MARCH 20, 2000

    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, March 20, 2000, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council members CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, and CROCKETT were present. The City Manager, City Counselor, City Clerk, and various Department Heads were also present.

    The minutes of the regular meeting of March 6, 2000, were approved unanimously by voice vote on a motion made by Mr. Janku and a second by Mrs. Crockett.

    Mayor Hindman noted that B94-00 would be added under New Business.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mayor Hindman and a second by Mr. Campbell.

Mary Anne McCollum - Census 2000 Presentation
    Ms. McCollum, Chair of the 2000 Census Committee, explained the importance of filling out the census forms and how the information will be used over the next ten years as a source of funding from the federal government.
    Karina Galve-Peritore, a Committee member, explained she has been working with the Committee to reach out in particular to the Hispanic/Latino population.
    Cynthia Mustard, also a Census Committee member, explained how they are striving to contact the underserved population as well.
    Ms. McCollum asked anyone who has not already received a census form to contact the Census Office.
    Mayor Hindman thanked Ms. McCollum and the Committee for their continuous hard work.


B49-00     Rezoning property located on the south side of Clark Lane, across from Ballenger Place from Districts
                 A-1, R-2 and O-P to District C-P.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this 22 acre tract is located in northeast Columbia. He noted that after the Planning and Zoning Commission recommended denial of the request, the applicant met with the Hominy Branch Neighborhood Association and have since submitted an amended request which includes rezoning the western 11.63 acres from R-2 and O-P to C-P, and rezoning a 0.62 acre triangular piece from A-1 to O-P with O-1 uses. It was stated that a good portion of the greenbelt would remain A-1.
    Mayor Hindman opened the public hearing.
    Tom Schneider, an attorney with offices at 11 N. Seventh Street, spoke on behalf of the applicants, Mr. and Mrs. Gus Karellas and George Godas. Mr. Schneider displayed a color coded diagram depicting the net outcome of this rezoning application. He noted the proposed C-P area represents an approximate 27% reduction from the original request and would eliminate about one-third of the commercial frontage on Clark Lane. Mr. Schneider explained the land immediately to the north of the frontage is zoned C-P and staff had a concern about a clash of opposing commercial traffic. He said that concern would be eliminated. Mr. Schneider explained that the currently zoned 6 acre tract will remain A-1. He reported the applicants are willing to dedicate it to the City in the form of a greenbelt overlay easement. He related the area to the east is currently zoned R-2 and it would remain as buffer. Mr. Schneider believed it was unlikely there would be any residential development in this area.
    Mr. Schneider pointed out that the reconfiguration essentially conforms to the recommendations of the staff report, and in many way, they thought it conforms to the 2020 Plan should this request be approved. He reported that the applicants agree that a traffic study should be submitted in conjunction with any development plan. Mr. Schneider commented there are obviously traffic issues in the area and the request is very reasonable.
    Mr. Janku said it is conceivable that Ballenger Place will be extended through this tract. He asked if the applicants had considered that in their potential development plans or right-of-way dedication. Mr. Schneider said they had not -- not specifically. He did not think the exact location of the overpass had been determined. Mr. Schneider stated it is thought the extension will occur in this area, but the applicants have not discussed any right-of-way issues with the Highway Department. He noted that it was a significant point because it would address the traffic congestion in the area. Mr. Janku asked what would happen if the development precludes future options with respect to the extension. Mr. Schneider said it would not preclude it, but it may make a difference in the highest and best use of the property in the event of a condemnation case. He said that is certainly not the purpose of this application, but he thought that was the actual fall out in so far as the Highway issue is concerned. Mr. Schneider reported it would probably also force the Highway Department to make a decision now before any development occurs.
    Bonnie Clarkson, 1205 Crump Lane, reported she is opposed to this request, as are her neighbors who live on either side of her. She noted that the subject tract is located directly across the street from her home where she resides with her two young children. Ms. Clarkson indicated she made an investment in her home hoping to keep her children away from the traffic of Clark Lane, and now it appears the traffic will be getting closer to her house.
    Judy Johnson, 1516 McKee, a member of the Zaring Neighborhood Association, noted the resident's growing concern about additional commercial zonings in the area. She believed the neighborhood is being overwhelmed with commercial development.
    Karl Skala, 5201 Gasconade, Chair of the Hominy Branch Neighborhood Association, explained that he had sent a letter to the Council stating his opposition to this rezoning request. He thought that since the Planning and Zoning Commission meeting, the plan had been sufficiently altered. Mr. Skala believed the changes were substantial, even though the new plan contains some positive things, and that the application should be sent back to the Planning and Zoning Commission for their reconsideration before the Council votes on the issue.
    James German, 4217 Stevendale, President of the Alumni Heights Neighborhood Association, spoke against the request.
    Mayor Hindman closed the public hearing.
    In their most recent publication, Mr. Janku reported that MoDOT recognized the extension of Ballenger Place as a possible improvement to the I-63/I-70 traffic issue. He asked how approval of this request would affect those measures in terms of the planning process and ensuring that options are preserved. Mr. Patterson replied staff would try to address that issue when the plan is submitted to assure that the right-of-way is maintained. He pointed out with a little deviation east and west, there will not be a lot of choice about where the overpass will be located. Also significant, regardless of what the Highway Department ultimately decides in their MIS Study, is that the possible extension continues to be something that will be very important to the City of Columbia in future years. Mr. Patterson indicated staff would certainly try to address that opportunity to assure it can occur when the plan comes in for approval. Mr. Janku asked if it is on the City's transportation plan at this point, and wondered about the authority to ask for right-of-way dedication. Mr. Patterson replied the City would have the authority.
    Mr. John acknowledged the problem when significant changes are made to a rezoning request after the Planning and Zoning Commission holds the public hearing. He commented in this case, the Council is again being asked to review something that has been significantly changed, hopefully for the better, without having a recommendation from the Commission. He pointed out that the original request had been defeated on a 7-0 vote. Mr. John remarked that the Council has no idea what the Commission might have recommended on this particular request. He preferred that the amended request be sent back to the Planning and Zoning Commission for further review.
    In addition to Mr. John's thoughts, Mr. Campbell had concerns about the increased traffic that would be generated by this development. Until the traffic situation is resolved, he would be reluctant to approve this rezoning request.
    Mr. Janku felt Mr. John's remarks were appropriate, however, sometimes amendments are made to plans that reflect comments made at the Planning and Zoning Commission meeting in an attempt to address concerns that were conveyed at the public hearing. He did not think the Council should necessarily refer those applications back to the Commission. As that is not the case in this situation, Mr. Janku would agree with Mr. John's suggestion.
    Mr. John made the motion that the issue be referred back to the Planning and Zoning Commission. The motion was seconded by Mayor Hindman.
    There was a discussion about the notice requirements when something is referred back to the Commission. Mr. Boeckmann felt it best to readvertise and have another public hearing at the Commission level. The question was raised of who would pay for the costs associated with the readvertising. Mr. Hancock indicated it would be handled like any other rezoning request -- the applicant would pay for the advertising, unless otherwise directed by the Council.
    The motion made my Mr. John, seconded by Mayor Hindman, was approved unanimously by voice vote.

B70-00     Authorizing construction of an 8-inch water main serving Quail Creek, Plat 1; authorizing payment of
                 differential costs; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that in keeping with City policy, we would pay for the differential in cost between a six and eight inch water line. The estimated cost of the improvement is $5,215 which will be paid from water and electric funds.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B70-00 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B77-00     Change street name from "Charlie Goff Drive" to "Kipling Way."
    The bill was given second reading by the Clerk.
    Mr. Beck noted that approval of this request had been recommended by both the staff and the Planning and Zoning Commission.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B77-00 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSTAINING: CROCKETT. Bill declared enacted, reading as follows:

B81-00     Approving the transfer of a cable television franchise from Falcon/Capital Cable, L.P. to Charter
                 Communications Corporation.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the City Code requires that the Council approve the transfer of a cable franchise. He noted that a substitute bill has been prepared.
    Mr. Boeckmann explained that the bill as introduced simply approved the transfer. The proposed amendment requires that three conditions be met: that the cable company shall submit quarterly reports to the City relating to customer service, the open access issue may be raised by the City at a later date, and the undergrounding of cable lines would be required when the City replaces overhead electric service with underground facilities.
    Mr. Coffman explained the reporting requirements and pointed out that most of these conditions are already expected by the Federal Communications Commission. Regarding the open access issue, Mr. Coffman related that the three Council members on the Cable Committee have agreed this is an important issue. He noted that Columbia is a very Internet focused community, being probably the fourth most Internet connected city in the country. He said we are very fortunate to have two cable companies that offer high speed Internet access, but Mr. Coffman believed there is an issue that will be growing in importance - whether or not one can receive, on a non-discriminatory basis, the Internet service provider that one wants through their cable service modem. He asked Mr. Boeckmann to explain what is occurring in St. Louis in regards to this issue.
    Mr. Boeckmann reported that the City of St. Louis passed a general ordinance that would require open access. A valid petition was submitted and the issue apparently is going to be placed on the ballot as a referendum for the voters to decide. Although, he stated the circulators of the petition had withdrawn it. Mr. Coffman understood that the City of St. Louis passed an open access ordinance and he asked if the petition drive had been an effort by the cable company to repeal it. Mr. Boeckmann said that had been his understanding, but he was not sure if that meant the City is going to require open access, or if it meant they would rather challenge the legislation in court.
    Mr. Coffman asked if the amendment before the Council tonight would simply clarify that the City has the right to pass an ordinance if there is no legal authority prohibiting it in the future. Mr. Boeckmann responded the City of Columbia regulates its cable ordinances in two ways; one is that there are some limitations to the franchise ordinance, and the other is that the City also enacted a general ordinance that has been codified as a chapter of the City Code. In the ordinance that is part of the City Code, a number of regulations have been adopted. Mr. Boeckmann explained that the Council could deal with the open access issue by amending the Code. He did not believe it was necessary to do it as part of a franchise renewal or franchise transfer. He recommended that the Council just amend the general ordinances. Mr. Boeckmann pointed out that the cable company has ten days in which to accept the conditions in the ordinance. By doing that, they would be acknowledging that the open access issue can be raised by general ordinance later on, subject to whatever the federal law is. Mr. Coffman supported non-discriminatory provision of Internet service.
    Mayor Hindman opened the public hearing.
    Don Howser, 4405 Melrose Drive, Chief Operating Officer and Co-Owner of Socket Internet Services, spoke on behalf of the 70 plus employees that Socket employs in Columbia. He thanked the Council for recognizing that the citizens of Columbia deserve the right to choose their Internet service provider. He felt this was a budding opportunity to allow options for the Columbia community. Mr. Howser said as an innovative business, Socket tests new technology on a consistent basis. For Charter to even hint that open access is a technology challenge is laughable. He commented that open Internet access is necessary for true open market commerce and for the development of local technology. He asked that the wording in Section 1B of the proposed amended ordinance be changed from "may" to "shall".
    Mayor Hindman asked if Socket provides Internet access, and if so, whether it was through the telephone lines. Mr. Howser responded his company does provide Internet access through the telephone lines. If Charter Communications is required to provide open access, then Socket could offer service through the cable system as well. Mr. Howser indicated he was very impressed with what the Cable Committee has done so far in terms of educating themselves. However, he noted one statement that had been made was not quite correct. Mr. Howser reported it had been stated that consumers currently have the ability to utilize an Internet service provider after accessing the cable Internet service provider. He said that is not completely true. Mr. Howser indicated a customer could access their Internet service provider only after they are on the cable company's network. He noted that is not the same thing as being able to access any network directly.
    At this point there was a technical discussion regarding DSL lines.
    Mr. Campbell asked if Socket wanted open access over Charter lines, whether the Socket load would be competing directly with the Charter load. Mr. Howser replied it would not.
    Dave Miller, Vice-President of Operations for Charter Communications, said his understanding regarding the transfer ordinance is that federal law mandates that if no action is taken by the City within 120 days, it automatically passes. He said that the platform in St. Louis is open and his company essentially sells a high speed service for $29.95, and from that point people are free to access their own Internet service provider. Mr. Miller commented that is what is proposed for Columbia.
    Mr. Coffman asked what the difference would be between a customer here and a customer in St. Louis subscribing to a cable modem service. Mr. Miller said there is none that he could think of. He believed a point of confusion may be due to Charter's $29.95 fee for Internet access which includes an ISP service. He said they do that for convenience sake because it helped them as an industry to get to the market sooner.
    Mr. Janku asked Mr. Miller if he was aware of the non-discriminatory access wording. Mr. Miller said he was aware of it and thought it was the best approach the City could take at this point in time. He fully anticipates the federal government stepping in at some time in the future.
    Mayor Hindman asked what difference requiring open access would make. He wondered what the objection would be. Mr. Miller said his only concern was that it is not known what requiring open access means at this point in time.
    George Pfeneger, an employee of Sockett, explained the definition of open access. He commented there is a definite difference between open access as they perceive it and as Mr. Miller has described it.
    Mayor Hindman asked what the objection would be to the Council approving a transfer of a system already in place, and delaying the decision as to what the City would do about open access. Mr. Pfeneger believed that what is before the Council allows the opportunity for open access to the citizens of Columbia now. He saw no reason to wait for it. Mr. Pfeneger also thought that if the citizens of Columbia were aware that what is at stake involves their ability to obtain high speed access from whatever service provider they choose, versus being forced to use their cable company, there would be many more people present to debate the issue.
    Mr. Campbell asked how much time lag would be involved because of the differences in routers and the equipment that would be required. Mr. Pfeneger said that would depend on the enthusiasm of the technical people involved in such a transfer. He reported that Socket could do it in a timely fashion.
    John Dupries, co-host of The Internet Hour on KOPN and Chief Engineer of Socket, offered to answer any technical questions. He pointed out that a lot of communities in the United States are requiring open access with the awareness that they are not going to get it. Until the court makes a final decision, Mr. Dupries stated that is not going to happen. He believed that if more communities require open access, the more law suits that Charter Communications, AT&T, etc., will have to deal with. Mr. Dupries thought a critical mass will be reached at some point and the suits will be dropped. He theorized the risk to the City would be minimal considering all of the other cities requiring open access.
    Timothy White, 4001 LaMarr Court, explained that he subscribes to the cable Internet access service that AT&T offers, that Charter would like to assume. He said the simple truth was that he uses this service because he has no choice. Mr. White noted there is nothing in his agreement that states he can use another access provider. Eddy Trower, General Manager of Capital Cable, pointed out that their cable modem service is totally different from what AT&T provides. He understands the open access issue, however, he reported his company currently provides cable service to 1,080 customers within the city limits. Mr. Trower stated Charter would not be able to provide open access right now because the band width is exhausted in certain sections of the plant. He noted that Charter is in the process of upgrading the plant and hope to have it completed before fall.
    Don Neely, speaking on behalf of GTE, reported that the bill pertaining to open access in St. Louis passed 21 to 7, and they have not been sued over it. Regardless of the number of customers, that did not change the open access issue and what it means to the citizens of Columbia. Mr. Neely said if the wording in Section 1B of the ordinance was changed from "may" to "shall", it would create an open access requirement unless the FCC or the federal courts rule that local governments do not have that authority.
    Mr. Boeckmann reported that if the Council wants to impose open access, they should not think changing the word "may" to "shall" would do it. He stated Chapter 10 would have to be amended which would make the condition apply to AT&T as well as Falcon or Charter.
    Mr. Campbell asked what the time line was on this issue. Mr. Boeckmann said the Council has 60 days to act on the transfer. He believed the 120 days is probably correct under federal law. Mr. Campbell asked when the 60 days began. Mr. Boeckmann said it was January 27. He suggested that the Council vote on the issue this evening unless Charter consents to a continuance.
    Joe Ellison, Manager of Information Systems at Socket Internet Services, said that open access is allowing citizens to choose their own provider.
    Brian Burns, 1517 Ross, explained that he moved here from Silicon Valley a few months ago. He reported that he did not have cable service in Silicon Valley because it was not available to him, nor was access through the phone line. He said the reason being was that those lines were tied up by the companies that own the lines. Mr. Burns believed that increased speed and service should decide the issue, not the proprietary owners. He pointed out if the lines are opened up, the company would do whatever was necessary to ensure they could offer service on it. He said if they could not give service equivalent to what AT&T gives, then AT&T would have all of the customers. Mr. Burns was hopeful that it would give the opportunity for everyone to compete on the same platform.
    Mayor Hindman closed the public hearing.
    Mr. Coffman said he is very much in favor of open access, but thought it should be done after a little more education and in such a way that it would apply to both cable companies. He suggested that the Council pass the ordinance per the substitute bill and then pursue open access on a separate basis by amending Chapter 10.
    Mr. Coffman made the motion that B81-00 be amended per the amendment sheet which sets forth the substitute bill. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    B81-00, as amended, was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

R49-00     Approving the FY 1999 CDBG & HOME Performance Report: authorizing the City Manager to
                 submit the document to the Department of Housing and Urban Development.
    The resolution was read by the Clerk.
    Mr. Beck explained this public hearing is an annual HUD requirement. Any public comment received this evening will be forwarded to that agency to be included in the records. The report itself, which was sent to the Council, lists the expenditures by project during FY 99 for both CDBG and HOME federal funds. An overhead was displayed detailing the expenditures.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    The vote on R49-00 was recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

B74-00     Calling for bids for street improvements to Fourth Avenue from Garth Avenue to Providence Road.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the bid would call for a 28-foot street in width and the project includes sidewalks and driveway approaches. Mr. Beck explained that because this is a CDBG funded project, the abutting property owners will be tax billed at half of the cost. The estimated project cost is $252,000.
    Comments were called for with none received.
    B74-00 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B76-00     Amending Chapter 14 of the Code to prohibit parking on the north side of Forest Avenue from Grand
                 Avenue to Providence Road.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that parking would be restricted to the north side of the street between the hours of 8:00 a.m. to 3:00 p.m. on school days. The amendment is the result of a request by property owners because the street is only 26 feet wide and it is difficult to navigate due to the volume of students who park on it during the school day.
    Comments were called for with none received.
    B76-00 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B79-00     Authorizing an agreement with TeleCorp Realty, L.L.C. to lease site for antenna.
    The bill was given second reading by the Clerk.
    Mr. Beck said a request had been received several months ago to construct a cell tower at Fire Station 6 on Chapel Hill Road. He reported staff negotiated an agreement to allow a 120 foot cell phone tower disguised as a flag pole. The agreement is for ten years with a right to extend for another five years. The City will be paid $15,000 per year for the first ten years and if extended, $18,000 per year for each additional year.
    Mr. Janku pointed out that this is a non-exclusive lease. He asked if there is another request for use of the pole, whether the City would be receiving additional compensation from that provider. Mr. Watkins replied there would be additional compensation, but it will not be the same amount because there is a cabinet and some equipment space that will need to be leased as well.
    B79-00 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B80-00     Authorizing a right of use agreement with Williams Communications, Inc.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this proposal involves running fiber optic lines through an abandoned gas line. He noted that the easements are already in place. The staff has discussed the issue at length and determined the cost based on what other cities are doing in similar situations. The charge will be per foot and would amount to approximately $8,000 per year for a ten year period.
    Comments were called for with none received.
    B80-00 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B82-00     Authorizing acquisition of property located at the northwest corner of Bearfield and Nifong for
                 construction of a new fire station.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the November ballot issue included funding for a new fire station in southeast Columbia. After consideration, staff chose a 1.94 acre tract of land. He reported this ordinance would authorize the acquisition of the property.
    Mr. Janku recalled a recent rezoning in this area and spoke about the volume of traffic at this intersection. He asked if a stop light is being anticipated. Mr. Beck said staff would have to determine if that would be warranted. Mr. Janku wondered whether the City would have the authority to install a signal with the state controlling Nifong. Mr. Patterson explained that the City has already signed an agreement accepting Nifong when the new Route AC is constructed.
    B82-00 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, JANKU, CRAYTON, CROCKETT. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

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

B71-00     Accepting easements for utility purposes.
B72-00     Authorizing agreements with UMC and Professor James R. Davis in connection with the EPA Clean
                 Water Act Phase II Storm Water Regulations; appropriating funds.
B73-00     Approving Change Order No. 1 and the engineer's final report for the Nifong Boulevard and Bethel
                 Street intersection improvement project.
B75-00     Calling for bids for construction of the C-6 Bearfield Subdivision Lagoon Interceptor.
B78-00     Approving the final plat of Wellington Manor Plat 2; authorizing a performance contract.
R41-00     Setting a public hearing: voluntary annexation of property located on the west side of Bearfield
                 Road, approximately 500 feet south of Nifong Boulevard.
R42-00     Setting a public hearing: construction of the Wetland Treatment Units Berm Repair Project.
R43-00     Setting a public hearing: amendment to the FY 2000 Action Plan.
R44-00     Approving the preliminary plat of Vanderveen, Plat #2.
R45-00     Authorizing an agreement with Boone County for JCIC clerical services.
R46-00     Authorizing amendments to agreements for the 1999 Emergency Shelter Grant Program.

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

R47-00     Authorizing an agreement with Crawford, Murphy & Tilly for engineering services related to the
                 design and construction of the Upper Hinkson Creek outfall relief sanitary sewer improvements.
    The resolution was read by the Clerk.
    Mr. Beck explained that this will be a 48-inch line and indicated this ordinance will provide the engineering service at an estimated cost of $89,000 with the project cost being estimated at $1 million. Funding would be paid by sewer utility funds authorized in a revenue ballot issue. Mr. Beck related how the staff decides on which firm to use on various projects.
    The vote on R47-00 was recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R48-00     Authorizing an agreement with Shelter Mutual Insurance Company; authorizing request for proposals
                 for backup generators.
    The resolution was read by the Clerk.
    Mr. Beck pointed out that the Council had discussed this issue at a work session and that this would be the first of its kind in Columbia.
    Mr. Malon explained that this generator will be located at Shelter Insurance and would provide backup in case of a power failure at the facility. He described it as consisting of two 1,250 KW diesel generators and a switch gear in enclosures that would be installed on the property. Mr. Malon reported it will also be designed so that the units can be run in parallel with the City's system during peak times. As a result, he noted the City can take credit for peaking capacity and off-set purchases. Mr. Malon noted that this is proposed to be a lease finance project with the term of the lease tied to the term of the contract for the generator. At the end of the seven year contract, the City will end up owning the equipment. Mr. Malon explained the project will provide both value to Shelter Insurance Company and to the utility.
    The vote on R48-00 was recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R50-00     Determining the use of City-owned property along Flat Branch between Elm Street and Locust Street.
    The resolution was read by the Clerk.
    Mr. John explained his substitute resolution. He reported the current plan shows a parking lot with 29 spaces at the actual Trailhead itself. Mr. John stated that left the park itself relatively small with the area south of Locust being significantly larger. He proposes to amend the bill by moving 19 parking spots from the north to the south side of Locust Street. Mr. John pointed out that the amendment would provide parking for the Chamber of Commerce as well as creating a better Trailhead Park consisting of more overall greenspace.
    Mr. John made the motion that R50-00 be amended per the amendment sheet. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
    John Ott, 212 Bingham, Chair of the Trailhead Park Committee, displayed a diagram of the proposal which they felt would draw people to the downtown area. He described the plan. He explained that the group has worked very hard to create a park with a maximum amount of greenspace. Mr. Ott commented that the Committee is appreciative of the Council support they have received and thanked Mr. John for his idea regarding the parking issue.
    Mr. Campbell asked if the plans would affect any parking on the south end of Fourth Street. Mr. Ott said it would remain as is -- 43 parking spaces.
    Gary Oxenhandler, Chair of the Board of Directors of the Chamber of Commerce, remarked representatives are present to join in support of the proposal that was just made by John Ott of the Trailhead Committee. He said they have had many, many discussions in regard to this matter and numerous bridges had to be built in order to get here this evening. He thanked Mr. John for his suggestion and noted that Mr. Campbell had spent a lot of time keeping the two groups at the table in search of a plan that would meet the needs of the Chamber, the Walton Building, the Trailhead Committee, and the citizens of Columbia. On behalf of the Chamber, Mr. Oxenhandler stated they believe the plan presented this evening meets all of those needs. He indicated that the Chamber looks forward to working with the Committee in making the public aware of the proposal if it passes, and to assist in raising funds for the Trailhead expansion. The Chamber thinks this will be a great amenity for the downtown area as well as for the City of Columbia.
    Mr. Campbell said the parking lot would be very tempting and asked how it would be monitored. Mr. Oxenhandler responded the lot would only accommodate either reserve or permit parking. He noted parking will be available to anyone, however, the occupants of the Walton Building will be given the first opportunity to rent or reserve those spaces on an annual basis. As with any other lot, Mr. Oxenhandler stated it would be up to the Chamber to enforce parking.
    Mr. John pointed out that the spaces would only be reserved for normal business hours and the lot would still be available on weekends and evenings for park users or downtown visitors.
    Mohammad Eldeib, spoke on behalf of the Islamic Center of Central Missouri, regarding the best public use of the property. He reported the Center believes the property should contain the following three items; a green space adjacent to the creek, limited parking (between 15 to 20 spaces), and a portion of the property should be reserved to allow for an addition to their cultural and education center. Dr. Eldeib noted that the City has invested more than $160,000 to secure the Blind Boone Home as a landmark on the Katy Trail. Similarly, the Islamic Center believes the proposed cultural and educational center deserves the same attention. He explained that the Center requests only a small piece of ground, less than 50 feet in width. He said it would leave over 70 x 300 feet for the park, greenspace, and parking. Dr. Eldeib asked the Council to reconsider their previous decision.
    Ali Jabigney, 3311 Belle Meade, agreed with Dr. Eldeib. He said the Islamic Center has been excluded and it was not fair to them.
    William Woodward, 200A Unity, spoke in opposition to the proposal.
    Jeff Stack, a member of the Mid-Missouri Fellowship of Reconciliation, explained that he has worked often with the members of the Islamic Center and he has appreciated their presence in the downtown area and the diversity they bring to our community. He was hopeful parking could be handled differently so the Islamic Center could be accommodated.
    Robert Cunningham, 2504 Waterside Drive, spoke in support as a member of the Committee. He complimented Mr. John and the Council for the suggestion of extending the original part of the park. He thought the extension would do a lot more than resolve the parking problem.
    Mayor Hindman theorized the whole complex of greenspace linked together will be an extraordinarily valuable benefit to downtown Columbia. He said after the project is completed, everyone will realize just how significant it is. Regarding the comments made about space being needed for the public, Mayor Hindman said that was the whole idea of the Trailhead Park -- to provide a genuinely public place in the downtown area. He said the Islamic Center, very properly, has raised the question of the necessity of a parking lot where they had requested the purchase of City land for expansion purposes. Mayor Hindman stated it is his view that the Walton Building is a City building and this area is City property. He remarked the Council's concern relates to what is the best use for the public. If the City were to sell a portion of the land to the Islamic Center, the Council would be removing it from some valuable public uses. He said a tough decision had to be made about whether or not that was the proper thing to do. Mayor Hindman said it was the Council's belief that the best thing to do was to maintain it in public ownership for public use. He believed that to be the right decision. Mayor Hindman asked that people understand there is a big difference between the City giving up the ownership of the property and using it for the benefit of our own building.
    Mr. Campbell said the calls he had been receiving were in favor of retaining the greenspace and not for parking. After seeing the diagram, he was convinced that the new configuration will provide more greenspace in total for the area. Mr. Campbell believed that to be a worthwhile contribution in total for the downtown area.
    Mr. John said that a determination had been made that this property was not in excess of City needs. The plan as it stands now would be a net gain of greenspace.
    The vote on R50-00, as amended, was recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R51-00     Providing relocation assistance grants to the residents of Walnut Woods Mobile Home Park.
    The resolution was read by the Clerk.
    Mr. Beck explained the Council had asked staff to prepare a resolution to allocate CDBG funds to be used for relocation assistance grants. He reported the Council had been sent an update regarding options for resolving the situation at Walnut Woods. Mr. Beck noted staff suggested that if the Council authorizes the allocation, that applications for assistance should be processed through the Voluntary Action Center. Included in the packet was a letter from HUD indicating that funds could be used for this purpose.
    Lisa Shields, #53 Walnut Woods, thanked the Council for requesting the resolution. She suggested that the Council facilitate this difficult situation by making the grants more user friendly. She said the grant is currently limited to moving trailers, but there are some people that cannot move their trailers and they will have to be abandoned. Ms. Shields stated these residents need assistance as well. She believed any of the families still living in Walnut Woods, or families that have already vacated the premises, should be allowed to apply for CDBG assistance.
    Marilyn Paquin, a former tenant of Walnut Woods, explained that as she has already relocated her home, she is now ineligible to apply for any assistance.
    Cindy Mustard, Director of the Voluntary Action Center, reported she has been working very closely with the Office of Community Services and they have met with the residents of Walnut Woods. She noted other agencies that have been involved as well included Consumer Debt Counseling and the Salvation Army. Ms. Mustard stated that the Salvation Army had applied for extra funding from the United Way -- which she believed had been granted. She related that representatives from these agencies have tried to express to the tenants of Walnut Woods that they have extra funds available to help with moving expenses. Not only are they willing to work with the funds outlined in this proposal, she indicated they are also trying to do what they can to alleviate some of the other expenses that have come up. Ms. Mustard felt the recommendation by the Community Services Office was fair and suggested that the Council accept the proposal as presented.
    Mayor Hindman remarked that people frequently get displaced and have to move trailers and so forth. Ms. Mustard agreed. She stated her agency sees that kind of thing on a daily basis. Mayor Hindman asked what kind of assistance these folks are given. Ms. Mustard responded the Voluntary Action Center can assist with funding for utility connections and the Salvation Army can supply help with rent. In dire circumstances like this, she said they have the flexibility to be a lot more reasonable. Mayor Hindman said the difference between this situation and others is that there are so many families involved. Ms. Mustard agreed, although it was through no fault of their own. Mayor Hindman believed any aid that is given should as a result from the short notice. He pointed out Walnut Woods residents have already received financial aid from the fund that JPI set up in addition to the contribution from Larry Rice's organization. Ms. Mustard reported those monies totaled approximately $1,100. Mayor Hindman felt that would surely cover the extra distress caused by the short notice. He said that would put them in the same position as other people who would have been evicted under normal circumstances. Ms. Mustard indicated the average cost for moving a trailer is approximately $1,450. If the Council approves the $350 grant per resident, that would make up the difference.
    Mr. Janku asked if there was anything in the package being offered, monies from the bank fund and the potential City contribution, that would not be normally done by Voluntary Action throughout the year. Ms. Mustard replied that her organization does not have the funding to provide assistance for this type of situation.
    Mr. Campbell asked what the $1,450 figure covered. Ms. Mustard explained that it covered moving the trailer. Mr. Campbell asked if that included skirting and underpinning. Ms. Mustard responded a lot of those costs were probably not covered. Mr. Campbell's point was that, at best, that figure represents only a portion of the relocation expense that will be incurred by the residents.
    Shelly Shields, #49 Walnut Woods, pointed out that the $1,450 figure also did not include the electric wiring (costing between $200-$300) necessary to restore the electric connection. In addition, she noted an electrician is needed in most cases to do this work.
    Thunder Falcon, #36 Walnut Woods, asked the Council, on behalf of Larry Rice, to meet or exceed his donation made to Walnut Woods residents. She touched on the stipulation that those residents owing the City money will not be eligible for the grant. Ms. Falcon explained that as she had lived in the park for many years, she always knew she needed to pay her utility bill. However, the newer residents were told that the utilities were part of their lot rent. She said those people have accumulated bills between $500 and $700. For those with trailers too old to move to another park, Ms. Falcon remarked that relocation assistance would be helpful.
    Paul Modeset, #48 Walnut Woods, spoke in favor of additional funding for the residents of Walnut Woods.
    Jeff Stack, 11 N. Glenwood, thanked the staff and Council for considering the issue so carefully. He asked that the language of the proposal be extended to include assistance to those residents who have already relocated.
    Mr. Coffman said it was his understanding that CDBG money could not be used for expenses already incurred. Mr. Hancock said the general rule is that funds cannot be expended for costs incurred prior to any agreement with an agency or any project undertaken by the municipality before there is a program approved or an agreement is signed. Mr. Coffman asked about changing the phrasing of "moving a mobile home" to "relocation". Mr. Hancock responded there was no HUD requirement tied to that. He felt it could be changed without any problem.
    There was a discussion about the wording and rephrasing of the council bill.
    Per the comments of the Council, Mr. Boeckmann suggested the following:

    Mr. Coffman made the motion to amend R51-00 per Mr. Boeckmann's suggested wording. The motion was seconded by Mr. Janku and approved by voice vote.
    Mr. John stated he understood the issue to be that the City would provide additional assistance to affected social service agencies if their budgets were strained because of the help they were providing to the residents of Walnut Woods. He commented this is not what he expected and as meager as it may be, Mr. John said in some people's minds this is a direct grant. He indicated he has real problems with it.
    Mr. Janku noted if the City approves the legislation, that would lessen the demands placed on the associated agencies because of this situation.
    Mr. Campbell agreed with Mr. John's assessment of the previous Council discussion on this issue. He understood that Ms. Mustard had worked with other agencies on this issue. Ms. Mustard indicated that she was going to propose a request for about the same amount of money as a grant to Voluntary Action Center. However, this was changed in the Planning Department to more closely reflect the HUD guidelines. Ms. Mustard believed that is the reason for this resolution. Mr. Campbell asked if the Voluntary Action Center would be able to meet the needs of the Walnut Woods residents, as well as the needs they would normally meet, within their current existing budget. Ms. Mustard did not believe they could.
    The vote on R51-00, as amended, was recorded as follows: VOTING YES: CAMPBELL, COFFMAN, CRAYTON, JANKU. VOTING NO: JOHN, HINDMAN. ABSTAINING: CROCKETT. Resolution declared adopted, reading as follows:

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

B83-00     Amending Chapter 24 of the City Code as it relates to changing street names.
B84-00     Accepting easements for utility purposes.
B85-00     Authorizing an agreement with Boone County for animal control services; appropriating funds.
B86-00     Authorizing an agreement with Boone County for public health services.
B87-00     Calling for bids for the Lynn Street and Oak Street Drainage Improvement Project.
B88-00     Calling for bids for the Wetland Treatment Units Berm Repair Project.
B89-00     Confirming the contract of Don Schneider Excavating Co. for the Hinkson Creek Trail Phase II Project.
B90-00     Approving the final plat of Arcadia, Plat 6; authorizing a performance contract.
B91-00     Approving the final plat of Open Heart Subdivision; authorizing a performance contract.
B92-00     Approving the final plat of East Pointe, Plat 2-D; authorizing a performance contract.
B93-00     Vacating a utility easement located within Lake Woodrail Subdivision.
B94-00     Amending the City Code: Chapter 18 re: Exclusion of Police Chief from Retirement Plan and
                 Chapter 19 re: Deferred Compensation and Money Purchase Plan.

A)     Social Services Planning Process.
    Mr. Beck noted that this report had been requested by Councilperson Campbell.
    Mr. Campbell thanked Mr. Steinhaus for an excellent report and said he thought this would be an ongoing process.

B)     Ice Skating Facility Request for Proposals.
    Mr. Beck explained that this proposal was put together by City staff, with the help of a consultant working with the Recreation Committee. He said the next step would be for the Council to approve the RFP.
    Mayor Hindman made the motion that the staff proceed with the issuance of the RFP with the modification that it include an option for payment of any portion of gross income. The motion was seconded by Mr. John and approved unanimously by voice vote.

C)     Intra-Departmental Transfer of Funds Request.
    Report accepted.

D)     Benton Stephens Neighborhood Request to Rezone Property.
    Mr. Beck explained that per policy resolution, down zonings may be requested once a year and the City would pay for the associated advertising costs.
    Mr. John made the motion that staff be directed to set a public hearing. The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.

E)     Columbia Community Development Corporation.
    Mr. Hancock described the two changes being requested to the CDC program. The first was to decrease the amount of the subsidy on the homes that are built by the students and an increase on the subsidy for the contractor built homes. He said this should not affect the overall costs of the program. Mr. Hancock recommended this amendment be approved. The second request was for $10,000 in administrative funds. Mr. Hancock explained that the City provides no funding toward the operation of CDC's program. He noted they have asked for HOME funds, but those monies cannot be used for that purpose. Mr. Hancock indicated CDC could use some of the CDBG administration funds. He believed it could be absorbed out of the contingency fund.
    Mr. Janku made the motion that the staff be directed to prepare a new agreement. The motion was seconded by Mr. Campbell.
    Mr. John asked how many houses CDC builds per year. Mr. Hancock replied that CDC's letter indicates that they have constructed four to five houses per year, and they plan to increase that to eight to ten homes.
    Mr. Campbell asked whether representatives from CDC could meet with the Council to discuss the effectiveness of the program. Mr. Hancock indicated he would forward Mr. Campbell's request to the appropriate individual.
    The motion made by Mr. Janku, seconded by Mr. Campbell, was approved unanimously by voice vote.

F)     Percent for Art Project Recommendations.
    Mr. Beck explained that this report explained how staff might proceed with the Percent for Art Program pertaining to the Fire Station and Community Recreation Center projects.
    Mr. Campbell reported he felt rather strongly that the City has to, at a minimum, go to the alternative as provided by the staff for announcements of who is going to be invited to participate in the program. Mr. Janku agreed.
    Mr. Campbell made the motion that the Council adopt the recommendations with the alternative staff recommendation. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

    Upon receiving the majority vote of the Council the following individuals were appointed to the following boards and commissions:

Adams, Algalee P., 2604 Grant lane, Ward 4 - term to expire 4/1/03
Gray, Randall D., 403 S. William, Ward 6 - term to expire 4/1/03
Schulz, Jolene M., 1716 Stirling Court, Ward 5 - term to expire 4/1/03
Shapiro, Elizabeth H., 4013 Newport Court, Ward 4 - term to expire 4/1/03

    Mr. Coffman made the motion that staff be directed to prepare an ordinance in order to begin debate on the open access issue as an amendment to Chapter 10. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    Mr. Coffman remarked that he had attended a Hinkson Valley Neighborhood meeting, and the residents along Bluff Dale have concerns about the storm water grates in the area. He said they feel there are two or three rather large ones and they worry about the safety of their children. Mr. Coffman asked Public Works to check and make sure there was no safety hazard.
    Mr. Coffman explained that a few years ago, the Council vacated a section of Rockhill Road. Before that was done, he said there was considerable discussion about how desirable it would be to have a pedestrian walkway between Cliff Drive and Fyfer Place. Mr. Coffman reported he has been informed by residents who have lived there for many years that the Council may not have had the best information when they approved this vacation request. He distributed to the Council an affidavit disclosing that the street was closed to vehicular traffic at some point in the 50's. In addition, Rockhill Road has been used in the neighborhood as a pedestrian walkway and for many other uses since then. Mr. Coffman asked that staff report back on ways the City might be able to convert a portion of the street to a pedestrian walkway.
    Mr. Coffman made the motion that the staff be directed to report back on the issue. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mrs. Crockett made the motion that the staff be directed to work with Stephens College on the possibility of the City of Columbia purchasing the lake and the golf course when it becomes available for sale, and to report back to the Council their findings along with funding recommendations. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    Mrs. Crockett reported that she has received several calls regarding the Farmer's Market and whether voters approved the Market being included with the Community Recreation Center. Mayor Hindman explained that they had represented at the time of the election that space would be made available, but no funding was approved by the ballot issue. Mrs. Crockett stated people realize the Farmer's Market would have to provide the funding to build the facility, but they wanted to know why they are being allowed to construct a building on the property. Mr. Beck reported the group would have to enter into a formal agreement with the City before they would be able to build on the site.
    Mr. Campbell noted that he has been asked recently about the status of the Health Adventure Center. He asked for a report.
    Mr. John thanked Mr. Campbell for keeping the Chamber and Trailhead groups together during the discussions relating to the Trailhead Park.
    Mayor Hindman thanked Mr. John for his brilliant idea regarding the parking issue in the Trailhead Park area.
    Ms. Crayton congratulated the newest Boone Works graduates and encouraged them to keep pursuing their educational opportunities.
    Mr. Janku remarked that the Council had discussed the Community Action Team at the work session last week. He commented that St. Louis County is considering an ordinance that would allow property owners to be tax billed to correct minor nuisances.
    Mr. Janku made the motion that a report on the ordinance be prepared exploring how it could be applied here, particularly in the case of the automobile issue. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
    Mr. Janku stated that a few weeks ago the Council had discussed the removal of trees on Garth Street and Wilkes Boulevard. He reported the contractor had cut down the trees, but did not remove the stumps and large pieces of wood. Mr. Janku asked the staff to have the contractor come back and finish the job.
    Mr. Janku gave an article to the City Manager to forward to the Convention and Visitors Bureau regarding a new bicycle route being created across the country. He was hopeful the City could figure out a way to connect to it.
    Mrs. Crockett asked about some work being done near the intersection of Nifong and Forum. Mr. Patterson reported that bike lanes in this area are being removed to allow for safe passage of vehicles. The island that is being constructed is the pedestrian refuge approved as part of the development plan. Mr. Patterson explained the intersection will be signalized and the crosswalk will be properly marked. In addition, the island itself will be painted with reflective paint.
    Waldo Palmer, 414 Alexander, asked for an explanation of a report given at the last meeting regarding a reduction in landfill prices. It was suggested that Mr. Palmer contact staff for a copy of the report.
    William Woodward, 200A Unity, thanked Mrs. Crockett for her motion regarding the Stephens College golf course and lake purchase. He asked the Council to appoint a committee to work on it.
    John Clark, 403 N. Ninth, asked the Council to direct Planning and Zoning Commission to prepare a proposal relating to guidelines the Council should follow when considering whether to send zoning applications back to the Commission. He noted the Commission quite often feels left out of the process and he felt the best place to start was to ask them what they would like to see implemented. Mr. Clark also asked the Council to support any state legislation that would lengthen the time with respect to evicting residents of mobile home parks. He requested that the Council direct the Planning and Zoning Commission to begin designing a process to systematically review all open zoning for residential areas in the City of Columbia granted more than five years ago. Mr. Clark asked for a public report on the status of the COLT clean-up and how the money is being spent.
    The meeting adjourned at 12:07 p.m.
                                                                                        Respectfully submitted,
                                                                                        Penny St. Romaine
                                                                                        City Clerk