JANUARY 5, 2004

M I N U T ES
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
JANUARY 5, 2004

INTRODUCTORY

The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, January 5, 2004, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN and ASH were present. The City Manager, City Counselor, City Clerk and various Department Heads were also present.

APPROVAL OF MINUTES

The minutes of the regular meeting of December 15, 2003 were approved unanimously by voice vote on a motion by Mr. Hutton and a second by Ms. Crayton.

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA

Mayor Hindman noted that Report D would be added to the agenda.

Upon his request, Mr. Ash made the motion that Mr. John be allowed to abstain from voting on R2-04 (Consent Agenda). The motion was seconded by Mr. Hutton and approved unanimously by voice vote.

The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion by Mayor Hindman and a second by Mr. Ash.

SPECIAL ITEMS

Mayor Hindman welcomed Scout Troop 705 from Christian Fellowship along with their Scout Master, Jeff Moe. The young men were working on their citizenship badges.

Resolution of Appreciation - Richard Malon.

Mr. Beck pointed out this would be Mr. Malon's last Council Meeting as Water and Light Director for the City of Columbia. He stated that Mr. Malon has done an outstanding job and that a lot of major improvements have taken place under his leadership. Thanks to Mr. Malon, the City of Columbia is a national leader in working out territorial agreements with other utilities around the fringes of the City. During his tenure with the City five ballot issues were approved for water and electric utility. Mr. Beck thanked him for the great work he has done and for attending the many Council Meetings he has over the years.

Mayor Hindman presented Mr. Malon with a framed Resolution of Appreciation and thanked him for all he has done for the City of Columbia.

Mr. Malon thanked the present and past Council Members and Advisory Board Members he has worked with for the past 24 plus years. He stated that these people have always been very supportive of the things his staff needed to do to help get through all of the growth that has occurred within the City. Mr. Malon remarked that Columbia is a great community and he planned on remaining in the City. He volunteered to help out if needed in the future.

SCHEDULED PUBLIC COMMENTS

None.

PUBLIC HEARINGS

B407-03 Voluntary annexation of City owned property located at the western terminus of Manhasset Drive, south of Smith Drive.

The bill was given second reading by the Clerk.

Mr. Beck explained this to be a 9.4 acre tract owned by the City of Columbia. It was purchased for future park land in west Columbia. Both the Staff and Commission recommend approval.

Mayor Hindman opened the public hearing.

There being no comments, Mayor Hindman closed the public hearing.

B407-03 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B408-03 Amending Chapter 29 of the City Code to allow usage of smaller zoning notification signs.

The bill was given second reading by the Clerk.

Mr. Beck noted that this issue had been discussed at a work session and that the ordinance is recommended by the Planning Staff. It would reduce the size of the signs from eight square feet to five square feet.

Mayor Hindman opened the public hearing.

There being no comments, Mayor Hindman closed the public hearing.

B408-03 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B413-03 Rezoning property on north side of Blue Ridge Road, and both sides of North Providence Road from A-1 to R-1.

The bill was given second reading by the Clerk.

Mr. Beck explained this tract to contain 24 acres and to be located in north central Columbia. Both the Staff and Commission recommend approval.

Mr. Dudark explained that Providence Road will come down through the middle of this tract. A change from A-1 to R-1, he said, would be consistent with planning in the immediate area.

Mr. Janku asked Mr. Patterson to explain road plans for the area. Mr. Patterson explained the construction plans for both Blue Ridge and Garth were complete. Blue Ridge is currently being reviewed by MoDOT and Garth Avenue is ready. Mr. Patterson stated that he thought there would be a bid call ordinance on Garth Avenue within a month. Upon completion of the Garth Avenue project, Blue Ridge would be ready for construction. The feeling was that one of the streets must be maintained at all times for access. By the end of 2005, Mr. Patterson indicated both streets would be completely rebuilt and brought up to current standards since both streets are fully funded.

Mayor Hindman opened the public hearing.

Bill Crockett, an engineer with offices at 2608 N. Stadium, spoke on behalf of Steve Herigon Construction Company, the applicant. He urged the Council to proceed with the construction of Blue Ridge and Garth as rapidly as possible. He noted that the developer would be building Providence Road from the north edge of this property to tie into Blue Ridge Road.

Mayor Hindman closed the public hearing.

Mr. Janku was pleased to see the expansion of R-1 area in this location. However, he noted, that as the area has grown, a litter problem has developed. He indicated he would bring this issue up at the end of the meeting.

B413-03 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

OLD BUSINESS

B409-03 Amending Chapter 14 of the City Code as it relates to rocks and other material falling from trucks and trailers.

The bill was given second reading by the Clerk.

Mr. Beck explained the Council passed an ordinance in November requiring protective covering over trucks and trailers, however, there are still a number of complaints continuing in regards to rocks falling off trucks. This ordinance would further tighten the requirements.

B409-03 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B410-03 Approval of PUD site plan of Forest Ridge, granting variance.

The bill was given second reading by the Clerk.

Mr. Beck described this as a 28.5 acre tract located in north central Columbia. He pointed out that conditions were recommended.

Mr. Dudark explained zoning on this property had been before the Council a few weeks ago and this evening they were being asked to approve the site development plan for the property. The proposal is for 68 two-family structures for a total of 136 dwelling units. He displayed the site plan on the overhead and noted that all of the streets would come off of Providence Road. There will be no access from individual lots to Brown School Road. The variance request was in regards to the requirement that there be a turnaround at the north end, where Providence exits the property. He noted that the turnaround was about 50 feet longer than what is permitted in the subdivision regulations. Mr. Dudark pointed to a cross street where he felt someone could exit and turn. He commented that the Commission recommended approval of the variance because the end of that street was in sight at that point. Included in their recommendation was a condition that a development agreement between the developer and City be completed prior to final plat approval. The agreement would address the responsibility for construction of North Providence Road and any improvements or financial contributions for future improvements to Brown School Road. Janie Ausburn Harmon, spoke on behalf of her Mother, Alma Ausburn, 600 W. Brown School Road. She asked that someone take responsibility for two critical issues - traffic safety and storm water runoff. Ms. Harmon noted that Brown School Road is a narrow, country road without shoulders and is struggling to safely handle current needs. She reported that Forest Ridge would add 2,000 to 3,000 vehicular trips per day and stated that was unacceptable. She explained that Cow Branch runs through the proposed development as only a draw, but on her mother's farm it is a creek. With other development they have seen increased erosion. The Department of Conservation has confirmed development upstream is the reason for the erosion. On November 18, after a moderate rain, Brown School Road flooded at Cow Branch. Ms. Harmon stated that approval of this request would only magnify the problem. Storm water runoff from new street pavement and new structures would cause flooding downstream. Due to the high density of this PUD request, she felt that the duplex portion of the plan should be denied at this time. She urged the Council to deny the request until traffic safety and storm water runoff issues were resolved. Ms. Harmon commented that the City and the developer could upgrade infrastructure as part of the plan and both would gain great profit. She stated that creating a model plan here might actually help City expansion in the future. She urged the Council to call together the City, County, PGS Development, and other potential developers along this road to come up with an innovative solution. She felt they could split the responsibility to improve infrastructure prior to approval of the development.

Randy Hughes, 341 E. Cedar Court (Spencer Hills Subdivision), spoke of safety concerns. He reported having only one way in and out of his subdivision which is going down Brown School Road.

Pat Fowler, 4995 N. Sandker Court (Crestwood Hills), stated that she has several safety concerns. Ms. Fowler passed out written comments (attached to bill). She could not understand why the City and the developer or a combination of all the planned developers along Brown School Road were not required to get together to present a joint plan to the City and the County, and fund the appropriate widening and reinforcement of Brown School Road. In addition to the concern about the width of the road, she voiced another concern regarding flooding along the road. She described the areas where the road floods.

Hester McKeown, 4980 Sandker Court, explained that she has a disabled son who is medically fragile. She is concerned about flooding. In the 13 months they have lived in the area, they have had to call an ambulance twice. She is concerned that increased development will cause more flooding which could keep her son from receiving the medical help he needs.

Mike Swiffel, 520 E. Sacketts Road (Spencer Hills Subdivision), gave figures on daily average trips from May of 2001 and May of 2003. On Brown School Road, west of Range Line, the count went from 2,712 to 4,293. In another two years, there could be as many as 6,783 vehicles on that road. He indicated he was concerned about safety on the road.

Bruce Beckett, an attorney with offices at 111 S. Ninth, spoke on behalf of the applicant. The plan requires that each duplex unit have a two-car garage, dedicates right-of-way for a 53 foot half-width along Brown School, dedicates 106 foot wide right-of-way for Providence Road, calls for the developers to construct the west two lanes of Providence Road, and leaves the east two lanes to be constructed by the City at some time in the future. He pointed out that the low water crossing, where Brown School has flooding problems, is located to the west of this property. He explained that there is an interconnection on the R-1 subdivision plat that lies just to the west of this PUD Plan which was approved by the Council at the last Council Meeting. He said it provides an interconnection to the neighborhoods to the west. This would provide a way out of those areas and a bypass around the low water crossing. Mr. Beckett also pointed out that Providence Road would be constructed through this subdivision, along the west side of this PUD. The property to the east is currently under consideration for development and they anticipate it will provide another east/west route out to Highway 763. He believed this combination would alleviate some of the problems along Brown School Road. He indicated that their development would enhance the traffic situation rather than hurt it. Mr. Beckett stated that the developer was working very hard with the City Staff on many different issues, including sewers, right-of-way, and anticipated storm water problems along Brown School Road. He noted that they were trying to do their part and make a contribution, but that this little subdivision could not do it by itself. Mr. Beckett felt it would ultimately take that whole end of town working together on the situation to resolve it.

Mayor Hindman asked about the storm water issue. Mr. Beckett replied that if they did nothing else, they would be providing another route out of the areas to the west by way of the interconnect. He pointed out that the R-1 plat also required them to dedicate a lot for a street easement which would provide another potential interconnect to the property to the west in the southern part of the R-1 development, resulting in possibly two interconnects. He reminded them that Providence Road would provide an interconnect to the east and that there is talk about plans coming in for subdivisions and plats that would ultimately connect roads up to 763. Mr. Beckett indicated that they were willing to make some contribution to resolving the storm water problem by putting large culverts under Brown School Road as part of the development agreement. He said that will take two very large culverts underneath Brown School Road, at $30,000 each, to properly handle the storm water in the area. He pointed out that the storm water would not only be coming from this development, but from a far larger area.

Norma Lee Voorheis Mountjoy, explained that she lives next to the low water crossing on Brown School Road. She reiterated storm water runoff concerns as well as traffic concerns, indicating she had been in accidents on the road.

Carroll Winslow, 5649 N. Clearview, explained that he has been a resident of the area for over 40 years. He addressed the issue of a second access from Clearview Subdivision to the outside. Although he understood this plat would provide for one access to be built now and one to be built in the future, he said, it did not address the idea that all of the residents of Clearview have to get out onto Clearview Road before they can get anywhere else. He indicated Clearview Road would remain the only access to Clearview Subdivision. He noted another development related to R1-04, adjacent to the subject tract, and stated he saw no reason why an access could not be made directly into Clearview Subdivision through the two developments.

Mr. Janku asked about culverts mentioned to address the storm water problems in regards to the development agreement. Mr. Patterson replied that storm water discussions were currently ongoing and that some issues still needed to be resolved to include whether or not increased culvert sizes would be the most appropriate way to manage the water. He was hopeful they could work out the technical details. A development agreement addressing these issues, suitable to the Council, would be a prerequisite to any final plat. Mr. Patterson reported that they want to carefully look at any down stream critical locations. The goal is to not increase any potential damage down stream as a result of this development.

Mayor Hindman voiced concern about Brown School Road and asked if a subdivision put in a remote spot should be in a position to prevent new subdivisions, which are probably more appropriately located with respect to where the traffic will eventually go. He commented that 763 would be the base road until Providence Road is put through. Although he thought that was sound thinking, he questioned the short term. He was not sure a development to the east would alleviate the problem. At the very least, Mayor Hindman thought the speed limit should be looked at on Brown School Road if this plan was approved.

Mr. John noted that Crestwood and Spencer Hills Subdivisions have both been added within the last few years, increasing traffic counts. He noted that some of the people speaking this evening live in those areas, while others have lived in the area for 30 plus years. His feeling was that the City should not make this developer pay for the first 4,200 cars already out there clogging the road. The developments have already created a traffic situation and a storm water runoff situation where streets are blocked. He saw no reason for this developer to pay for all the problems created by others. Mr. John pointed out that the development agreement would deal with the traffic and storm water studies, fairly attribute the costs of the added impact of this development, and allow them to figure out the best way to apply those costs.

Mr. Janku noted that this developer agreed to certain standards no other duplex development has agreed to in terms of quality control and maintaining a quality development. The developer was also putting in an R-1 development across the street to buffer his duplex development from the existing property. He reminded everyone that these problems were created many years ago when the City did not have a role in creating or solving the problems. Now, he thought, the City would be able to play a role early on in solving the storm water problem through the development agreement and storm water utility. He felt the road issue would be more difficult, but noted the City has been able to work with the County on joint road improvements in the past. As the Council moves forward in the next few weeks on selecting priorities for future road improvements, he suggested this be one of them - the connection of Brown School Road to the east. He also stated that each development would be paying a development fee which would fund collector or arterial street improvements.

Mr. Ash was not convinced the best solution was to do nothing. He felt the goal of getting infrastructure in ahead of development was idealistic and unrealistic. He felt the way to solve these long standing, difficult problems was to allow development while correcting problems along the way. Regarding the speed limit, he urged obtaining input from Mr. Patterson. He was concerned that artificially lowering the speed limit could provide a false sense of security, causing even more accidents.

Mr. Hutton noted this discussion was not much different from others regarding annexation and development. It did not matter if it was Brown School Road, Scott Boulevard, Mexico Gravel, etc. - they could just go down the list of unimproved roads on which the City is now allowing development. He indicated that the City was so far behind in regards to infrastructure that there was no way to catch up. They could not postpone all development until infrastructure was in place, and added that it would not be fair to provide roads for future development. He stated that development had to occur for anything to happen as far as improvements are concerned, unless we choose to no longer develop in Columbia. He pointed out that in the very near future, there would be a ballot issue for infrastructure improvements. He stated the list would be substantial and expensive, but that it is something that has to happen if we plan to continue on our present course. He commented that Brown School Road would stay in exactly the same condition it is in right now, with flooding and with a huge increase in traffic, if development did not occur.

Mr. Loveless agreed with Mr. Hutton and said there were a lot of parallels between this and Scott Boulevard. He said it is not realistic or advisable to halt development because the road system is not there.

Mr. Beck noted that the developers along Providence Road are participating substantially in providing right-of-way. If roads were ahead of development, the City would have to purchase the right-of-way and then build a road on top of it. In this case, the developer would be providing the right-of-way. He explained the platting process requires right-of-way to be dedicated. In addition to right-of-way, in this case, the developer was also participating in the road construction. Mr. Beck noted that it was unfortunate that it would have to be done piecemeal, but that only one piece is under the City's planning control. He said Staff would need to work with the County Commission, not only on Scott Boulevard, but Brown School Road as well.

B410-03 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B411-03 Approval of PUD site plan of Timber Creek, granting a variance.

The bill was given second reading by the Clerk.

Mr. Dudark explained the property consists of 37 acres on North Stadium Boulevard on the west side of Route E, north of I-70. The property is zoned residential and before the Council is a site plan for use of the property. The plan calls for 244 attached residential, townhouse type structures ranging from two to eight units per building. The development plan provides for a loop street. He pointed out Aaron Drive on the overhead and explained that it comes off of Stadium Boulevard. The plan provides for a street coming in with access drives into the different areas of the development. The street goes around to the north and comes back out to Route E. The traffic study done for the development provides for a full access intersection, left turns in, and left turns out. Improvements would be necessary for Aaron Drive. Mr. Dudark stated that widening is subject to MoDOT's determination and agreement for the intersection. The intersection to the north would be a right in, right out only. No left turns in or out because of site distance and questionable visibility in the area. Mr. Dudark explained that in regards to internal streets, the request was for a 28 foot street rather than a 32 foot street. The 28 foot street would be without any parking. All parking would be off-street. There are 139 excess parking spaces off-street to provide for overflow and visitor parking. There would be 2.6 parking spaces per dwelling unit rather than 2.0. The Commission recommended approval of the plan and the variance of street width on the interior street subject to a development agreement. The development agreement will address responsibility for construction of the required improvements to the two intersections and provide for the developer's contribution and participation in the work.

Mr. Janku understood Timber Creek and Aaron Drive to be controlled by MoDOT. Mr. Dudark stated that was correct. Mr. Janku asked if MoDOT could limit the intersections to one. Mr. Dudark thought they could control approval of any new driveway connections. He noted that MoDOT accepted the traffic study with the stipulations mentioned in terms of the improvement to the intersection and the north one being a right in, right out. He explained it was multi-jurisdictional because there are two City streets essentially coming into a state route. Mr. Janku asked about the third potential access. Mr. Dudark explained that there was a 50 foot wide street easement coming from the internal street to the property line where Toastmaster's property begins. If there is ever a redevelopment of the Toastmaster property, there might be a potential relocation of the main entrance drive in that area. Visibility would be better if it was more centralized. If that happened, the street could be connected to the interior street. Mr. Janku asked if the City would eliminate one of the other access points if that occurred. Mr. Dudark thought they would look at their options and decide whether or not the street would be eliminated or whether some turning movements would be eliminated. He commented that it might still provide a right in, right out, but maybe not a left turn. Mr. Janku asked if MoDOT felt comfortable approving this without that being in place. Mr. Dudark's impression was that they felt this was about all that could be done at this point because there is no right-of-way on the Toastmaster property. In the meantime, there would be improvements to the existing Aaron Drive. Mr. Janku asked if the City would need to direct requests to MoDOT for future problems since the Council would not have the authority to pass ordinances to control these access points. Mr. Dudark felt it would be similar to a state route where something comes to the attention of the City at which time a communication is sent to MoDOT asking them to look into the situation and determine an appropriate action.

Dan Simon, an attorney with offices at 203 Executive Building, appeared on behalf of Frank Tillman, the applicant and developer. Mr. Simon was hopeful the Council had read his written presentation and asked if anyone had any questions. He noted that the Planning and Zoning Commission had recommended approval unanimously and that the Staff recommended approval as well. He was not unmindful of the two issues; traffic and lighting. In regards to traffic, they hired a very competent traffic engineering firm that performed a traffic study pursuant to the auspices and direction of the Public Works Department and MoDOT. The study had been approved by both. They doubled the percentage of truck traffic at the request of the engineers and it was approved again. The study showed that this development would cause no adverse impact on any of the intersections in the study area and that the north entry way would work properly, safely, and with the proper level of service.

Mr. Simon commented that in regards to lighting, they could not control lighting of the public street, but concurred with Mr. Janku's recommendation, if that recommendation was acceptable to the City. Mr. Simon stated it had been their intention all along to limit the interior lighting to an extent in which there would be no infiltration into adjacent properties. He said they were prepared to suggest, as they did in an e-mail today, the City include a condition in the approval or require it be inserted on the plan itself.

Mr. Janku asked if it was correct that the traffic count included a manual count.

George Jahn, Engineering Design Source, 1415 Elbridge Payne Road, St. Louis, Missouri, explained that four of his staff members, on a typical weekday morning and afternoon, took manual counts at four different intersections in the area. Mr. Janku questioned the truck count. Mr. Jahn stated that seven percent of the vehicles counted had been trucks. At the Planning meeting there had been concern the percentage could be much higher on certain days, so they then increased the percentage of trucks to15 percent and reran the numbers. They were still able to prove it did not have a big affect on traffic.

Mayor Hindman asked about a stop light at the south entrance. Mr. Jahn explained that they discussed this with MoDOT, but that there was not enough traffic to warrant new traffic signals at that entrance. Mayor Hindman felt there would be a lot of left hand turns. Mr. Jahn explained their recommendation is based on the traffic counts, the projected counts, and state minimum requirements for the number of cars entering and exiting. The warrant counts were not met.

Mr. Ash asked if the road would be designed for both a left turn lane and a right turn lane. Mr. Jahn replied their suggestion had been that there be a separate left turn lane as well as a separate right turn lane along with a lane for people coming from Stadium directly on.

Mr. Janku understood there still would only be two northbound lanes on Stadium. Mr. Jahn replied that was correct. Mr. Janku pointed out the innermost lane would actually be a left turn lane. Mr. Jahn responded affirmatively and said there are no improvements planned for Stadium at that location. Mr. Janku asked if Mr. Jahn was confident, based on his study, there would not be significant back ups on Stadium from left turn movements going in as they move north. Mr. Jahn replied yes - that was what the study proved. Mr. Janku asked if the study had been reviewed by both City

Staff and MoDOT. Mr. Jahn responded yes, and added that because of the concern they had looked at all of the on / off ramps, both north and south of 70. Mr. Janku asked if the center lane on Stadium, north of I-70 Drive would be backed up. Mr. Jahn replied there would not be significant back up.

Mayor Hindman commented that it looked like a great subdivision, but voiced concern about it being across the street from the biggest park in town and providing no way to get across the street since there would not be a stop light. Mr. Ash interjected that Bluff Creek has been asking for a stop light, but the number of cars does not warrant a light. He stated that MoDOT is very protective about when they put up stop lights and when they do not. Mayor Hindman suggested an activated cross walk. Mr. Beck noted a neighborhood park, Valley View Park, to the north was accessible. Mr. Janku commented that Valley View Park had just received some new improvements. Mr. Simon pointed out that they have a walking trail on the west part of their property which would connect to the Valley View Park.

Mr. Janku noted the biggest concern as being the right in, right out just south of Primrose and asked what type of traffic levels are anticipated in terms of traffic volumes during peak hours. Mr. Jahn did not have the exact numbers, but said the level of service is between B and C, which is considered to be very acceptable, low levels of traffic. He noted that the exact numbers are in the report.

Mr. Janku noted that in regards to lighting, Mr. Simon had provided language dealing with construction of their property, which he felt would do a good job of minimizing the light impact. In regards to the type of lighting used for Timber Creek, Mr. Janku indicated that since the street would only be 28 feet wide, only residential lighting, not large commercial lighting would be necessary. He stated that he would like to see that made part of the ordinance.

Mr. Janku made the motion to amend B411-03 by adding a new Section 5 with the following language: "Approval of the site plan is subject to the condition that all on-site lighting, excepting that located in public right of way, will be designed by a qualified lighting engineer, utilizing poles (standards) having a maximum height of 15 feet and fixtures having full cut-off luminaries so as to minimize the overflow of illumination to the surrounding areas. Luminaries (fixtures) shall utilize shielding plats and/or lenses to reduce the amount point source light. Maximum wattage of each luminary shall not exceed 150 watts. The lighting plans shall be certified by the designer as to conformance with the above criteria." The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

While he recognized concerns regarding traffic, Mr. Janku felt this plan to be superior to what has been offered in the past, and potentially much better than what could be offered in the future.

B411-03, as amended, was given third reading with the vote recorded as follows; VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

CONSENT AGENDA

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

B405-03 Accepting conveyances for utility purposes.

B406-03 Calling for bids relating to the construction of sewers in Sanitary Sewer District No. 157 (Rollins Street and Burnam Avenue).

B412-03 Approving Final Plat, Thornbrook Plat No. 11.

R1-04 Setting a public hearing: voluntary annexation of property located on the south side of Clearview Drive, north of the present city limits.

R2-04 Setting a public hearing: voluntary annexation of property located on the southwest side of U.S. Highway 63 and on the north side of Gans Road.

R3-04 Setting a public hearing: improvements to Third Avenue between Providence Road and Garth Avenue.

R4-04 Setting a public hearing: construction of water main serving Vanderveen Crossing, Plat 13.

R5-04 Setting a public hearing; construction of improvements at Rock Quarry Park, the MKT and Indian Hills Park trails, Park Management Center and Cosmo Park.

R6-04 Authorizing an amendment to the agreement with the Missouri Department of Health and Senior Services for the Mosquito Surveillance Start Up Program.

R7-04 Authorizing acceptance of a Domestic Violence Enforcement Grant from the Missouri Department of Public Safety.

R8-04 Authorizing the City Manager to make FY 2004 Certifications and Assurances for Federal Transit Administration assistance programs.

R9-04 Authorizing an agreement with Community Playground of Columbia, Inc. for CDBG funds.

The bills were given third reading and the resolutions were read with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN (abstained on R2-04), ASH. VOTING NO: NO ONE. Bills declared enacted and resolutions declared adopted, reading as follows:

NEW BUSINESS

R10-04 Authorizing an agreement with the U. S Department of the Interior, U.S. Geological Survey for groundwater monitoring in the wetlands area.

The resolution was read by the Clerk.

Mr. Beck explained that since 1992, the City has had an agreement with U.S. Geological Survey for groundwater monitoring. This agreement covers 16 groundwater monitoring wells with the estimated cost for continuing the testing procedure set at $56,300. The City's share would be $31,000 which will be split between Public Works and Water and Light. Mr. Beck stated that he has asked for provisions in the next agreement regarding reporting procedures by USGS to the City Manager.

The vote on R10-04 was recorded as follows; VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R11-04 Authorizing an agreement with The Curators of the University of Missouri in connection with the EPA Clean Water Act Phase II Storm Water Regulations.

The resolution was read by the Clerk.

Mr. Patterson explained that the City's contract expires at the end of January each year. For the past four years we have been in a cooperative agreement with Boone County and the University. He explained this was originally set up for the City to establish an effective public outreach program for community education, community awareness, and community involvement in developing good storm water management practices in order to protect the water quality of the streams through town and in the surrounding drainage basins. Mr. Patterson noted the agreement has been very effective for both the City and the County. Each quarter the City receives a report specifically outlining the activities that have been undertaken, such as the Watershed Group meetings, specific programs with the radio station, and presentations to different groups. He explained that gives them an outline of all the activities that have taken place. Mr. Patterson stated the arrangement has been very effective for the City and the City becomes more and more involved each year in the implementation of the storm water regulations. He thought they should evaluate the most effective way to obtain the goals set forth. Mr. Patterson felt it was very likely we would reach a point, with our educational programs being as sophisticated as they are now, where we would probably be able to start taking over some of the activities. He remarked they are also talking to County officials about the situation each year to make sure both entities feel they are being best served by this type of arrangement. As long as this was the most cost effective way to do it, they would make this recommendation to the Council.

Larry Magliola, 4403 S. Pinebrook, spoke on behalf of the Meredith Branch Partnership and urged the Council to support the renewal of the contract. Since 1998, he noted the CSWP has developed 13 watersheds in the Columbia area and has organized countless watershed stewardship projects such as stream cleanups, tree plantings, and storm drainage stenciling. He felt it has made great strides at increasing public awareness of storm water related issues within the various watersheds of the City. Mr. Magliola felt this to be an essential vehicle for citizen involvement in watershed issues that affect the Columbia area. He felt to withdraw funding at this time would be premature and counter-productive without a storm water ordinance in place and without a watershed based land use plan in place.

Mr. Ash commented that he had received many e-mails on this issue from people who want to see this program continue and see it continued through a grant the way it is currently working. If the agreement were more structured in the way other contracts which go through the City Manager's Office are, with a little more accountability, the staff would feel more comfortable that the money is being spent the best way possible. He felt the city was preparing people in favor of continuing this effort, for this possibly being the last year. If they want to see it carried forward, he said he would like to give them potential ways to see that happen, whether that be more accountability or something else. Mr. Janku responded that there were models showing these types of positions could be in-house, for instance the City's Waste Minimization Coordinator who goes out and promotes recycling and avoidance of unnecessary waste. With someone in-house, they would no longer need to be concerned about an annual grant.

Mr. John noted that it was part of EPA Phase II that the City has ongoing education. He saw the answer as whatever was the most efficient and effective way to do ongoing education. He said it was the Staff's job to tell the Council each year what they feel is the best way to accomplish the EPA education goal.

Mr. Beck pointed out that this was funded out of the storm water utility. As a community, he felt we need to determine what level this type of work under the EPA regulations we want to do, and then decide how we can best meet that level.

The vote on R11-04 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R12-04 Declaring official intent to reimburse certain project costs with proceeds of bonds.

The resolution was read by the Clerk.

In November of 2003, Mr. Beck explained, the Columbia voters authorized the City to issue revenue bonds for financial capital projects in both our sanitary sewer utility and our water and light utility. Tax regulations require that if the City intends to make expenditures which will be reimbursed from a later tax-exempt bond issue, the City must adopt an "official intent" resolution.

The vote on R12-04 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R13-04 Approving Preliminary Plat No. 1 of Lake Shire Estates.

The resolution was read by the Clerk.

Mr. Dudark displayed this 47 acre tract on the overhead. The plat contains 107 R-1 lots with two access points on Mexico Gravel Road. He noted stub streets to the east, south and west, and also a common area with a lake and open space that would be maintained by a homeowners association. The property was recently zoned R-1.

Bill Crockett, an engineer with offices at 2608 N. Stadium, commented that the property immediately the west is being laid out at this time and said they are working directly with the engineer for that property to coordinate access points from each tract.

Mayor Hindman asked how long the lake had been on this property. Mr. Crockett thought it had been there at least 30 years.

Mr. Loveless was concerned that the name Lake Shire Estates could be confused with Lakeshore Estates. Mayor Hindman noted JCIC was involved in the process. Mr. Crockett interjected that JCIC had made comments about some of the street names, which were since changed, but made no comment in regard to the Subdivision name. He agreed the two names sounded similar but noted that Lake Shire is two words where Lakeshore is one.

The vote on R13-04 was recorded as follows; VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R14-04 Adopting amendments to the City of Columbia 2004 Employee Health and Dental Plan documents.

The resolution was read by the Clerk.

Ms. Buckler explained that because our provider for network services has changed, these amendments to the plan document were needed. It would delete references to Alliance Blue Cross Blue Shield and add United Health Care. The plan amendments included date changes to reflect the 2004 plan year, elimination of deductible carry-over to new plan year provision, elimination of in-network deductible and out-of-pocket maximum provisions for out-of-network referrals, and elimination of references to United Dental Care DMO in the dental provisions. It will also create a different definition of out-of-geographic area.

The vote on R14-04 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

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

B1-04 Rezoning property located on the west side of Maryland Avenue, between Rollins Street and Kentucky Boulevard from R-3 to C-P; approving the Alpha Epsilon Pi Fraternity C-P development plan.

B2-04 Approving the Final Plat of Fellows Addition #6; granting variances to the Subdivision Regulations.

B3-04 Approving the Final Plat of Columbia Fire Station No. 5.

B4-04 Approving the Final Plat of Auburn Hills Plat 8; authorizing a performance contract.

B5-04 Approving the Final Plat of Stonecrest, Plat No. 6A; authorizing a performance contract.

B6-04 Authorizing Change Order No. 1; approving Engineer's Final Report; levying special assessments; appropriating funds for the Third Avenue Improvement Project.

B7-04 Calling for bids relating to the construction of sewers in Sanitary Sewer District No. 156 (Edgewood and Westmount Avenues).

B8-04 Authorizing the acquisition of easements necessary to construct Green Meadows Road from Providence Road to Route AC.

B9-04 Authorizing Change Order No. 1 to the contract with Concrete Engineering, LLC relating to the construction of a right turn lane at the southwest corner of Broadway and Providence Road; accepting Engineer's Final Report.

B10-04 Authorizing construction of water main serving Vanderveen Crossing, Plat 13; providing for payment of differential costs.

B11-04 Appropriating water and electric revenue bond funds.

B12-04 Amending the FY 2004 Pay and Classifications Plans to upgrade certain positions in the Water and Light Department.

B13-04 Accepting conveyances for utility purposes.

B14-04 Authorizing construction of improvements at Rock Quarry Park, the MKT and Indian Hills Park trails, Park Management Center and Cosmo Park.

B15-04 Appropriating FY 2003 Part II Homeland Security - Office of Domestic Preparedness funds for the purchase of bio-surveillance software for the Health Department.

B16-04 Appropriating FY 2003 Part II Homeland Security - Office of Domestic Preparedness funds for the purchase of communication equipment for the Emergency Management Department.

B17-04 Calling a municipal election to elect a Mayor and Council Members for Wards 3 and 4.

B18-04 Authorizing acquisition of land necessary to construct a fire station at the intersection of Blue Ridge Road and Providence Road.

REPORTS AND PETITIONS

(A) Intra-departmental Transfer of Funds.

Report accepted.

(B) Extension of CDBG Funded Programs to the Indian Hills Neighborhood.

Mr. Beck explained that in August of last year a resolution was adopted expanding the Neighborhood Response Team area to include the Indian Hills Neighborhood. The resolution included provisions directing the City Manager to prepare and disseminate a survey to residents of the neighborhood. If the neighborhood was found to contain at least 51% low to moderate income persons, the area would be included in the CDBG Eligibility Area and would be eligible for all programs currently available to other NRT neighborhoods, including the CDBG funded code enforcement activities, home ownership assistance programs, and code deficiency abatement assistance. The results of the survey showed that 91% of the persons surveyed were low to moderate income and Staff has designated the area as a CDBG Eligible Area making all CDBG and HOME funded housing and code enforcement programs available to the neighborhood.

When looking at the eligibility map, Mr. Janku felt there were other areas which should be eligible as well. He asked if there was a way Staff could work with the Census Department to look at the blocks so we could suggest amending them to reflect the potentially eligible areas. Mr. Beck said Staff could check and see what could be done. Ms. Crayton noted that there are many "pockets" of potential CDBG eligible areas.

(C) Consultant for I-70 Economic Study.

Mr. Beck explained that Staff is working towards hiring a firm to assist the City with studying the impact of the I-70 alternatives being considered through Columbia.

Mr. Janku noted that he had brought up residential areas earlier and how we could work toward avoiding a negative impact on them. Looking at the alternatives being considered, he felt there could be major impacts on residential subdivisions. Being on the Committee, he had asked and was told they basically design the road and that would be it. They do not get involved in other issues such as impact on specific areas. He reported that they do not take that into account and do not buy extra property to buffer. Although they might work to minimize the impact to street alignment, Mr. Janku thought the City needed to be working with them on it. He also felt the City should be thinking about redesigning access points in subdivisions. He suggested someone look at these things from a professional standpoint. Mr. Beck noted that a couple of the firms they have talked with have experience in the areas Mr. Janku was concerned about. He felt we needed to get away from just the economic impact. Mr. Janku said he would like to broaden it to include residential areas.

(D) Howard Building.

Mr. Beck explained that he had told the Council earlier this evening that the Sanford-Kimpton Health Center would probably be completed in April or May at which time the Health Department would vacate the portion of the Howard Building they are now using. He and the Mayor felt it would be timely to develop a contractual arrangement with an architectural firm to complete necessary plans and specifications to renovate the structure. This is part of the overall public building plan downtown. Alternatives being considered are to continue the services of Chiodini using a local architect as the lead architectural firm for this part of the program, to obtain a totally local architect as the lead architectural firm for this part of the program, to obtain a totally new request for proposals, or to have this phase of the work completed by Chiodini. The project is estimated to cost about $1.1 million to bring the building up to standards.

Mayor Hindman did not want the Howard Building sitting empty and thought they should proceed. He liked the idea of a local architect. Mr. Hutton pointed out they would have to have Chiodini hire the local person as a sub in order to not rebid the whole project. He noted the fee would be the same in either case and added that if Chiodini could use a local firm to do a lot of the foot work, it would save us money on reimbursements.

Mr. Beck noted that Chiodini was agreeable to working with a local firm if that was what the City wanted to do.

Mr. Janku asked if they could also look at the Gentry Building, and if not the interior, at least the exterior. He pointed out that the building's 100^th anniversary would be in October and he thought it would be appropriate to do the work in conjunction with the work on the Howard Building.

Mayor Hindman made the motion that they use Chiodini and that they be asked to hire a local architect to work on the plans for the Howard Building.

There was a discussion about whether or not to include the Gentry Building. Mr. Janku said he was talking about the exterior primarily. Mr. Beck noted that the cost on the Gentry Building was estimated at $698,843 to do the whole building. It was pointed out that amount was not for the plans.

Mayor Hindman changed his motion to include the Gentry Building. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.

BOARDS AND COMMISSIONS

None.

COMMENTS BY STAFF, COUNCIL AND PUBLIC

Mr. Loveless asked that discussions begin with the County Commission regarding the Brown School Road issues in order to determine what alternatives might be available. Mayor Hindman suggested inviting the developers that would be working in the area also.

Mr. John voiced the concern of a constituent in regards to the old Woodrail Center and its conversion to a soccer center. During the summer when swimming tournaments were held at the Center, parking had become a problem on Forum. Mr. John noted that it only occurred a few times, but if the new facility is used throughout the year, it may become more problematic. He asked that Staff keep an eye on the situation.

Ms. Crayton mentioned a number of house numbers that need to be made more visible. Mayor Hindman suggested an educational campaign since an ordinance already existed.

Mr. Janku commented that he had received a report from Staff indicating parking on Leslie Lane is restricted for 120 feet. He said the problem is that the street is not signed as such. Rather than introducing an ordinance to expand restricted parking, he asked to have the existing restricted area marked.

Mr. Janku also asked Staff to look into the litter problem along Blue Ridge Road. As development has occurred in the area over the last few years, traffic has increased and the problem has significantly increased. He thought people were beginning to see it as a convenient dumping spot.

Mr. Ash asked how the roads were picked by community service programs. He asked if it would be possible to have Blue Ridge added to the list.

Mr. Janku made the motion that Staff be directed to report back on what could be done about the situation. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

The meeting adjourned at 9:49 p.m.

Respectfully submitted,

Sheela Amin

City Clerk