M I N U T E S

CITY COUNCIL MEETING - COLUMBIA, MISSOURI

OCTOBER 4, 2004


INTRODUCTORY

The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, October 4, 2004, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU and HUTTON 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 September 20, 2004, were approved unanimously by voice vote on a motion by Mr. Hutton and a second by Mr. Ash.

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA

Mayor Hindman noted that a report, Report F, would be added to Reports and Petitions and that a second item would be added to Special Items.

The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion by Ms. Crayton and a second by Mr. Janku.

SPECIAL ITEMS

100th Anniversary Presentation - Water & Light.

Mayor Hindman explained that the Water & Light Department was celebrating its 100th anniversary in regards to municipal ownership. He noted the utility has had a terrific impact on the City of Columbia and has been able to provide high quality service at fair prices. He explained the utility did not make a profit and that the only funds associated with the utility that went into the City's general revenue fund account were funds collected from sales tax. Mayor Hindman presented Dan Dasho, the Water & Light Director, with a plaque from the American Public Power Association recognizing the 100 year milestone. Mr. Dasho thanked everyone to include the retired and current utility workers.

Mayor Hindman announced an open house would be held Saturday, October 9th in celebration of the anniversary.

StormReady Communty.

Mayor Hindman noted that Columbia/Boone County was recognized as being a Storm Ready Community by the National Weather Service. The honor was a result of our preparedness, both as the City and as Boone County as a whole.

Mr. Beck explained that a very detailed evaluation had been made of emergency operations in Columbia and Boone County. Two large signs were provided, with locations for posting to still be determined. Mr. Beck felt it was important for the community to know an emergency operation plan was in place for natural disasters.

SCHEDULED PUBLIC COMMENTS

None.

PUBLIC HEARINGS

B234-04 Rezoning property located on the northeast corner of Green Meadows Road and Green Meadows Circle from R-1 to PUD-10.

B235-04 Rezoning property located on the northwest corner of Green Meadows Road and Green Meadows Circle from R-1 to PUD-10.

B236-04 Rezoning property located on the north side of Green Meadows Road, approximately 100 feet east of Skylark Drive, from R-1 to PUD-3.

The bills were read by the Clerk.

Mr. Bondra gave a brief description of the three tracts.

Mayor Hindman reopened the public hearing.

Dan Simon, an attorney with offices at 203 Executive Building, appeared on behalf of the applicants, Lifestyle Developers and Don Stohldrier. He stated that Mr. Stohldrier recognized the alternative, an R-1 standard development, that he was legally required to do with a plat he was legally permitted to have approved. He noted Mr. Stohldrier was processing an amended plat that would be before the Council in November and that the Council would have no discretion, but to approve the plat because it would conform with every requirement of the subdivision regulations. The other alternative, he explained, was the current request for mixed use housing developments on three tracts. He felt the PUD, mixed use, arrangement to be a greatly superior development, which would provide the greatest protection for the existing neighborhood. He stated the only reason he was persistent in this case was because he felt this development proposal was the right thing for the property, the City of Columbia, and the neighbors who had objected to it the strongest. He commented that he felt the wrong thing for this property was to place small starter homes on small lots next to the existing residences. He believed the perception, that an R-1 development would consist of larger homes and would all be owner occupied and not rented, was erroneous. He also pointed out the R-1 development did not address the 2020 Plan and diverse housing types. Mr. Simon stated he was withdrawing the three rezoning requests and the plat that would be in front of the Council later that evening. He explained that in November, the Council would have an R-1 plat that did what everyone said they wanted and was what was represented to him as 100% what the neighborhood desires.

Nita Brooks, 400 Cumberland, President of the Trailridge/Greenbriar Neighborhood Association, thanked the Council for their perseverance and time associated with this. She also thanked Mr. Simon for the amount of time he had given them. She stated that they appreciated the action taken this evening and that they felt an R-1 development was the best decision for their neighborhood.

Traci Wilson-Kleekamp, 2905 Greenbriar, thanked the Council for listening to them and hearing their concerns. She commented that there were still issues, such as density, PUDs, and infill development, for which they would like continued dialogue.

Mayor Hindman closed the public hearing since the items had been withdrawn.

B315-04 Voluntary annexation of property located on the south side of State Route K and the north side of Old Plank Road; establishing permanent R-1 zoning.

The bill was given second reading by the Clerk.

Mr. Beck described this as an 88.3 acre tract of ground located in south central Columbia. The Planning Staff recommended that the tract be zoned R-1 and the Commission voted 6-3 for denial suggesting the area be zoned as a planned unit development.

Mayor Hindman opened the public hearing.

David Kurtz, an attorney with offices at 111 S. Ninth, spoke on behalf of the applicant. He explained that roughly half of the property was currently under contract for sale, contingent on approval of the annexation and rezoning, and development of the property was anticipated in the near future. He described the property as being partly open pastureland, partly wooded, and surrounded by residential property. When surrounding property owners were contacted in August, Mr. Kurtz noted several concerns were raised regarding development on the edge of town, but added that there was nothing specific to this particular piece of property. He also noted good access to the tract. He commented that the Commission felt PUD zoning would address density issues, concerns about topography, and existing tree cover on the property. At the urging of the Commission, Mr. Kurtz noted that they met with the City's Arborist who roughed out the areas of mature growth trees, which represented 13% to 14% of the tree cover on the 88 acres. He felt the issues raised were issues that would more appropriately be addressed during the preliminary plat phase. He added that they anticipated preserving as many trees as possible and that the landscaping and tree ordinance would obviously be applicable to any development that subsequently took place on the property.

John Sam Williamson, Jr., 4903 S. Coats Lane, explained this property was part of a farm his family had owned for three generations, since 1892. When The Cascades was built, they put in a sewer treatment facility which they sized twice as big as what was needed for the development, anticipating it would provide City sewer to the rest of his land on Route K. In regards to concerns voiced by the Commission about the terrain and trees, he noted that he and the City's Arborist drove over the tract. He pointed out the tree line and stated that consisted of 13 ½ acres of forest land. He explained, per the tree ordinance, they would be required to keep 25% or 3.375 acres. Mr. Williamson stated his intention was to keep almost all of the trees, taking out a few for the sewer line and road crossing. The mature oak trees, he felt, were valuable to the property and would be nice in someone's yard. He also noted a lengthy, deep ravine through the property with a creek and a small pond they intended to keep. The creek was regulated by the Corps of Engineers and their intention was stay out of the area as much as possible. He added that the suggested PUD would be much more dense than what he had in mind, which was two or three lots per acre. Mr. Williamson felt the appropriate zoning to be R-1 and asked the Council for their support.

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

Mayor Hindman felt the Commission made some good points about a PUD allowing more creativity and perhaps conserving more land, but noted it had been customary for people annexing to come in with R-1 zoning. He was hopeful, with some work, PUD's would become the first choice for people because they would be able to do more with it.

Mr. Ash thought that, if they came forward with a PUD request, it would be warmly received, but he was a little confused as to why they would be against an R-1. He commented that the PUD was always out there for people that wanted to get a little more creative.

Mr. Hutton agreed and felt the process being entered into was a little scary on the developer's part. He noted an item later on the agenda where the Commission actually stated they would gladly accept a PUD with a density equal to or greater than an R-2, after voting down an R-2. He was not sure a PUD-4 or PUD-5 on the subject tract would be warmly received. He also added that they wanted people to voluntarily annex their property and for doing so were providing them two things - a sewer and zoning equal to current County zoning. Mr. Hutton suggested they formally change the rules, if they were going to change them. Mayor Hindman agreed and said that was why they needed to try to make a PUD so attractive that it would be the default choice to make.

B315-04 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B316-04 Voluntary annexation of property located on the southwest corner of State Route K and High Point Lane; establishing permanent R-1 zoning.

The bill was given second reading by the Clerk.

Mr. Beck described this as a 40 acre tract located in south Columbia. Both Staff and the Commission recommended approval of the R-1 zoning.

Mayor Hindman opened the public hearing.

David Kurtz, an attorney with offices at 111 S. Ninth, spoke on behalf of the applicant, and stated this property was immediately east of the previous property considered. They anticipated single family residential development starting on this property in the very near future. He pointed out that annexation was contingent on being zoned R-1. He noted that R-1 would be consistent with the Metro 2020 Plan. They met with the neighbors in August and the same questions were raised regarding access, drainage, and development in this part of town. He added that there were not a lot of specific issues with this particular proposal.

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

B316-04 was given third reading with the vote recorded as follows; VOTING YES: LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B317-04 Voluntary annexation of property located within an unincorporated island on the north side of St. Charles Road, east of Upland Creek Road; establishing permanent R-1 zoning.

The bill was given second reading by the Clerk.

Mr. Beck described this parcel as a one acre tract located in northeast Columbia. Both the Staff and Commission recommended approval of the R-1 request.

Mayor Hindman opened the public hearing.

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

B317-04 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B318-04 Voluntary annexation of property located on the east side of Bearfield Road, approximately 1,200 feet south of Nifong Boulevard; establishing permanent O-P zoning.

The bill was given second reading by the Clerk.

Mr. Beck noted that the request for O-P zoning on this five and one-half acre tract was recommended for approval subject to all uses being O-1 uses.

Mayor Hindman opened the public hearing.

Craig Van Matre, an attorney with offices at 1101 E. Broadway, spoke on behalf of the applicant. He explained they wanted to use the facility as a residential facility for abused children by acquiring six of the buildings previously used by Woodhaven and converting them for use as a residential care facility for the Boys and Girls Town group.

Cindy Burks, Vice-President of Treatment for the Boys and Girls Town, with offices at 601 Business Loop 70 West, explained that they had been asked to assume the responsibility for The Front Door residential facility in 2001. At the time they assumed that responsibility, they made the pledge to provide a financially responsible and healthy environment for abused and neglected children in the Columbia area. Currently their programs serve 31 youths in residential treatment in two separate locations in Columbia. Current services include residential treatment, transitional living for the older adolescents, and independent supported living. The youth served in the Columbia facility are enrolled in Columbia Public Schools with about 30% of them working either full or part time in the community. The youth participate in activities such as athletics and choir within the school district and participate as volunteers at the local humane society. They would like to expand their programming and services and would like to consolidate all of their administrative offices and residential services. They would also like to increase the number of beds from 31 to 48. This new site would provide them with that opportunity and, if necessary, would also allow on-site education for middle and high school students and a greater area for recreational activities.

Chris Sander, project engineer with Crockett Engineering, 2608 N. Stadium, explained the tract was currently served by Boone Electric and would continue to be served by them until it was completely redeveloped, per a territorial agreement with the Columbia Water and Light Department. In addition, several years ago, the property was turned over to the Consolidated Water District No. 1 and due to a territorial agreement it would be served by City Water and Light. He explained they would be extending a main 500 to 700 feet from the north to the site. The sanitary sewer would also be served by the City of Columbia, with a gravity sewer main located 500 to 700 feet east of the site. The Boys and Girls Town would extend its sewer to connect to it. Mr. Sander stated that a development plan had been prepared and was currently being reviewed by City Staff. They were using that plan to make some modifications to the site. He noted that approximately 500 square feet would be added to four of the six buildings and modifications would be made to tailor it to this kind of a use. He explained a maintenance building was located on the site and in what would be the dedicated right-of-way. That building would be removed and replaced elsewhere on the site.

Rick James, 300 Bingham Road, President of the Columbia Board of Trustees, explained that there were 20 residents serving on the local Board. He said the Board unanimously supported the project. Mr. James noted their commitment to the City of Columbia and felt this represented the highest and best use of the property. He pointed out that the State Division of Family Services also backed this project and added that the State had already issued $250,000 in MAP credits for this project.

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

Mr. John pointed out an older single family homestead very close to this property. He suggested making sure buffering and screening were adequately addressed during the planning process.

B318-04 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B319-04 Voluntary annexation of property located on the southeast corner of U.S. Highway 63 and Oakland Gravel Road; establishing permanent C-P zoning.

The bill was given second reading by the Clerk.

Mr. Beck described this as a ten acre tract recommended for approval by both the Staff and Commission.

Mayor Hindman opened the public hearing.

Dan Simon, an attorney with offices at 203 Executive Building, spoke on behalf of the applicants. He noted Staff recommended approval and that the Commission had unanimously recommended approval of the request. He knew of no opposition.

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

B319-04 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B320-04 Rezoning property located on the west side of Brown Station Road, north of Elm Grove Drive from A-1 to R-2.

Mayor Hindman noted that a request for withdrawal had been received.

(A) Voluntary annexation of property located on the south side of Old Plank Road, approximately 600 feet west of Bethel Church Road.

Item A was read by the Clerk.

Mr. Beck explained this would not require Council action at this point. It involved 21.7 acres located in south Columbia with a request for R-3 zoning.

Mayor Hindman opened the public hearing.

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

R197-04 Approval of the 2005-2009 Consolidated Plan, Analysis of Impediments to Fair Housing Choice and 2005 Action Plan.

The resolution was read by the Clerk.

Mr. Beck explained that in order to receive funds from the Department of Housing and Urban Development, the City was required to submit a Consolidated Plan every five years regarding the City's needs, goals, and objectives for its community development activities that primarily benefitted low to moderate income persons. The Consolidated Plan also required the City to implement the recommendations of an Analysis of Impediments to Fair Housing Choice. As required by HUD, an updated Analysis was prepared this year for Council approval, along with the Consolidated Plan as a separate document. Each year of the Consolidated Plan, the City must also submit an Action Plan, which includes plans for the expenditure of CDBG and HOME funds. A public hearing must be held and a resolution must be approved adopting the plan. The Council previously received the draft of the 2005 - 2009 Consolidated Plan after it was recommended for approval by the Community Development Commission. The Council also received a draft of the Analysis of Impediments to Fair Housing Choice, as recommended for approval by the Human Rights Commission. Because the Analysis of Impediment Study was required in order to approve the Consolidated Plan, and because the Consolidated Plan was required to approve the City's Annual Plan, Mr. Beck noted that all three documents should be approved at the same time. Because comments had already been received and more might be made at the public hearing, as well as following the public hearing, Staff recommended that the Council hold the public hearing over to the October 18 meeting at which time all comments could be considered.

Mayor Hindman opened the public hearing.

There being no comments, Mayor Hindman continued the public hearing to the next council meeting.

Referring to page 14 in regards to affordable rental housing and the issue of rehabilitation, Mr. Janku asked about the program that dealt with that issue and if it was still functioning. Mr. Lata replied that City still had a rental housing rehab program and wanted to continue it. He noted that they had received quite a few requests for information on the program due to a recent increase in the fair market rents of almost $100.

OLD BUSINESS

R136-04 Approving the Preliminary Plat of Trail Ridge Subdivision Block 3.

Mayor Hindman noted that this item was withdrawn earlier this evening by Mr. Simon.

B269-04 Approving the Final Plat of Tom and Jeff's Most Excellent Adventure Plat 1; authorizing a performance contract.

The bill was read by the Clerk.

Mr. Beck explained this would create one four acre lot zoned PUD-7 and one R-1 zoned lot which would front on the south side of Weston Drive. He noted an amendment sheet had been prepared reflecting a change that was made in the plat.

Mr. John made the motion that B269-04 be amended per the amendment sheet. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.

Jack Wohlman, 3210 S. Rodeo, asked which lot had been changed. Mr. John explained that the lot on Weston was now one lot rather than two.

B269-04, as amended, was read with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B330-04 Amending Chapter 27 of the City Code as it relates to the CASH and HELP programs.

The bill was given second reading by the Clerk.

Mr. Beck explained the question was raised as to whether or not the amounts available should be increased in both programs. The ordinance would increase the amounts 10%.

Mr. Ash asked if maybe the amount should be $600 instead of $605, making it more easily computable. Mr. Janku asked how the $605 was determined. Ms. Crayton asked if any of this was State money. Mr. Beck explained this to be the City's check off program only.

Ms. Browning commented that the ordinance had not been updated for years. She noted that it gave her the authority to set the policy within the Health Department. Every year, she explained, she and the Finance Director would go through and look at the available balances in both programs and then made adjustments as needed. She stated that they did not want to build up too much of a balance, nor did they want to take it too low, because they wanted to provide a steady service to the residents. This would raise everything 10%, as directed during the budget hearings. They rounded up to $275, but could easily go to $600 on the other. She reiterated this was the check off program for the City Water and Light customers where customers could add extra to their bill. It did not include any HDC funding.

Mr. Ash made the motion that B330-04 be amended by changing $605 to $600. The motion was seconded by Mr. John and approved by voice vote.

B330-04, as amended, was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON. 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.

B321-04 Vacating unbuilt street right-of-way and adjoining easement in conjunction with the proposed Replat of Norbury Hill Subdivision.

B322-04 Approving the Replat of Lots 11, 12, 13, 14 and McClure Court of Norbury Hill Subdivision; authorizing a performance contract.

B323-04 Approving the Final Plat of Timber Creek, Plat No. 2, a Replat of Lot 9 of Timber Creek Plat No. 1; authorizing a performance contract.

B324-04 Approving the Final Plat of Barnett Ridge Subdivision, authorizing a performance contract.

B325-04 Approving the Final Plat of CenterState Plat 4; authorizing a performance contract.

B326-04 Vacating a public alley between Pecan Street and Dysart Street; accepting conveyances for sewer purposes.

B327-04 Accepting conveyance, authorizing payment of differential costs for water main serving Vanderveen Crossing, Plat 13; approving the Engineer's Final Report.

B328-04 Accepting conveyances for utility purposes.

B329-04 Authorizing a cooperative agreement with the Missouri Department of Conservation for a T.R.I.M. II grant; appropriating funds.

R186-04 Setting a public hearing: voluntary annexation of property located on the north side of Richland Road, east of the City limits.

R187-04 Setting a public hearing: construction of water main serving Forest Ridge, Plat 2.

R188-04 Setting a public hearing: construction of water main serving CenterState, Plat 3.

R189-04 Setting a public hearing: construction of water main serving Hunter's Gate, Plat 3A.

R190-04 Setting a public hearing: construction of water main serving Oakland Park Estates, Plat 1.

R191-04 Authorizing an Adopt A Spot agreement.

R192-04 Authorizing an Office Sharing Agreement with the Missouri Association of Community Arts Agencies.

R193-04 Authorizing an amendment to the agreement with Bucher, Willis and Ratliff Corporation for engineering services as it relates to repairs on the runways and taxiways at Columbia Regional Airport.

R194-05 Accepting a donation of personal protective equipment from SEMA to be used by the Police Department.

R195-04 Authorizing an amendment to the electric energy sales agreement with Ameren Energy Marketing Company.

R196-04 Authorizing an agreement with Alamosa Properties, LLC to lease space at the Shepard water tower site for commercial mobile radio service antennas and equipment.

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

NEW BUSINESS

R198-04 Authorizing agreements with various organizations for FY 2005 tourism development funds.

The resolution was read by the Clerk.

Lorah Steiner explained they were transferring $248,323 for the contracts. Two of these were internal and for the Heritage Festival and the Festival of the Arts. The remainder was for contracts with outside organizations.

The vote on R198-04 was recorded as follows: VOTING YES: LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R199-04 Authorizing agreements with various cultural arts organizations.

The resolution was read by the Clerk.

Marie Hunter explained this as the standard process for annual arts funding. She noted 16 contracts were awarded to local arts organizations amounting to $76,244. The vote on R199-04 was recorded as follows: VOTING YES: LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R200-04 Authorizing an agreement with Republic Parking System, Inc. for a parking concession at Columbia Regional Airport.

The resolution was read by the Clerk.

Mr. Patterson commented that if they had the same number of users as last year, they should see the same revenue or slightly higher. He explained that they had gone out for proposals after the contract with Republic expired and that only one proposal was received, which was from Republic. He then directed the Airport Manager to look at alternatives, such as the City actually taking over the parking service, and discussing it with the Advisory Board to come up with accurate numbers. It appeared that if they could renegotiate the contract with Republic, they would be better off doing so. In order to try to maintain a revenue stream comparable to what they had in previous years, the base payment amount was lowered from $3,350 to $2,000. To offset that, the threshold for them to start making incremental payments based on gross revenues was also lowered from $8,142 to $5,000. He reiterated that if they had the same users as they had this year, the City should see the same revenue. To accomplish that the rates would be increased from $4 to $5 per day and $16 to $25 per week. He pointed out those rates had not been increased since 1997.

Mr. Janku asked if they found costs would be higher if they took care of it in-house. Mr. Patterson said it appeared the costs would be higher if the City tried to man it the same hours because employees would have to put on duty. He noted that labor was the big thing. In comparable markets, Mr. Janku asked if parking was charged for or if it was free. Mr. Patterson replied that periodically they compared the City's rate to comparable parking markets. He felt the City had managed to stay in the middle. He noted that $5 per day was not a high charge. Mr. Janku understood that, but questioned if they were trying to make it more reasonable to fly out of Columbia when sometimes people paid more to fly out of our Airport. Mr. Patterson replied that was why they wanted to see if they could do it in-house, less expensively.

The vote on R200-04 was recorded as follows: VOTING YES: LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R201-04 Authorizing an amendment to the agreement with Burns & McDonnell for engineering services relating to the design of Chapel Hill Road from Scott Boulevard to Stonecrest Subdivision.

The resolution was read by the Clerk.

Mr. Patterson explained that this last year, when looking at the capital improvement projects that were considered to be a high priority for next year, the Council indicated Chapel Hill would be one on which they would like a lot of emphasis placed. If they wanted to get the project done next year, he thought it made sense to expand the Scott Boulevard project because of the amount of interconnection between the two, particularly in hydraulic considerations, environmental assessments, and the intersection design of Chapel Hill and Scott Boulevard. For that reason, they tried to incorporate into the contract some of the Scott Boulevard intersection design with the Chapel Hill project to get the complete design for Chapel Hill, so it could be under contract next year. In conjunction with this, the environmental permitting and assessment process would be very extensive and they felt it would be in the best interest of the City to combine the two due to their proximity and because they would have the same areas of impact. Mr. Patterson explained they negotiated an addendum to the contract to do the environmental permitting for both Scott Boulevard and Chapel Hill at the same time. That was what was represented in the agreement. Funds have already been appropriated for these purposes, so there would be no additional appropriation from the project account in order to move forward.

Mayor Hindman remarked on the importance of the Scott/Chapel intersection and stated the Council wanted to make sure they had the latest thing, in connection with pedestrian and bicycle considerations, incorporated in the design. He felt we needed to be absolutely certain that somebody completely familiar with that was involved in the design process of this important intersection. He asked what had been done to make sure that was done in connection with this contract. Mr. Patterson explained that this firm did a lot of major projects of this type with pedestrian accommodations and major intersections. The process would be to have the opportunity for all of the interested parties, like the Bicycle/Pedestrian Commission, to be involved. He said they had a lot of expertise in these areas that could contribute to the design. At this point, he explained, there was no pre-conceived concept of how that intersection was to be configured and what facilities would be put in. That would all evolve during the public hearing process so the Council and community advocates could have an opportunity to participate in the design process. In recent years, Mr. Patterson explained, they had designed a list of what they define as interested parties, which always included the Bicycle/Pedestrian Commission, neighborhood associations, and anyone else who was identifiable as being impacted by the project. He said they were put on a notification list and invited to preliminary meetings so their input was received at an early stage. They were also kept informed through the process, so they would have the opportunity to make comment as each stage of design was reached and before it got to the point it was ready for contract.

Mr. Janku recalled Chapel Hill being the subject of a developers agreement. He also recalled the Council having issues with the width and coming up with an unusual one. He asked if that was written in stone, in terms of design, or if flexibility had been written in. Mr. Patterson replied that the design Mr. Janku referred to was within Stonecrest Subdivision only. This project was only from Scott Boulevard1600 feet over to the Subdivision. He added that nothing had been predetermined on that section.

John Clark, 403 N. Ninth, explained that he had been a member of the street standards design group that worked 15 months on standards and guidelines to guide Staff and enable them to do their job. He felt the same thing needed to be done for setting intersection design standards. He commented that he had personally participated in a few of the interested parties processes that Public Works had developed. He felt the process to be a vast improvement over five years ago, but said the Department had not been given enough money for Staff and training to do it really well.

The vote on R201-04 was recorded as follows: VOTING YES: LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R202-04 Accepting a donation of space and materials for a Police Department Substation.

The resolution was read by the Clerk.

Chief Boehm thanked those who donated space and materials for this substation. He explained this would be just like the other substations. It would not be staffed, but was a place, closer than the main facility downtown, for officers working in the northeast part of the community to write reports while having access to a computer and phones for follow up.

The vote on R202-04 was recorded as follows: VOTING YES: LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R203-04 Authorizing an agreement with The Buske Group for cable television consulting services.

The resolution was read by the Clerk.

Mr. Beck explained this agreement would be for consulting services in connection with the renewal of the cable television franchises with Mediacom and Charter Communications. He said they would also audit the cable companies.

The vote on R203-04 was recorded as follows: VOTING YES: LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU, HUTTON. 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:

B331-04 Voluntary annexation of property located on the south side of Old Plank Road, west of Bethel Church Road; establishing permanent R-3 zoning.

B332-04 Rezoning property located on the east side of U.S. Highway 63, north and south of Stadium Boulevard, extended, from A-1 to C-P.

B333-04 Approving the Waffle House C-P Development Plan.

B334-04 Approving the Final Plat of Eastport Village Plat 5; authorizing a performance contract.

B335-04 Approving the Final Plat of Spauldin Subdivision Plat 1; authorizing a performance contract.

B336-04 Authorizing acquisition of land located at the intersection of Keene Street and St. Charles Road for construction of a new fire station.

B337-04 Establishing Sanitary Sewer District No. 148 along South Garth Avenue.

B338-04 Confirming the contract with Columbia Curb & Gutter for repair of runways and taxiways at Columbia Regional Airport; appropriating funds.

B339-04 Authorizing a Right of Use Permit with LPBW Development Company, LLC to allow the installation of landscaping, an irrigation system and lighting within a portion of the Cascades Drive right-of-way.

B340-04 Authorizing construction of water main serving Forest Ridge, Plat 2; providing for payment of differential costs.

B341-04 Authorizing construction of water main serving CenterState, Plat 3; providing for payment of differential costs.

B342-04 Authorizing construction of water main serving Hunter's Gate, Plat 3A; providing for payment of differential costs.

B343-04 Authorizing construction of water main serving Oakland Park Estates, Plat 1; providing for payment of differential costs.

B344-04 Appropriating funds for the replacement of economizer tubes in Boiler #7 at the Municipal Power Plant.

B345-04 Accepting a conveyance for utility purposes.

B346-04 Amending Chapter 17 of the City Code to codify parks and recreation fees.

B347-04 Accepting a donation from the Youth in Action Program for the purchase of recycling bins for the Public Works Department; appropriating funds.

B348-04 Appropriating SEMA State Homeland Security Grant funds for the purchase of personal protective and rescue equipment for the Police Department.

REPORTS AND PETITIONS

(A) Intra-Departmental Transfer of Funds.

Report accepted.

(B) Street Closure Request.

Mr. Hutton made the motion that the requests be approved as written. The motion was seconded by Mr. John and approved unanimously by voice vote.

(C) 80-Acre Point Sewer Request.

Mr. Beck noted that approximately 120 acres would drain to this point. He was not sure if the park area would drain to this sewer line. The next step would be Council direction to proceed with setting a public hearing.

Mr. Loveless made the motion that Staff be directed to proceed with setting a public hearing for the project. The motion was seconded by John and approved unanimously by voice vote.

(D) Sales on Park Property.

Mr. Hood explained that concern had been voiced to the Council about not being allowed to sell food or other products at large group picnics and other special events being held on park property. He explained the current policy, as being the selling of any article and/or concessionaire was prohibited on park property, and referred to Section 17-122 of the Code of Ordinances. Because of Council concerns, Staff initiated a review of how other park departments throughout the country addressed the issue. None of the facilities surveyed allowed the unregulated sale and/or collection of funds on public park property. He did say, however, it became apparent that most of them allowed at least some limited sales/concession on park property through special event permit applications and payment of a special use fee. These permits allowed them to control and limit the amount of selling and collection of funds. While some of the departments allowed anyone to apply for such special use permits, many limited the policy to nonprofit and/or charitable organizations. These limitations eliminated the argument that a business was being allowed to use publically owned property for private gain. The fees ranged from $50 to several thousand dollars, depending upon the size and revenue generating potential of the event. As a result of their review, Mr. Hood stated that Staff was recommending modifications to the current policy. Section 17-134 of the Code already required that a permit be obtained from the Park Director for any special use or activity in Columbia's parks. On an annual basis, he thought between 200 and 300 permits of that type were written. Staff recommended the special use permit application be changed so that an applicant could request approval to host an event where products could be sold or funds could be raised for specific purposes. At this time, he said, they felt the policy should have some limitations, such as limiting it to nonprofit and/or charitable organizations. They also recommended limiting the special use permit to a specific location within the park, such as a picnic shelter and the area immediately around the shelter. Staff recommended a $50 special event licensing fee. Mr. Hood said approval of the event permit and payment of the fee could be construed as licensing the applicant as a concessionaire for the special event, and thus, would be in compliance with Section 17-122 of the Code. The Department's fee ordinance already included authority for Staff to charge special event fees within a range of $25 - $250 depending on the event, so no modification of the ordinance would be required to implement this change in policy. Mr. Hood felt they could implement the change in policy because most of the events for this year had taken place and they would have it set up and operating by the time it was needed. He added that Staff, with Council approval of the change, suggested approaching it on a trial basis with a review of it after a year.

Mr. Janku noted someone could request being a concessionaire for a one time event and asked if that would fit under the current ordinance. Mr. Hood said it could if the department sought proposals for those services and allowed all potential vendors to compete. He said they would then have to enter into a contract for those services.

Mr. Janku made the motion that Staff be directed to implement the recommended changes. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.

Mayor Hindman commented that he had many people comment about the availability of coffee at soccer games on Saturday mornings. Mr. Hood understood the Soccer Club operated the concession stand on Saturday mornings near fields 7 and 8, above field 4. He said they had agreements with both the Youth Football Association and the Youth Soccer Association, which granted them the concession rights to sell during their leagues and their events. He thought they might need to renegotiate with them, as it had not been done for several years. If the services needed were not being offered, they could address it that way. Mayor Hindman suggested renting them a cart where they could go from soccer field to soccer field. He also passed along a recommendation about having a hot dog stand at Flat Branch Park.

Mr. Janku commented that Cosmo Park was heavily used and thought the City needed to look at when other groups could operate concessions. Mr. Loveless added that there were many other user groups that were regularly scheduled that would be willing to offer the service.

(E) Shoppes at Stadium TDD.

Mr. Beck noted the suggested Council action to be passage of a motion appointing the City Manager or the Manger's designee, as advisor to the Shoppes at Stadium TDD, and that City Staff continue to coordinate with MoDOT to work toward bringing a development agreement to the Council.

Mr. Hutton made the motion as written in the suggested Council action. Mr. Janku asked to amend the motion to include the new one. Mr. Hutton accepted the amendment. The motion, as amended, was seconded by Mr. Loveless and approved unanimously by voice vote.

(F) Route 763 Improvement Plan.

Mr. Beck reiterated the fact that Staff had been meeting with MoDOT, the County Commission, and stakeholders in the area to try to come up with a plan agreeable to all involved, mostly as it related to access points onto 763. The State preferred roadways of this nature to have as much limited access as possible. A plan had been developed that everyone felt would be workable. The plan would require some construction of some outer roadways, which would be behind the buildings that fronted on 763. MoDOT had not indicated they favored building the roads as part of 763. He noted the group was ready for the plan to go before the MoDOT Commission on November 10th to obtain approval of the concept. After approval, he explained, the Commission would complete detailed plans and specifications and then there would be a development agreement approved by MoDOT and the City Council. If the City wanted additional input, as it related to the detailed plans, such as landscaping, that would have to be done at the expense of the City. The same was true of pedestrian crossings. Mayor Hindman said he would like to have bicycles added because bicyclists cannot get across many intersections today. He explained that the bikes were not heavy enough to set off the magnetic strips to trigger the signals.

Mr. Janku made the motion that the City manager be directed to submit a letter of support to MoDOT for the access management plan for Route 763 including the special considerations the City would like to see addressed - the bicycle issue raised by the Mayor and the other two points mentioned by Mr. Beck. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.

BOARDS AND COMMISSIONS

None.

COMMENTS BY PUBLIC, COUNCIL AND STAFF

Gayle Troutwine, 112 W. Brandon, brought up a Columbia Public School issue regarding the situation for children housed in the trailers at Grant Elementary. She explained she had talked to both the City and State Health Departments about this and added that she would prepare a memo for the Council regarding her concerns.

Mayor Hindman explained they would look over her memo and share it with the City's Health Director as well as with the School District.

Bruce Alspaugh, 2815 Skyview, Chair of the Mid-Missouri LGBT Coalition, thanked the Council for approving the sale of items in the public parks. He explained that last year was the first time the Coalition sponsored the Annual Pride Festival and that was when they ran into the problem with selling items in the park. He said the new policy would help them, but questioned if the $50 permit fee would cover all the community organizations that wanted a table at the festival or if each organization would have to pay a separate fee. He also questioned two sections of the Code, Section 17-121 and 17-123, regarding licensed concessionaires and the posting of signs.

Mayor Hindman suggested Mr. Alspaugh speak with Parks and Recreation regarding his concerns. He said if any other changes were needed, they would come back to the Council.

Mr. Ash referred to a recent report they received regarding restaurants and grease trap maintenance and made the motion that Staff be directed to run the issue by the local Missouri Restaurant Association Chapter to get their input so any potential problems could be ironed out before coming to the Council. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

Ms. Crayton reported a trash situation at the apartment complex on the corner of Ash and West Boulevard and asked that the property owner be notified.

Ms. Crayton commented that the bus service was doing well, except with schedule pick up times. She reported having to wait 40 minutes in between runs on the Mall route and asked that it be shortened. She asked that all of the routes be looked at in regards to their times. Mr. John pointed out that they just changed all of the routes and based them on a 40 minute run. He added that there were public hearings and debates back in June. The only way to speed them up, he said, would be to cut them in half by doubling up the buses, which would double the cost. He suggested getting a cost on it. Mr. Ash pointed out that if there were more riders to make it profitable to have buses more often, they could have buses running on five minute intervals. Mayor Hindman said they could look into the costs involved. Mr. Janku thought it could be handled by priority and incrementally so that it did not have such a massive cost increase at one time. He thought that Mr. Patterson had pointed out that the green route was the one with the most potential. Mr. Beck said he would bring back some numbers for the Council to look at.

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

Mr. Janku thanked the Staff for an update on wireless internet services for the Airport. He was hopeful it would move forward.

Mr. Janku noted that they approved a T.R.I.M. grant on the Consent Agenda this evening. Previously, he said, he brought up the possibility of looking at Providence near Hickman. He suggested looking at that area again.

Mr. Janku noted that Oakland had been striped and said he appreciated it. He also commented on a report provided earlier regarding traffic near Parkade School and stated he was in support of Staff putting the radar speed trailer by the school on Garth.

Mr. Janku stated he would like to authorize Staff to work with the Arcadia Neighborhood Association in regards to landscaping along Brown School Road. When the neighborhood was built, it was part of a developer's agreement and, at that time, landscaping was not included. He noted that he had received a report back from Staff regarding potential problems if the street were to be widened. He suggested looking at what might be possible in that location. Mr. Janku made a motion that Staff be directed to begin discussions about the potential for landscaping. The motion was seconded by Mr. John and approved unanimously by voice vote.

Mayor Hindman commented about the Council talking in terms of increasing density inside the City. Even though the contentious rezoning requests had been withdrawn earlier this evening, he felt they still had an issue that needed to be dealt with. In that case, he said, they were talking about townhouses within easy walking distance of a commercial center. Most of the Council, he felt, thought in terms of having inside development for this community, yet, they receive tremendous neighborhood resistence from it. He suggested they begin thinking in terms of policies on the issue.

Mr. Beck announced that Judge Hamilton signed the Order in Circuit Court today forming the Stadium Corridor Transportation District, giving us two districts along Stadium Boulevard.

The meeting adjourned at 9:25 p.m.

Respectfully submitted,

Sheela Amin
City Clerk