center Grant.
    Don Neely, a representative of the Verizon Foundation, presented a check in the amount of $50,000 to fund the Verizon Community Technology and Education Center at the new Community Recreation Center. He explained that the money would fund the purchase of 11 mobile PC's, work stations and monitors, a laser printer, a PC projector to be used for instructional use, and all the furniture and other equipment necessary to bring the project to fruition. He reported one of the Foundation's overall goals is to provide young people with meaningful educational and personal development opportunities, as well as extending these services to the underserved adults and senior citizens who may not have access to computers. Mr. Neely complimented Mr. Hood and his staff for their help with this grant.
    On behalf of the City, Mayor Hindman accepted the check. He noted it was a very important contribution to the City of Columbia.
 

(C)     Presentation of FY 2001 Annual Audit.
    Mr. Beck pointed out that the City of Columbia is in very sound financial condition. He said current budgeting processes and controls has allowed the City to operate a $238 million budget without making any major adjustments to overall services and capital improvement projects. He stated the audit report confirms the City's total compliance with federal regulations. Mr. Beck reported that this is the first time the City has not received a notice that changes are necessary in operating procedures.
    Phil Hanson, 801 Canterbury, Chairman of the Finance Advisory Committee, explained that Committee members met with the KPMG auditors last Wednesday. He said the financial audit was an unqualified opinion, which in accounting terms means there are no qualifications attached to the audit. Mr. Hanson indicated it was probably one of the best audit reports the City has received in a long time, and probably one of the best he has seen on any entity as far as communications to the Council and any problems with the financial statements. He explained the Committee discussed possible options for the FY 2001 special project to be performed by the auditors, and they recommend that KPMG provide assistance with the implementation of GASB 34 -- a new financial reporting requirement for the City.
    On behalf of the Council, Mayor Hindman thanked Mr. Hanson and the Committee for serving the citizens of Columbia so well.
    Mr. Hutton made the motion that the Council accept the report. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    Mayor Hindman made the motion that the special project be authorized as recommended. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

SCHEDULED PUBLIC COMMENT
    None.
 

PUBLIC HEARINGS
B72-02     Authorizing an agreement with Providence Acquisitions, LLC, related to land acquisition and
                 construction of a right turn lane at the southwest corner of Providence Road and Broadway.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this agreement relates to the construction of a right turn lane at the southwest corner of Providence Road and Broadway. The project cost is estimated at $115,000 which would be paid for from the one-quarter percent sales tax.
    Mr. Janku asked if the landscaping would be similar to what was done on the other two corners. Mr. Patterson responded the new traffic island will match those at the other two corners. Mr. Janku wondered about the height of the retaining wall. Mr. Patterson thought it would probably be about two feet high.
    Mr. John asked when the project was expected to begin. Mr. Patterson replied that a bid call ordinance is on the agenda and, if approved at the next meeting, the project could be bid and conceivably begin this summer. Mr. John pointed out with the new development on that corner, the property the City plans to purchase is currently being landscaped. Mr. Patterson explained that the property owner is coordinating with our plans so that the current landscaping will not have to be removed as a part of this project.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mayor Hindman noted that prior to this hearing, he had given the Council a copy of an article regarding right turns on red lights. He noted this practice is being questioned in a lot of cities for several reasons. Mayor Hindman was concerned about the right turn making it difficult for pedestrians to cross the street. He was hopeful that when the project is designed, that some kind of signage is installed to ensure that motorists are aware they must yield to pedestrians.
    B72-02 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

B79-02     Authorizing Change Order No. 2; approving the engineer's final report; levying and assessing special
                 assessments for the Scott Boulevard Hazard Elimination Project; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Patterson explained that this public hearing is being held for the purpose of determining whether special assessments should be levied in accordance with the City tax bill policy along collector and arterial streets. The project involved improving an approximate 1,300 foot section of road to City standards. Although the entire project extended from Bellview Drive to Brookview Terrace, a length of 1,800 feet, only that portion within the City is being presented for assessment. Mr. Patterson reported the actual cost of the project was $777,744.10, with funding being provided through a joint agreement between Boone County and the City whereby engineering costs were shared and each entity paid construction costs based on lineal footage of abutting property in their respective jurisdictions (the County's share will be 61.7%, and the City's will be 38.3%).
    Prior to reconstruction, Mr. Patterson said the unimproved street was approximately 20 feet wide with open ditches, asphalt pavement surface and no sidewalks along the roadway. The vertical alignment and shift in the horizontal alignment created a hazardous situation and was the cause of numerous accidents over the years. He indicated that Scott Boulevard is designated as an arterial street on the Major Thoroughfare Plan and after a study was performed by Larkin and Associates, the City and County agreed on a design section that consisted of a 38-foot wide concrete street with a five foot sidewalk on the east side. In addition, bicycle lanes were demarcated on each side of the roadway. Mr. Patterson explained that right-of-way had to be purchased for the project and those negotiations included landscape compensation and replacement.
    In accordance with City policy, Mr. Patterson reported the maximum tax bill for properties abutting collector and arterial streets cannot exceed the cost of curb and guttering or its equivalent. This is in recognition of the fact that these types of streets also benefit the general public and, therefore, the public should fund a major portion of the cost. The actual tax bill cost was determined to be $11.00 per abutting foot. City ordinances also provide for tax bill relief for through lots which do not have access onto the collector/arterial street. In this case, of the eleven parcels that are in the City subject to tax billing, ten of them do not have access to Scott Boulevard. These are recommended for assessment at one-half the amount, or $5.50 per abutting foot. If approved, the tax bills will generate $8,774 of the total project cost.
    Prior to levying the assessments, Mr. Patterson noted that the Council will have to determine that there have been special benefits to the properties in an amount at least equal to the assessment being proposed. On the property where the assessment is proposed to be $11.00 per foot, he pointed out that it has a new, improved access to Scott Boulevard. He pointed out that all parcels have benefitted by the project as the new curb and gutter improves storm water management in the area, the sidewalk provides pedestrian benefit for the properties, and the improved street allows for better maintenance in the form of snow removal and street sweeping.
    Mayor Hindman opened the public hearing.
    Mary Beth Kees, 3307 Lake Town, explained that the City acquired 14-feet of their backyard for right-of-way purposes. Ms. Kees said she and her husband were not happy about that, but realized it was a necessary evil in order for the City to eliminate the hazard. She indicated this loss of property has had a negative impact on their home.
    Ashley Kees, 3307 Lake Town, displayed pictures on the overhead in an effort to show no special benefits accruing to his property. He agreed the project itself benefitted the overall community.
    Mr. Janku understood the Kees family received compensation for the 14-feet of property they gave up. Mr. Kees said they received compensation that was equivalent to what the lot square footage would have cost -- which may or may not be the value of the property they lost. Ms. Kees maintained that the resale value of their home has been reduced because it is closer to Scott Boulevard.
    Mayor Hindman closed the public hearing.
    Mr. John believed when the policy was established to eliminate driveway access onto collector and arterial thoroughfares, it created streets that are only of benefit to the general public. He thought that everyone in Columbia has as much access to Scott Boulevard as do the Kees. Mr. John indicated that only the one tract with direct access to Scott Boulevard should be tax billed for the project.
    Mr. Loveless agreed and said although the staff is doing exactly what the policy stipulates, this is the Council's chance to correct what he believed was a shortcoming in the policy.
    Mr. Hutton noted that the tax billing policy is a good one that has been in place for a long time, and it allows an opportunity for the Council to determine whether special benefits have been derived by the property owners. In this case, he said the point is very well taken that the project has only benefitted one of the property owners.
    Mr. Loveless made the motion to amend B79-02 by striking the assessments for all but tract one. The motion was seconded by Mr. John and approved unanimously by voice vote.
    B79-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

B88-02     Establishing R-1 zoning on property located on the north side of St. Charles Road, approximately 300
                 feet west of Upland Creek Road.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this approximate one acre tract was recently annexed into the City. Both staff and the Planning and Zoning Commission recommended approval of the R-1 request.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B88-02 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

B89-02     Establishing permanent zoning on property located on the northeast corner of Old Village Road and
                 State Route K.
    The bill was given second reading by the Clerk.
    Mr. Beck explained this 32.5 acre tract is located in south central Columbia. The request is for A-1 zoning on Tract A and R-1 on Tract B. Approval was recommended by both staff and the Commission.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B89-02 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

B90-02     Amending Chapter 25 of the Code relating to the arrangement of streets and interconnections of streets
                 and pedestrian facilities within and between subdivisions.
    The bill was given second reading by the Clerk.
    Mr. Dudark noted that the Council asked the Planning and Zoning Commission to look at ways to improve neighborhood connectivity. He said one of the best ways to do that is when new subdivisions are being developed; therefore, the Commission assembled a group consisting of representatives from the Home Builders Association, Board of Realtors and City departments to review the issue. The amendments being recommended are the outcome of those discussions. Mr. Dudark summarized the changes would modify street designs to encourage through streets without necessarily eliminating cul-de-sacs and loop streets. The other change relates to ensuring, where possible, street interconnections to growing areas. When that is not possible, Mr. Dudark noted the language dealing with pedestrian easements and connections for bicycle and pedestrian access.
    Mayor Hindman asked about the pedestrian and bicycle access. Mr. Dudark indicated that when street connections are not provided, and there is a need for non-vehicular public access to a school, park, trail or other area or use, the City may require the dedication and improvement of a green space access or trail easement. Whenever such public improvements are required, and the landowner conveys fee title in lieu of an easement, the City shall accept ownership and maintenance of such. Mayor Hindman asked when this access would be required by the City. Mr. Loveless thought that would be done during the platting process.
    Mr. Loveless questioned whether there are any standards for the width of easements for green space or trail access. Mr. Dudark responded the guidelines stipulate about 20 to 30 feet, depending upon the volume of traffic through an area, to allow for a 10 foot paved or crushed limestone type trail with some greenery on each side.
    Mr. Janku asked for an example of a private drive. Mr. Dudark replied if the property contains one lot, it is just a driveway on private property. With more than one lot, it will have to be approved as part of a planned district.
    Mr. John questioned the Commission's support of "T" type intersections instead of four-way stops. There was a discussion about normal spacing between street accesses. Mr. John did not think a "T" intersection would be an improvement over what is done currently. Mr. Dudark said it is typically a grid pattern. Internally, Mr. John did not believe it would be safe to have streets every 125 feet coming from different sides into any street. Mr. Dudark thought the idea came from trying to eliminate the four-way intersections which usually have more accident potential than where there is a "T" intersection. From a safety standpoint, he said these intersections are preferable over the four-way stops. Mr. John agreed they may be preferable, but he did not see how they would work in a residential neighborhood. Mr. Patterson believed the emphasis is on areas where it is anticipated that traffic volumes would warrant a four-way stop. He did not interpret the amendment to eliminate four-way intersections. Mr. Patterson anticipated there would still be four-way intersections, but in low volume, strictly residential areas.
    Mr. Hutton remembered that years ago, the emphasis was on perpendicular street intersections rather than the "T" type intersection. Mr. Dudark responded the perpendicular affect (either 90 or 80 degree at a minimum) will still exist. However, when there are large volumes of traffic coming into a four-way intersection, this is where stop signs should be avoided.
    Mr. Hutton believed they had come full circle on the cul-de-sac issue as well. Mr. Dudark noted that the Committee had talked about the issue quite a bit in trying to find the proper balance between loop streets, cul-de-sacs and through streets. He felt this would encourage more through streets rather than loops and cul-de-sacs.
    Mayor Hindman opened the public hearing.
    Bill Crockett, an engineer with offices at 2608 N. Stadium, said in his 30+ years as an engineer, he has seen just what Mr. John and Mr. Hutton are referring to. He said every time more regulations are added, the City takes away the developer's ability to design a subdivision that works with the individual terrain. Mr. Crockett believed each layout needs to stand on its own merit.
    Mayor Hindman closed the public hearing.
    Regarding the intersection situation, Mayor Hindman said he'd like more time to study it. Mr. Janku suggested deleting this particular item from the bill. Mayor Hindman agreed.
    Regarding 25-42(2)b, Mr. Janku noted the language to limit access on arterial streets, but it does not mention collector streets. He suggested that certain types of collector streets should be included in this section.
    Mr. Loveless made the motion that B90-02 be amended by deleting the last sentence of paragraph 25-42(2)a. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    B90-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

B91-02     Amending Chapter 29 of the Code regarding zoning regulations.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that an amendment sheet had been prepared for this bill.
    Mr. Dudark explained the three changes being proposed. The first will allow halfway houses for up to 15 occupants as a permitted use in an O-P zone, as well as halfway houses with up to 15 occupants and halfway houses for young offenders for no more than 40 occupants as a permitted use in a C-P zone. He noted the uses are currently only permitted in a standard open zoning district such as O-1 or C-1. The second change would permit communication antennas and towers as conditional uses in O-P and C-P zoning districts. The final change pertains to adding tree trimming and related services as permitted uses to C-3 and M-C districts. Mr. Dudark reported the amendment sheet relates to halfway houses and stipulates that such would not be a permitted use on any property zoned O-P or C-P prior to passage of this ordinance unless approved by the Council.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Janku made the motion that B91-02 be amended per the amendment sheet. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
    B91-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

B92-02     Amending Chapter 25 of the Code regarding street access.
    The bill was given second reading by the Clerk.
    Mr. Beck noted than an amendment sheet had also been prepared for this bill.
    Mr. Dudark explained that the Council had requested the Planning and Zoning Commission review the current standard permitting one access point to subdivisions containing one hundred R-1 lots, fifty R-2 lots or six acres of R-3 land. The problem is that once a second access point is created, there is no limit to the number of units, lots or dwelling units that can be final platted. The amendment would stipulate that once two points of public street access have been provided, not more than two hundred R-1 lots, one hundred R-2 lots, twelve acres of R-3, or the equivalent amount of PUD zoned land that would permit more than 200 dwelling units may be final platted unless one of the two points of public street access is an arterial or collector street, located through or directly adjacent to the subdivision or a third point of public street access is provided. The amendment sheet further stipulates the above limitations will also apply to land having a mixture of different residential zoning districts on a proportional basis.
    Mr. Janku made the motion that B92-02 be amended per the amendment sheet. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B92-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

R72-02     FY 2002 Performance Report for CDBG and HOME Consolidated Plan Annual Performance Report.
    The resolution was read by the Clerk.
    Mr. Beck explained it is a federal requirement to file a report with HUD containing a list of the expenditures in FY 2001.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Janku complimented the staff on the number of new programs that have been initiated in the past year or so. He pointed out the one area where there has historically been a waiting list and has not received enough funding is the Home Ownership Rehabilitation Program. He was hopeful the situation could be addressed. Mr. Beck said staff could look into it. Mr. Dudark indicated that the program had been slowed down a bit because of the lead base paint regulations, but those issues have been worked through.
    The vote on R72-02 was recorded as follows: VOTING YES: LOVELESS, JOHN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: COFFMAN. Resolution declared adopted, reading as follows:
 

OLD BUSINESS
R56-02     Authorizing a pole attachment agreement with Boone Electric Cooperative.
    The resolution was read by the Clerk.
    Mr. Beck noted that this had been tabled from the last meeting so that Mr. Malon could speak with Boone Electric representatives about the Council's concerns.
    Mr. Malon explained Boone Electric's response to be that they had hoped to formalize the agreement as had been presented, but they really did not want to go any further than that. They were hopeful the Council would accept the agreement as is, and if not, they asked to withdraw the request.
    Mr. Loveless thought the issue raised at the previous meeting was whether Boone Electric would be amenable to burying their lines if an opportunity arose for the City to begin such a project. Mr. Malon indicated that was what was presented to Boone Electric. Mr. Loveless commented that if the Council approves this agreement, and at some point in the future decides to bury City lines, the poles would have to be left up for Boone Electric's lines.
    The vote on R56-02 was recorded as follows: VOTING YES: NO ONE. VOTING NO: LOVELESS, JOHN, HINDMAN, CRAYTON, JANKU, HUTTON. ABSENT: COFFMAN. Resolution defeated.
 

B76-02     Amending Ordinance No. 13130 to change the assessment rate and amount of tax bill for property
                 previously assessed for improvements to Chapel Hill Road.
    The bill was given second reading by the Clerk.
    Mr. Beck indicated per City policy, the tax bill rate assessed to the property owner would change if they were allowed direct driveway access onto Chapel Hill.
    Mr. Patterson explained that staff tried to discourage the entrance onto the street at this location, but by paying the additional tax bill the property owner has the right to this access. He said the ordinance has to be amended because it prohibited the access point. Mr. Patterson noted their primary access is inside the subdivision.
    Mr. Janku pointed out the driveway would be located on a steep hill. He wondered if the Council could deny the request.
    Mr. John asked if the policy prohibiting connection to collector and arterial streets in R-1 and R-2 lots did not apply in this situation. In other words, if the property was platted today, whether access to Chapel Hill would be denied. Mr. Patterson agreed with that statement.
    Mr. Boeckmann thought it was reasonable for a city to deny access to a road like Chapel Hill Road when there is access to the property from another street. By exercising the tax billing authority, he said the applicant made a choice to give up the access.
    Mr. Beck assumed a permit had not been issued. Mr. Patterson said it had not.
    B76-02 was given third reading with the vote recorded as follows: VOTING YES: NO ONE. VOTING NO: LOVELESS, JOHN, HINDMAN, CRAYTON, JANKU, HUTTON. ABSENT: COFFMAN. Bill defeated.
 

B80-02     Authorizing an agreement with Burns & McDonnell for design of the Scott Boulevard Improvement
                 Project.
    The bill was given second reading by the Clerk.
    During the budget process last year, Mr. Patterson said there had been a discussion about what could be done to expedite the construction and improvement of the remaining portion of Scott Boulevard. He related that $270,000 was budgeted this fiscal year for the engineering of the remaining Scott Boulevard projects. He explained that after interviews, staff recommends that Burns & McDonnell be hired by the City to provide the engineering services -- at least for the concept plan. He noted that the concept plan is extensive to the point that it provides all of the design information necessary to make decisions on final configuration of the road and any utility impacts. Mr. Patterson reported that staff believed Burns & McDonnell has the qualifications for the work and also an understanding and appreciation in regards to the magnitude of utility relocations. He noted this firm is also working with the state on a contract relating to the East Broadway project. Mr. Patterson reported that staff anticipates this being a team effort design involving both the County and the Missouri Department of Transportation.
    Mr. Loveless thanked Mr. Patterson for proceeding so expeditiously on this very important project.
    B80-02 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

B82-02     Authorizing an agreement with Steve Herigon Construction, Inc. in connection with the Vanderveen
                 Crossing Subdivision.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this would formalize a development agreement between the City and the developer. He noted that Providence Road is projected as a major thoroughfare from Vandiver Drive northward. He said it is currently constructed almost to Bear Creek. Mr. Beck reported the City has been setting aside right-of-way as part of the plan to extend Providence Road northward to US 763, and staff has been working with MoDOT as to how that could be handled on the north side. He stated the Vanderveen Subdivision development is presently occurring within the projected right-of-way. This agreement would determine how right-of-way issues will be handled, and how to phase in the construction of the street, etc.
    Bill Crockett, 2608 N. Stadium, encouraged the Council to authorize the agreement. He said it has been in the works for almost a year and he believed everyone could profit by it.
    B82-02 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

B83-02     Authorizing a right of use permit with Thomas E. Atkins, III to allow installation of a flagpole, surface
                 mounted accent lighting, ramp and railing on City right-of-way.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this project is located in the Strollway Centre on Ninth Street.
    Bruce Beckett, an attorney with offices at 111 S. Ninth Street, pointed out that this project has been a major improvement to the area. As part of such, the applicant wishes to replace the existing sidewalk. He said the right of use permit is necessary to allow for the installation of a flagpole, surface mounted accent lighting, and a handicapped accessible ramp and railing to the Tiger Spirit Store on the north end of the Ninth Street side of the building. In order to make the addition architecturally compatible, Mr. Beckett spoke of the plans to provide for iron railings at the other four entrances on Ninth Street. He said a decision has not been made as to whether that will actually occur, but the applicant wanted to reserve the right to do so in order to maintain the compatibility of the entrances.
    Mr. Beck noted that the sidewalk in front of this building was not replaced as part of the Ninth Street project because there was a use of the property underneath the sidewalk at the time. Mr. Beckett interjected that the space has now been filled and a new wall has been built under the front wall of the building. He said the new walk will go on top of it.
    Mayor Hindman commented that this project has enhanced the aesthetic appearance of the downtown area.
    B83-02 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

B86-02     Approving the final plat of The Sycamores, Plat 2, a Replat of Lot 2 of The Sycamores; granting a
                 variance to the Subdivision Regulations regarding sidewalks.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained that this is a previously platted subdivision with the request being to replat Lot 2, which would be divided into two lots. Because this is a proposed subdivision, he said construction of a sidewalk is required along approximately 800 feet of frontage on I-70 Drive Southwest. The applicant is requesting a variance to the sidewalk along the frontage. On a vote of 6-3, the Planning and Zoning Commission recommended denial of the variance. Mr. Dudark noted that an amendment sheet had been prepared that would call for a ten-foot pedestrian easement over the top of a ten-foot utility easement along this frontage, should the variance be approved.
    Mr. Janku thought the variance should be granted with the amendment. At some point in the future if the City decides to install a pedestrian trail or sidewalk, he said the easement will be in place to accommodate that need.
    Jim Lowery, an attorney with offices at 111 S. Ninth, spoke on behalf of the owner of the lot being replatted and his neighbor to the west. He reported the current property owner wishes to sell his property to his neighbor, but the neighbor cannot afford to have both houses. The decision was made to replat the lot, sell off the house, and then the new owner would have additional yard that would go with his existing seven-acre property. Mr. Lowery indicated nothing would change after the replat from the use that occurs today. Using a map, he indicated the location of the property and distributed photos of such. In reference to the policy resolution adopted last fall regarding sidewalks and guidelines to be followed when considering whether a sidewalk variance is appropriate, he said all eight criteria have been met in this case; therefore, there simply is no need for a sidewalk in this location.
    Although the Planning and Zoning Commission voted against the application, Mr. Lowery reported that no hearing was held at the Commission level, nor was the applicant or the engineer able to provide any information whatsoever at that time. He pointed out City staff actually recommends approval of the application. He related that his client has agreed to grant a ten-foot pedestrian easement along the northern border of the property which would occupy the same area as an existing City utility easement. At such time the City finds a need to install a sidewalk, they will have the land needed to do so.
    Mr. Janku made the motion that B86-02 be amended per the amendment sheet. The motion was seconded by Mr. John and approved unanimously by voice vote.
    B86-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

B93-02     Authorizing an agreement with Sustainable Farms & Communities for lease of property at Ash Street
                 and Clinkscales Road.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this involves the lease of approximately five acres at the site of the new community center for a base period of 30 years with three, five year options to extend the lease. The lease amount will still need to be determined by the Council. The lease provides a list of allowable uses, the composition of the Board of Directors, and a 25-hour per month right to use the facility by the City.
    John Clark , 403 N. Ninth, spoke on behalf of Sustainable Farms & Communities (SF&C). He said there are four issues still not resolved. The first dealt with the composition of the Board which, as currently written, provides for one Council appointed member. It was suggested that if that membership was increased to two or three, it would satisfy the requirements for sufficient public input and control. Mr. Clark indicated SF&C was agreeable to that suggestion. The second issue pertained to the dollar amount for the rent of the land. He explained SF&C preferred that the rent remain the same as in the past, but that it begin when Phase 2 is constructed. In reference to the zoning of the tract to be leased by SF&C, Mr. Clark commented the draft lease stipulated the group "shall" apply for zoning -- they preferred the word "may". Regarding the use of the property, SF&C will agree that no more than 30% of the sales at the farmers market will consist of non-agricultural items.
    Dan Kuebler, 2001 Winchester, Chairman of Sustainable Farms & Communities, thanked staff for their dedicated efforts in working with the organization over the past several months. He explained the project to be a cumulative effort of many individuals from the community over the past seven years. Mr. Kuebler related the group is interested in a facility that will not only house a farmers market, but will also be available for many other community events and uses.
    Dennie Durham, 2500 Poplar Hill, explained that she has been with the Sustainable Farms & Communities organization since its foundation. She was also a former vendor of the farmers market and has also worked as an employee as the Promotion Coordinator for two seasons. During her tenure with the market, Ms. Durham indicated she was pleased to have worked closely with a number of organizations within the community. She noted the organization hopes to sustain the market as a place where local food and farms can be promoted.
    Mike McGowan, a farmer in Hallsville, introduced himself as a Board Member of the Sustainable Farms & Communities. He commented the market is a great place to meet people from all different walks of life.
    Jim Williams, 363 Crown Point, another board member of Sustainable Farms & Communities, said this is an opportunity to build an outstanding community center for the citizens of Columbia. He urged the Council to support the issue. He asked everyone present in the audience in support of the agreement to stand. Approximately four dozen people stood in support.
    Guy Clark, 3403 Barberry, board member of Sustainable Farms & Communities and president of the Columbia Farmers Market, urged the Council to approve the proposal. He supported the amendments proposed by John Clark.
    Laura Shop, 700 W. Broadway, said she supported the project being proposed. She appreciates being able to purchase good, wholesome food that is grown by local producers.
    Mary Croning, 2909 Oaklawn, spoke as someone who shops at the market on a regular basis and also as a member of the University of Missouri-Columbia Extension Outreach. She said the market gives farmers an opportunity to sell their own produce and sustain themselves.
    Jenny Scherbecker, a small business owner in town, spoke as a former member of the farmers market. She supported the objectives of the market, but voiced concern about how it will be subsidized. Ms. Scherbecker thought it should be done in such a way so as to be fair for any business person in the Columbia area. Although the market is a not-for-profit organization, she reported they make a fairly good profit. Ms. Scherbecker did not want to see the organization turned into a club.
    Norman Lenhardt, 1118 St. Christopher, maintained it is important to ensure that food products can be obtained locally.
    Galen Chadwick, 929 Jones, Jefferson City, reported that the local item in the supermarket travels an average distance of over 1,300 miles. In 20 years, he said anything and everything that is done to support this venture would be looked upon with great appreciation by the local population. Mr. Chadwick noted that many towns subsidize farmers markets and do not charge them rent or tax because they see it as a benefit to the community.
    Phoenix Conway, 7 Spring Valley Road, believed the pros of this project far outweigh any cons. She thought the City would benefit by supporting the request.
    Guy Clark, 3403 Barberry, in reference to the person who said she had been a former member of the market, he stated this person was expelled from the market for selling items they did not produce (Jenny Scherbecker). However, this is a prime example of what a farmers market can do in that it incubates a small business and allows the owner to then open their own business.
    The Council discussed the "may" versus "shall" wording. It was understood that zoning issues would apply even though the market would be located on City property. Mr. Boeckmann noted the group would have to apply for C-P zoning.
    Mr. Clark was asked about the number of board members for the Sustainable Farms & Communities. He responded that there are currently six members of the Board of Directors, but if this lease agreement is approved, the group expects the Council to appoint two new members. Mr. John asked about the language for more than ten members. Mr. Clark replied they understood the Council's feeling the board should have a maximum limit. The original suggestion was that the Council appointees should be two out of seven; however, if the Board is increased to 15 members, the Council could appoint a total of three members.
    The Council discussed the issue that 30% of the sales at the farmers market will consist of non-agricultural items. Mr. Janku believed the amendment clarifies that agricultural products considered non-food items are not counted as part of the 30%. Mr. Hutton asked how the 30% would be enforced. Mr. Clark explained with the percentage arrangement, every market section will fill out a sheet and it will have those kinds of numbers on them. He said this information will be sent to the City periodically. Mr. Clark noted that staff suggested the method.
    Regarding interim use of the existing site, Mr. Hutton did not see a lease amount for that time period (from now until construction begins). Mr. Loveless thought the rent should be graduated at about the same rate the group is paying now, on a per acre basis of what they use. When Phase 1 is complete, the rent should increase to reflect the increased value of the operation. As they move onto the second phase, he suggested yet another increase. Mr. Hutton agreed with the concept of the rent remaining the same for the interim use. He thought the rent should increase when the group starts using the entire site. Mr. John believed the market's operations would be adding the value and that the ground value would basically remain the same. He agreed with Mr. Hutton's suggestion. Mr. Loveless was concerned that the organization would not have the income to pay the City because they would not have generated it at that point. Mr. John said he could go along with that. Mayor Hindman thought that seemed fair.
    Mr. Loveless was not comfortable with the percentage of stalls that may be dedicated to non-agricultural items. He preferred 25% versus 30%.
    Mayor Hindman noted that markets he has visited around the country have had a fairly significant portion that is non-agricultural. He thought that only added to the interest of the enterprise. He did not see a big different between 25 and 30%. Mr. John's suggestion was 10% as some vendors would be selling both food and non-agricultural items, so theoretically over 50% of the sales could be for non-agricultural products.
    Mr. Clark explained one of the goals of having a permanent market will allow sales to continue early and later in the season when there will be less agricultural produce available. The 30% figure permits other kinds of stalls to continue operating. During the height of the season, Mr. Clark thought the 30% restriction would adequately control what the Council is talking about.
    Mayor Hindman asked if non-agricultural products could be purchased from third parties. Mr. Clark replied that would not be the case as this is exclusively a producer's market -- there are no middlemen.
    Mr. Janku asked about numerous stalls being operated by one vendor. Mr. Clark explained that the traditional rule is that there is a maximum of three stalls per vendor, which is the way they have operated to date.
    Mr. John noted that parking was not mentioned in either phase of the project. Mr. Clark verified that all site development must be completed in Phase 1.
    Mr. John had concerns about the uses other than for the farmers market and who would be programming the facility when it is not being used as a market. He remembered initially that the City wanted to control the uses. He wondered if the ground lease should include some extra reimbursement when the organization rents the facility out to other groups. Mr. Hutton thought part of the answer was how the rent portion of the lease is finally decided upon. Currently, the group only pays on a per month basis during its actual operation. The current proposal stipulates an annual payment, so essentially the group would lease the site for a year, not just for the seven or eight months it is used. Mr. John thought the discussion has been that the City should base rent on the amount of square footage they are paying now - not the amount of square footage they are paying for now divided by seven times 12 months. Mr. Hutton understood that, but he was just pointing out that is how the lease reads.
    There was a discussion about the different uses and licensing for such. Mr. Janku expressed concern about the facility being used for wedding receptions and family reunions, etc. He did not think alcohol should be served so near to the adjacent school or Community Recreation Center.
    Mr. Loveless asked if he remembered correctly that the Parks and Recreation Department did not want the responsibility for programming the center when it was not being used for market purposes. Mr. Hood believed it was decided that this issue should be left to the discretion of the Council, but it would be very easy for his department to become involved in the programming and scheduling. It was noted that the kind of programs that would be scheduled by the Parks and Recreation Department would depend on the times the facility is available. Assuming the farmers market will operate on weekends from early April until October or November, Mr. Hood indicated their ability to offer any type of multiple day events such as festivals would be limited. However, the potential to maybe program on a Sunday afternoon or Friday evening exists. During the summer months, he thought the possibility for some weekday youth programs exists as well. In staff's discussions with the group, Mr. Hood noted they are very concerned about creating a revenue stream for their operations.
    Mr. Hutton asked Mr. Clark how he saw the scheduling being done. He asked if one person would be in charge of it, or whether that would be the responsibility of the Board. Mr. Clark responded a director and scheduler would be hired to handle the facility's programming.
    Mr. John commented that he was still not comfortable with the language stipulating that licenses would only be required for vendors using stalls. He was concerned about other licensing activities later on. Mr. Boeckmann said he and Mr. Clark could work out some language that would address his concerns. Mr. Clark thought the language clearly had nothing to do with naming rights. He noted a paragraph within the lease that the naming of the facility would have to be mutually agreed upon by both the City and SF&C.
    Mayor Hindman thought there was some concern about the facility separating itself from public control. Mr. Clark replied that even though this facility would be turned over to a closed society, it would still be subject to a variety of controls, not only from state law, but from Internal Revenue codes as well as appointees on the Board.
    Mayor Hindman summarized troubled areas as follows: 30% issue for non-agricultural items, rent, the wording of "may" versus "shall", the non-farmers market uses, interim use and cost of same, parking, and Board membership.
    Mr. Loveless made the motion that B93-02 be amended to reflect $2,100 per year in rent until construction of Phase 1 is completed. After that period, the rent will be $4,520 annually. The motion was seconded by Mr. John and approved unanimously by voice vote.
    Mayor Hindman made the motion that B93-02 be further amended to read that the Council shall have the power to appoint at least two board members to a term of office regardless of the size of the Board. If the size of the Board is increased to ten or more members (but no more than 15), including the Council-appointed members, the Council shall have the power to appoint one additional member to a term of office. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    Mr. Janku anticipated the appointments would be made publicly just as other Boards and Commissions are handled.
    Mr. Loveless made the motion that B93-02 be amended to read no more than 25% of the stalls in operation for a given farmers market session shall be non-agricultural stalls. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. John made the motion that Exhibit B be amended to include all site improvements and parking to be completed during Phase 1. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    Mr. Janku made the motion that B93-02 be amended to change the word "shall" to "may" (regarding the rezoning request). The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    Mr. Janku made the motion to further amend B93-02 in regards to use of the facility by striking the last bullet relating to non-commercial recreational gatherings such as family reunions, wedding receptions and similar events, and adding a new bullet to read, "Other activities specifically approved by resolution or ordinance of the City Council."
    Mr. Hutton asked if the last bullet referred to approving each use on a case by case basis, or whether the entire lease would have to be amended each time. Mr. Janku thought it could be both. He anticipated the group would come back with a broader list of uses that might be permissible under certain conditions, at which time the lease could be amended.
    The motion made by Mr. Janku, was seconded by Mr. Loveless and approved unanimously by voice vote.
    Mr. John made the motion that 10% of any revenue received by Sustainable Farms & Communities for the activities listed in Section B, Community Center, would come back to the City as an increase in rent. The motion died for the lack of a second.
    B93-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

B94-02     Authorizing an agreement with Columbia Farmers Market, Inc. to operate a farmers market on the
                 parking lot at 1005 West Worley Street.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this would authorize the use of the former Nowell's parking lot on Worley Street to be used for the Columbia Farmers Market 2002 season. The rent is the same as what was paid at the old fairgrounds.
    Guy Clark, President of the Farmers Market, thanked staff and Council for working with the group on this agreement.
    B94-02 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
 

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

B73-02     Calling for bids for the reconstruction of Third Avenue from Garth Avenue to Providence Road.
B74-02     Calling for bids for construction of storm drainage improvements in the Bicknell-Walnut Streets area.
B75-02     Calling for bids for the construction of the H-21 Extension and H-21D Sewer serving the Evergreen
                 Acres Subdivision.
B77-02     Appropriating FTA Grant funds.
B78-01     Authorizing acquisition of easements necessary to construct the Hardin-Donnelly Phase II Drainage
                 Improvement Project.
B81-02     Authorizing an interconnection agreement with Boone County Regional Sewer District RE: to service to
                 Waters Edge Estates Block IV, Edgewater Condominiums and Edgewater Condominiums II.
B84-02     Accepting grants of easements for utility purposes.
B85-02     Approving the final plat of Thornbrook, Plat 7.
B87-02     Vacating all street rights-of-way and easements within Greenhaven Subdivision; abrogating the final
                 plat of Greenhaven Subdivision; accepting a grant of easement for utility purposes.
B95-02     Accepting a grant from the Missouri Humanities Council for support of the Community Study Circles
                 Program; appropriating funds.
B96-02     Appropriating donated funds for the Mayor's Council on Physical Fitness and Health.
R65-02     Authorizing an amendment to the agreement with the Missouri Department of Health for HIV
                 prevention services.
R66-02     Authorizing an agreement with the University of Missouri School of Nursing to provide health clinic
                 experience for nursing students.
R67-02     Amending the agreement with the Callaway County Tourism Board for the lease of space at the Heart
                 of American Visitor Center.
R68-02     Authorizing a mutual aid agreement with Missouri Association of Municipal Utilities.
R69-02     Authorizing an Emergency Energy Service Agreement with Illinois Power Company.

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

NEW BUSINESS
R70-02     Authorizing an agreement with U. S. Bank for procurement card services.
    The resolution was read by the Clerk.
    Mr. Beck explained that this program was designed to streamline the purchase of small dollar items at major stores in town. He indicated many businesses no longer accept purchase orders.
    Mr. Loveless commented that the State has gone to this sort of system over the past few years. He said it has made the purchase of small items much easier and he believed implementation of this program is a good move on the City's part.
    Mr. Hutton asked if there is a cap on the dollar amount of purchases. Ms. Fleming replied that there is a per transaction cap and per month cap that will be set by each department head for different card holders.
    The vote on R70-02 was recorded as follows: VOTING YES: LOVELESS, JOHN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: COFFMAN. Resolution declared adopted, reading as follows:
 

R71-02     Authorizing Amendment No. 1 to the contract with R. W. Beck for evaluation of the distributed
                 generation service project.
    The resolution was read by the Clerk.
    Mr. Beck explained this to be an addendum to an existing contract. He said staff appreciates Shelter working with the City on this pilot project.
    The vote on R71-02 was recorded as follows: VOTING YES: LOVELESS, JOHN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: COFFMAN. Resolution declared adopted, reading as follows:
 

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

B97-02     Amending the agreement for the Public Safety Joint Communications System.
B98-02     Amending Chapter 14 of the Code to make Buttonwood Drive, south of Nifong Boulevard, a two-way
                 street.
B99-02     Amending Chapter 14 of the Code to prohibit parking on both sides of Peach 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.
B103-02   Calling for bids for the construction of a right turn lane at the southwest corner of Providence and
                 Broadway.
B104-02   Approving Change Order No. Six; approving the engineer's final report for the Wetland Treatment
                 Unit #4 Project.
B105-02   Approving the final plat of Dell Jones, Plat 1.
B106-02   Approving the final plat of Thornbrook, Plat No. 8.
B107-02   Approving the final plat of Vanderveen Crossing, Plat No. 7.
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.
B109-02   Amending Chapter 29 of the Code regarding parking regulations.
B110-02   Rezoning property located on the southwest corner of the intersection of Ripley Street and Pratt Street
                 from R-3 to O-P.
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.
B113-02   Appropriating funds for the purchase of police and canine equipment.
B114-02   Accepting easements for utility purposes.
 

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

(B)     Street closure requests.
    Mr. Loveless made the motion that the requests be approved as submitted. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
 

(C)     TDD (US 63/Vandiver).
    Mr. Beck noted that the Council has already had several work sessions on this subject, and questions were raised pertaining to a possible real estate tax and what should be recovered. He said Mr. Watkins has worked with the attorney and they jointly met with the developer on the concept that the goal would be to recover costs for those over and above what would normally be included in a development project such as the interchange cost, but not necessarily interior streets or some of the connecting streets. The costs to the developer would be in his land costs and, therefore, in the lot base and building costs to recover in the lease of the property itself. The sales tax would then be collected for the project. Mr. Beck reported the memo explains the payback and how it would be prioritized. If the Council is agreeable to what has been outlined, he said a motion would be in order directing staff to proceed with the preparation and submittal of a municipal agreement with Centerstate for a TDD area.
    Mr. Janku indicated he had asked that the pedestrian/bicycle issues he previously raised be addressed in a timely manner consistent with the future phases of development. In addition, he noted there has been no discussion relating to landscaping issues. Mr. Janku thought a plan needed to be developed and somehow incorporated into the funding mechanism. Mr. Beck believed those issues could be addressed in the agreement itself. Mr. Janku wanted to ensure the City would not be limited by the TDD's consent if we ever pursue a connection of Vandiver and the interchange to Mexico Gravel Road prior to the time the future phase is initiated. Mr. Beck agreed that should be clarified - the City needs to have the right to build a road if we think it is needed. However, he thought the City would have to confer with the development district.
    Mr. Hutton noted the proposal also refers to the dedication of right-of-way. If the City decides to proceed with the project, the TDD not withstanding, he thought we would still expect them to dedicate the right-of-way. Mr. Beck believed current policies would still apply.
    In reference to repayment, Mr. Hutton asked what would happen if not enough sales tax is collected. Mr. Beck said a series of TDD Notes will be issued by the district, and these are guaranteed by the developer -- it would not come back to the City. Mr. Hutton was concerned about public appearance and public relations as to how the City would be affected should a default occur. Mr. Watkins responded that a number of districts has taken a subordinated mortgage on the developer's buildings. He said whoever buys the bonds is well protected, and it is not the City's responsibility, morally or legally, to make the bonds good.
    Mr. Janku made the motion that staff be directed to proceed with preparation, including the points brought up for change during the discussion. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
 

(D)     Potential Sanitary Sewer District in the Fir Place/Lakeview Avenue Area.
    Mr. Hutton asked when the property owners would be contacted. Mr. Beck replied that after it is determined what the square footage cost would be, a meeting will be held with the property owners to outline the preliminary cost estimates and to explain the process and answer any questions they may have.
    Mr. Janku made the motion that the staff be directed to proceed. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
 

(E)     Request for City to Grant a Road Easement.
    Mr. Beck noted that if the City provided the easement, the owner would provide the City with a 50-foot greenbelt easement along the north edge of Hinkson Creek, east of Rogers Road, and request annexation to the City on the remainder of their property, as well as providing the City with a 60-foot wide railroad easement in a location to be determined by the requirements of future users.
    If the City will be obtaining a railroad easement, Mr. Hutton asked if the terminology of the easement should include the trail. Mr. Malon explained that the land is behind the Bolstad Substation and this would give us room for expansion of the Substation.
    Mr. Hutton asked where the railroad easement would be. Mr. Malon said it would be farther up on the property and extend across it. It was verified that it would probably be a spur line.
    Mr. Janku asked what the greenbelt easement would be. The reply was that it would be a trail easement.
    Mr. Hutton made the motion that the staff be directed to proceed. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
 

(F)     Progress Report - Use of Building Adjacent to Field Neighborhood Park.
    Report accepted.
 

(G)     Trail ln Railroad Right-of-Way.
    Report accepted.
 

(H)     Request by Planning and Zoning Commission to work jointly with the County's Planning Commission on a
           Land Use/Watershed Planning Process in the Gans Creek Drainage Area.
    Mr. Dudark explained that the Commission would like to meet with the Council at a work session to discuss the issue before proceeding with it.
    Mr. John commented that he would like staff to come back with some objectives of the joint meetings so the Council could direct them from that point. It was decided the Commission would be invited to a Council work session to discuss their objectives.
    Report accepted.
 

BOARDS AND COMMISSIONS
    After receiving the majority vote of the Council, the following individuals were appointed to the following Board and Commission:

CULTURAL AFFAIRS COMMISSION
Cristal, Scott, 10650 W. Kings Lane, County - term to expire 4/1/05 (business)
Griggs, David R., 6420 Highway VV, County - term to expire 4/1/05 (business)
Smriga, William G., 2506 Springdale - Ward 3 - term to expire 4/1/05 (layperson)
Stevens, Christopher M., 1008 Sunset - SBD - term to expire 4/1/05 (business)

BOARD OF HEALTH
Rose, Thomas D., 1008 Royal Birkdale - Ward 5 - term to expire 8/31/04

STORM WATER TASK FORCE
Barrow, Jeff
Bindbeutel, Joe
Cady, Chris
Cheavens, Paul
Coats, Sara
Digges, Marjorie
Eisentrager, Robert
Griggs, David
Grossman, Larry
Land, Paul
Laun, Charles
Londeree, Ben
Moore, Larry
Riback, Marty
Rogers, David
Walters, Bob
Watts, Patti
Zeveig, Leanna Dawn
 

COMMENTS OF COUNCIL, STAFF AND PUBLIC
    Mr. John commented that although an attempt had been made to balance the appointments to the Storm Water Task Force, he felt it was heavily balanced towards a non-development group of people. Mayor Hindman commented that he and Commissioner Miller had worked very hard at trying to balance the membership.
    Mr. Coffman noted a neighborhood discussion relating to the traffic light at Audubon and Stadium. He indicated some residents believe the light has not been coordinated correctly. Mr. Coffman asked about the possibility of a second left turn. He further stated that residents are also concerned about the speed on Stadium from this intersection to Old 63. Mr. Patterson responded that his department had not received any complaints, but staff would contact MoDOT and relay the concerns.
    Ms. Crayton mentioned Boone Works and the training they do with the youth in the community. She asked for a list of licensed contractors so they could be contacted and asked about their possible participation in this program.
    Ms. Crayton noted that her annual neighborhood spring clean-up will begin soon. She invited people to join in this project.
    Mr. Janku commented that the last time he was on KFRU he had received a question regarding the signalization on Providence, particularly for the southbound traffic. The comment had been that the lights are out of sync as one travels south.
    Mr. Janku said he had received an inquiry from the Bicycle/Pedestrian Commission relative to forwarding reports to the Council. He asked for a report as to the best mechanism for doing such.
    During budget discussions last year, Mr. Janku said the Council talked about directional signs. He thought they asked for a report so they could consider it as they move forward with this year's budget. Mr. Beck responded he would be meeting with the Special Business District soon and he would talk to them about it.
    Mr. Janku attended a neighborhood meeting where a concern had been voiced about boarded-up buildings and the effectiveness of City ordinances.
    Mr. Janku made the motion that staff be directed to see what Springfield has adopted along those lines to see if there are any improvements that could be made to our ordinance. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    Mr. Loveless received a call from a King's Meadow resident regarding the deterioration of streets in the subdivision. He asked that staff check into it.
    Mayor Hindman asked about the progress of island landscaping on Stadium and Broadway. Mr. Beck explained that the City has been denied on both their requests for grants. He noted the City budgeted some money for landscaping, but MoDOT has a problem with one of the islands on West Broadway and Stadium. Mr. Patterson further explained that plans had been sent in and have been reviewed by MoDOT and returned with comments. He stated staff is in the process of responding to those comments to make certain there is an understanding of what the requirements will be. He said a report would be coming back to the Council. Mayor Hindman said he would like to see one or two islands landscaped this year, and he would also like to see some landscaping along Route B and the railroad right-of-way.
    Public comments were called for with none received.
    Mr. Janku made the motion that the Council adjourn to a closed meeting in the Fourth Floor Conference Room immediately following the regular meeting to discuss litigation matters. The motion was seconded by Mr. Hutton with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Motion passed.
    The meeting adjourned at 11:40 p.m.

                                                                                                Respectfully submitted,

                                                                                                Penny St. Romaine
                                                                                                City Clerk