M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
MARCH 17, 2003
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, March 17, 2003, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN and COFFMAN were present. The City Manager, City Counselor, City Clerk and various Department Heads were also present.
 

APPROVAL OF MINUTES
    The minutes of the regular meeting of March 3, 2003, were approved unanimously by voice vote on a motion by Mr. Hutton and a second by Mr. Janku.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mayor Hindman noted that Report I would be added under Reports and Petitions; and because of a request to table, R59-03 would be moved under Special Items.
    The agenda, as amended, including the Consent Agenda, was approved unanimously on a motion made by Mayor Hindman and a second by Mr. Janku.
 

SPECIAL ITEMS
Presentation of Distinguished Budget Award.
    Mayor Hindman presented the Distinguished Budget Award to Lori Fleming, the Finance Director. Ms. Fleming explained that the City Manager should receive the award as it is his budget. She thanked the staff for their support. Mayor Hindman also presented Mr. Beck with a certificate of recognition for budget preparation from the Government Finance Association of the United States and Canada. Mr. Beck commented that the City has been able to keep the budget intact with a lot of controls and good work on the part of the various departments.
 

R59-03     Approving the Preliminary Plat of Miles Manor Block 3; granting variances to the Subdivision Regulations.
    The resolution was read by the Clerk.
    Mayor Hindman explained that a letter was received late today from the attorney for the developer, the proponent, asking that the item be tabled.
    Mayor Hindman made the motion that R59-03 be tabled to the April 7, 2003, Council meeting. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
 

SCHEDULED PUBLIC COMMENTS
    None.
 

PUBLIC HEARINGS
B74-03     Voluntary annexation of property located on the west side of State Route 763, south of Brown School Road; establishing permanent zoning.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this approximate nine acre tract has been divided into two lots. The applicant has requested permanent R-1 zoning on the one acre lot and C-3 for the remaining eight acres. Both the staff and Commission recommend approval.
    Mayor Hindman opened the public hearing.
    Chris Burnam, offices at 2407 Rangeline, explained that he is a developer with no connection to this property. However, he indicated that he has a vested interest in what is going on in northern Columbia. For the last several years, Mr. Burnam believed the north side of Columbia was finally starting to take off and develop in a positive way. He asked the Council to not annex this property with open zoning. He noted there will be further development along the Rangeline corridor and controlled zoning would be most appropriate for this area. Mr. Burnam had no opinion, pro or con, on this particular site, but he felt that annexing property in this area with open zoning would be a horrible mistake.
    Robert Kaneed, a northern Boone County resident, voiced his opposition to open zoning. He spoke of the positive aspects of the Vanderveen development.
    Mayor Hindman closed the public hearing.
    Mr. Janku asked about the zoning along 763. Mr. Dudark replied the zoning adjacent to the tract in question is C-3 and M-1. He pointed out that the existing zoning on all sides of this property is either open commercial zoning or light residential. Mr. Janku inquired if the commercial development in Vanderveen is zoned C-3. Mr. Dudark believed that to be so. Mr. Janku questioned whether the property across the street from this tract had recently been rezoned to C-P. Mr. Dudark replied that it had been an M-C commercial zone and the applicant requested C-P. Mr. Janku thought the property at Brown School Road had been annexed with C-P zoning. Mr. Dudark responded that it was and that it had been the request of the applicant. Mr. Janku asked if the applicant would be willing to accept a C-P designation with uses being limited to the property's current use. Mr. Dudark could not answer that question. Because the applicant was not present, Mr. Janku suggested tabling the issue and asked that staff contact the applicant to see if the property owner would consider the possibility of a C-P zone.
    Mayor Hindman agreed and suggested the Council work on a policy regarding annexing property coming in as C-P.
    Mr. Janku made the motion that B74-03 be tabled to the April 7, 2003, Council meeting, and that staff be directed to contact the applicant to see if they would be willing to consider C-P zoning with uses consistent with what they currently have. The motion was seconded by Mr. Loveless and passed unanimously by voice vote.
 

B75-03     Rezoning property located on the west side of Ballenger Lane, approximately 150 feet south of timber Lane from A-1 to R-1.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained the adjacent zoning to be R-1 and R-2. The recommendation is for approval of the request.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B75-03 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B76-03     Amending Chapter 29 of the Code relating to the Urban Conservation Overlay Zoning District.
B77-03 Establishing an Urban Conservation Overlay Zoning District within the East Campus Neighborhood.
    Both bills were given second reading by the Clerk so they could be discussed together.
    Mr. Dudark explained that the first bill would make a change in the enabling legislation for urban conservation districts. The modification would provide for amendments by either the City Council or a petition submitted by 50% of the property owners within a district unless specified otherwise in the particular designating ordinance. Mr. Dudark noted the second ordinance provides otherwise as it has a section that allows an amendment by either a petition of 50% of the landowners or by committee which is established by the Council consisting of seven representatives from owner/occupants of property in the area, and seven owners of rental or income-type property.
    Mr. Dudark reviewed the proposed East Campus overlay district ordinance. He noted that some uses and zoning districts will be exempt from the overlay. Mr. Dudark pointed out that R-3 zoned properties used as single family residences could not be converted to rooming or boarding houses beginning 30 months after adoption of the ordinance. He indicated that a structure which is taller than 35 feet could be reconstructed at its current height plus three feet as long as the number of stories is not changed. The overlay district would require that at least 75% of roof pitch on newly constructed non-accessory structures be a 4/12 pitch or greater. Mr. Dudark also noted changes with regard to replacement windows on the street-facing side of a structure would have to reasonably match the appearance of the remaining windows. The district would prohibit the placement of dumpsters in front yards. He indicated there would be some provisions to offer incentives for converting existing rooming houses within an R-3 zoned area to duplex or apartment units to provide a more desirable tenant mix.
    Mayor Hindman opened the public hearing on both bills and explained they would be discussed together, but voted on separately.
    Bonnie Bourne, 1506 University, Chair of the East Campus Urban Overlay Committee, spoke in support of both bills. She noted the exception in the first bill was very important to the group because they felt consensus was a very good way to handle opposite opinions. Ms. Bourne reported that the group met twice monthly for two years to establish guidelines for an East Campus overlay district. She said the process had been very open and that there were six overall reasons for the effort; to capitalize on revitalization potential, to stop deterioration, to enhance the historic district, to maintain neighborhood charm and character, to enhance property values of all owners, and to protect and ensure the quality of life.
    Janet Hammen, 1416 Wilson, Chair of the East Campus Neighborhood Association, commented that the group has worked out a compromise that they think will help preserve the historic streetscape of East Campus and allow properties to be improved. She urged the Council to approve the overlay district.
    Skip Walther, an attorney with offices at 700 E. Cherry, spoke on behalf of the East Campus Property Owners Association (absentee landlords). He asked for Council support of the overlay district as well as the enabling ordinance. Mr. Walther reported the amendment to the enabling ordinance would have a very beneficial affect for the Property Owners Association as well as the East Campus Neighborhood Association. They believed the amendment would guarantee the same level of cooperation and participation by both groups to any proposed change to the overlay district.
    Ben Orzeske, 507 High, a resident and landlord of East Campus as well as a committee member working on the development of the ordinance. He said the ordinance being considered tonight has very little in common with the Benton-Stephens district as it had been tailored exclusively for their neighborhood. He reiterated that all points had been reached by consensus.
    Donna Shriver, 405 Blair, explained the house she purchased 15 years ago is located one block from the MU Campus. She stated that many East Campus residents have put a lot of sweat equity in their properties and have improved the area quite a bit over the past several years.
    Austin Hake, 2407 Lubbock, an MU student, asked the Council to support the East Campus overlay district because it would preserve historic homes and raise the quality of living for everyone.
    A.J. McRoberts, 1407 Bouchelle, asked the Council to support their worthwhile efforts.
    Matt Harline, 301 McNab, commented that the East Campus neighborhood has always had a mix of residential uses. He noted that is why it was established as the first and only residential historic district in the City. Mr. Harline indicated work on the proposed ordinance has been a unique effort with both sides coming together, whereas in the past there have been opposing sides and contentious results.
    Dan Simon, manager of rental property in the East Campus neighborhood on Anthony and Ann, spoke in opposition of the ordinance because he felt it was taking away property rights from landowners. He believed the size of the district to be excessive. Mr. Simon reported that his properties on Anthony and Ann are adjacent to the hospital and the neighboring structures are apartment buildings. He did not think much time was spent trying to exclude any properties from the district. Mr. Simon stated that he had not participated in any of the proceedings.
    Mr. Coffman asked if there was a specific provision in the overlay district Mr. Simon was opposing. Mr. Simon said he was not that familiar with the specific provisions, but he noted that the flat roof on his Ann Street property would no longer be permitted should the property be destroyed by fire or other natural disaster. If the property burns down, he was hopeful the insurance would cover the rebuilding costs imposed by the proposed ordinance. Mr. Simon indicated that his general objection is to the size of the district.
    Mark Stevenson, offices at Broadway and Fourth, spoke of past instances wherein the East Campus Neighborhood Association had discouraged landlords from speaking and participating in the organization. In this case, after much discussion, landlords were allowed to participate in the process. Mr. Stevenson reported that in the last two years, the groups have grown in trust and respect for their similarities and dissimilarities. He spoke in support of both bills saying they represent the ultimate compromise and best efforts of many individuals.
    Cynthia Barnes, 507 High, noted that a number of people who have spoken in support of the overlay district this evening also manage or own other property in East Campus. She is proud to be an East Campus landlord and urged the Council to support the district to protect their quality of life and property values. Ms. Barnes asked people present in support of the ordinance to stand. Approximately two dozen people stood.
    Laurie Hines, 1608 Wilson, explained that she came to the neighborhood as a student 21 years ago. She was welcomed as a student -- so welcome that she bought a house in the neighborhood and has stayed there. In spite of what may be folklore about the neighborhood not welcoming students, Ms. Hines was quite welcomed and encouraged to buy a home.
    Mayor Hindman closed the public hearing.
    Mr. Coffman reported that he too moved to the East Campus neighborhood as a student twenty years ago and he still lives there. He noted that most people live in this area because they enjoy the rich diversity it offers. Mr. Coffman commended everyone who worked on the document and said the process that led up to it may have had a more positive impact on the neighborhood than its passage.
    Mr. John commented that he had been Chair of the Planning and Zoning Commission when the overlay ordinance was initially debated and voted on. He said the most debate was over how an overlay district could be amended once it was established. Mr. John expressed concern about the ability of this or future Councils to amend the enabling ordinance. He also spoke about the process of initiating an overlay district. Mr. John was hopeful in the future that residents could vote by secret ballot so they would not be afraid of being blasted in a meeting because they might have a different opinion. He also supported the 50% requirement. Mr. John pointed out that it is not really known how many property owners support this overlay district, the Council only knows that a small group met regularly and were willing to compromise on the document.
    B76-03 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
    B77-03 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, COFFMAN. VOTING NO: JOHN. Bill declared enacted, reading as follows:
 

B83-03     Authorizing construction of the Downtown Improvement Project.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the current budget includes $95,000 to begin implementation of Phase I of the overall downtown improvement master plan. The first phase provides for the installation of new benches, trash receptacles, bicycle racks and the design of a downtown signage system. The Parks and Recreation Department, working with Public Works and the Special Business District Board, have developed a plan for the renovation and beautification work in the downtown area.
    Mayor Hindman opened the public hearing.
    Jack Waters, 712 Westridge, member of the Special Business District Board, spoke in favor of the improvements before the Council. He noted that the bike racks are still under review. Mr. Waters commented that everything has a useful life and he thought it was time to consider replacement of the listed items. He noted that this construction process represents the genesis of a larger project -- the beautification efforts for the entire downtown area.
    Mr. John suggested that the group establish a maintenance fund so that future replacement of the various amenities could be made on a regular basis as needed rather than all at once.
    Leela Leeland, 1201 Paquin, commented that she did not like the benches at Flatbranch Park. She found them to be very uncomfortable. She recommended benches like the ones in Peace Park.
    Mr. Beck remarked that he received a call today in opposition to the replacement of benches.
    Skip Walther, Chair of the Special Business District Board of Directors, emphasized how important it is for the downtown group as a whole to have the support of the Council for this capital outlay. He reported that much of the funding going into this project from the SBD has been money they have accumulated over the course of several years. He said they have committed to spending all of this money. In order to fully fund the project as they envision it, Mr. Walther indicated the SBD will be required to seriously consider raising the property tax rate that all downtown property owners pay. He commented the Board hopes to advance the idea and gain the consensus of downtown property owners. If that occurs, the SBD will ask for Council support of a levy increase as part of next year's budget process. Mr. Walther noted that the Board recognizes the importance of funding to replace, repair and maintain the various amenities. Because of the scope of the project, he said it would be difficult, but they would do their best.
    Mayor Hindman closed the public hearing.
    B83-03 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

R62-03     Approving the 2002 CDBG and HOME Performance report.
    The resolution was read by the Clerk.
    Mr. Beck explained that this report summarizes all of the City's 2002 CDBG and HOME expenditures. This public hearing is a HUD requirement.
    Mr. Janku pointed out the report notes the high cost of rent in Columbia being a challenge and burden to low income residents. He asked if there was any possibility of working with a developer on projects similar to Hanover Gardens. Mr. Dudark noted that particular project involved a considerable amount of tax credits. He related that the City can provide some funds, but a developer must show interest in such a project. Mr. Dudark indicated that staff does solicit for those kinds of projects periodically. Mr. Janku wondered if something could be put together to encourage interest in such a project. Mr. Dudark thought that could occur, but reiterated that an interested developer would have to come forward.
    Ms. Crayton pointed out that most people who receive citations for nuisance violations in her ward have been senior citizens. She asked if there was some way to assist the Council on Aging or come up with another solution to help the seniors. Mr. Dudark replied funding from that program applies to properties where federal monies cannot be used. He gave examples of this funding being used for the Worley Street Project, area clean-ups and dumpster rentals. Mr. Beck thought there was money set aside that could be made available after staff reviewed individual situations. Mr. Dudark explained that the first $500 in funding is a grant and does not have to be repaid. He noted that eight people were helped under that program last year and the Council on Aging helped another eleven, all of whom were elderly. Ms. Crayton commented that citations should be issued to landlords, not to the elderly. Mr. Dudark thought people were becoming more aware of the program.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    The vote on R62-03 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

(A)     Voluntary annexation of property located on the south side of Vawter School Road, approximately 1,750 feet east of Scott Boulevard.
    Item A was read by the Clerk.
    Mr. Beck explained this tract consists of 10.9 acres. The applicant wants to connect to the City sewer and, therefore, is requesting annexation. Mr. Beck noted the request for permanent R-1 zoning. Staff supports this application.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
 

(B)     Construction of MC-6 trunk sewer extension - Cascades Subdivision.
    Item B was read by the Clerk.
    Mr. Patterson explained that this is one of the City's 80-acre point sewer lines petitioned by the developer for the specific purpose of serving a large residential subdivision. The project will consist of installing a 15-inch, 2,400 foot sewer line. The estimated cost is $175,000 which will be paid from the sewer utility funds for small trunk sewers in accordance with City policy. Mr. Patterson pointed out that the line is designed to handle all drainage, not only the gravity flow area of the basin, but is sized to accommodate the pump station for the entire development south of the ridge line and some additional property. Staff has tried to ensure the size of the line will be adequate for future growth.
    Mayor Hindman opened the public hearing.
    Bill Crockett, an engineer with offices at 2608 N. Stadium, spoke on behalf of the developers of The Cascade area, a 350 lot subdivision located at Sinclair Road and Route K. He encouraged the Council to support the project.
    Mayor Hindman closed the public hearing.
    Mr. Hutton made the motion that staff be directed to proceed with final plans and specifications. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

(C)     Street and sidewalk construction on Donnelly Avenue.
    Item C was read by the Clerk.
    Mr. Patterson explained this public hearing is for the purpose of determining the necessity of reconstructing portions of Donnelly Avenue and the installation of sidewalks. In November of last year, a report had been submitted to the Council with an option for the design and potential construction of this project. The project would consist of reconstructing approximately 400 feet of Donnelly Avenue from West Boulevard to Hardin at a 32-foot width, another approximate 400 feet from Ridgeway to Hirth at a 32-foot width, and 225 feet from Hirth Avenue to Cook Avenue at 28-feet. All of the street work would also include a four-foot sidewalk along the south side of the street as well as improvements to the storm drainage facilities to improve stormwater management. Mr. Patterson reported that staff is also proposing construction of another four-foot sidewalk along the south side of the improved portion of Donnelly, between Hardin and Ridgeway. This would complete the sidewalk network along the entire south side of the street.
    Mr. Patterson stated the preliminary estimate for the street reconstruction is $262,000 of which $234,000 has been allocated from CDBG funds. The remainder will be collected from tax bills against the properties. He explained the sidewalk cost from Hardin to Ridgeway is estimated to be $35,000 and will be paid from CDBG funds set aside for sidewalks specifically in the First Ward. In accordance with past policy and practices of the Council, Mr. Patterson related it is not recommended that tax bills be assessed for the sidewalk construction. Also in accordance with City policies, streets in CDBG eligible areas may be constructed with such funds and then property owners will be tax billed at one-half the cost of the residential street rate. He indicated in this case that amount would be set at a maximum of $15.00 per abutting foot. Eligible property owners may receive a grant to pay the entire amount of the tax bill. The assessments would generate approximately $28,000 if assessed as proposed. Before the tax bills may be issued, another public hearing will be required so the Council can make the determination there have been benefits accrued to the properties that is at least equal to the amount being proposed for assessment. Mr. Patterson listed the benefits that could be considered at that time.
    Mr. Hutton asked if he remembered the Council having received a report concerning the use of CDBG funds, including monies set aside for this project, for the potential overrun on the health facility. Mr. Beck confirmed the Council did receive such information. However, he noted that it will take a couple of years to design and build one of these streets. Mr. Beck suggested that the Council authorize staff to proceed with the design work. He said then the Council could make the decision as to whether or not they want to use CDBG funds for the health facility versus advancing with the Donnelly project this construction year. With the time it takes to obtain right-of-way, Mr. Patterson indicated it would not be very likely the project could be constructed this fiscal year.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Ms. Crayton made the motion that staff be directed to proceed with plans and specifications. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

(D)     Storm drainage improvements to the Paris Road and Ann Street area.
    Item D was read by the Clerk.
    Mr. Patterson explained this public hearing will determine the necessity of constructing storm drainage improvements to reduce home and street flooding on Paris Road. Improvements would consist of adding inlets on Ann Street and Paris Road, replacing the pipe system under Paris Road and to the northwest, and installing recessed curb drains on the southeast corner side of Paris Road. All of the inlets and grates that are part of the project will be designed to accommodate bicycle traffic. Mr. Patterson reported the size of the drainage pipes would range from 18 inches to 30 inches. The estimated cost of the project is $55,000 and will be paid from the storm water utility fund in this fiscal year's CIP budget. If after hearing comments the Council wishes to proceed, Mr. Patterson said the suggested action would be a motion directing staff to proceed with final plans and specifications.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Hutton made the motion that staff be directed to proceed with final plans and specifications. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
 

OLD BUSINESS
    None.
 

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

B78-03     Abrogating the final plat of Lake of the Woods South, Plat 2; approving the final plat of Lake of the Woods South, Plat 4.
B79-03     Approving the final plat of Auburn Hills, Plat 4.
B80-03     Amending Chapter 14 of the City Code relating to speed restrictions on Route AC.
B81-03     Authorizing an amendment to the agreement with R. W. Beck, Inc. for assistance in City negotiations for power purchases and power transmission services; appropriating funds.
B82-03     Accepting easements for water main purposes.
R51-03     Setting a public hearing: voluntary annexation of property located on the west side of Providence Outer Roadway, approximately 100 feet south of Corporate Lake Drive.
R52-03     Setting a public hearing: improvements to Stephens Lake Park.
R53-03     Authorizing an agreement with Boone County for animal control services.
R54-03     Authorizing an agreement with Boone County for public health services.
R55-03     Authorizing an agreement with the Missouri Department of Health and Senior Services for summer food program inspections.
R56-03     Amending an agreement with Peckham & Wright Architects, Inc. for architectural services for the restoration of the Blind Boone Home.
R57-03 Authorizing an agreement with the Housing Authority of the City of Columbia for acquisition of vacant lots for affordable housing and to administer a tenant-based rental assistance program.

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

NEW BUSINESS
R58-03     Approving the preliminary plat of Vanderveen Crossing, Plat 6.
    The resolution was read by the Clerk.
    Mr. Dudark stated this 23 acre tract is located in north Columbia at the southwest corner of North Providence Road and Smiley Lane. The property is currently a combination of C-3 and R-3 with a request to rezone the C-3 portion to R-3. If that request is approved, it will create 56 lots in the proposed platted area. One of the concerns that came up during the Commission review was the potential for cut through traffic coming off of Smiley Lane. Mr. Dudark reported conditions being recommended in that the plat be redesigned to eliminate the cut through problem, and the construction plans include some traffic calming devices on Arctic Fox Drive to discourage that particular maneuver. The recommendation is for approval with the two conditions.
    Mr. Hutton asked about the minimum lot width in R-3. Mr. Dudark believed it to be 60-feet. Mr. Hutton noted that some of lots do not look very big.
    Mr. Loveless asked what input the Council has on naming streets. Mayor Hindman said staff will usually object to a name if it is similar to an existing street. Mr. Loveless related there is no such thing as a snow owl, but there is a snowy owl.
    Bill Crockett, an engineer with offices at 2608 N. Stadium, commented that the applicant is not opposed to the conditions being requested, and they have done some preliminary layouts to eliminate the cut through process. He noted that will be forthcoming with the final plat. Mr. Crockett reported the lots have been kept relatively small to reduce the size of the structures.
    Mr. Janku asked about the "Snow" Owl versus the "Snowy" Owl street name. Mr. Crockett replied he was not opposed to changing the name on the final plat.
    Mr. Janku spoke of the need for a park in this area. At some point he would like to get an update from staff on the progress of such.
    The vote on R58-03 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R60-03     Authorizing an agreement with The Curators of the University of Missouri to allow construction of an access trail from UMC Drive to the Hinkson Creek Trail.
    The resolution was read by the Clerk.
    Mr. Beck explained that the use agreement with the University will allow a trail walkway connection from UMC Drive to the existing Hinkson Creek Trail.
    Mr. Loveless asked about the cost estimate. Based on the report, Mr. Hood said staff would work with the neighborhood to develop the final plans. They thought the cost would be pretty minimal for a couple of loads of rock and a large enough piece of pipe or culvert to allow the crossing over the drainage ditch. He spoke of the need for the Council to approve the use agreement so staff could begin working with the neighborhood to develop the final design. Mr. Hood reported that residents indicated they have the money for the construction materials for the trail access. He noted that staff will work with the neighborhood to install the trail.
    Dale Roberts, President of the Seven Oaks Homeowners Association, remarked the neighborhood is more than happy to work with the City on the cost for the trail extension. He reported there are approximately 180 homes in the neighborhood and this is a project they have been working on for years. He noted that PedNet members also support this project.
    The vote on R60-03 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R61-03     Authorizing Amendment No. 2 to the agreement with Jacobs Civil Inc. for design services for the McBaine Water Treatment Plant expansion.
    The resolution was read by the Clerk.
    As part of a refunding issue, Mr. Malon explained the Council had authorized some immediate financing for the water utility for two projects. One was the completion of the design for an eight million gallon per day addition to the McBaine Water Treatment Plant and the other was a water building. The bond issue financing is complete and the Council recently appropriated the funds. Mr. Malon reported that approval of this agreement will allow Jacobs Engineering to complete the plans and specifications for the project.
    Mr. Hutton asked about the estimated cost of the expansion. Mr. Malon replied it was approximately $6 million.
    The vote on R61-03 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. 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:

B84-03     Voluntary annexation of property located on the south side of Vawter School Road, approximately 1,750 feet east of Scott Boulevard; establishing permanent R-1 zoning.
B85-03     Amending the Stoney Creek C-P Development Plan.
B86-03     Amending Chapters 13 and 22 of the City Code as they relate to hauling garbage.
B87-03     Calling for bids for construction of Grindstone Creek Outfall Sewer Extension.
B88-03     Authorizing acquisition of easements necessary for the construction of Garth Avenue bridge and Garth Avenue from Thurman Street northward 700 feet to the bridge.
B89-03     Authorizing acquisition of easements necessary for the construction of Garth Avenue from Bear Creek northward to Blue Ridge Road.
B90-03     Accepting easements for sewer, drainage, street and utility purposes.
B91-03     Accepting easements for water and electric purposes.
B92-03     Amending Chapters 14 and 16 of the City Code as they relate to definition of cycles, public safety and helmet regulations for persons under sixteen years of age.
B93-03     Amending Chapter 2 of the City Code as it relates to the Environment and Energy Commission.
B94-03     Authorizing construction of improvements to Stephens Lake Park.
B95-03     Authorizing the issuance of Sewerage System Revenue Bonds Series 2003.
 

REPORTS AND PETITIONS
(A)     Girl Scout Merit Badge Events.
    Mr. Beck explained that last year the City started a program with the Boy Scouts and a request was brought forward relating to a program for the girls. Mr. Watkins noted that three departments have staff members who are interested in volunteering time to assist the girls on their scout badges. Staff is asking for Council permission to use City facilities.
    Mr. Hutton made the motion that the request be granted. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
 

(B)     Route B/Railroad Landscaping.
    Because this would be a public improvement project, Mr. Beck noted that a public hearing should be set.
    Mr. Janku asked about the maintenance plan of the landscaping. Mr. Watkins said it was a combination of good design and designating areas that can be adopted. He reported that staff looked for low maintenance, low water planting materials. He indicated that Parks staff would do the planting with the idea the maintenance of such would be turned over to Adopt a Spots. Mr. Janku wondered if it was xeriscaping or native plants. Mr. Watkins said it was more native plants.
    Mr. Janku made the motion that staff be directed to proceed. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
 

(C)     Request by Boone Hospital to Install Street Banners.
    Mr. Beck explained the Hospital's request to install banners which are similar to the ones used by the Special Business District, Stephens College and Columbia College. The process calls for the Planning and Zoning Commission to review the plan and forward a recommendation to the City Council.
    Mr. Coffman commented that the Hospital's proposed banners might be somewhat more busy than some of the other projects referred to. He understood there would be a rotating seasonal message to promote various projects. He said a similar idea was discussed a few years ago and there was some neighborhood opposition to a billboard type rotating message. Mr. John noted that the downtown banners are rotated frequently for different seasons and events. Mr. Coffman acknowledged that was true. He just wanted to point out that there may be some concern.
    Mr. Coffman made the motion that the request be referred to the Planning and Zoning Commission for their recommendation. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

(D)     Parks & Recreation Facility - Philips Property.
    Mr. Beck stated that a letter was sent from representatives of the developer inquiring about the City's interest in utilizing part of the Philips property for Parks and Recreation purposes. He pointed out that the updated Parks and Recreation Master Plan calls for an additional major park and recreation facilities either in the south central or southeast Columbia area. The Council will need to give direction on whether staff should report back on the possibility of locating a park on this tract.
    Mayor Hindman pointed out the huge amount of community interest in the issue and thought the City should explore the possibility of this acquisition of parkland. He said staff would also need to explore how it might be financed. Mr. Janku spoke about a federal law that is moving forward that relates to funding of parks. He would like to find out if there was some way that money could be used to purchase the Philips property.
    Mr. Beck indicated that staff would explore the portion of the property that might be suitable for what is identified in the Master Plan and then look at alternative ways to finance acquisition of such.
    Mr. Loveless made the motion that staff be directed to proceed. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

(E)     Rezoning Property Located within the Benton-Stephens Neighborhood from R-3 to R-1.
    Mr. John made the motion that the issue be referred to the Planning and Zoning Commission for their recommendation. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
 

(F)     Mid-Missouri Regional Planning Commission.
    Mr. Beck explained that the City has been approached about joining the Commission in order to be eligible for federal economic development administrative grants. He noted that the University is pursuing a grant for a life sciences incubator. On a couple of occasions, Mr. Beck said the Council has discussed the pros and cons of belonging to the Commission. The City's cost has been estimated to be between $25,000 and $33,000 on an annual basis. If the Council proceeds with the legislation, Mr. Beck related that this would be the City's contribution toward supporting a very worthy program at the University.
    Mayor Hindman remarked that after reviewing the advantages and disadvantages, he felt there were relatively few advantages to joining the Commission. On the other hand, he said it does enable the City to be in a position to work for a federal grant that would finance $2.5 million toward the incubator. He believes this project will be very important to Columbia and the University and there is no way they can qualify for the grant unless the City joins the Commission.
    Mayor Hindman motioned that the legislation be drafted. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
 

(G)     Naming of the Health Facility.
    Mr. Beck explained that the City and County had both appointed a Committee to work on the design of the City/County portion of the health facility. Several suggestions have been made for a building name and the one sent to the Council for consideration is the Sanford-Kimpton Health Facility. Mr. Beck noted that Mr. Sanford and Mrs. Kimpton both worked in the City/County Health Department for long periods of time. If the Council concurs with the recommendation, he said the Boone County Commission would have to approve the name as well.
    Ms. Crayton made the motion that the building be named the Sanford-Kimpton Health Facility.
    Mr. Hutton asked if it would make more sense to call it the Health "Center" rather than Health "Facility". Mr. Beck replied that he would speak with the Health Director to determine how it would be looked at most favorably by both the state and federal governments. It was decided that the main thing was to name the building and then consider the designation of "center" versus "facility".
    The motion made by Ms. Crayton, was seconded by Mr. Janku and approved unanimously by voice vote.
 

(H)     Proposed Lake of the Woods - TDD.
    Mr. Beck explained that several staff members have been working with representatives of the development to incorporate the geographic boundaries that will be included in the proposed transportation development district. He said the developer's plan has been reviewed and staff thought the boundaries were reasonable. He reported that the developer is ready to move forward with establishing a TDD and has been working with MoDOT on roadway right-of-way. Prior to any construction work occurring, approval from MoDOT would have to be granted. Mr. Beck reported the development agreement would come back to the Council for final approval.
    Mr. Loveless asked how far along the design work is. He was particularly interested in the work on either side of I-70 as that particular intersection might be used to incorporate the east extension of Stadium Boulevard.
    Chad Sayer, Allstate Consultants, explained the process began initially with a more simplified plan, but as more information came forward relating to the extension of Stadium Boulevard, the process became more involved and complicated. He spoke about the elimination of the existing outer road and said there are guidelines that have to be followed on the relocation of the outer roadway plan. Approximately 700 feet has to be located away from the ramp area. As the Stadium Boulevard project moves forward, this will be a credit to the extension in that the outer road on the eastern side has already been relocated. Mr. Sayer reported the guidelines, as far as the ramp widening on either side of I-70 are concerned, should be considered phase one of laying the ground work for that connector. He noted that the acquisition of rights-of-way will be quite substantial.
    Mr. Sayer explained that the design concept was approved in February of 2002 and there have been four revisions because of traffic studies. He said the thought is that the outer road being relocated will then be extended to the west in some fashion so that the total outer road relocation connection would be part of the next phase of the extension of the connector. Mr. Sayer indicated that preliminary plans were submitted to MoDOT in September and reviewed with several revisions suggested. The right-of-way plans were submitted in late November and have been approved as a phase one acquisition. He reported that final plans were submitted at the first of this month and a final plan review meeting will take place next week.
    Mr. John made the motion that staff be directed to file an answer. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
 

(I)     Emergency Preparedness Update.
    Mr. Beck explained that since September 11, 2001, staff has been doing quite a bit of work relating to this issue which has been coordinated through the local Emergency Management Office with overview from the City Manager's Office. Staff's goal will be to continue to plan and be prepared with an appropriate response for any emergency that might arise. He noted that additional information may be obtained from the City's website.
 

BOARDS AND COMMISSIONS
    Upon receiving the majority vote of the Council, the ensuing individuals were appointed to the following Commission:

CULTURAL AFFAIRS COMMISSION
Gray, Randy D., 301 Edgewood, Ward 4 - term to expire 4/1/06
Greene, Ken L., 6005 Gregory, Ward 3 - term to expire 4/1/06
Shapiro, Elizabeth H., 4013 Newport Court, Ward 5 - term to expire 4/1/06
 

COMMENTS BY COUNCIL, STAFF AND PUBLIC
    Mr. Loveless remarked that he had been talking to Mr. Patterson about the cost of installing sidewalks on the west side of Fairview Avenue, beginning just north of the intersection of Rollins and going approximately two blocks to the south. He noted this is the only stretch, leading to the elementary school, that does not have sidewalk.
    Mr. Loveless made the motion that staff report back on the sidewalk issue. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

    Mr. Janku commented that traffic lane markings have not held up very well this winter. He specifically received a request that the City look at striping on Creasy Springs. Mr. Janku asked that staff report back on what it would take to get this road striped. He thought perhaps that parking should be limited to one side of the street.

    Mr. Janku spoke about complaints he received relating to traffic speeds in the area of Lange Middle School on Smiley Lane. He suggested traffic enforcement in the area.

    The meeting adjourned at 9:45 p.m.

                                                                                                    Respectfully submitted,

                                                                                                    Penny St. Romaine
                                                                                                    City Clerk