M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
APRIL 16, 2001
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, April 16, 2001, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council members JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN and CRAYTON 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 April 2, 2001, as well as the minutes of the special meeting of April 9, 2001, were approved unanimously by voice vote on a motion made by Mr. Janku and a second by Ms. Crayton.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    The agenda, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Coffman and a second by Mr. John.
 

SPECIAL ITEMS
    Mayor Hindman introduced Dodo Shila, a Senator from the State of Imereti, Republic of Georgia. Ms. Shila spoke to the Council using an interpreter. She said she was glad to be able to be in Columbia. She brought greetings from the Mayor of Kutaisi, which is our Sister City in the Republic of Georgia. Ms. Shila said she was looking forward to Mayor Hindman's visit next month and felt it would deepen the friendship and partnership between the two cities. Ms. Shila presented the Mayor with a framed, dimensional picture of an ecumenical church. Mayor Hindman presented Ms. Shila with the newest City coffee mug. He explained that this Sister City relationship is successful in large part because of the active participation by a private, not-for-profit organization known as A Call to Serve (ACTS).
 

Public Works APWA International Accreditation
    Mayor Hindman reported the Public Works Department is only the fifth agency in the United States and Canada to receive this international accreditation. He said Columbia citizens should be extremely proud of the Public Works Department.
    Dennis Ross, Director of Professional Development for the APWA, explained that the process takes a little over three years to complete and entails the review of all policies, practices and procedures of a public works department. These results are then compared to nationally recognized recommended practices. Mr. Ross said the staff from the City of Columbia Public Works Department completed the 400 recommended practices that were required of them.
    Larry Lux, from the Board of Directors of the National Public Works Association, conveyed his congratulations to the City and the Public Works staff. He said they had done a tremendous amount of work.
    Mr. Ross presented one plaque to Mr. Patterson for the Public Works Department and one to Mayor Hindman so it could be prominently displayed elsewhere within the City.
    Mr. Patterson thanked the staff in his department and indicated he was privileged to accept this credit on their behalf. He introduced Terry Hennkens, Sewer Utility Manager; Jim McKinnon, Street Superintendent and Chair of the Committee; Mary Ellen Klein, Solid Waste Collection Superintendent and Missouri Chapter President of APWA; and Dave Storvick, a member of the Engineering Division of Public Works. Mr. Patterson said when staff initiated this process three years ago, the purpose was to try to improve the quality of service the Public Works Department provides to the citizens of Columbia. He remarked they are proud to be a part of this community and appreciate the support the Council and the City Manager have given them.
    Mr. Beck congratulated Mr. Patterson and his staff. He commented that Columbia is a full-service city, and he noted that the Department of Public Works has a large number of operations. Mr. Beck stated he was proud of their great achievement.
 

SCHEDULED PUBLIC COMMENTS
Sue Bolin, Barbara Maddox, David Gaffney & Melissa Myers - Highland Park Neighborhood Association: Request to restrict traffic and construct privacy fence.
    Melissa Meyers, a member of The Highland Park Neighborhood Association, passed out maps and plats. She explained a situation in their neighborhood for which they felt they had a solution in regards to restricting vehicular access from the parking lot at the old Nowell's building. Ms. Meyers showed where Roe Lane is supposed to end at the parking lot on Worley. She explained that traffic is turning in on London, speeding through the residential area to exit from the store's parking lot onto Worley Street. The problem has been ongoing for years and the neighborhood is in strong agreement that they would like to have something done about it. The suggestion is to block access from the parking lot onto Rowe Lane by constructing a privacy fence. Ms. Meyers presented the Council with a signed petition.
    Mr. Patterson explained that the staff is in the process of preparing a traffic study of the area.
    Mayor Hindman remarked that the Council and staff would be interested in working with the neighborhood in coming up with the best solution possible.
 

PUBLIC HEARINGS
B101-01A     Establishing permanent R-1 zoning on recently annexed property located on north side of Route K,
                      west of Old Village Road.
    The bill was read by the Clerk.
    Mr. Beck noted that this had been amended and tabled from the last meeting.
    Mayor Hindman reopened the public hearing.
    There being no comments Mayor Hindman closed the public hearing.
    B101-01A was read by the Clerk with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B104-01A     Rezoning property located on north side of East Texas Avenue, east of North Garth Avenue from
                      R-1 to O-P.
    The bill was read by the clerk.
    Mr. Dudark explained that the applicant had originally requested open O-1 zoning. The Planning and Zoning Commission recommended O-P or R-2 zoning. At the last meeting, Mr. Dudark pointed out that the Council agreed to amend the bill to reflect O-P. Since that time, he explained that a letter had been received from the applicant requesting that the O-P be converted to R-2. Mr. Dudark indicated that the R-2 zone would allow residential uses, but would require a conditional use permit for the daycare center.
    Mayor Hindman reopened the public hearing.
    Kenny Mohr, 50 W. Bottner Road, explained that he is affiliated with the daycare center. He urged the Council to amend the request to R-2 zoning.
    Mayor Hindman closed the public hearing.
    Mr. Janku believed that R-2 zoning would be adequate to protect the area.
    Mr. Janku made the motion that B104-01A be further amended per the amendment sheet and tabled to the next meeting. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

B123-01     Calling for bids: upgrade of north Runway 2-20 at safety area at Columbia Regional Airport.
    The bill was given second reading by the Clerk.
    In order to meet current FAA safety requirements, Mr. Beck explained that the north end of Runway 2-20, the north/south major runway, needs to be graded. Furthermore, approach lights and the instrument landing system need to be replaced. The estimated cost of the project is $505,490 with 90% being paid for with FAA funds and 10% with City funds.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B123-01 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B124-01     Calling for bids: construction of engine generator building at flight service station at Columbia
                   Regional Airport.
    The bill was given second reading by the Clerk.
    Mr. Beck explained the estimated cost for the project to be $335,000, with the proposal being that the City would provide the funding out of the designated loan fund to be paid back over 60 months at a 4 1/2% interest rate. This is the policy rate used when spending money out of that particular fund.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B124-01 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B125-01     Calling for bids: construction of improvements to Oakland Park parking lot.
    The bill was given second reading by the Clerk.
    In the budget last year, Mr. Beck reported $50,000 had been included for major improvements to the parking lot at Oakland Park that serves the aquatic center, disc golf course, tennis court complex and shelters. The lot also serves the fitness trail area. The project will be paid for from the 1999 quarter percent sales tax.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Janku asked if there was a way to landscape the islands in the lot. Mr. Hood said that could be done, but it had not been included in the proposal currently before the Council because of the increasing cost of asphalt. He remarked that staff is concerned about having enough funds in the budget to get all of the asphalt work completed. Mr. Hood indicated that he would ask staff to look into landscaping.
    Mr. Janku noted the absence of pedestrian access on the east drive. He asked about some type of alternative walkway to allow for such. Mr. Hood said staff could look at it and they should be able to take care of it.
    B125-01 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

(A)     Improvements to Third Avenue from Garth Avenue to Providence Road.
    Item A was read by the Clerk.
    Mr. Patterson explained that this hearing is to determine the necessity of reconstructing Third Avenue from Garth to Providence. The estimated cost of the project is $260,000 with funding being proposed from the Community Development Block Grant program and tax bills against adjacent properties. He pointed out that the street is an unimproved local residential street within a 40-foot platted right of way. Currently, the street is approximately 18 to 20 feet in width with one, four-foot sidewalk along the south side only. The approximate length of the street is about 1,300 feet. Mr. Patterson noted staff held informal meetings with affected property owners and the neighborhood associations in order to solicit comments and input for the project. He said residents were furnished with copies of this report and they were advised of this public hearing.
    Mr. Patterson reported the proposed improvements will consist of constructing a 28-foot wide street with concrete curb and gutters. A five-foot sidewalk is being proposed along the back of the curb along the north side of the street. In addition, staff proposes a four-foot sidewalk located three feet from the back of the curb on the south side of the street so as to not disturb the utilities within this right of way area as they were upgraded a few years ago. One comment brought forward by some of the residents was the fact that when Fourth Street was reconstructed, the alley between Third and Fourth Streets received a lot of traffic and it was in poor repair. As part of the project, Mr. Patterson indicated there would be some maintenance work done to this alley.
    Because the project is located in a Community Development Block Grant Area, Mr. Patterson reported financing for the work will come from CDBG funds. In accordance with city policy, he said the properties would only be tax billed one-half of the normal rate of construction -- that amount being set at a maximum of $15.00 per foot. The tax bill would be assessed if the property owners do not meet the criteria for low and moderate incomes, in which case they would be eligible for CDBG grants that would pay the entire amount of the tax bill.
    Mr. Patterson reported after the project is completed, another public hearing will be held at which time the Council needs to determine benefits that have accrued to the properties. Some benefits to be considered at that time are as follows: the concrete curb and guttering and the associated storm drainage has improved the overall storm water management; the project has improved the accessability and maintainability of the property and its appearance; the new driveway approaches being constructed will provide better access to the properties; the improved street surface will lessen damage to privately-owned vehicles traversing the street; and the City will be able to better maintain the street, particularly with cleaning and snow removal. Under current provisions, once the street is brought to improved standards, the properties are no longer subject to tax bill maintenance which could be as much as $2.00 per foot per year.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Ms. Crayton made the motion that staff be directed to complete final plans and specifications and construction drawings. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    Mr. Loveless asked whether the Council had recently dealt with a problem related to Hickman High School students parking in this area. Mr. Patterson replied the area in question affected Austin Avenue. He said an ordinance is being introduced to address the situation. In regards to this particular project, staff recommends that the street be constructed as proposed. If parking becomes a problem on Third Avenue as well, then the Council can consider possible restrictions.
 

(B)     Approval of art concept for Recreation Center.
    Item B was read by the Clerk.
    Mr. Beck explained the policy requiring one percent for the arts being set aside on projects of this nature.
    Dave Griggs, Chair of the Cultural Affairs Commission, 6420 Highway VV, said this is the City's third such project. Mr. Griggs gave an overview of the progress made to this point. He said that Mr. Courtney had been selected for this project because of his extensive work in the field of public art and his impressive references. In accordance with his contract, Mr. Courtney submitted a conceptual design for the project, which Mr. Griggs displayed to the Council. He explained that it is a large scale piece that will suspend from the ceiling in the lobby area. The Standing Committee on Public Art reviewed the proposal last month and gave unanimous approval, although they asked the artist to address a few concerns. Mr. Courtney was asked to detail how to incorporate a system to lower the work for cleaning and possible future maintenance. He was also asked to change the design of the arms and head of the figure to de-emphasize the affect of diving. In addition, Mr. Courtney was asked to detail his proposed additions of a splash element to the ripple and glass element on the first floor, and provide a finalized materials list with specific mention of maintenance and replacement issues. Those recommendations were forwarded to the Commission last month at which time they were unanimously approved. The artist provided responses to the Standing Committee's stipulations. If the Council approves the design Council, Mr. Griggs reported the artist will continue his work on the concept and they can finalize the details, especially those that relate to the stipulations.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mayor Hindman made the motion that the Council accept the art concept. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

(C) Approval of art concept for Fire Station No 8.
    Item C was read by the Clerk.
    Dave Griggs, 6420 Highway VV, Commission Chair introduced Susan Taylor Glasgow, a local artist. Basically, he said the same process was followed for awarding the grant for this project. He displayed a drawing of her concept design. The proposal calls for integrating different size and textured colored glass blocks into three areas of the building -- the opening above the truck bays facing Nifong, the opening facing Bearfield, and the sign that marks the entrance to the parking lot. Specific details will be sandblasted on both the front and back of the glass and it will incorporate symbols of firefighting such as the Fire Department's logo, ladders, etc. Mr. Griggs indicated swirls of smoke will also be sandblasted into the glass. He noted the proposal will integrate the art into the architectural design so it will not interfere with the importance of the function of the building. Mr. Griggs explained that the Standing Committee had met with Ms. Taylor Glasgow last month and had unanimously approved her concept design and offered no stipulations. This recommendation was forwarded to the Commission where it was also unanimously approved. Public comments were solicited for both projects when the art concepts were displayed in City Hall.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Janku thanked the Committee and Commission for the time they have spent on these two projects.
    Mr. Loveless made the motion that they be directed to proceed. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
 

OLD BUSINESS
B126-01     Authorizing agreement with Missouri Highway & Transportation Commission for construction of
                   pedestrian bridge over I-70 along east side of Providence Road.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the pedestrian bridge to be built on the east side of Providence Road over I-70 would cost an estimated $435,000. Enhancement money will pay up to $348,000 of the total amount. This project will provide a connection to the sidewalk systems both to the north and south of the interstate.
    Mayor Hindman asked if this would be a free-standing bridge, or whether it would be attached to the existing one. Mr. Patterson said there would be a connection but structurally it would be free-standing. Mr. Janku asked about center pillars. Mr. Patterson said he did not think there would be any.
    Mr. Loveless asked about the reference to an air rights agreement. Mr. Patterson replied that the City has to guarantee, by a separate agreement, not to obstruct the passage of vehicles underneath the bridge - to protect the vehicular flow of traffic. He reported this is a standard agreement when putting a bridge over a highway.
    Mr. Hutton asked if the bridge would have fencing around it. Mr. Patterson said it would. Mr. Janku noted that it would be vinyl.
    B126-01 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B127-01     Authorizing agreement with Missouri Highway & Transportation Commission for construction of
                   pedestrian bridge over Business Loop 70 along the east side of Paris Road; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck stated the estimated cost of this project to be $171,000, with 80% of the funding coming from state enhancement money up to $136,778. He spoke of his appreciation to MoDOT for prioritizing these projects in Columbia. Mr. Beck indicated this project would greatly enhance the City's sidewalk program.
    Mr. Hutton asked if the design of the project would be similar to that of the pedestrian bridge over I-70 at Providence Road. Mr. Patterson confirmed that assessment. He noted the public hearing for this project will be held at the next meeting, at which time the plans will be presented. Mr. Patterson indicated that is the reason staff is suggesting the Council hold this agreement until after that public hearing. Mr. Hutton asked if the bridge would be free-standing and, if so, how it would affect the future expansion of the existing bridge over Business Loop 70 if Paris Road were to be widened. Mr. Patterson replied a free-standing bridge would be easier to relocate if Paris Road is ever widened. Presumably, the spans would still work over the same pavement width. However, staff is not anticipating that any expansion will occur in the next few years.
    Ms. Crayton asked if the minority requirements are being followed. Mr. Patterson stated that the City participates in the State Highway DBE Program. He noted that the City is audited and monitored at the completion of each project.
    Mr. Hutton made the motion that B127-01 be tabled to the May 7, 2001, meeting. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
 

B132-01     Amending Chapter 27 of the City Code pertaining to the Railroad Advisory Board.
    The bill was given second reading by the Clerk.
    Mr. Beck reported that this request was initiated by the Railroad Advisory Board. Due to a lack of business from time to time, the Board requests that the number constituting a quorum be lowered from 5 to 4, and that the requirements for monthly meetings be changed to quarterly.
    When discussed previously, Mr. John said the suggestion was that if the Board met quarterly, more members would attend on a regular basis because there would be more business to discuss. He did not think the number constituting a quorum should be reduced. Mr. John did not like the idea of a very few members making decisions.
    Mr. John made the motion to amend B132-01 by deleting the section that would change the quorum from five to four members. The motion was seconded by Mr. Janku.
    There was a discussion at this point about what constitutes a quorum.
    Mr. Malon said the Board's main concern was the monthly meetings because they were not able to get quorums. He said they did not want to go against the ordinance. Mr. Malon pointed out that this is a seven member board overseeing a three person operation. He felt it was difficult to stir up interest when there is not a lot going on. He said whatever the Council does, he was sure would not upset the Board.
    The motion to amend, made by Mr. John, seconded by Mr. Janku, failed by a show of hands.
    B132-01 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B133-01     Amending Chapter 10 of the City Code pertaining to cable television franchises.
    The bill was given second reading by the Clerk.
    Mr. Beck explained this would simply change the number of days from 60 to 120 that the Council would have to approve ownership or assignment of a franchise. He said it would also change the standards to conform with the federal law.
    Mr. Coffman asked if it would be unlawful for the City to apply a standard other than the federal one. He noted that we have had a couple of transfers in a short period of time. Mr. Coffman thought it important to communicate with the new potential owner of a cable franchise the City's priority to obtain a commitment relating to upgrades and customer service. He realized there are a lot of things we cannot do, but he thought City oversight was important. Mr. Coffman asked what would happen if we had a potential transferee with a horrendous customer service record -- he wondered whether the City would have any grounds to reject someone based on a bad record in other jurisdictions. Mr. Boeckmann thought the Council could regulate service requirements by ordinance. He did not think that would have to be negotiated with a cable company. On the other issues, he said we would be hard-pressed to prove it, but if there was a situation where a company had a terrible record, the Council may be able to take that into account because it pertains to the technical ability to run a cable company. Mr. Boeckmann thought the amendment was better than the current language.
    There was a discussion about further amending the ordinance. After much debate, the Council decided to table the bill until the next meeting at which time it would come back with suggested language.
    Ms. Crayton asked who people should contact if they have a complaint about the cable company. Mr. Boeckmann said complaints are handled through the Law Department. Mr. Coffman explained that the Cable Committee has begun to ask both cable companies in town to supply certain information on a quarterly basis, i.e., how quickly phones are answered, the amount of time it takes to respond to service calls, etc. Mr. Boeckmann commented federal regulations require that this information on the cable companies must be kept.
    Mr. Loveless made the motion that B133-01 be tabled to the May 7, 2001, meeting. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
 

B134-01     Annexation of property south and west of Hickam Court, north of Old Plank Road.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this request was made primarily for the purpose of allowing residents to connect to City sewers. His understanding was that the applicants plan to request R-1 permanent zoning.
    B134-01 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B136-01     Granting a variance to subdivision regulations requiring a sidewalk along the south side of I-70 Drive
                   SE; subject to condition.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that approval was recommended by the Planning and Zoning Commission subject to the property owner entering into a development agreement with the City to pay the amount equal to the cost of the construction of the sidewalk. He explained that is one of the City's policy alternatives.
    Mr. Hutton asked if applicants had to do one or the other if a variance is requested; either construct a temporary walkway or put up money. Mr. Patterson said a third alternative is to not request a variance and then by performance contract agree to construct a sidewalk within three years. Mr. Hutton asked if performance contracts are part of the policy resolution. Mr. Patterson replied they are not. He said these contracts are required as part of the platting process in lieu of the variance. If an applicant is asking for a sidewalk variance, the options the Council may consider is to grant the variance, accept an alternative walkway instead of the normal sidewalk, or accept money to pay for the sidewalk and then forever relieve the property owner of that responsibility. Under the last option, the City would construct the sidewalk.
    Mr. Hutton noted at the last meeting, the Council talked about tax billing relating to sidewalks, and a $2,500 payment which would be credited toward any future tax bill. He asked how the tax bill plays into the policy resolution on the variance. Mayor Hindman said it probably does not, in reality. He indicated the discussion Mr. Hutton was referring to involved 763, and it is anticipated that this road will be improved reasonably soon and sidewalks will be required if the development takes place. The costs for such would then be tax billed to adjacent property owners when the work is completed. Mr. Hutton understood the tax billing would not necessarily be for sidewalk improvements, but for the street improvement. Mayor Hindman said it was primarily street, but with a sidewalk included.
    Tom Schneider, an attorney with offices at 11 N. Seventh, spoke on behalf of Roland Properties, LLC, the applicant. He explained there is approximately 330 feet of frontage on I-70 Drive SE where the sidewalk would be required according to the subdivision regulations. He circulated photographs identifying that the topography is at a 45 degree angle at the edge of the pavement. He said a sidewalk could not be reasonably constructed. Additionally, Mr. Schneider reported there is no sidewalk on either side of I-70 Drive for a mile in either direction from Highway 63 to St. Charles Road. Consequently, there would be nothing to connect the sidewalk to. Mr. Schneider noted that the proposed sidewalk would be within the State Highway right of way, and a sidewalk cannot be constructed in this area unless the applicant is given an indemnity agreement. He pointed out that numerous utilities would also have to be relocated. He thought it was doubtful that a sidewalk would ever be built at this location.
    Mr. Schneider said he and his client believed it was inappropriate to exact an in lieu of sidewalk fee when this is not a situation where the sidewalk is being deferred -- it is a practical matter that the sidewalk will never be built. Mr. Schneider thought this process should be brought into compliance with the City's impact fee ordinance whereby unless there is a relationship between the development and the need for off-site improvements, there is no impact fee. He said the impact fee ordinance further states that if the collector or arterial street for which the developer is bring billed is not going to be built within a reasonable time, than the impact fee must be waived. Mr. Schneider commented that would be the correct approach and analysis for the Council to adopt in connection with the in lieu of sidewalk fees. He pointed out that the sidewalk ordinance stipulates the in lieu of sidewalk fee is discretionary. It states the Council may condition certain action upon it. Mr. Schneider said the policy resolution does not mention that the fee is discretionary. He remarked that the Council waived 80% of an in lieu of sidewalk fee at the last meeting. He and his client felt it would be appropriate for the Council to do so in this case as well.
    Mayor Hindman said if the property had been graded differently, a sidewalk could have been put in. Assuming the City was entering into a deal with the State to assume responsibility for the walk, Mr. Schneider said according to Mr. Brush's letter a sidewalk could not be built in this area unless the City entered into an agreement with the State. Mayor Hindman indicated that would have been one approach to try to reach an agreement with the State. He said the long-term goal is to construct sidewalks if possible.
    Mr. Janku noted that the photographs supplied by Mr. Schneider show residential development on the road. He commented that people will walk in this area and pedestrians should be protected from traffic.
    Mr. John pointed out that this is an unimproved road with no place to put a sidewalk. He agreed there is a policy in place that allows for building curbed and guttered roads when the City is to the point of doing such. He remarked a project can be constructed with the property owner being billed for the sidewalk at that time. Mr. John believed the policy, which he said had been cobbled together, existed because of the fact that the City is behind in curbing and guttering streets. He said that was fine, but the method in which it is being done it appears to be an impact or off-site improvement fee which does not necessarily accrue benefit to a particular piece of property. In this case, Mr. John speculated whether a sidewalk will ever be built.
    B136-01 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, COFFMAN, HINDMAN, CRAYTON. VOTING NO: JOHN. Bill declared enacted, reading as follows:
 

B137-01     Confirming contract with Aplex, Inc. for construction of Bear Creek Recreation Trail, Phase IV.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this is the last section in the City's overall plan to extend a trail from Oakland Park westward to Cosmo Park. Seven bids were received with the lowest being $459,146.50 from Aplex, Inc. A major portion of funding for the project will come from enhancement money.
    Mr. John asked about the percentage of enhancement funds. Mr. Dudark replied that it is usually 80/20, but he was not sure in this particular case.
    B137-01 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B138-01     Appropriating funds received from the Thompson family for a pitching machine for Parks &
                   Recreation Department.
    The bill was given second reading by the Clerk.
    Mr. Hood explained that the Parks and Recreation Department had received a donation from the Thompson family in memory of their son and grandson who were killed in an automobile accident in the Columbia area a few months ago. Both were very active in the Youth Sports Programs. He stated the Thompson family made a $2,000 donation and asked that it be used to purchase a pitching machine for the Diamond Council Youth Baseball Program. Mr. Hood indicated some memorial trees will also be planted in the ballfield area in honor of Robert and his son, Ryan. On behalf of the department, Mr. Hood expressed condolences to the family and appreciation for their generous donation.
    Mayor Hindman expressed the same feelings on behalf of the Council.
    B138-01 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B139-01     Amending Ordinance No. 013351 in connection with certain outstanding bonds of the City and
                  prescribing related matters.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that in 1992, the City participated in the State Revolving Loan Fund to finance capital improvements in the sanitary sewer utility. Notice has been received from the state about a refunding opportunity which would provide a savings of $42,000.
    B139-01 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON. 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.

B121-01     Approving Change Order No. 1 and engineer's final report: Columbia Regional Airport
                   Accommodation for Ozark Airlines.
B122-01     Approving Change Order No. 1 and engineer's final report: Bear Creek Outfall Sewer.
B128-01     Authorizing an agreement with Central Electric Cooperative.
B129-01     Authorizing differential costs; approving engineer's report: Garden City, Plat 8.
B130-01     Accepting deed of dedication: authorizing differential costs; approving engineer's report: Garden
                   City, Plat 9.
B131-01     Accepting easements for utility purposes.
B135-01     Approving a replat: Woodrail Plat 6-Lot 17A.
R74-01       Setting a public hearing: drainage improvements to Bicknell Street-Walnut Street area.
R75-01       Setting a public hearing: annexation of land on east side of Bearfield Road, south of Nifong Boulevard.
R76-01       Setting a public hearing: sanitary sewer utility rate increases.
R77-01       Setting a public hearing: improvements to Sixth Street from Wilkes Boulevard to Hickman Avenue.
R79-01       Authorizing assignment of restaurant lease at Columbia Regional Airport.
R80-01       Authorizing interconnection agreement with the City of Fulton.
R81-01       Authorizing agreement with FAA for reimbursement of costs to relocate equipment at Columbia
                   Regional Airport.
R82-01       Authorizing amendment to agreement with Buck Consultants for pharmacy benefit management
                   services.
R83-01       Authorizing agreements with Mid-Missouri Coalition on Adolescent Concerns, Inc. and Advent
                   Enterprises, Inc.

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

NEW BUSINESS
R84-01     Authorizing agreement with Comprehensive Human Services, Inc. and Boys' and Girls' Town of
                 Missouri.
    The resolution was read by the Clerk.
    Mr. Dudark explained that Comprehensive Human Services received a CDBG loan in 1996 for $53,743. The loan was a non-amortized loan, which means they do not have to pay it back. However, there is a requirement that they continue to operate the program in the properties for which they received the money. Mr. Dudark noted that a deed of trust secures the loan. He explained Comprehensive Human Services is in the process of merging their youth residential treatment program with Boys' and Girls' Town of Missouri. They are requesting that this deed of trust be transferred to the Boys' and Girls' Town. He said that agency has agreed to accept the CDBG responsibilities and perform under the existing program. Adoption of the resolution will provide an amendment to the agreement.
    The vote on R84-01 was recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R85-01     Authorizing agreements with Missouri Department of Social Services, Comprehensive Human Services
                 and Welcome Home, Inc.
    The resolution was read by the Clerk.
    Mr. Beck said this would extend the period of time the agencies have to complete the program.
    Mr. Janku noted that the Welcome Home amount is substantial. He said there are three or four groups that have been basically allocated a certain amount of funding almost automatically.
    Mr. Steinhaus reported the City applied for approximately $75,000 in funding, and then the Community Services Advisory Commission reviewed the proposals from the agencies and decided how best to allocate that pool of funds amongst the three agencies. He said Welcome Home does have a sizable balance. He explained that they have had some staff turnover over the past year, and they also have a new executive director who has been on staff just a little over a month. Mr. Steinhaus said he informed this individual that he has to get the proper documentation submitted and spend down the funds. He felt they could do that in a timely manner; however, the director from Welcome Home had spent the last month working on the social service proposal to the Commission which was due at the end of March.
    Mr. John expressed concern about an agency being told to "spend down funds quickly". Mr. Steinhaus clarified that Welcome Home has spent the money, they just need to submit the receipts for reimbursement.
    Ms. Crayton asked if these programs help the homeless youth. Mr. Steinhaus explained that these are the qualified agencies in town designated as emergency shelters. He reported they cannot help any youth under the age of 17.
    The vote on R85-01 was recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R86-01     Authorizing agreement with Burns & McDonnell for vertical expansion permit modification for the
                 landfill.
    The resolution was read by the Clerk.
    Mr. Patterson reminded Council that they recently bid the construction of Cell #3 at the landfill, and all the bids came in much greater than what had been estimated by the engineer. It was believed that the vertical fill option, which would require permit modification, would allow staff more time to re-examine the project and specifications. Mr. Patterson indicated that staff met with the Department of Natural Resources and they are confident the City will be able to obtain the permit modification and gain another year operating out of the existing site before Cell #3 has to be built. The proposal is to amend the existing contract with Burns & McDonnell to allow them to do the permit for the vertical fill without increasing the cost of the current contract. He said the amendment would simply change the scope of services. The cost of the vertical fill portion of it will be about $39,000. Mr. Patterson reported this will reduce some of the other work they were anticipating doing as part of the construction.
    The vote on R86-01 was recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON. 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:

B140-01     Calling for bids: traffic signal modifications at Route 763 and Smiley Lane intersection.
B141-01     Calling for bids: Sanitary Sewer District 152.
B142-01     Calling for bids: Sanitary Sewer District 155.
B143-01     Authorizing acquisition of land for construction of Spruce Drive.
B144-01     Accepting easement for utility purposes.
B145-01     Vacating a sewer easement on the proposed BMG Development Subdivision on northeast corner of
                   Curtis Avenue and Kentucky Boulevard.
B146-01     Granting a variance to subdivision regulations re: sidewalks, Country Farms Subdivision, Plat 2.
B147-01     Approving final plat of Hathman Subdivision Plat 2, located north of Business Loop 70, near
                   intersection of Old 63.
B148-01     Approving final plat of BMG Development Subdivision; accepting performance contract.
B149-01     Approving final plat of Salvation Army Subdivision; accepting performance contract.
B150-01     Authorizing agreement with Chiodini Associates for professional services.
B151-01     Authorizing interconnection agreement with Boone County Regional Sewer District for service to
                   Leisure Hills Subdivision; appropriating funds.
B152-01     Amending Chapters 13 and 22 of the City Code to increase charges for sewage service.
B153-01     Amending Chapter 18 of the City Code relating to pensions for firefighters.
B154-01     Amending FY 2001 Budget for cost of Special Election; transferring funds.
 

REPORTS AND PETITIONS
(A)     HUD "Police Officer and Teacher Next Door" Program.
    Chief Boehm reported that he and Mr. Dudark had retrieved some information per Mr. John's request involving this program. He explained that it is a program offered by HUD designed to encourage police officers and teachers to purchase houses in "economically distressed" neighborhoods by offering homes at a significant reduction. It was found that St. Louis is the only community in Missouri that has designated revitalization areas. Chief Boehm also indicated the only properties that are eligible for the program are the ones that HUD has foreclosed on. He said there is only one such property in Columbia at this time. Chief Boehm believed the program has potential, but it was not doable for the City at this time.
    Mr. John thanked the staff for looking into the matter and thought it was unfortunate that the City cannot take advantage of the HUD funds. He would like to address the issue again during budget work sessions. His proposal was that after five years of service, the City might issue employees a five-year, $5,000 forgivable loan if a home is bought in the targeted neighborhoods and are owner-occupied. Mr. John said that $1,000 a year would be the equivalent to a 50 cent an hour benefit. He asked that his proposal be reviewed and brought back at budget time.
 

(B)     Golden Knight's Parachute Team.
    Mr. Beck explained that the Team plans to parachute onto Broadway, between Fourth and Tenth Street. The jump would take place at 9:55 a.m. on Monday, May 28th in conjunction with the Memorial Day parade. In addition to Council approval, he said the group will also need to obtain FAA approval and will need to provide the City with proof of adequate insurance coverage.
    Mr. Hutton made the motion that the request be approved as written. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

(C)     Recommendation from the Human Rights Commission to Prohibit Discrimination Based on "Gender
          Identity".
    Mayor Hindman thought staff should review the proposal and report back to the Council with a draft ordinance.
    Mr. Janku asked whether the Commission held a public hearing on the issue. Mr. Steinhaus responded the Commission did not have a formal public hearing on it, but they took public comment at the end of every meeting. He noted they have been working on the issue since October. Mr. Steinhaus indicated the Commission had been given the direction to present the proposal to the Council before proceeding any further.
    Mayor Hindman made the motion to request a draft ordinance and a report. The motion was seconded by Mr. Coffman.
    Mr. Hutton suggested the Commission look into whether or not there are any other unprotected classes that should also be considered. The Council concurred that the report should include information regarding any other unprotected class.
    The motion made by Mayor Hindman, seconded by Mr. Coffman, was approved unanimously by voice vote.
 

(D)     Regulating Drink Specials.
    Mr. Beck noted that a letter had been received this afternoon from the Missouri Restaurant Association. The Council had been supplied with copies of such.
    Mr. Janku asked if there had been any information received about actual events and any documentation of proof. Mr. Steinhaus said if Mr. Janku was asking whether there is evidence that bottomless cups, penny pitchers and quarter draw specials exist in town, the answer is "yes". He said that State law does not allow bars and restaurants to advertise these promotions, but it is a well-known fact that it does occur.
    Mr. John spoke about the intended benefit of the ordinance; however, it would not stop an organization or group from having a party where binge drinking could still occur. He was not sure the City could legislate out a behavior by a physical restraint. Mr. John observed there are many issues from a business and legal standpoint in trying to regulate a pricing structure. He reminded the Council that prohibition did not work. Mr. John believed if such an ordinance is enacted, it would just move the problem somewhere else.
    Mayor Hindman thought perhaps some other commissions should look at the issue as well, like the Board of Health. As it stands, the Council is being supplied with only one point of view.
    Mr. Loveless asked how far the City should go to abrogate an individual from personal responsibility.
    Mayor Hindman said he was not enthusiastic about an ordinance, but perhaps the Council should be given more evidence. Mr. John agreed and said this was something that is targeted toward a real problem. He commented it would be a hard sell for him, but he was willing to keep an open-mind about the issue.
    Ms. Crayton asked if the ordinance would regulate liquor stores. She said the parties would not stop even if drink prices are regulated.
    Mayor Hindman asked if this proposal was a unanimous decision of the Substance Abuse Commission. Mr. Steinhaus said it was not -- five members had been present out of ten; three voted in favor of the issue, one abstained and one voted against it.
    Mr. Janku motioned that the Council accept the report. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
 

(E)     Request by Columbia Fire Department to Pursue Grant.
    Chief Markgraf explained that Congress appropriated $100 million in the current fiscal year to support the fire service in a variety of ways. The funding specifically targets 57% of the fire departments across the country in need of equipment. He added that the remaining 43% would go toward assisting departments in implementing new or specifically oriented type projects. In regard to Columbia's grant request, Chief Markgraf explained that his staff applied for $35,000 worth of funds in order to purchase equipment for both placid and rapid water rescues as well as ice rescue operations. The equipment to be purchased would be personal flotation devices, a Zodiac inflatable boat with a trailer and motor, and thermal protective suits. Chief Markgraf indicated this would be an additional dimension of service the City can provide to the citizens of Columbia.
    Mr. Loveless asked about the request for an inflatable boat. Chief Markgraf responded that the boat proposed for purchase was selected because of its weight, the size of the motor, and the conditions for which it will be used. He reported the boat should be as light as possible when being utilized in a placid water situation. During a rapid water situation, the boat could still be used because of its hard bottom. Mr. Loveless asked where staff anticipates using the craft. Chief Markgraf replied it could be used in any of the several water areas in the City of Columbia in a placid water situation, and in rapid water it could be used in flooding situations. Mr. Loveless commented that he supports the Fire Department applying for these kinds of grants, but he had his doubts about the utility of a Zodiac craft in Columbia.
    After considerable discussion, Mr. Loveless made the motion that staff be directed to proceed with the grant application. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
 

BOARDS AND COMMISSIONS
    Upon receiving the majority of the Council the following individuals were appointed to the following Board and Commission:

AIRPORT ADVISORY BOARD
Shanker, Richard A., 602 S. William, Ward 6 - term to expire 5/16/05
Taylor, Robert W., 2508 Cimarron, Ward 5 - term to expire 5/16/05

BICYCLE/PEDESTRIAN COMMISSION
Gartner, Carrie, 601 Fifth St., #4, Ward 1 - term to expire 7/31/02
 

COMMENTS OF COUNCIL, STAFF, AND PUBLIC
    Mr. Coffman noted resident's significant concern in regard to speeding on Audubon. He spoke about a petition requesting that the City to look into traffic control, whether it be traffic signs or speed bumps.
    Mr. Coffman made the motion that staff be directed to look into the speeding situation on Audubon between Stadium and Shepard Boulevard and report back with their findings, including costs for traffic calming devices. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    Mr. Coffman reported that the Shepard Boulevard Neighborhood Association asked that the City continue to look into pedestrian friendly improvements at the intersection of Old 63 and Broadway. He transferred a letter to Mr. Patterson describing their concerns.
    Ms. Crayton commented that she has been seeing a lot of houses in her Ward with the windows broken out and doors open. She said this continues to be a dangerous situation and asked the staff to look into it. She thought that the doors and windows, at the very least, should be secured. Ms. Crayton indicated that she had given staff a list identifying the problem properties this evening.
    Mr. Janku thought City ordinances should be amended to reduce the amount of time the City has to wait before abatement can occur. He said it is a matter of public safety and something needs to be done about it.
    Mr. Janku pointed out that the City recently hired someone for the Neighborhood Response Team. He would like to see what the plans are now that the employee is on board. He wanted to know what areas would be targeted and other things like that. Mr. Janku noted another issue that came up during budget discussions last year relating to the enforcement aspect. He commented the Council was told that additional money needs to be budgeted for that purpose. Mr. Janku remarked he knew other communities use CDBG funds for such purposes.
    Regarding enforcement, Ms. Crayton said some elderly people are receiving letters relating to ordinance violations which they find intimidating. She suggested that the City be more sensitive about what is sent to these individuals.
    Mr. Janku stated that he had been contacted by residents in the Haden Park neighborhood about flooding in certain homes. He said residents are interested in what the City can do to address this situation.
    Mayor Hindman spoke about the Clean-Up Columbia event that is scheduled for this coming weekend. He said it is a significant volunteer effort and very important to Columbia. He thought it would be a good opportunity to give questionnaires to the volunteers. Mayor Hindman commented these individuals could report on the kind of litter they are seeing, what annoys them the most, and where they are finding it. Mr. John suggested that the questionnaires be handed out to the volunteers at the wrap-up event. The Council agreed this was a good idea. Mayor Hindman indicated that he would talk to Ms. Nutter about it.
    Norbert Schueman, 205 E. El Cortez, spoke to the report on regulating drink specials. He understood the Council's reluctance to regulate pricing, but on the other hand, he believed that a level establishing some reasonable amount would make sense. He said those businesses charging a quarter a drink are obviously taking advantage of students who do not possess much self-control. Mr. Schueman suggested that the issue be revisited and the public be given an opportunity for input.
    Beth Hussey, Rocheport, did not believe it within the purview of the Council or any government to modify or regulate the behavior of an individual that is not illegal. Ms. Hussey thought such an ordinance would be inappropriate because it would amount to restraint of trade and a form of negative price fixing. Ms. Hussey suggested that the Council should not get involved in the issue.
    Mayor Hindman announced that the Council would be continuing the pre-Council work session following the meeting in the 4th floor conference room.
    The meeting adjourned at 10:10 p.m.

                                                                                            Respectfully submitted,

                                                                                            Penny St. Romaine
                                                                                            City Clerk