M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
SEPTEMBER 16, 2002

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, September 16, 2002, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members JANKU, JOHN, COFFMAN, HINDMAN, and CRAYTON. Members HUTTON and LOVELESS were absent. The City Manager, City Counselor, City Clerk and various department heads were present.

APPROVAL OF MINUTES
    The minutes of the regular meeting of September 3, 2002, as well as the minutes of the special meeting of September 5, 2002, were approved unanimously by voice vote on a motion by Mr. John and a second by Mr. Janku.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mayor Hindman noted that B309-02 would be removed from the agenda (under Public Hearings).
    The agenda, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Ms. Crayton and a second by Mr. John.
 

SPECIAL ITEMS
    Mayor Hindman welcomed members from the All China Youth Federation who were present to observe the meeting.

SCHEDULED PUBLIC COMMENTS
    None.

PUBLIC HEARINGS
B299-02     Establishing Parks and Recreation fees.
    The bill was read by the Clerk.
    Mr. Beck noted that the proposed budget in this area showed a potential increase of about $71,000 in the recreation services division by raising some fees by nominal amounts.
    Mayor Hindman opened the public hearing.
    Mary Hussman, 5306 Rice Road, spoke on behalf of GRO (Grass Roots Organizing), about the fees outlined for the ARC. She stated that at the time of the election, she had been assured that the Center would be built for the entire community. The rates would be affordable with a wide range of public options. She has seen nothing in print that reflects the pre-vote promise to the people. Ms. Hussman thought the fee schedule was unacceptable for several reasons. She commented that some people cannot afford any fee schedule. She was opposed to the "free side only access" believing that it was demeaning and unacceptable. The group did not want economic segregation in any part of the Center.
    Angela Perry, 1801 W. Worley, said her children are looking forward to the opening of The Arc. She did not think she would be able to afford to send her kids to the Center after reviewing the fee schedule.
    Henry Lane, 1816 E. Broadway, reminded the Council that the Center was built to serve all citizens, primarily the youth.
    Mayor Hindman closed the public hearing.
    Mayor Hindman reported that the fees being proposed are essentially the same as what had been published at the time of the campaign. He pointed out that a total of $35,000 in scholarship funds has been included in the budget. In addition, $10,000 was spent this past year on scholarships. Mayor Hindman indicated the Parks and Recreation staff has been working on a system for administering scholarship funds as it pertains to the Arc.
    Mr. Coffman motioned that B299-02 be amended per the amendment sheet in regard to swimming fees. The motion was seconded by Mr. Janku.
    Ms. Crayton encouraged private citizens as well as corporate entities to contribute to the scholarship fund for the ARC.
    Mr. John noted that the annual pass for a youth would be 48 cents per day before the scholarship, and that a membership for a family of three would be 45 cents per day before the scholarship. He said staff is working on a program to make the ARC more available to those who cannot afford the fees.
    The motion to amend, made by Coffman, seconded by Mr. Janku, was approved unanimously by voice vote.
    Mr. Janku made the motion to further amend B299-02 per the amendment sheet relating to golf fees. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    Ms. Crayton objected to the definition of a senior couple.
    Ms. Crayton made the motion to amend B299-02 by changing the senior rate to read senior couple. The motion was seconded by Mr. Coffman.
    Mayor Hindman said he has been finding almost universally that when both spouses do not meet the "senior" definition, then the couple designation does not apply.
    Mr. John thanked the staff for looking into the issue and noted the report indicated that most cities do not have a "senior couple" designation. He also noted that in all Parks and Recreation fees, the senior definition is over 60.
    The motion to amend, made by Ms. Crayton, seconded by Mr. Coffman, was defeated by voice vote.
    B299-02, as amended, was read with the vote recorded as follows: VOTING YES: JANKU, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: HUTTON, LOVELESS. Bill declared enacted, reading as follows:
 

B300-02     Amending Chapter 27 of the City Code as it relates to water connection and meter fees.
    The bill was read by the Clerk.
    After reviewing the water utility budget, Mr. Beck commented staff recommended increasing revenues next fiscal year by 3%. He described the proposed changes.
    Mayor Hindman opened the public hearing.
    Ben Londeree, 2601 Chapel Wood Terrace, stated that a year ago he presented the Council with the infrastructure costs for growth in Columbia, which was in excess of $30,000 for each new lot developed. Within that, he said approximately $2,000 represents the cost of providing capital infrastructure necessary for water treatment and delivery. Mr. Londeree presumed that this also would be reflected in sewer rates. He noted there is also a development fee for collector and arterial roads. Mr. Londeree asked the Council to give serious consideration to increasing these fees because all utility rates are elevated due to new growth.
    Mayor Hindman closed the public hearing.
    B300-02 was read with the vote recorded as follows: VOTING YES: JANKU, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: HUTTON, LOVELESS. Bill declared enacted, reading as follows:
 

B301-02     Amending Chapter 27of the City Code as it relates to water service rates.
    The bill was read by the Clerk.
    Mr. Beck explained that the Council had been looking at two alternatives as a part of the overall plan to raise revenues by 3% to offset operating costs, depreciation and for debt reduction. The Water and Light Advisory Board and staff submitted a proposal to the Council relating to what rate structure should be used. After a work session on the issue, the Council asked that an amendment sheet be prepared for the purpose of discussing a flat rate. Staff estimates that this increase would generate $277,000 to the water utility. The estimated cost of the increase to the average user would be about 50 cents per month.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Coffman motioned that B301-02 be amended per the amendment sheet. The motion was seconded by Ms. Crayton.
    Mr. John reported that the Advisory Board's recommendation would rationalize the bill process and establish a flat fee for infrastructure and a usage fee. He said the small customer would see a slight increase. The larger user would see quite a bit of a financial increase, several hundred dollars versus 40 cents. Mr. John stated the recommended amendment accomplishes several goals; it establishes a flat fee to cover infrastructure costs, the rate is based on usage, and it levels out the billing process.
    Mr. Janku noted that the difference between the two rate proposals comes to 11 cents per month. He preferred the "user pays" concept. Mr. Janku stated the Board's recommendation is an attempt to more accurately charge for actual usage.
    Mr. Coffman disagreed and said there are different ways the costs could be allocated in a fair way. He felt most customers would prefer that costs be based on volume -- what is used as opposed to paying a flat fee.
    The vote on the amendment, made by Mr. Coffman, seconded by Ms. Crayton, was defeated by voice vote.
    B301-02 was read with the vote recorded as follows: VOTING YES: JANKU, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: HUTTON, LOVELESS. Bill declared enacted, reading as follows:
 

B302-02     Amending Chapter 26 of the City Code to increase the development charge for new construction.
    The bill was read by the Clerk.
    Mr. Beck noted that funds received from the development fee are used to help pay for collector and arterial street costs.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B302-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: HUTTON, LOVELESS. Bill declared enacted, reading as follows:
 

B303-02     Adopting the Special Business District Budget.
    The bill was read by the Clerk.
    Mr. Beck explained that this geographic area of the city has a separate tax and these funds are used to make improvements within the area.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B303-02 was read with the vote recorded as follows: VOTING YES: JANKU, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: HUTTON, LOVELESS. Bill declared enacted, reading as follows:
 

B304-02     Amending the Employee Health Care Plan relating to the prescription drug benefit.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the next several items relate to employee issues which were discussed at work sessions and public meetings. This particular ordinance relates to the prescription drug program. He noted that the City's costs for this program have increased by 38%. Mr. Beck explained the increases proposed.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B304-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: HUTTON, LOVELESS. Bill declared enacted, reading as follows:
 

B305-02     Establishing group insurance premiums for the Employee Health and Dental Care Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck noted a 5% increase is proposed with the City paying employee costs, and the employee would pay for the increase to any family plans.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B305-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: HUTTON, LOVELESS. Bill declared enacted, reading as follows:
 

B306-02     Amending the Classification Plan and adopting the FY 2003 Pay Plan.
    The bill was given second reading by the Clerk.
    Because of the limitations in the budget, Mr. Beck commented that the plan incorporates a 1% cost of living increase or a 13.5 cent increase, whichever is greater, and a $300 one time payment. No merit increases are included this year.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. John made the motion that B306-02 be amended per the amendment sheet. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    B306-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: JANKU, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: HUTTON, LOVELESS. Bill declared enacted, reading as follows:
 

B307-02     Amending Chapter 19 of the City Code relating to personnel policies, procedures, rules and regulations.
    The bill was given second reading by the Clerk.
    Mr. Beck said this would implement changes made to the overall personnel package. He noted seven items were listed in the staff report.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B307-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: HUTTON, LOVELESS. Bill declared enacted, reading as follows:
 

B308-02     Amending the LAGERS benefit program for city employees.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that most city employees belong to this retirement program. There have been substantial reductions in the costs to the City for this plan, and staff believes it is an opportune time to enhance it.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B308-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: HUTTON, LOVELESS. Bill declared enacted, reading as follows:
 

B310-02     Amending Chapter 18 of the City Code pertaining to Police and Fire Pension Plans.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the uniformed police and fire personnel are under a separate retirement plan. Since the LAGERS fee was increased, it was felt there should be some enhancements to their program. Included in this ordinance is the intent to set aside 1½% of the cost the Police employees pay toward their retirement plan and 1% in the Fire Department. Mr. Beck noted a mediation process had been followed in the Police Department and some changes could still be forthcoming.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Janku made the motion that B310-02 be amended per the amendment sheet. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    B310-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: JANKU, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: HUTTON, LOVELESS. Bill declared enacted, reading as follows:
 

B265-02     Adopting the FY 2003 Budget.
    The bill was read by the Clerk.
    Mr. Beck explained the City budget as presented in accordance with municipal accounting practices totals $221,753,000. Approximately $155,700,000 goes toward the actual operations of all governmental services being provided. Without a substantial projected increase in electric costs, that would amount to about a 3.8% increase to operational costs. The general fund portion of the budget makes up about $52,000,000 of the total, and the remainder goes primarily to enterprise-type operations such as water, electric and sanitary sewer. Mr. Beck noted that amendment sheets have been prepared based upon public presentations and the Council's review of such. He set aside $75,000 for Council reserve so that special issues could be addressed as a result of public hearings and commission input.
    Mayor Hindman opened the public hearing.
    Art Dyer, 2723 Pine Drive, President of the Board of The Intersection, asked that $50,000 be transferred from the CDBG sidewalk account for the first ward to The Intersection. He noted this had been the recommendation of the Commission.
    Kristin Carter, 1711 Kitty Hawk, spoke in favor of Fun City Youth Academy. She participated in this program when she was younger and it had a great impact on her life. She thanked the Council for their continued support of the program.
    Mayor Hindman closed the public hearing.
    The amendment sheets were displayed on the overhead. Ms. Fleming pointed out that the contingency items were included on the CDBG page as part of that total.
    Mr. Janku made the motion that B265-02 be amended per the amendment sheets. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
    Ms. Crayton asked when sidewalks would be constructed in the first ward. Mr. Beck said the area would be surveyed with input from the neighborhoods. He believed the walks should be constructed in the upcoming fiscal year. Ms. Crayton asked if there were any other funds available for The Intersection. Mayor Hindman said there were not, unless another program's funding is reduced. Ms. Crayton asked if it would be possible for the City to write letters of support so the group could apply for funding thru other sources. Mayor Hindman responded that is often done.
    B265-02, as amended, was read with the vote recorded as follows: VOTING YES: JANKU, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: HUTTON, LOVELESS. Bill declared enacted, reading as follows:
 

B284-02     Declaring the need to acquire land on Clarkson Road adjacent to the MKT Trail for open space and park purposes; authorizing acquisition by negotiation or, if necessary, condemnation.
    The bill was read by the Clerk.
    Mr. Beck displayed overheads explaining what process would be followed if the Council were to approve the request of the Grassland Neighborhood Association. The subject site of the proposed park was displayed as was the property proposed for development on the cul-de-sac. If the request is granted, Mr. Beck said the Council would need to determine the maximum amount to be assessed and the manner in which it would be assessed. He indicated the Council would also have to decide where the money would come from to fund the project.
    Mr. Beck spoke of other issues discussed earlier relating to how the financing would be handled under the proposals. He stated the applicant's attorney mentioned letters of credit being given to the Council to assure financing. Mr. Beck said the City would be utilizing $535,000 from the designated loan fund up front, with $150,000 being returned at the closing of the purchase. The Council would need to adopt an ordinance appropriating funds from the designated loan fund in the amount of $535,000. This ordinance could be introduced at the October 7th meeting for passage at the October 21st meeting. Another ordinance would have to be approved which would assess the property owners for the $400,000. If the Council wishes to proceed with the duplex arrangement, Mr. Beck stated an ordinance would have to be approved to rezone the property from R-3 to R-2. After that, another ordinance would have to be passed to subdivide the property into three lots for duplex development. He related that the City would retain a buffer along the creek and the size of the lots would be large enough to support the duplex development.
    Mayor Hindman opened the public hearing.
    Dan Simon, an attorney with offices at 203 Executive Building, appeared on behalf of the Grasslands Neighborhood Association and outlined this complex transaction. The neighborhood has asked the City Council to purchase from Planet Development, LLC, a 5.4 acre tract of land located on the north side of Clarkson Road for an agreed upon price of $680,000. Ultimately, he said not one dime of that money would come from public funds but from the residents of Grasslands. Residents have asked the City to front $530,000 of the purchase with the understanding it would be entitled to immediately recover $130,000 from the sale of up to three duplex lots at $45,000 per lot. Mr. Simon this would be guaranteed by a letter of credit. He reported some residents in the Grasslands have made an additional pledge of over $150,000 and, again, he will be providing a letter of credit which would assure this money would be available at the closing. Of the $530,000.00, he said $130,000 would be immediately recovered and the balance would be funded through a special tax district.
    Using a map, Mr. Simon pointed out the tract in question. He pointed out the closest public parks to the Grasslands neighborhood are on Stadium Boulevard or Worley Street (Douglass Park). He reiterated the resident's concerns relating to traffic.
    Mr. Simon summarized how the developer and residents arrived at the $680,000 agreed upon price. He reported that residents have consented to accept the $400,000 gross tax bill against individual tax parcels (every lot and every condominium unit in Grasslands) with that amount to be equally apportioned among each separate tax parcel. In addition, he noted that a substantial number of residents have agreed to make charitable donations to the City of at least $150,000, the funds of which would be used by the City to acquire this property. Mr. Simon handed the City Clerk an irrevokable letter of credit issued by Boone County National Bank which guarantees the City the $150,000 will be available. To deal with the shortfall of $130,000, Mr. Simon explained that they have obtained an identifiable designated purchaser who guarantees to the City, if the City will subdivide up to three duplex lots in this area, to pay at least $45,000 per duplex lot. He said the land could bring more than $45,000 per duplex lot, and if it did, the residents hoped that this money would be used to develop the park. However, Mr. Simon noted that they would not ask for guarantees in that respect. He handed the City Clerk an irrevokable letter of credit from Boone County National Bank that guarantees the obligation of Albert M. Price, identified purchaser, to purchase the lots on call by the City and will pay the purchase price plus expenses as described.
    Regarding the $400,000 that would be outstanding, Mr. Simon said a very substantial number of people in the Grasslands will pay the tax bills up front because it would not be intelligent to borrow this money from the city at a rate of 9% per annum. Based on a poll conducted this weekend, he believed that 65-70% of the residents would immediately prepay their tax bills which amounts to approximately $2,200 per taxable parcel.
    In reference to the duplex lots, Mr. Simon said these would be located in the westernmost area closest to the cul-de-sac bulb, but this cannot be currently specified as some engineering work will need to be done to ensure this area is developable. The lots will front on Clarkson and the rest of the land will be retained by the City to be used as a buffer if so desired. Mr. Simon reported the residents ask that the property be zoned or restricted by private covenant so there can be no more than three duplexes, and for reasonable architectural control provisions and use restrictions so these will be similar to the ones on the south side of Clarkson. He verified these conditions are acceptable to Mr. Price.
    Pramote Kanta, 1304 Subella, explained that he is a former resident of University Heights while he was a graduate student at the University. He said a park in this location would be very beneficial to the married students with children.
    John Ott, 212 Bingham, spoke on behalf of the Grasslands Neighborhood Association, in support of the issue. He reiterated the positive aspects for their neighborhood and those of University Village and University Heights.
    Eleanore Farnen, 103 E. Brandon, felt the purchase of parkland in the center of the city is an investment in the quality of life for all Columbians. She said that quality of life is key to economic viability.
    Fran Pope, 2407 Lynnwood, thanked the residents of the Grasslands for providing the final piece of buffering along the MKT trail. She asked the Council to support their efforts.
    Craig VanMatre, an attorney with offices at 1103 E. Broadway, spoke on behalf of the developer, Mr. Morningstar and Planet Development. He reported that a deal was made based on the premise that this is an involuntary conversion, that the property would not have been condemned but for this deal, and that the $680,000 will come from the City in the context of this acquisition, even though it will be reimbursed by the neighbors. If this issue is approved, he indicated that Mr. Morningstar expected to turn over the deed in return for a check from the City in the amount of $680,000.
    Norman Lenhardt, 1118 St. Christopher, said a six acre park does not encourage infill development, but rather encourages more sprawl. He suggested a one-acre park and the rest made into housing that would pay taxes. Mr. Lenhardt noted the proximity of the property to the campus and he believed it would be a great place for beer busts because students would be able to walk back home.
    John Clark, 403 N. Ninth, President of the North Central Columbia Neighborhood Association, spoke in favor of the purchase. He suggested the City study stale open zoning, both residential and commercial.
    Mayor Hindman closed the public hearing.
    Mayor Hindman believed this to be an excellent proposition for the City and appreciated the neighborhood looking out for themselves.
    Mr. John reported the Grasslands neighborhood had been looking for a place to put a park for a long time. He commented there was no true realization that this property was on the market because residents had signed a covenant with the previous developer stipulating that all future construction would be congenial to the neighborhood. Subsequently, this developer passed away and the heirs decided to sell the property. Mr. John noted that in the past, the City has purchased property under the threat of condemnation throughout Columbia for trail and park purposes. He pointed out that this particular parcel was considered for a buffer when property for the original trail buffer was being purchased. However, the cost had been too high and the City did not have the funds to purchase it at that time. Mr. John believed this is not a parcel that would create a lot of tax benefit as infill. Even high density residential is more costly to maintain than it provides in taxes. Mr. John stated the only way the City can balance its budget is on commercial development. He asked the Council to support the issue.
    Mayor Hindman made the motion to amend B284-02 per the amendment sheet with the first two sentences of Section 6 reading as follows: "The property within the benefit district shall be assessed in a total amount not to exceed $400,000. Special assessments shall be levied against all legal parcels of property in the district in the same amount." The rest of the paragraph would remain the same. The motion was seconded by Mr. John and approved unanimously by voice vote.
    B284-02, as amended, was read with the vote recorded as follows: VOTING YES: JANKU, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: HUTTON, LOVELESS. Bill declared enacted, reading as follows:

    Mr. John made the motion that staff be directed to prepare an appropriation ordinance from the designated loan fund in accordance with the proposal. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    Mr. Boeckmann said the other legislation could follow and that staff's presumption is that they are to proceed in accordance with the proposal.
 

B315-02     Authorizing construction of water main serving Evergreen Acres, Plats 2 and 3.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this involves a 2,400 foot long water main wherein the City would be paying the differential cost between a six-inch and a twelve-inch main in accordance with City policy. The estimated cost of the project is $34,270 which would be paid from the Water and Light fund.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B315-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: HUTTON, LOVELESS. Bill declared enacted, reading as follows:
 

B317-02     Authorizing construction of improvements to Valley View Neighborhood Park.
    The bill was given second reading by the Clerk.
    In the current budget, Mr. Beck explained that $51,000 had been included for improvements to the Valley View Neighborhood Park located in northwest Columbia. The proposed improvements include a small park shelter, a single unit picnic shelter and new walkways to provide access to the structures. Funding for the project includes $33,000 from the City's ¼ cent 1999 sales tax and $18,000 in force account labor.
    Mayor Hindman opened the public hearing.
    Larry Hine, 2505 Primrose, spoke in support of the proposal for improvements to the Valley View Park.
    Mayor Hindman closed the public hearing.
    Mr. Janku explained that some of the improvements had been originally proposed by a resident and a lot of consultation transpired between staff and the neighborhood. He was pleased to see the flexibility in the design.
    B317-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: HUTTON, LOVELESS. Bill declared enacted, reading as follows:
 

B320-02     Rezoning property located approximately 535 feet north of I-70 Drive Northwest and approximately 1,250 feet west of Garden Drive from A-1 to R-1.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this 6.2 acre tract is located in northwest Columbia. Both staff and the Planning and Zoning Commission recommend approval of the request.
    Mayor Hindman opened the public hearing.
    Ron Lueck, a land surveyor with Marshall Engineering and Surveying, explained that this was something that slipped through the cracks as he assumed the tract was already zoned R-1.
    Mr. John asked about another A-1 zoned lot and whether it was also a part of this parcel. Mr. Lueck said that property will be transferred over to the church.
    Mayor Hindman closed the public hearing.
    B320-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: HUTTON, LOVELESS. Bill declared enacted, reading as follows:
 

B321-02     Approving Stephens College Master Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck reported that the Stephens College Master Plan was first approved in 1962. This is a revision to their current plan. He noted that the land where the stables are and the land the city purchased have been removed from the plan. Both staff and the Planning and Zoning Commission recommended approval of the revisions.
    Mr. Coffman believed a master plan is an exception to zoning protections for this particular entity. He asked if that was correct. Mr. Boeckmann replied that was not exactly correct. He stated that colleges are an allowed use in an R-1 district, but before a building permit is issued, the entity must submit a plan reviewed by Planning and Zoning and approved by the Council. Any buildings to be constructed must be shown on the plan in regards to their location. Mr. Boeckmann explained that uses are established by zoning, not by a plan. He said that whatever use is made of the property by the college has to be college related.
    Mr. Coffman asked what happens when the college leases property and the uses that would be permitted. If the property is leased and not used for college purposes, Mr. Boeckmann said it would revert to whatever the underlying zoning is. Mr. Coffman inquired if the plan offers the same protection as a site plan does. Mr. Dudark responded that a master plan is representative of the intent of a college to develop their property according to the plan, but the zoning ordinance would still apply.
    Mayor Hindman opened the public hearing.
    Dan Simon, an attorney with offices at 203 Executive Building, appeared on behalf of Stephens College. He indicated the College has been considering substantial modifications to its master plan since 1995. He noted the change in the needs of the college with respect to its educational mission. Recently, he explained that the College hired the HMTB firm from Kansas City and John Simon, a local architect, to work with them on their Master Plan. Mr. Simon pointed out that the College has gone through an extensive meeting process with the City staff, representatives of all of the relevant neighborhood associations, and the Downtown Columbia and Special Business District. He explained that the last page of the plan describes the changes Stephens intends to make. The plans include moving the administrative functions from Hickman Hall to Leela Rainey Wood Hall. When that is accomplished, Mr. Simon reported the old south campus, with the exception of Senior Hall, will likely become surplus property. Regarding Mr. Coffman's question, he said the College takes no position that somehow by indicating their intention to lease or develop a particular parcel, that the tracts are not subject to the zoning ordinance. They believe the tracts would be subject to the zoning ordinance. If the College wants to use the property in such a way that is not permitted in R-3, a zoning change would be required.
    Regarding the equestrian facilities, Mr. Simon said there is no present intention to dispose of such. In the interest of openness, he said the College is telling the Council that it is becoming increasingly difficult to operate the equestrian program in the heart of Columbia. Mr. Simon stated the day may come when the program will be moved to another location, at which time the property will become surplus and available for development, sale or leasing, again subject to the zoning ordinance and the overlay district. Mr. Simon explained that Stephens does not anticipate that happening, but wanted to reveal everything they felt might happen.
    Mr. Simon summarized that if the Plan is approved and implemented, the college will primarily be located on the east side of College Avenue. Its academic functions will be located north of Broadway, south of Walnut, its residential functions will be located primarily south of Walnut, and its theatre, dance and some sports programs will be east of College Avenue and north of Broadway.
    Mr. Coffman asked to what extent the Plan addresses the equestrian operations. Mr. Simon pointed out that it is shown as property number 33 and addressed in three different locations in the Plan and in the verbal materials of such. He reported it provides that, while there is no present intention to dispose of the property, it may in the future become surplus. Mr. Coffman noted that the Plan said the college may sell or develop the property for use as apartments, offices, a retirement center or other lawful uses. Mr. Simon responded that if and when the property becomes available, the College may sell it for any of those uses, but of course the zoning ordinance would apply. Mr. Coffman wondered if the college is exempt from the overlay district. Mr. Simon did not think that to be the case. He understood a planned district would be exempt from the overlay, so if it is developed as a PUD, it would not be subject to the additional requirements of the overlay. Mr Dudark added that a planned district must be approved by the Council.
    Mr. Janku asked about any changes in use for the gymnasium. Mr. Simon responded that there were none.
    Mr. Coffman questioned if the college decided to change one of the academic properties to a lease situation, whether the Plan would have to be amended. Mr. Simon thought if there is something shown on the Plan as an academic property which will be subsequently sold or leased for something else, i.e., an apartment, then it would have to be amended. He noted the entire block including the Old South Campus was specifically shown as being subject to lease. In that case, he did not believe an amendment would be necessary. If the prospective developer wanted to construct offices or commercial uses on a tract, then they would have to procure a zoning change. Mr. Simon stated that there is no plan to lease, sell or otherwise dispose of Old Senior Hall. If the block is leased or made available for development, that shown in red (#14) will be retained in use by the college.
    Mayor Hindman closed the public hearing.
    Mr. Coffman remarked that he still believed the master planning process needed work.
    B321-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: HUTTON LOVELESS. Bill declared enacted, reading as follows:
 

OLD BUSINESS
B318-02     Approving the Rock Quarry PUD Site Plan.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained that the property is located on the west side of Rock Quarry Road. He noted that it consists of almost 21 acres and the proposal is to construct 56 units consisting of four, three and two unit structures. The total development density would be just under three units per acre with the maximum building height at 38 feet. Mr. Dudark displayed the PUD site plan and pointed out a street coming off of Rock Quarry and private drives serving the units. The street would have a cul-de-sac at the end, but would also stub out to connect to the property to the north. Mr. Dudark also pointed out an area which would be reserved for open space. The Planning and Zoning Commission recommended approval of the plan subject to two conditions. The first was that the final plat show green space trail and conservation easements that correspond to the Rock Quarry Road Special Area Plan. The second condition is that a payment of $8,870 for improvements to Rock Quarry Road be made prior to approval of any final plats for the property.
    Mr. John noted a connection coming in from the south. Mr. Dudark pointed it out on the overhead and said it was where the north/south road would come in.
    Mayor Hindman asked about the length of the cul-de-sac.
    Bill Crockett, 2608 N. Stadium, replied that the cul-de-sac is 300 to 400 feet long; however, when considering the entire street length, it is about 1,100 or 1,200 feet long. He said it is highly likely that at some time in the future a street would be stubbed to the south. If it is located at the approximate spot where a traffic way is shown on the plan, then the cul-de-sac length from that point back would be 700 to 800 feet. Mr. Crockett clarified that the plan shows 25 buildings, for a total of 56 living units. He indicated that the developer is not opposed to incorporating the two conditions recommended by the Planning and Zoning Commission.
    Realizing this is not a collector street, Mayor Hindman suggested five foot sidewalks on Rolling Rock Drive because it will provide pedestrian access to Rock Quarry Road. Mr. Crockett asked about future plans for Rock Quarry Road. He is hesitant to encourage pedestrian traffic on Rock Quarry Road in its current condition. Mayor Hindman thought Rock Quarry will be improved in the future.
    Mr. Janku asked about the south extension. Mr. Crockett explained that the plan that will be coming before the Council for that area was developed considerably after this plan. When the street is contiguous to the property line, the developer is not concerned where it is stubbed in as over 400 feet is contiguous to the adjoining property.
    Jason Ramsey, 904 Manhattan, encouraged the Council to accept the recommendations of the Planning and Zoning Commission because they supported the considerations voiced by the neighborhood.
    Mayor Hindman made the motion that B318-02 be amended to include five foot sidewalks along Rolling Rock Drive. The motion was seconded by Mr. Janku.
    Mr. John pointed out there are probably 28 driveway accesses along the length of the street, and pedestrians should not have a problem passing on the sidewalk. He commented on the amount of impervious surface area within this development.
    The motion to amend, made by Mayor Hindman, seconded by Mr. Janku, passed by voice vote.
    B318-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: JANKU, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: HUTTON, LOVELESS. Bill declared enacted, reading as follows:
 

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

B311-02     Accepting easements and quit claim deeds for drainage, sewer, street, sidewalk and utility purposes.

B312-02     Calling for bids for the Hardin-Donnelly Phase II Drainage Improvement Project.

B313-02     Authorizing application for FY2003 Transit Operating and Capital Assistance Grants.

B314-02     Approving Change Order No. 1 to the contract with Professional Contractors and Engineers, Inc. for construction of the South Pump Station.

B316-02     Accepting a grant of easement for water utility purposes from Broadfield Properties, LLC.

B319-02     Approving the replat of Lot 4, Sedona Villas, Plat 1.

B322-02     Amending Chapter 2 of the City Code as it relates to closed records.

B323-02     Appropriating Tourism Development Grant funds for the Columbia Festival of the Arts.

R175-02     Setting a public hearing: construction of water main along Bettina Drive from Texas Avenue to Parkade Boulevard.

R176-02     Setting a public hearing: FY2003 Action Plan.

R177-02     Authorizing an agreement with the Missouri Highway and Transportation Commission for FHWA and FTA Planning Grants.

R178-02     Renewing an agreement with the State of Missouri for the Maternal Child Health Program.

R179-02     Renewing an agreement with the State of Missouri for the WIC Program.

R180-02     Authorizing adopt a spot agreements.

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

NEW BUSINESS
R181-02     Establishing the Employee Benefit Committee.
    The resolution was read by the Clerk.
    Mr. Beck explained that the Council requested that an Employee Benefits Committee be re-established.
    Ms. Buckler reported that this would establish something similar to what had previously existed, but more direction would be given. She will recommend the projects the Committee should review upon approval by the City Manager.
    The vote on R181-02 was recorded as follows: VOTING YES: JANKU, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: HUTTON, LOVELESS. Resolution declared adopted, reading as follows:
 

R182-02     Approving the by-laws of The Oaks Neighborhood Association.
    The resolution was read by the Clerk.
    Mr. Beck noted that the request meets guidelines and is ready for Council action.
    The vote on R182-02 was recorded as follows: VOTING YES: JANKU, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: HUTTON, LOVELESS. Resolution declared adopted, reading as follows:
 

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

B324-02     Voluntary annexation of property located at the eastern terminus of Rice Road and the southern terminus of Shamrock Drive, southeast of Indian Hills Park; establishing permanent R-2 zoning.

B325-02     Voluntary annexation of property located on the south side of Highlands Court, west of Bentpath Drive; establishing permanent A-1 zoning.

B326-02     Adopting the Rock Quarry Road Special Area Plan.

B327-02     Approving the final plat of Highview Subdivision, Plat 2, a replat of portions of Highview Subdivision; granting a variance from the Subdivision Regulations.

B328-02     Approving the final plat of Thornbrook, Plat No. 9.

B329-02     Establishing permanent R-1 zoning on property located on the northeast corner of State Route K and Sinclair Road.

B330-02     Vacating a sanitary sewer easement within Lot 4 of Dinwiddie Industrial Park Subdivision.

B331-02     Approving the "Johnson Medical Clinic" O-P Development Plan.

B332-02     Authorizing Change Order No. 1 to the contract with Garney Construction for the Scott Boulevard Water Main Project; appropriating funds.

B333-02     Authorizing construction of water main along Bettina Drive from Texas Avenue to Parkade Boulevard.
 

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

(B)    Street Closure Request.
    Mr. Beck explained the request to close Elm Street from the west side of Eighth Street to the east side of Sixth Street, along Peace Park, on Sunday, September 22, from 10:00 a.m. to 7:00 p.m.
    Mayor Hindman made the motion that the request be granted as written. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
 

(C)     Bicycle/Pedestrian Commission Report: Possible Revisions to City Ordinance 14-503, Providence Road Crosswalks and Scott Boulevard Reconstruction Project.
    Mr. Janku questioned the recommendation regarding riding single file and its applications.
    Mayor Hindman suggested the ordinances be prepared, at which time the Council could discuss them and vote them up or down.
    Mr. John suggested that the Council request a staff report on the issues before the ordinances are prepared. Mayor Hindman agreed.
    Mr. John made the motion that staff be directed to report back on what the ordinances would actually do. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Regarding the crosswalks, Mayor Hindman suggested the Council again ask for a report on the issue.
    Mayor Hindman made the motion that staff report back on the crosswalks referred to in the report. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

(D)     A Proposal to Name and Rename Streets in Conjunction with the New State Route AC Roadway Project.
    Mr. Beck related that staff met with MoDOT and Joint Communications and had come up with two naming alternatives and the corresponding pros and cons of each option. He said it would be desirable to have one name on the corridor.
    Mr. Dudark reported the committee favored option one which would name Nifong continuously from 63 all the way west. He said that would require renaming the existing Nifong, old Route AC.
    After further discussion, Mr. Coffman made it clear that the Council were not debating any changes to be made right now. Before renaming occurs, public hearings will be held and suggestions welcomed.
    Mr. Coffman made the motion that the issues be referred to the Planning and Zoning Commission to initiate the public hearing process. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

BOARDS AND COMMISSIONS
    Upon receiving the majority vote of the Council, the selected individuals were appointed to the following Boards and Commissions:

COMMUNITY DEVELOPMENT COMMISSION
Ramsey, Jason C., 904 Manhattan, Ward 6 - term to expire 11/1/04

CONVENTION & VISITORS ADVISORY BOARD
Baker, Edward L., 1804 Katy Lane, Ward 4 - term to expire 9/30/04 (O/O)
Beard, Joan T., 154 W. Green Meadows Rd., Ward 5 - term to expire 9/30/04
Cecil, Gregory A., 1700 Oak Cliff Place, Ward 4 - term to expire 9/30/04
Gelatt, Rod G., 1020 LaGrange Court, Ward 5 - term to expire 9/30/04
Hostetler, Lynn D., 1204 Hulen Drive, Ward 4 - term to expire 9/30/04
Jashnani, Leela, 2708 Bluff Creek Drive, Ward 6 - term to expire 9/30/04 (O/O)
Kovall, Kevin S., 803 Royal Birkdale, Ward 5 - term to expire 9/30/04 (O/O)

DISABILITIES COMMISSION
Benfield, Judy A., 5509 Arrowwood, Ward 3 - term to expire 9/30/03
Secora, Mary 923 Hulen Drive, Ward 4 - term to expire 9/30/04

BOARD OF HEALTH
Sohl, David W., 801 N. Ann, Apt. 3 - term to expire 8/31/05 (Layperson)

INTERNET CITIZENS ADVISORY GROUP
Greer, Wayne, 2811 Skylark, Ward 5 - term to expire 10/15/05
Robertson, Michael G., 108 W. Forest, Ward 1 - term to expire 10/15/05

NEW CENTURY FUND BOARD OF DIRECTORS
Battle, Muriel W., 2200 W. Rollins, Ward 4 - term to expire 9/30/03
Digges, Kathryn Y., 7 Bingham, Ward 5 - term to expire 9/30/03
Gray, Susan I., 416 Lathrop, Ward 4 - term to expire 9/30/03
Ott, John W., 212 Bingham, Ward 5 - term to expire 9/30/03
Pfeffer, Walter L., II, 1405 Overhill, Ward 4 - term to expire 9/30/03
Roper, Robert L., Jr., 3400-3 Woodrail Terrace, Ward 5 term to expire 9/30/03

PERSONNEL ADVISORY BOARD
Dunscombe, Vicki B., 3428 Woodrail Terrace, Ward 5 - term to expire 9/30/05
Jenks, Ronald R., 5501 Carrick Court, Ward 5 - term to expire 9/30/05
Kamps, Thomas H., 1107 Club Meadows, Ward 5 - term to expire 9/30/05
 

COMMENTS BY COUNCIL, STAFF AND PUBLIC
    Ms. Crayton mentioned a constituent who purchased a new home with partial funding from the City's housing assistance program. Since moving into her home in June, this lady has found several items that need repair or replacement. Ms. Crayton indicated that the homeowner has reported these items, but they have yet to be taken care of. Mr. Janku responded that if this is a CDC home, the City should be able to talk to the administrator of the program and have them converse with the builder. As a homeowner, Mr. John noted that the buyer is responsible for that home with the builder. He said if it is a CDC built home, this information should be forwarded to them so that they can follow-up. If the contractor turns out to be unreliable, then they can pull this individual from the list of contractors they use to build CDC homes.

    Ms. Crayton thanked everyone for their cards, flowers and prayers during her recent hospitalization.

    Mr. Coffman complimented the Public Works Department for their quick response to trash pick-up as the students moved back to Columbia this year.

    Mr. Janku commented that he had attended a meeting relating to the Business Loop Improvement Project. He related there was a very enthusiastic response among the property owners and other interested participants. He reported someone volunteered to set-up a business association for the area.
    Mr. Janku made the motion that staff be authorized to provide any necessary assistance in terms of helping with a list of property owners, mailings, etc. to get this initiated. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

    Mr. Janku has heard from constituents regarding the quarry on Creasy Springs Road. The residents are concerned about the recent increase in blasting intensity, as well as the possible overloading of trucks which contributes to rock and debris collecting in bike lanes. Mr. Janku asked that staff contact the quarry in regards to these two issues.

    Mr. Janku thanked Public Works for the reports on various sidewalk gaps. On Smiley, he noted that almost all of the gaps have been filled in between Derby Ridge and Oakland. He wanted to see the few remaining gaps completed as part of the annual sidewalk project.

    Mr. Janku spoke about the lack of a pedestrian crossing and stop sign at Silvey and Worley. He asked that something be done to anticipate the pedestrian crossings adjacent to the school and the park.

    Mayor Hindman commented on the Forum/Stadium area. He said residents would like a pedestrian crossing with a traffic light at Highridge and Forum. Mayor Hindman preferred that staff look at the entire Forum stretch. He said people crossing Stadium at Forum find it difficult to go down Forum and get to the west side. There is also concern about pedestrians being stuck on the island for long periods of time because traffic in the right hand turn lane is not yielding to them. Mayor Hindman noted that there are wide sidewalks and shoulders along Forum, and he suggested curb cuts that would make it possible to get onto the walks in the proper places. He also asked that the bridge situation be looked into. He thought the driving lanes could be narrowed to allow for more room in the bike lane (move the striping).
    Mayor Hindman made the motion that staff be directed to look at the whole Forum Boulevard area and report back with recommendations. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

    The meeting adjourned at 10:50 p.m.

                                                                                                Respectfully submitted,

                                                                                                Penny St. Romaine
                                                                                                City Clerk