M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
MAY 19, 2003
 

INTRODUCTORY
    The City Council of the city of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, May 19, 2003, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members JOHN, ASH, HINDMAN, CRAYTON, JANKU and HUTTON were present. Member LOVELESS was absent. The City Manager, City Counselor, City Clerk and various Department Heads were also present.
 

APPROVAL OF MINUTES
    The minutes of the regular meeting of May 5, 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
    The agenda, including the Consent Agenda, was approved unanimously by voice vote on a motion by Mayor Hindman and a second by Mr. John.
 

SPECIAL ITEMS
Consultant Presentation of 2003 Citizen Survey.
    Mr. Beck explained that this is the first comprehensive study of City services. He noted that the survey will be available on the City's web site and cable channel 13. Mr. Beck thanked residents who responded to the survey.
    Chris Tatum, ETC Institute, explained the main focus of the survey was to assess the delivery of City services in over 100 areas to determine how satisfied residents are with the City's performance. The instrument used also supplied a comparison of Columbia's performance to other communities across the country. Mr. Tatum gave a brief overview of the findings report.
 

SCHEDULED PUBLIC COMMENTS
Ruth Walters - Request to Bury Water Pipe in Pine Acres.
    Ruth Walters, 2611 Spruce Drive, asked that the open storm pipe in her yard be buried. She passed around pictures of the site.
    Greg Frazier, 2607 Spruce Drive, indicated the construction company had done a poor job of seeding and maintaining such.
    Matt Triplett, 2620 Oakland Ridge Drive, stated the storm water ditch forms the western boundary of his backyard. He said it is an eyesore and is ineffective at it's purpose. Storm water is piped from the cul-de-sac located one street over, which also deposits trash, rock and gravel into his backyard and further into the Walters' backyard. Mr. Triplett acknowledged the pipe is moving water through, but not in a satisfactory way.
    Steve Lake, 2615 Spruce Drive, commented that even though Spruce has been improved with a new storm drain, the water cannot be funneled to it without coming through their yards.
 

PUBLIC HEARINGS
B133-03     Voluntary annexation of property located on both sides of Teton Drive, on the south side of Yosemite Avenue; establishing permanent zoning.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that both City staff and the Planning and Zoning Commission recommended approval of this request. The proposed zoning is equivalent to what exists presently. He reported that voluntary annexation requests are circulated through various agencies around the City for input.
    Mayor Hindman opened the public hearing.
    There being no comment, Mayor Hindman closed the public hearing.
    B133-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: LOVELESS. Bill declared enacted, reading as follows:
 

B134-03     Voluntary annexation of property located on both ides of Bethany Drive, east of Scott Boulevard; establishing permanent zoning.
    The bill was given second reading by the Clerk.
    Mr. Beck explained this approximate two-acre tract to be located in south Columbia. There are duplexes and one four-plex on the lot. Both staff and the Planning and Zoning Commission recommend approval.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B134-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: LOVELESS. Bill declared enacted, reading as follows:
 

B135-03     Voluntary annexation of property located on the northwest corner of Wyatt Lane and Opal Drive; establishing permanent zoning.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this tract is located in northeast Columbia and contains about two acres. Approval for both the annexation and the permanent R-1 zoning request is recommended by staff and the Planning and Zoning Commission.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B135-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: LOVELESS. Bill declared enacted, reading as follows:
 

B136-03     Voluntary annexation of property located on the southwest corner of St. Charles Road and Grace Lane; establishing permanent zoning.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this three acre tract is located in northeast Columbia. The applicant has requested permanent C-P zoning with uses being limited to those in a C-1 district. The lot is surrounded on three sides by existing county commercial zoning. Mr. Beck noted that under the voluntary annexation procedure, additional right-of-way can be obtained and the applicant could be responsible for some infrastructure improvements.
    Mr. Dudark added that a portion of the tract is presently zoned open commercial in the county. If the request for permanent planned commercial zoning is approved, the applicant would be required to submit a plan for Council approval prior to development.
    Mr. Janku asked if as part of the plan, the Council will be able to control access along St. Charles Road. Mr. Dudark replied that is correct. In addition, the applicant would have to submit a traffic study if the Council finds that to be necessary.
    Mayor Hindman opened the public hearing.
    Clifford Mings, 5310 St. Charles Road, explained that he has owned this property since 1973. Part of the tract is zoned for residential and a small part of it for commercial. Mr. Mings reported there is no way he can develop homes on the residential portion because it is surrounded by commercial property.
    Jack Donelon, 578 Grace Lane, President of the Lake of the Woods Homeowners Association, spoke in opposition and reiterated his comments from the last meeting. Since then, he explained that he has met numerous times with the developer of Lake of the Woods South regarding additional entrances and exits into the subdivision. Currently, Mr. Donelon pointed out all proposals are just on paper and there is still just the one street to get in and out of the subdivision.
    Mayor Hindman closed the public hearing.
    Mr. Janku stated a planned zoning district will make the traffic situation safer.
    Mr. John noted that additional right-of-way could be shown in the plan which will alleviate vehicular parking problems. He pointed out that once City ordinances and a development plan is applied to the tract, there will be good methods for managing the property.
    Mr. Ash noted a lack of sewer in the area and he believed that meant there could not be much expansion for the time being.
    B136-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: LOVELESS. Bill declared enacted, reading as follows:
 

B137-03     Rezoning property within the Benton-Stephens Neighborhood from R-3 to R-1.
    The bill was given second reading by the Clerk.
    Mr. Beck explained there is a policy resolution in place which encourages down zoning property in certain neighborhoods in the central business district area. To do that, the Council has agreed to pay the advertising cost. This rezoning involves three lots in the Benton-Stephens neighborhood and has been recommended for approval by both the staff and the Planning and Zoning Commission.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B137-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: LOVELESS. Bill declared enacted, reading as follows:
 

B138-03     Rezoning property located on the south side of Aspen Drive, approximately 275 feet west of West Boulevard; approving the C-P Development Plan of University Chrysler, Phase 2.
    The bill was given second reading by the Clerk.
    Mayor Hindman noted that a request had been received to table this issue until the June 2nd, 2003, meeting.
    Mayor Hindman opened the public hearing.
    Mr. Hutton made the motion that B138-03 be tabled to the June 2, 2003, meeting. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mayor Hindman noted this public hearing will be continued to the next meeting.
 

B153-03     Calling for bids for the replacement of the MKT Parkway Bridge No. 6; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck reported that a study and evaluation had been made on the bridges along the MKT Trail. This bridge was noted to have top priority as it was shown to be in the worst repair. The estimated cost of replacement is $155,000. A grant has been pursued in the amount of $93,000 and the remaining amount of approximately $62,000 will be paid from the one-quarter cent sales tax.
    Mr. Hood pointed out that the replacement bridge will be very similar to the structure on the Bear Creek Trail. It will be a steel structure with a clear-span over the creek.
    Mayor Hindman asked why it was clear-span. Mr. Hood replied that the actual distance is short enough to allow for such. He further explained that clear-span bridges eliminates the need for trestles which tends to catch debris coming down the creek.
    Mayor Hindman opened the public hearing.
    There being no comment, Mayor Hindman closed the public hearing.
    B153-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: LOVELESS. Bill declared enacted, reading as follows:
 

OLD BUSINESS
B99-03     Approving the final plat of Pratt's Subdivision, Plat 4, a replat of part of Lot 6 of Pratt's Addition.
    The bill was read by the Clerk.
    Mr. Beck noted that a request had been received to table this issue.
    Janet Hammen, 1416 Wilson Avenue, remarked that tonight will be the third time this item has been tabled. She said a lot of caring people have contacted their Council representative objecting to the destruction of the largest residential historic district in the City. Ms. Hammen commented that residents prefer to have this item heard at the public hearing level and that it be sent to the Planning and Zoning Commission for their advice and recommendation.
    Ben Orzeske, 507 High Street, Vice-Chair of the East Campus Neighborhood Association, explained why this issue should be considered by the Planning and Zoning Commission and should not be heard by the Council at this point. He indicated the purpose of the replat involved the movement of a setback line. He noted the redevelopment on this street, but this is the first time a developer has tried to use a clause that does not apply. Mr. Orzeske reported that an administrative replat has to meet some requirements, one of which is that the tract has been previously subdivided through Planning and Zoning Commission review. Since the tract in question pre-dates the adoption of the ordinance, that has never been the circumstance. He referred to a clause in the ordinance which states that if there is any part of an ordinance in conflict with another existing ordinance, the more restrictive ordinance should apply. In this case, moving the front setback line at the established 71-feet is certainly the more restrictive ordinance. Mr. Orzeske indicated that by transferring the process to Planning and Zoning, it will provide neighborhood residents with the proper notification and will give them more time to prepare their arguments against the request.
    Mr. Dudark wondered what actions the Council would expect the Planning and Zoning Commission to take. With zoning questions, he said the Board of Adjustment would be the body that reviews any interpretation from the Building Regulations Supervisor. He did not believe the Commission had any authority in regard to this issue. Mr. Dudark also indicated that staff is not required to provide notice for plats, only for zoning changes.
    Mr. John said an administrative replat is something that can be done by staff and is not sent to the Council. He speculated that staff reviewed this request and felt there were enough issues that it should go through the final platting process. He pointed out that the Planning and Zoning Commission does not review final plats, the Council does. He believed this process should start and stop with the Council. Mr. John noted the original executive summary indicated the proposed final plat would create one R-3 lot. The plat is being done so the property will meet the definition of a lot so redevelopment can take place. If the owner wanted to redevelop this R-3 lot, much like the Hinkson Day Care issue, he said the old meets and bounds description did not satisfy so the applicant was required to plat the lot. Mr. John asked if he was correctly understanding the process. Mr. Dudark believed the original lot in the subdivision plat had been subdivided so the tract now owned by Mr. Keevins is not an original lot. He speculated that to be the reason why the replat is required to establish the lot. Mr. John commented Mr. Keevins is replatting the property to establish it as a legal lot. Mr. Dudark felt that was correct. And at the same time the applicant is asking for the 25-foot setback to be a part of the plat.
    Mr. John made the motion that B99-03 be tabled to the June 2, 2003, meeting. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
 

B144-03     Approving the final plat of Lakeshore Estates Subdivision, Plat 5, a replat of Lot 5 of Lakeshore Estates Subdivision, Plat 1; granting a variance to the subdivision regulations.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this replat would allow a change to the front building line along Yuma Drive in accordance with a variance issued by the Board of Adjustment. It would also allow for an adjustment of the side yard which complies with R-1 requirements. He noted the variance to the sidewalk regulations. Both staff and the Planning and Zoning Commission recommended approval.
    Steven Hine, surveyor of the plat, 1202 Madison, offered to answer any questions.
    Robert Junk, an attorney and architect from Kansas City, spoke on behalf of the property owners. He asked for Council support of the request.
    Mayor Hindman admitted in this particular case where the subdivision is completely developed and there is no real prospect to extend a sidewalk, there is not much need for such.
    B144-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: LOVELESS. Bill declared enacted, reading as follows:
 

B145-03     Approving the final plat of Highlands Circle, Plat 3, a replat of Lot 6A of Highlands Circle, Plat 2; granting variances to the Subdivision Regulations.
    The bill was given second reading by the Clerk.
    Mr. Dudark described the property as consisting of 4.4 acres with one lot having access off of Highlands Court to the north. He showed the location of the new building lot and the shared driveway where the two lots would join together. Mr. Dudark reported the tract has been previously platted and the first variance request is for a variance to that rule. The second variance relates to the requirement that the maximum length for a stem lot should be no more than 250 feet. The length in this case is 480 feet. Mr. Dudark related that the Planning and Zoning Commission discussed the issues and they recommended approval of such on a 4-3 vote. He remarked that stem lots are somewhat controversial and are usually intended to compensate for environmental conditions. He pointed out the lake on the tract prevents access to the back lot.
    Mr. Ash asked if the person living in the existing residence is the applicant. Mr. Dudark replied that was right.
    Dick Bark, Allstate Consultants, 3312 LeMone Industrial, offered to answer any questions. He explained the property to be the former Garry Lewis residence on the south end of The Highlands.
    Mr. John remarked the only choice to reduce the length of the stem lot would be to fill-in the lake, which would be silly.
    B145-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: LOVELESS. Bill declared enacted, reading as follows:
 

B146-03     Authorizing a development agreement for Auburn Hills Subdivision with WWB Development Company, LLC.
    The bill was given second reading by the Clerk.
    Mr. Patterson reviewed the terms of the agreement. With the development of Auburn Hills Subdivision and the immediate need for construction of the streets in the area, particularly Brown School Road, he said the developer has made proposals to the City in that he would build and pay all costs for construction of the streets to the subdivision, provided the City assumed the responsibility for the pedestrian pedways and sidewalks to be constructed when the City saw a need to have them installed. The second condition is that the City acquire off-site right-of-way which can be done through eminent domain if necessary. Additionally, Mr. Patterson reported the developer has been working with the Missouri Department of Transportation and has come to an agreement in concept, if not in fact, as to responsibilities regarding the intersection of Brown School Road and Route 763. The agreement essentially alleviates responsibility the City might have with the signalization of the intersection. By entering into this agreement, Mr. Patterson said the City would be relieved of those intersection responsibilities and of all street costs in return for the construction of the sidewalks, pedways and acquisition of right-of-way. He estimated the street costs to be about $807,000, and the City's cost to construct the sidewalks, pedways and acquisition of right-of-way to be approximately $400,000. The advantage to the City is the cost savings from constructing the streets and signalization of the intersection. Mr. Patterson noted it would also give us the ability to phase the construction of sidewalks over a three-year period as the subdivision develops, which would alleviate some of the City's constraints with regard to immediate funding. The developer's benefit is the ability to proceed in a timely manner with the development of the subdivision for it to be a profitable venture for him.
    Mr. Janku asked if the suggestion was that over the next three budget years, money be set aside to build the sidewalks. Mr. Patterson replied that was the suggestion and he thought the Council would want to coordinate it with the actual development of the subdivision. He assumed it would be over a three-year period, but there is flexibility to that number. Mr. Beck asked if there was anything in the agreement committing the City to build within three-years if the walks are not funded. Mr. Patterson replied there was not.
    Mayor Hindman questioned whether the roads would be built immediately. Mr. Patterson was sure that would be the case. Mayor Hindman asked if the roads would be graded for the sidewalks. Mr. Patterson replied the cross section of the roadway will be graded for the pedways and sidewalks.
    Mr. Janku wondered if each of the lots would be assessed a development charge. Mr. Patterson indicated a development charge via building permits would be assessed. Normally, Mr. Janku said the reason the City collects these charges is for street and sidewalk improvements in the general area of the development. Mr. Patterson clarified these funds are specified for collector and arterial streets associated with the development. He said they would be substituting the collector portion as a trade. Mr. Janku thought the subdivision would be constructed quickly and the development charge would be a secure source of annual funds being generated to build the sidewalks.
    Rob Wolverton, 2106 Clemmons, a partner in the development company, WWB Development Company, offered to answer any questions.
    Mr. Janku commented that this is an important road across north Columbia that would connect to 63 and Oakland Gravel to 763. He said it would take a lot of traffic away from other streets and thought this to be a good agreement. Mr. Janku indicated it would also commit the City to build the sidewalks within three years.
    Mr. John asked about the status of the Brown School Road, Oakland Gravel, Starke Lane, 63 Interchange. Mr. Patterson hoped to have a report on this issue at the next meeting. He indicated that staff has been working with the developer and he felt they were getting the easement issues and land rights issues wrapped up.
    B146-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: LOVELESS. Bill declared enacted, reading as follows:
 

B147-03     Authorizing the acquisition of easements necessary for the construction of a portion of Brown School Road east of State Route 763.
    The bill was given second reading by the Clerk.
    Mr. Patterson explained staff would be acquiring two permanent street easements, two utility easements, a drainage easement and two temporary construction easements as part of the Auburn Hills development agreement.
    B147-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: LOVELESS. Bill declared enacted, reading as follows:
 

B152-03     Amending Chapter 16 of the City Code to add a new article establishing a juvenile curfew.
    The bill was given second reading by the Clerk.
    Mr. Beck explained the ordinance would impose a curfew for persons under 17 years of age between the hours of 11:00 p.m. and 5:30 a.m. on weekdays and between the hours of midnight and 5:30 a.m. on weekends. During these hours, juveniles would not be allowed to be in a public place or in any privately owned places of business. It would also be unlawful for any parent or legal guardian to knowingly permit a juvenile to violate the curfew. Mr. Beck noted a list of eight exceptions.
    Mr. Boeckmann reported there have been juvenile curfew ordinances for years. In the 1970's and 80's, some of them were stricken down for various reasons. He reviewed the exceptions and the penalties associated with noncompliance. Mr. Boeckmann pointed out that penalties are not assessed against the minor, but against the parent because minors would be handled in juvenile court.
    Chief Boehm noted that his department would basically use the ordinance as a tool while responding to other incidents. He said the community should not expect the police department to be doing random patrols specifically looking for curfew violations.
    John Wells, 2800 Summit Road, spoke against the proposed curfew ordinance on behalf of the National Youth Rights Association. He listed statistics regarding youth curfews and it showed that youth curfews do not reduce youth crime.
    Martin Hardin, 5 Rothwell, spoke in opposition to the proposed ordinance. He felt African-American children were being targeted in the first ward. He saw it as a civil rights violation and a way to get black children in the juvenile system.
    Ms. Crayton commented that senior citizens are being terrorized by unattended youth. She spoke of the street fights last summer and said parents need to be responsible for their children.
    Mark Anderson, 1305 Pearl, spoke in favor of the curfew ordinance. He felt the numbers at the end of the summer would tell a story. Mr. Anderson said the City should have programs in place so kids have an organized activity to keep them busy.
    Ms. Crayton commented that there are programs in place for children, but it is up to the parents to make sure the kids get there and stay involved in them.
    Jeffrey Johnson, 307 Trinity, also spoke in favor of the curfew. He believed the $1,000 penalty was too high. Mr. Johnson agreed that something needs to be done and parents need to know where their children are.
    Carolyn Matthews, 4200 Rock Quarry, ACLU volunteer and attorney, thought the ordinance had good intentions, but there are problems that need to be addressed. She agreed pro-active methods should be found that do not necessitate clamping down on some basic freedoms. Ms. Matthews also believed the $1,000 penalty was too high.
    Mary Ratliff, President of the NAACP, 211 Park de Ville, commented that she is not opposed to the curfew, per se, but there are some stipulations and implementations she is concerned about. She did not think there has been enough communication with the community in regard to the issue. Ms. Ratliff thought the ordinance would target the first ward and is a discriminatory process. She wondered about the interstate travel exception. She felt it was saying that African American children in ward one do not have access to the finances to have motor vehicles to be traveling on the interstate. She maintained this practice is a rich versus poor issue. Ms. Ratliff suggested that they need to sit down, as a community, to discuss constructive ways to implement the plan without taxing people who cannot afford it.
    Ms. Crayton commented that the City is not trying to make money on this issue, but trying to make parents responsible for the actions of their children. She asked Ms. Ratliff how the City could make this occur.
    Ms. Ratliff suggested they get some community leaders together to discuss the issue. Ms. Crayton responded she is willing to work with anyone, but she did not want to keep delaying the ordinance until a child is hurt.
    In regard to interstate travel, Mr. Boeckmann indicated this exception addresses a minor, not with an adult, passing through town engaged in interstate travel. He said it would not apply to Columbia residents. He gave an example of a 16-year old driving from Illinois to Kansas who is passing through Columbia.
    Dante Hardin, 5 Rothwell, a youth, spoke against the curfew.
    Donna Kessle, 715 Lyon, mother of two daughters who are 17 and 8, indicated she is opposed to the ordinance, but Ms. Crayton's arguments for it are very forceful. She was concerned about how it will be enforced. Ms. Kessle pointed out that very often, when in trouble with the law, a lawyer must be retained. She felt the up to $1,000 fine would only be a portion of the cost. She was sure that the police would be even-handed and if Ms. Crayton wants to try the ordinance, she would support it.
    Susan Roberts, 601 Westwood, believed that she, as a parent, should have the right to allow her children to be wherever she has given them permission to be. She noted that the State of Missouri allows 16-year olds who have obtained a driver's license the right to drive between 5:00 a.m. and 1:00 a.m. Ms. Roberts felt the studies and the ordinance did not correspond. She said the reports show there is not very much crime at all during this time period and that each year it has gone down.
    Gabrielle Petone, 625 Pear Tree Circle, felt that Ms. Crayton has been calling out for help and no one has been listening to her. She spoke in opposition to the ordinance because she said it takes away rights and freedoms from a lot of people.
    John Clark, 403 N. Ninth, could not think of a worse solution to an undefined problem. He commented that the proposed ordinance is massively broad and, if passed, it would be a loss for the City and the police. He thought a more pointed response to the situation would be quicker response time by the police.
    Ruth Walters, 2611 Spruce Drive, maintained that she had not heard about the juvenile curfew ordinance until tonight. She was opposed to the idea.
    Eric Wiggins, 1408 Risen Star, believed the intentions of the ordinance to be good, but agreed it was too broad and lacks exceptions. He noted that a lot of businesses could be adversely affected by this proposed law.
    Ms. Crayton believed the problem with unattended youth will not be corrected without some type of enforcement. She supports the idea of a community meeting and she would be happy to ask the Council to postpone this issue, but she did not want to talk it to death. Ms. Crayton wanted positive action in the community and she for one would not close her eyes to what it going on. She noted that this is not just a problem in the first ward.
    Mr. Janku agreed the problem did not only exist in the first ward and said the police report verified it was throughout the community. He thought that perhaps 16-year olds should not be included in the ordinance. Mr. Janku agreed that a legitimate point had been made about the affect this proposed law could have on area businesses.
    Mr. John viewed this issue as not black or white, rich or poor, but as an adult responsibility. He commented there are predators who target kids with drugs and other kinds of trouble. Mr. John believed this ordinance could be a tool for parents. He pointed out that the juvenile curfew issue has been debated by the Council since October and remembered seeing it discussed on television.
    As a parent of young children, Mr. Ash saw it as the good outweighing the bad. He agreed there are potential problems, but noted that nothing is set in stone and the Council can tinker with the ordinance if need be. Mr. Ash did not understand the argument where it is appropriate for kids to be out at 1:00 and 2:00 in the morning.
    Ms. Crayton made the motion that B152-03 be tabled to the June 2, 2003, meeting. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

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

B139-03     Approving the final plat of Auburn Hills, Plat 6.
B140-03     Approving the final plat of Vanderveen Crossing, Plat 11.
B141-03     Approving the final plat of Limerick Lakes East.
B142-03     Approving the final plat of Eastport Village, Plat 3, a replat of Lake of the Woods South, Plat 3.
B143-03     Approving the final plat of The Cascades, Plat 2.
B148-03     Authorizing the acquisition of easements necessary for the construction of the Paris Road and Ann Street Drainage Improvement Project.
B149-03     Accepting easements for drainage, sewer, sidewalk and street purposes.
B150-03     Authorizing an easement agreement on behalf of the City with Dana Corporation for location and access of standby generator.
B151-03     Accepting easements for water main purposes.
R99-03       Setting a public hearing: storm drainage improvements to the Rollins Road and Rothwell Drive area.
R100-03     Setting a public hearing: installation of methane gas wells at the Columbia Sanitary Landfill.
R101-03     Setting a public hearing: construction of water main along Forum Boulevard from Dunbar Drive to Old Plank Road.
R102-03     Authorizing an agreement to terminate the social service contract with Positive Motivation, Inc.
R103-03     Authorizing an agreement with Missouri Department of Health and Senior Services for CORE public health services.
R104-03     Authorizing an agreement with Missouri Department of Health and Senior Services for immunization services.
R105-03     Amending an agreement with Missouri Department of Health and Senior Services for immunization services.
R106-03     Approving the Charter of Miles Manor Neighborhood Association.

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

NEW BUSINESS
R107-03     Authorizing an agreement with The Harold E. Johnson Companies, Inc. for lease of office space at 310 East Walnut.
    The resolution was read by the Clerk.
    Mr. Malon explained that the City currently leases property at this location for the Water and Light engineering division. Staff from this department occupies all of the building except the 2,400 square feet on the south end of the building which has been occupied by H & R Block. Mr. Malon reported that H & R Block recently notified The Johnson Companies they would be terminating their lease. The City was then asked if we would be interested in leasing the remainder of the building. Mr. Malon pointed out that if the Council approves this new lease agreement, the City would then have control of the entire building, the parking area and entrances -- which is important for security issues. He noted the additional space would make a nice conference room, not only for the engineering division, but for other City departments as well. This part of the building could also be used for seasonal employees that are working on digitizing maps and also for archival storage of files. Mr. Malon related that the lease amount is one dollar per square foot. The new lease would start June 1st and run for three years with an option to renew after that time.
    The vote on R107-03 was recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: LOVELESS. Resolution declared adopted, reading as follows:
 

R108-03     Appointing associate municipal judges.
    The resolution was read by the Clerk.
    Mayor Hindman explained the Council received many applications for municipal judges. They met in closed session after appropriate notice was given to discuss and choose applicants.
    The vote on R108-03 was recorded as follows: VOTING YES: JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSENT: LOVELESS. Resolution declared adopted, reading as follows:
 

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

B154-03     Rezoning property located along the northwest side of Hanover Boulevard, west of Twin Oak Drive from A-1, R-1 and R-2 to PUD-5.
B155-03     Approving the final plat of Vanderveen Crossing, Plat 9-A.
B156-03     Approving the final plat of Vanderveen Crossing, Plat 12.
B157-03     Approving the final plat of North Hampton Woods, Plat 1.
B158-03     Approving the final plat of Thornbrook, Plat 10.
B159-03     Vacating a utility easement located within Highlands Circle Subdivision.
B160-03     Calling for bids for the installation of methane gas wells at the Columbia Sanitary Landfill.
B161-03     Authorizing Change Order No. 1; approving the engineer's final report for the construction of the American Legion Post 202 Sanitary Sewer Extension Project.
B162-03     Ordering re-advertisement for bids for the construction of a portion of Rollins Road and Altai Drive.
B163-03     Authorizing a grant agreement with the Mid-Missouri Solid Waste Management District for the purchase of fiber recycling equipment; appropriating funds.
B164-03     Authorizing an agreement with Boone County for storm drainage improvements on Columbia Terminal Railroad right-of-way near Heller Road; appropriating funds.
B165-03     Confirming the contract of Sterling Excavation, Inc. for the construction of the Grindstone Creek Outfall Sewer Extension Project; appropriating funds.
B166-03     Confirming the contract of C.L. Richardson Construction Company, Inc. for the construction of the MC-6 Sewer Extension serving The Cascades Subdivision.
B167-03     Authorizing construction of water main along Forum Boulevard from Dunbar Drive to Old Plank Road.
B168-03     Accepting easements for utility purposes.
B169-03     Authorizing an agreement with Burns & McDonnell for engineering services for Water System Vulnerability Assessment and Emergency Response Plan; appropriating funds.
B170-03     Authorizing an amended and restated Ground Lease and Development Agreement with Intermodal Facility LLC, f/k/a COLT Terminal, LLC for rail terminal.
B171-03     Appropriating funds for grading for the rail terminal building.
B172-03     Authorizing an agreement with Jeffrey L. Bruce and Company to create a master plan for the preservation and development of Eighth Street; transferring and appropriating funds.
B173-03     Accepting and appropriating donated funds for the "Let's Talk, Columbia!" Community Study Circles Program.
B174-03     Authorizing an intergovernmental cooperation agreement with Lake of the Woods South, LLC for the Lake of the Woods Transportation Development District and associated road improvements.
 

REPORTS AND PETITIONS
(A)     Inter-department Transfer of Funds.
    Report accepted.
 

(B)     Street Closure Request.
    Mr. Hutton made the motion that the request be granted as written. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

(C)     Demolition of Buildings in the Central City Area.
    Mr. Janku supported further review of this issue. He suggested referring it to the Special Business District for their comments before sending it to the Planning and Zoning Commission, if that would be appropriate. Mr. Hutton agreed it would be if the Council were to create some sort of historic overlay district.
    Mayor Hindman thought the historic overlay idea to be interesting, but supposed there was a basic problem with the removal of buildings, historic or not, for the purpose of constructing surface parking lots. He believed the Council needs to enact requirements to control this from occurring.
    Mr. John suggested a more direct approach wherein the City Council must approve the demolition of downtown buildings for the purpose of building surface parking lots. Mr. Janku agreed, but wondered if this would be an amendment to a C-2 zoning district or some kind of rezoning classification. Mr. John thought it should be designated by area, i.e., the Special Business District area. Mr. Hutton interjected that boundaries would have to be established.
    Mr. Hutton questioned whether the City is in need of additional surface parking in the downtown area. Mr. Beck replied that the study showed the next deficit area as being north of Broadway.
    Mayor Hindman made the motion that the issue be referred to the Special Business District and that this group come back with a means to avoid further demolition of buildings in place of more surface parking lots. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

(D)     Boone County Regional Sewer District (BCRSD) Request for Policy Waiver for Sewer Connections at Boone Industrial Park and Gas Light Acres.
    Mr. Beck noted that the Council has had a couple of work sessions in regard to this issue at which time the staff reviewed the existing policies. Representatives of the sewer district attended the work sessions and discussed the issues they felt needed to be addressed. He thought a continual concern of the City should be that it needs to maintain reasonable control over the quantity and quality of wastewater discharged in our system. The two properties in question were displayed on the overhead.
    Mr. Beck noted that Boone Industrial Park had been constructed with streets not up to City standards, and with inadequate wastewater treatment facilities to serve the subdivision. In accordance with the Master Wastewater Plan, the City constructed a trunk and outfall sewer in the Cow Branch drainage area which extends very close to this subdivision. Mr. Beck reported that the property is surrounded by tracts that have voluntarily annexed into the City. The question before the Council regarding Boone Industrial Subdivision is whether or not it should be allowed to connect to the City's sewer system without annexing. In regard to Gas Light Acres, Mr. Beck indicated that if this property is allowed a sewer connection without annexation, it would block off the areas with pre-annexation agreements.
    Mr. Janku asked if any contact had been made with the Gas Light Acres residents regarding voluntarily annexing. Mr. Watkins replied staff had one meeting with a couple of the commercial customers up towards the west end of Prathersville Road, but not with the residential customers. He did not determine there to be any burning interest for voluntarily annexation. Mr. Watkins indicated there were also some other issues in terms of zoning that those two property owners were interested in which made this proposal relatively complicated.
    Mr. Hutton wondered whether there would be any possibility to potentially annex the Highway 63 right-of-way. Mr. Boeckmann did not think that legally the state owns the underlying fee to a highway, although by deed sometimes the City has allowed annexation in that manner. He doubted that was the right way to do it. Mr. Hutton pointed out a road in Gas Light Acres that adjoins the City limit line and then runs northward ending in a cul-de-sac surrounded by areas that have pre-annexation agreements. He thought if the City could annex the right-of-way of that road, it would solve this problem. Mr. Boeckmann responded that would not work because the owner of the fee has to sign for the annexation. He assumed the property owners would not want to do that.
    Mr. John noted that the City has allowed sewer connections to developed residential subdivisions. The key to that is now anybody else who is allowed a connection to that system now has to build to City standards and sign an annexation agreement. Mr. John related that with all of the county-owned property outside the City limits, between Gas Light Acres and that county property, there is between a one and two mile blockade of voluntary annexation to the north. He thought the Council should waive this requirement upon the annexation of the county-owned property contiguous to the City. In reference to the industrial area, Mr. John related that because new businesses can come in with different uses, which can alter water usage greatly, the City should possibly consider some kind of agreement where any new connections in this area would have to be done to City standards and force an annexation. With the commercial accounts, he thought the City should think about charging the full 100% and then let the Sewer District add whatever service fee they want to keep these businesses as their customer.
    Mr. Janku indicated he would not be opposed to allowing the Gas Light Acres area connection to City sewer if staff could come up with something to break the blockade. He was concerned about the commercial property because in the past those types of properties have had a competitive advantage. He suggested further exploration of whether or not these businesses would be willing to voluntarily come into the City as part of a deal. Regarding the industrial park, Mr. Janku questioned how the City could restrict them.
    When reviewing the City's rates and sliding scales, Mr. John commented if the City could get them as an electrical customer, we may be able to provide them with actually a better service rate which would offset some of the higher tax charges. He said we cannot do that because of territorial agreements. He said there are also quite a few acres in the area that are developable. Mr. John was more inclined to figure out some way that, at least those that have not been built, could annex into the City and possibly those that wanted to expand beyond a certain level could come into the City.
    Out of fairness, Mayor Hindman felt the City's sewer policy should be enforced. He did not think the Council should give an unfair advantage in this case. With respect to the industrial park, Mayor Hindman indicated the sewer policy should be enforced. Regarding Gas Light Acres, he felt the same way because of the blockade. He thought the City should not allow the sewer connection until the annexation problems are resolved. When a solution is found, he would support the connection. But until then, it would be unfair to the people who have signed annexation agreements.
    Mr. Ash pointed out that these situations are going to come up again and again. If these were the last two properties requesting sewer connection, he might be more inclined to go ahead and resolve them. He believed that the best long-term solution is for the Boone County Regional Sewer District, on their end, to come up with some sort of financial incentive to convince the customers it is in their best interest to annex into the City. Mr. Ash said the reason for their resistence is dollars and cents.
    Mr. Janku made the motion for staff to prepare a resolution approving the waiver on Gas Light Acres subject to the condition that we solve our annexation problem, and further that staff be directed to continue to negotiate to solve that problem. The motion was seconded by Mr. John and approved unanimously by voice vote.
    Mr. Watkins noted that during the annexation issue with regard to the industrial park, staff heard from the convenience store in particular, but thought also the other market up there, and the City cigarette tax, the additional two percent sales tax was considered to be an advantage. He was doubtful we would pick up one of the properties without picking up both of them. Mr. Janku said he would like to know that.
    Mayor Hindman made the motion that staff be directed to prepare a resolution denying the waiver with respect to Boone Industrial Park. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
 

(E)     Environment and Energy Commission Report on Wind Energy.
    Mayor Hindman explained it was staff's recommendation that the City somehow poll customers to get an idea as to how citizens feel about wind energy, and whether they would want it rolled into everyone's rates or if it could be subscribed to separately.
    Mr. John asked for an update on what Boone Electric has just done and what they are charging for wind energy and how customers go about signing up for their choice.
    Mr. Hutton was not sure he could support the idea of charging some people in the community one rate and then something different in another area depending on whether the customer agrees with the purchase of wind power. He thought anything would be premature because Water and Light should be sending the Council the new agreement for purchase of power and whether any wind power is included. Mr. Malon said the agreements are being worked out right now and it does not include green power because no one submitted proposals for such. Mr. Hutton noted that would not preclude the City's purchase of wind power at a later date. Mr. Malon said that was true. Mr. Hutton commented that the Council is elected to make decisions like this rather than surveying the community to determine their interest. He thought it was something for the Council to debate after receiving public input.
    Mr. Janku noted that a meeting was taking place next week and asked if that was something the City could participate in. Mr. Malon replied that staff would be involved in it. Mr. Janku wondered if the Council could get an update on what is developing regarding this issue within the State of Missouri. Mr. Malon said he would get a report back. As part of the report, Mr. Ash asked if staff could provide some details as to how Boone Electric's program works. Mr. Malon replied this information will be included.
    Mayor Hindman suggested placing the issue on the list of work sessions.
    Mr. Janku made the motion that the Council wait for the report and that the issue be placed on the work session schedule. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
 

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

BICYCLE/PEDESTRIAN COMMISSION
Pope, Fran E., 2407 Lynnwood, Ward 5 - term to expire 7/31/03

ENERGY & ENVIRONMENT COMMISSION
Collins, Nan, 1201 Paquin, Ward 1 - term to expire 6/1/06
Porter, Phillip J., 2709 Goldcrest Ct., Ward 5 - term to expire 6/1/06

HOUSING AUTHORITY
Parry, Fred J., 709 W. Broadway, Ward 1 - term to expire 5/31/07
Johnson, Jeffrey, 307 Trinity Place, Ward 1 - term to expire 5/31/04

MAYOR'S PHYSICAL FITNESS & HEALTH COMMITTEE
Oates, Carolyn N., 1363 Mesa, County

PARKS & RECREATION COMMISSION
Grus, Julia S., 910 Clayton, Ward 1 - term to expire 5/31/06
Kloeppel, Terry L., 4308 Watertown Pl., Ward 5 - term to expire 5/31/06
Knudson, Dennis R., 2100 Southwood Dr., Ward 6 - term to expire 5/31/06

PLANNING & ZONING COMMISSION
Wade, Jerry L., 1221 Bradshaw Ave., Ward 4 - term to expire 5/31/08

SUBSTANCE ABUSE ADVISORY COMMISSION
Hake, Austin G., 2407 Lubbock Ct., Ward 6 - term to expire 10/31/05
 

COMMENTS BY COUNCIL, STAFF AND PUBLIC
    Ms. Crayton asked that the community be pro-active in dealing with the unattended youth problem. She thanked everyone for working with her on this issue.

    Mr. Janku made a motion that staff be directed to report back on the cut through and traffic speed problems on Amazon Drive. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

    Mr. Janku commented that he had met today with a group of business people along 763 in north Columbia. They are interested in receiving staff support with a project they are about to undertake. He said they are interested in being notified about projects coming up in this area. Mr. Janku was hopeful something similar to a neighborhood association could be developed wherein the business group would be recognized and notified of zoning or other proposed projects or changes within this area. Mr. Janku asked for a report back on how this might be accomplished without undue burden on staff.

    Mr. Janku understood that when some FFA students were in town for their annual conference, some participants used The ARC and thought it was a great amenity. He wondered if staff is providing information to other conventions in the community about the availability of The ARC. He was hopeful there was a mechanism in place to get information out to visitors. Mr. Ash asked if the Convention and Visitors Bureau would be doing that. Mayor Hindman thought both the C&VB and hotels provided information to visitors about The ARC. Mr. John suggested that Ms. Steiner report back to the Council on this issue.

    Mr. Hutton reported a speed issue on Kelsey Drive where people cut through from Lake of the Woods Road to Rice Road. He commented that Public Works is doing preliminary work on it and he had gotten a report today about the average speed being 38 mph.
    Mr. Hutton made the motion that speed enforcement take place on that stretch of road and that Public Works report back on the potential for traffic calming/speed reduction remedies that could be put in place. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

    Regarding the stormwater issue on Spruce Drive, Mr. Hutton thought the City had made a mistake by allowing the rock formation to be placed in the front yard to line the bottom of the drainage ditch. Another mistake occurred when the subdivision above Spruce Drive was built and a collection system was allowed to be piped into Ms. Walters' back yard. Mr. Hutton commented that because Spruce Drive had been an unimproved street, there probably was not anything else to do with the water. He felt something needed to be done and asked for a detailed report from Public Works outlining the possibilities for the City and Ms. Walters.
    Mr. Janku suggested that in general, staff should consider using sod on projects rather than re-seeding areas.
    Mr. Hutton made a motion that Public Works provide a report as soon as possible. The motion was seconded by Mr. John and approved unanimously by voice vote.
    Mr. Patterson explained that staff met with Mrs. Walters and a letter was sent to her assuring her that the grass stand would be maintained until it was firmly seeded, and that the rock would be replaced with a concrete drain inlet to the box. He said they also assured her they would be making a detailed study as to the causes and solutions to her problem, even though this is not part of the street construction.

    Mr. Ash commented that the Chair of the Seven Oaks Homeowners Association requested that a traffic study be done now that construction in their neighborhood is complete.
    Mr. Ash made the motion that staff be directed to report back with an evaluation and possible solutions for the traffic situation in the Seven Oaks neighborhood. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

    Regarding the curfew issue, Mayor Hindman said the City needs to provide wholesome activities for kids. He said the curfew ordinance needs to take those things into consideration. Mayor Hindman noted that while Helen Khatsava was visiting here, she was gathering information as to the kinds of programs available in town. He wanted to see a booklet published with this information so that parents can be informed as to what community activities are available for their children.
    Mayor Hindman made the motion that staff be directed to report back on what it would take to finish the job Ms. Khatsava started. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.

    John Coffman, 1612 Wilson, spoke about the ambiguity underlying the controversy over the setbacks and replatting at 1407 Wilson Avenue. He acknowledged that Mr. Keevins has been meeting with residents on Wilson and Mr. Ash has been helpful in coordinating these meetings. He was hopeful a compromise could be worked out, but he was fearful this was a subject that will keep coming up. Mr. Coffman suggested a clarifying ordinance be drafted to address the apparent conflict between the setback requirements and the replat ordinance.

    Regarding the wind power report, Mr. Coffman's personal opinion was that charging consumers a different amount and allocating what source their energy comes from seemed like a gimmicky idea. He thought the best policy was for the City to set some long-term goals. Mr. Coffman said it could simply be an energy policy that says this is something the City wants to ultimately move towards.

    The meeting adjourned at 11:00 p.m.

                                                                                                Respectfully submitted,

                                                                                                Penny St. Romaine
                                                                                                City Clerk