DECEMBER 3, 2001

    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, December 3, 2001, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, and HUTTON were present. The City Manager, City Counselor, City Clerk and various Department Heads were also present.

    The minutes of the regular meeting of November 19, 2001, were approved unanimously by voice vote on a motion made by Mr. Janku and a second by Mr. Hutton.

    Mayor Hindman pointed out that Item G would be added under Reports and Petitions.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Loveless and a second by Mr. Janku.

    Mayor Hindman welcomed Boy Scout Troop 707 who were in attendance because they were working to obtain their communications merit badge.

(A)     D. C. Griffin - Compliance with City Ordinances.
    D.C. Griffin, Tupelo Court, passed out photos of unkempt properties on Larch Court, Lakeview Avenue, and Fir Place. He explained the properties are overseen by a management company not licensed to operate in the City of Columbia. Mr. Griffin contacted the City and he said staff had been very cooperative, but there was only so much that could be done because of inadequate ordinances and the enormous amount of time people are given to remedy such situations.
    Mr. Patterson explained that several concerns addressed by Mr. Griffin are being prosecuted presently. He had no answer as to why businesses are allowed to operate without proper licensing. Mr. Patterson indicated his department is involved in the rental housing portion of it - minimum property standards. He would report back on the items his staff is involved with.
    Mr. Beck commented that he had received several e-mails regarding this situation. He said quite a bit of work has been done in the area and there was mention made about organizing a neighborhood clean-up day in the area.

(B)     Urban Wussler - Deposit Law.
    Mr. Wussler, Bluff Boulevard, explained that per the City Charter, 1,195 qualified signatures are necessary in order to place the beverage container deposit ordinance on the April ballot for repeal. He handed the Clerk petitions containing approximately 1,600 signatures in support of a complete repeal of the ordinance.

B383-01     Amending Chapter 25 of the Subdivision Regulations regarding sidewalk construction.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the Council discussed this issue at a work session and reviewed options regarding payment in lieu of building sidewalks. He noted that Mr. Boeckmann prepared an amendment to the ordinance to assure that money deposited for sidewalk purposes would be beneficial to the lot for which the money was deposited. Mr. Beck pointed out it would not affect the power of future Councils to tax bill sidewalks on these properties.
    Mayor Hindman opened the public hearing.
    Jessica Robinson spoke on behalf of the Columbia Board of Realtors and indicated they are appreciative of this amendment. In regards to a property where the owner did not have to pay or had an alternate sidewalk plan, Ms. Robinson stated the Board believes there needs to be a way to identify the property as one that may be assessed for sidewalks in the future. She noted if this was done, future property owners would know about the possible assessment.
    Mr. John said the few properties in which the Council has approved alternative sidewalks would not be eligible for tax billing. Everything else, if it does not have a sidewalk, could be built and tax billed. Mr. Janku asked about people already having made payments. Mr. Hutton noted at the Planning and Zoning level, the Commission thought about requiring this information on the plat. He wondered if that would require doing another plat in order to make sure the payment was on it. Mr. John said oftentimes notes are added to plats before final signatures are obtained. He did not think it was something that needed to be added to the ordinance.
    Mayor Hindman closed the public hearing.
    B383-01 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B386-01     Authorizing renovation of the Parks Management Center's meeting/training area and expansion of
                   wood shop.
    The bill was given second reading by the Clerk.
    Mr. Beck explained the estimated cost of the project to be $10,000, which was included in the 2002 budget. The work will be done by force account labor.
    Mr. Hood displayed a floor plan on the overhead. The room was previously used as a meeting/training room and converted to office space last spring when two employees were added with the passage of the parks sales tax. Mr. Hood said a temporary meeting/training room was established out of an area that had been a storage/work room, and staff is now asking for approval to proceed with permanent improvements to that room.
    Mayor pro-tem Crayton opened the public hearing.
    There being no comments, Mayor pro-tem Crayton closed the public hearing.
    B386-01 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

(A)     Granting a renewal of franchise of Charter Communications, Inc. to operate a cable television system in
          the City.
    Item A was read by the Clerk.
    Mr. Beck explained that this hearing would allow public input on cable related needs and past performance of this company.
    Mayor pro-tem Crayton opened the public hearing.
    Tim Spence, spoke as a representative of the Columbia Media Resource Alliance (CAMERA), a media literacy and education organization in Columbia. He explained one of their goals of obtaining access to air time for publicly produced programming via one of the cable company's local access channels. He noted that citizens do not currently have the ability to air locally produced programming. Mr. Spence pointed out that many cities around the country not only provide access to air time, but also provide production training and access to equipment. He stated local access would be a superb way for underserved communities to share what is going on in their neighborhoods and to build bridges. He said Columbia's collegiate community would also be encouraged to participate.
    Mr. Spence indicated the group is requesting some air time on one of the already existing local access channels. He reported CAMERA is already organizing production workshops and has aligned with community organizations such as the Fun City Youth Academy and the Worley Street project. He noted they would be willing to continue assisting organizations with television production training and actual programming. The group also envisions establishing internships between students and community organizations wherein students could earn credit for assisting with production. When negotiating the new cable agreement, Mr. Spence was hopeful this request would be taken into consideration.
    Mr. Coffman asked if the group had spoken with Charter or Media Com about this potential. Mr. Spence said they thought it was something the City could put on the table at negotiations. Mr. Coffman asked if they had names of other cities in Missouri that have done this.
    Ken Leon, the Worley Street project, presented a letter from Art Gehrhardt, Chief Operator of Jefferson City TV, stating how the public program has worked there and what successes they have experienced.
    Dee Campbell-Carter, Executive Director of Fun City Youth Academy, said they welcome the opportunity to work with this group. She commented that public programming will facilitate the education of children by teaching them how to produce and make their own animated films to be shown on the local access channel.
    Mr. Coffman asked the group to forward any information they have to city staff.
    Mayor Hindman closed the public hearing.
    Mr. Boeckmann noted the suggestion to send the issue back to the Cable Committee to determine whether or not any changes to the current franchise agreement need to be made.
    Mr. Coffman asked whether comments in regards to the franchise agreement could still be sent to the City. Mr. Boeckmann said comments could be sent to the Law Department.
    Mr. Hutton made the motion to refer this issue to the Cable Committee. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.

(B)     Grindstone Creek Outfall Sewer Extension Project.
    Mr. Patterson noted that this public hearing is actually a revision to a previous hearing in regards to the Upper Grindstone Creek Sewer project. The initial project involved the construction of a gravity sewer line from Route WW to the area near the Lake of the Woods exit on I-70. At that time, Mr. Patterson noted there were potential opportunities for extending a gravity sewer line from the existing line on the west side of Highway 63 because of the possible opportunities to connect with the Boone County Sewer District and the El Chaparral Treatment Facility. He said those opportunities have materialized to the point that staff recommends the project be revised to be defined as a gravity sewer line for the entire length of the project from its existing point of termination to a point approximately 800 feet north of the project previously defined by Lake of the Woods. The previous cost estimate was about $2.6 million and the current is $3,470,000.
    Mr. Patterson reported the project includes the construction of approximately 20,000 linear feet of gravity sanitary sewer pipe, most of which is 30 or 36-inches in diameter. He stated Allstate Consultants are currently designing the project with the cost being shared by the City and the property developer at the upper end of the project in accordance with agreements previously approved by the Council. Mr. Patterson pointed out that there have been discussions about the potential of this line being used for future trail purposes. As part of the project, he said staff will request voluntary dedication of trail easements. It is anticipated that construction could begin late in 2002. Funding will come from revenue bonds approved by voters in 1997 and State Revolving Loan funds in order to obtain lower interest rates and find economic savings.
    Mr. John asked if this project could be coordinated with the rebuilding of the Grindstone Bridge being done by MoDOT. Mr. Patterson said that has been the goal - to have the area disturbed at one time only.
    Mayor Hindman opened the public hearing.
    Terry Skinner, 3716 Lansing, spoke on behalf of the PedNet Coalition, in support of the development of a trail along the sewer easement line. He said they are also supportive of going beyond this to develop a policy of encouraging trail development in association with sewer, street and neighborhood development.
    Although the City will be seeking trail easements, Mayor Hindman noted there are no provisions for paying for trail easements. He stated the City is hopeful there will be neighbors who will see the benefits of a trail at this location.
    Abe Hiam, 615 Morningside, was concerned that the City would pay a large portion of the project cost as a subsidy to new developers in this area.
    Mr. Loveless understood Mr. Patterson to say the project would be funded partially by revenue bonds, which meant that those who use the sewer will be paying it off (the users will pay for it although the City fronts the money). Mr. Patterson noted that a fee is also assessed to anyone who requests connection to the line.
    Bill Tillotson, 720 S. Rustic Road, explained that he owns property along the Creek and he is very excited that this project is underway. As a resident of the area for 15 years, he has seen the nearby creek polluted with sewage from properties with inadequate sewage systems.
    Mr. Loveless asked Mr. Tillotson if he understood that he would be granting an easement for the line. Mr. Tillotson said it appeared that the line would cross his property. Mr. Loveless asked if he would be interested in granting a trail easement to allow for development along the same easement. Mr. Tillotson replied he would. As a whole, he said most of his neighbors are pretty excited about the project.
    Mayor Hindman closed the public hearing.
    Mr. Loveless made the motion that the staff be directed to proceed. The motion was seconded by Mr. John and approved unanimously by voice vote.

B351-01     Establishing Sanitary Sewer District No. 144 along Mexico Gravel Road, adjacent to the intersection
                   of Mexico Gravel Road and State Route PP.
    The bill was read by the Clerk.
    Mr. Patterson identified the district on the overhead to include parcels 4606A, 4606B, 4610A and 4610B. He said staff found that parcel 4606C should have been in the district, but due to the fact that 4606A is a separate parcel, they are able to eliminate it from the district. That had been part of the request of the person that previously appeared before the Council. Mr. Patterson reiterated the proposal now calls for modifying the district to eliminate parcel 4606A and add 4606C. With these changes, the district has been increased slightly which will provide for more initial tax bill revenues. Mr. Patterson pointed out that should parcel 4606A ever require a sewer, it will be the responsibility of the property owner to extend a sewer line to the lot. He noted the current proposal will not change the description of the project or the actual design and cost of it.
    Steve Henderson, stated he is the owner of the property south of Mexico Gravel Road. He explained that he is experiencing difficulty in selling this parcel because of the easements running through the property and the probability of the tax bill for the sewer line project. Mr. Henderson noted that there already is a sewer line on the lot and he did not want to be included in the district. His preference was to not have an easement running through his property.
    Norman Lenhardt, 1118 St. Christopher, spoke in sympathy of the previous speaker. He thought if there is a sewer line on the property, Mr. Henderson should not have to pay to have a line extended through his property.
    Mr. Patterson explained that staff research showed some properties had residential structures on them. His understanding was one of the homes has a private line across property without an easement. Mr. Patterson indicated this project will provide access to a public sewer line which does not exist at this time.
    Mayor Hindman asked which property has the private sewer. Mr. Patterson responded it was the southernmost tract (4606C). He pointed out that the issue of whether or not a tax bill is assessed would be considered by the Council after the line is constructed. He said at that time a determination would have to be made as to whether this parcel benefitted by the construction. Mr. Patterson remarked that if someone buys the property and develops it after the sewer line is put in, the new owner would have the right to connect to it without ever having paid their share of the sewer system. He commented that although it is Mr. Henderson's intent to sell off his entire property, it still consists of seven different parcels that can be sold independently without a platting process or an assurance the City would have a public sewer easement or public access to a sewer easement through it.
    Mayor Hindman asked if residents requested this sewer district. Mr. Patterson responded that people living upstream have been before the Council stating their desire to have public sewer brought to their properties so they could get off of failing on-site systems. Mayor Hindman asked if those were the people north of Mexico Gravel Road. Mr. Patterson said that was correct.
    Mr. John was inclined to move ahead with the project with the understanding that at the time of determining benefits and authorizing tax bills, the Council would need to have a complete understanding of ownership and the location of public sewer lines as they exist currently. Mayor Hindman agreed.
    Mr. Hutton agreed, but he understood that would not help Mr. Henderson in regards to knowing whether or not he is going to be tax billed $7,700 which would affect the sale price of the property. He said as Mr. Henderson has access to a sewer line now, the only reason his property is being included in the district is for the easement to reach the main. If his property already is connected to the sewer main, Mr. Hutton believed it would be very hard to show a benefit.
    Mr. Beck thought one of the primary questions is who should pay for sewer access on these large lots -- the City or the general public. He noted that with the $5,000 cap on tax assessments, this particular project will cost the public quite a bit. In addition, he was doubtful that this property has paid into any public collection system.
    Mayor Hindman made the motion that B351-01 be amended per the amendment sheet (amending legal description). The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    B351-01, as amended , was read with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B382-01     Voluntary annexation of property located on the north side of State Route K, east of Old Village Road.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this 33 acre tract is located in south central Columbia and currently has a single family dwelling unit on it. Informally, the applicants have requested A-1 and R-1 zoning.
    B382-01 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B385-01     Accepting a Trim II Grant from the Missouri Department of Conservation for removal of hazardous
                   trees at the MKT Trail, Oakland Park and Twin Lakes Recreation Area; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Hood explained that this grant would assist the staff in focusing on tree stand improvement efforts throughout the park system.
    Norman Lenhardt, 1118 St. Christopher, was supportive of accepting the grant and said the City needs to be watchful for trees that have been damaged by storms.
    B385-01 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B387-01     Real estate agreement with Jeffrey E. Smith to purchase property for a railroad terminal.
    The bill was given second reading by the Clerk.
    Mr. Malon explained the property is located between North Brown Station Road and Route B, near the ETI Pipe Plant. Staff proposes City acquisition of the property and then seek proposals for a private company to erect a building for the purposes of operating a rail terminal warehouse where commodities could be unloaded and held in storage. He has also heard comments that there might be an interest in a private company installing a bonded warehouse at this location. Mr. Malon indicated the terminal would eliminate some of the fees the City has been paying for car hire on the railroad and allow for timely unloading. Furthermore, it should generate additional traffic and as a result, revenue for the railroad.
    Mr. Janku asked if this would impact the storage of cars along Route B or in the area south of the Business Loop. Mr. Malon responded that rail cars would no longer be stored by the cement plant on Route B, just north of I-70. He noted the cars are currently being unloaded at this location and that facility will be removed as a result of this project. Mr. Janku believed at some point the Council is going to have to address the storage problem of cars in terms of the aesthetic impact on neighborhoods. Mr. Malon explained the terminal would allow for commodities to be unloaded in a timely manner. The empty cars would be gone within a day or so.
    Mr. Hutton asked if 15 acres is a minimum or maximum size for this type of operation. Mr. Malon replied it is thought to be the perfect size after consultation with several companies about warehouses of this sort. Initially the facility would hold about four cars, but it is hoped that at some point it could be expanded if business were to pick up. Mr. Malon further explained that the facility needs to be large enough to accommodate a fork lift to load and unload containers onto semi trucks. Mr. Hutton thought there appeared to be a road between the railroad tracks and the property. Mr. Malon said the track would cross Brown Station Road. He reported the tracks are currently on the east side of Brown Station Road, and the track would come across Brown Station north of Peabody Road so that all of the traffic in and out of the landfill would not go over the grade crossing. He said it would just be a track going in. Mr. Malon indicated they looked at the Ewing tract, but the problem with this property is that the elevation changes on the east side of the track north of Peabody Road. He said it would take a lot of fill to be able to use it. Mr. Hutton noted that the funding for this project would come out of a retained earnings account. He asked to whom the account belongs. Mr. Malon explained that it is a Water and Light retained earnings account. Mr. Hutton questioned whether a Phase I environmental study would be performed. Mr. Malon replied the study is currently underway and will be done by the closing date.
    Mayor Hindman assumed the design would be done in such a way that the possibility of a trail along the property could be taken into consideration. Mr. Malon responded affirmatively.
    B387-01 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. 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.

B378-01     Accepting a deed of dedication; approving engineer's final report; authorizing payment of differential
                   costs for water main serving Spring Creek, Plat 2.
B379-01     Appropriating funds for the construction of a material recovery facility at Columbia's landfill;
                   authorizing construction of the facility.
B380-01     Authorizing agreements with the Missouri Highways and Transportation Commission in connection
                   with the Paris Road pedestrian bridge over Business Loop 70.
B381-01     Authorizing right of use permit with the Curators of the University of Missouri to construct and
                   maintain underground utilities in portions of Fifth Street and Sixth Street rights-of-way.
B384-01     Authorizing a grant agreement with Central Electric Power Cooperative for tree planting at
                   Cosmo-Bethel Park Tennis Complex; appropriating funds.
R253-01     Setting a public hearing: improvements to Smithton Neighborhood Park.
R254-01     Setting a public hearing: voluntary annexation of property located on the north side of St. Charles
                   Road, approximately 300 feet west of the intersection of St. Charles Road and Upland Creek Road.
R255-01     Setting a public hearing: construction of water main serving Vanderveen Crossing, Plat 4.
R256-01     Setting a public hearing: establishing criteria for approving Transportation Development District
R257-01     Authorizing an agreement with the Missouri Department of Health to assess the availability of
                   employee health and wellness activities in Boone County.
R258-01     Authorizing Amendment No. 1 to the agreement with the Missouri Department of Health for the
                   WIC Program.
R259-01     Authorizing Amendment No. 2 to the agreement with the Missouri Department of Health for the
                   WIC Program.
R260-01     Authorizing an agreement with PedNet Coalition for a pedestrian safety campaign.
R261-01     Authorizing an agreement with Southwest Power Pool, Inc. for loss compensation service.

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

R262-01     Authorizing an agreement with the Salt Lake Organizing Committee for the Olympic Winter Games
                   of 2002 for torch services.
    The resolution was read by the Clerk.
    Mr. Beck explained that the torch would be carried through Columbia in January.
    Ms. Steiner noted that she was very pleased Columbia was chosen as one of the cities for the 2002 Olympic Torch Relay. She invited the community to a celebration to be held at the Hearnes Center on January 9th beginning at 10:00 a.m. Ms. Steiner noted that once the relay route is announced, there will also be an opportunity for people to cheer the torch runners.
    The vote on R262-01 was recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

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

PR263-01   Establishing criteria for approving Transportation Development District projects.
B388-01     Calling for bids for improvements to Smithton Neighborhood Park.
B389-01     Approving the replat of Lot 194 Broadway Farms, Plat 13.
B390-01     Authorizing construction of water main serving Vanderveen Crossing, Plat 4; authorizing payment of
                   differential costs.
B391-01     Accepting easements for utility purposes.
B392-01     Authorizing acquisition of land necessary for of construction of water mains along Scott Boulevard,
                   south from Vawter School Road to Thornbrook Subdivision.
B393-01     Approving Change Order No. 1; approving engineer's final report for the Mill Creek/Rockbridge
                   Subdivision Drainage Project.

(A)     FY02 CIP Percent for Arts Projects.
    Mr. Beck explained that this report relates to what projects will be considered for the One Percent for the Arts program this budget year. The four projects being proposed include the health facility, Stephens Lake Park, downtown city office expansion, and the Wabash Station renovation work.
    Mayor Hindman understood there were some legal problems in regards to funding. Mr. Beck explained that combining special funds like the Water and Light fund and the Solid Waste fund with general fund projects was the problem. Mr. John asked if all general fund projects could be combined. Mr. Beck assumed that could occur.
    Mr. Hutton noted that four projects are being recommended, but the next report proposes modification to the policy that would limit projects to no more than three in any one year.
    Mr. Janku said the water reservoir on Bethel is a major facility in a very public and prominent location. Even though it had been landscaped when it was originally built, he thought it would be appropriate to incorporate more art with the expansion. Mr. Hutton pointed out that it already has art built into it. Mr. Janku thought it should be on the list. Ms. Hunter explained the water reservoir was discussed by the committee and the group concluded that because this is a fairly remote location, in addition to security issues related to the September 11th event, the reservoir should not be included as a percent for the art project.
    Mayor Hindman asked about the recommendation regarding three projects per year. Ms. Hunter explained that the art projects tend to take two to three years to complete. She noted that her staff is limited and it would be possible to have six or eight projects in progress at the same time. Ms. Hunter indicated the committee was concerned that because her department is involved with a number of other programs, these could suffer if the number of percent for the art projects are not limited.
    Mayor Hindman asked if Water and Light projects could be combined in a separate arts fund. Under the Charter, Mr. Beck explained that funds from Water and Light could be used for either water or light facilities. However, he said for a number of years staff has implemented a policy in that water improvements and electric improvements are self-supportive and are not subsidized from each other. Mr. Janku pointed out the downtown city office expansion would involve a variety of funds.
    Regarding the Stephens Lake Park development, Mr. Janku believed the Council set the budget for improvements at $950,000 for the first year. He noted the one million cap. Ms. Hunter said the committee preferred to see the overall development pooled so that the art component reflected a view of the whole project, which would take it over the cap.
    In regards to limiting the number of projects, Ms. Hunter indicated the committee discussed the issue of controlled growth due to maintenance. She said as the City's art collection grows, they want to be able to grow with it and maintain it properly.
    Mr. Janku asked about the budget for the Wabash Station project. Mr. Patterson said that Phase I totals about $2.4 million. Mr. Janku asked about the funding of it. Mr. Patterson replied that this year, staff submitted a grant application for the purchase of the warehouse building on Orr Street and the design of the facility. He said this project is being considered as part of the Percent for the Art program. Mr. Janku noted that staff may not know what can be funded, and he asked how they would know when the art component can proceed. Mr. Patterson reported the art is being incorporated into the design process so that when they get to the point of construction, it will already be planned and they will know what the cost will be. He thought they could proceed with the accommodation of the art based on their estimates of it, which could be adjusted based on reality at the time.
    Mayor Hindman made the motion that they approve the four recommended projects.
    Mr. Loveless asked if anyone felt strong enough about the water reservoir to amend the motion adding it to the list. He disagreed that the location is remote and noted that thousands of people pass by this facility.
    Mr. Malon pointed out that landscaping can count toward art and said a great deal of money has already been spent for such on the existing facility. In addition, a lot more will be spent after the second phase is built. Mr. Malon noted a water feature in front of the pump station as well. He was not sure where an art project might be placed on the grounds. Mr. Malon noted a park on the south side had been installed prior to the creation of the Percent for Art program.
    Mr. Loveless suggested signing off on the four projects now and asking the committee to examine the reservoir project to see if something could be worked in.
    Mayor Hindman asked if the landscaping is more than what would be normally required. Mr. Malon said it was. He stated there is actually a pocket park on the south side of the facility with a pathway through it. He explained a landscaped berm is planned for the expansion between it and the homes. When that is finished, there will not be much room for an art project unless it is placed in the park.
    The motion made by Mr. Hindman to approve the four recommended projects, was seconded by Mr. Janku and approved unanimously by voice vote.

(B)     Percent for Art Policy Modifications.
    Ms. Hunter explained the purpose of the modifications to refine the legislation. Regarding the elimination of any potential sites, she said that was linked to the funding issue as well as targeting sites that would be most seen or used by the public. Ms. Hunter indicated the committee also tried to predict how a piece would be incorporated into a project and then the associated maintenance of such.
    Mr. Janku noted that bridges were not on the list of recommended exclusions and, therefore, assumed they were to be included in considerations. Ms. Hunter confirmed that assumption.
    Mr. Coffman remarked that some cities designate water and radio towers for art projects and they can become landmarks and points of interest that people enjoy visiting. He agreed it was beneficial to limit the number of projects, but questioned why these potential sites would be excluded from consideration. Ms. Hunter stated the committee expressed concern about the maintenance aspect.
    Mr. Loveless assumed the potential maintenance or repair of an art piece was considered by the committee before giving approval. Ms. Hunter said it is now. She said although the committee is very knowledgeable, when looking at a proposal and trying to anticipate any kind of maintenance issues is sometimes very difficult, especially when considering possible vandalism. Ms. Hunter remarked that there is not an outdoor conservator presently on the committee that could speak to that issue.
    Mr. Beck noted the report refers to the annual level of funding for future maintenance work. He said a few things have come up that staff has had to find the money to correct.
    Mr. Loveless believed maintenance fund monies could come out of the Percent for the Art program. He pointed out in the major departments, such as Water and Light and Public Works, who work on millions of dollars worth of projects per year and have quite sizable budgets, it would be possible to combine the projects and come up with a piece of art which is a result of pooling the one percent from various projects as well as providing maintenance funds from it as well. He was not sure a separate maintenance fund needed to be established from the general fund. Mr. Loveless also saw no reason why the City could not come back to a public facility that has been in existence for a long time that would benefit greatly by having a piece of art in front of it. He gave the Boone Building as an example and said if there was an appropriate site and an appropriate piece of art for the building, it should be acceptable. Mr. Loveless noted this would not be allowed according to policy unless the building underwent major renovations.
    Mr. John thought that Mr. Loveless' proposal would open a logistical can of worms. He pointed out the City receives grants from a number of agencies which he did not think could be combined. Also, if the maintenance is going to come out of the one percent already designated, it would result in only half the art because the fund would have to be fairly significant over time.
    Mr. Loveless asked if it was any less of a job to administer a small project with a small piece of art than it is a major one. Ms. Hunter replied that it was roughly the same amount of work with the difference being the length of time a project is underway. She explained that both the recreation center and the fire station were designed at the same time with the artists being selected within a few months of each other. The piece at the fire station has been installed as of last month, but the one for the recreation center will not be fabricated and installed until some time next year. In terms of the steps that occur, the projects are virtually the same.
    Mayor Hindman believed storm water detention facilities could benefit from the Percent for the Art program, but the recommendation is to remove it from consideration.
    Because the attempt is being made to limit the projects, Mr. John thought the committee was trying to focus on those that would have more public activity than a storm water detention facility would have. He questioned why sanitary landfills were not recommended for removal from the list. Mr. John commented that it is not typical for people to be around these areas.
    Mr. Hutton wondered about the difference between an art object and the whole philosophy of the Percent for Art program. He questioned whether the purpose of the program is to attract people to come view the art, or is the art simply dressing up a site to make it look better than it would have otherwise.
    Mr. John made the motion that the Council approve the recommended changes and direct staff to rewrite the legislation. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.

(C)     Columbia Area Transportation Study Organization 2025 Transportation Plan.
    Mr. John made the motion that they hold a work session and then schedule a public hearing. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.

(D)     Intra-departmental transfer of funds.
    Report accepted.

(E)     Street closure request.
    Mr. Hutton made the motion that the closure be permitted as requested. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.

(F)     Report from the Historic Preservation Commission on Blind Boone Home.
    Mr. Loveless made the motion that the report be accepted. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.

(G)     Insurance Institute for Highway Safety Speed Hump Study.
    Mr. Loveless made the motion that staff be directed to proceed with developing a project agreement with the Institute. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.


    Ms. Crayton thanked everyone that volunteered their time and money to help with the Everybody Eats Thanksgiving program. She said they were able to pass out 98 baskets and serve approximately 200 people on Thanksgiving.
    Ms. Crayton commented that she would like to see more diversity in the programs the City offers to the citizens of Columbia. Mayor Hindman indicated the Council would welcome any suggestions that Ms. Crayton had.
    Regarding the comments made earlier by Mr. Griffin pertaining to the nuisance ordinance, Mr. Janku asked if it was possible to tighten the legislation further. He said he would welcome staff suggestions. Mr. Janku proposed some type of tickler system to follow-up on complaints. He said oftentimes people would appreciate knowing that action is being taken after a complaint has been filed.
    Mr. Hutton remarked that the North Central Neighborhood Association is of the opinion that there are still some pending revisions to the nuisance ordinance. He asked about the status. Mr. Boeckmann thought Mr. Hutton was referring to the chronic nuisance ordinance, which is different than the nuisance ordinance amended last summer. If that was the case, he is working on the issue and anticipates sending a report to the Council sometime in January. Mr. Boeckmann noted that when the nuisance ordinance was amended last time, Mr. Loveless had a suggestion regarding the addition of trailers. He indicated that he had not forgotten this recommendation, but he had not received any feedback from the Health Department on whether or not they have encountered any difficulties. Mr. Boeckmann stated this information will be forwarded to the Council as well.
    Based on the earlier testimony this evening, Mayor Hindman asked if the City has improved ordinances with respect to the kinds of problems Mr. Griffin was talking about. Mr. Boeckmann thought a lot of the problems that were mentioned have been dealt with by the amendments to the nuisance ordinance. He said not every complaint is handled through that process and when a violation is sent through Municipal Court, it could take longer. Mr. Hutton pointed out that the last amendments reduced the period of time before a violation can be sent to the Court. Mr. Boeckmann agreed it can go to Court right away, but the City had to follow an administrative process before correcting a violation. Mayor Hindman asked if both things can happen simultaneously. Mr. Boeckmann responded affirmatively. He noted that even when a person is convicted of a violation and a fine is levied, sometimes the nuisance will still not be abated.
    Mr. Loveless spoke about the ordinance dealing specifically with vehicles that would not run, weeds, and trailers full of junk. He asked if that ordinance would help with things like the mattress that was leaning up against the outside wall for several months, the couch thrown in the yard, and the overflowing dumpsters. Mr. Boeckmann said it did not get that specific, but those kinds of things would fall under the aesthetics ordinance, and most of these issues can be corrected through the nuisance procedure.
    Mr. Patterson noted a lot of violations involve minimum property standards and the same streamlined procedures cannot be followed. He said there are some nuisances that cannot be streamlined.
    Mayor Hindman asked how the minimum property standards are enforced. Mr. Patterson explained that these standards are enforced by Protective Inspection and are generally applicable to rental properties. He said inspections are made, and if it is determined from the outside that there is cause for an internal inspection, staff obtains an administrative search warrant for such. He reported that any correction notice issued allows for an appropriate amount of time for the repair to occur. He said there is a procedure wherein the owner of the property can request a hearing with the Public Works Director. Failing compliance, then yet another notice is issued and if the problem is still not abated, the case will eventually go to court. Mr. Boeckmann pointed out that this process is based on state statute and the potential for streamlining it is very limited.
    Mayor Hindman said it is very frustrating to the people who see their neighbors do this sort of thing and when they report it nothing seems to be happening.
    Mr. Loveless asked about the progression of traffic calming on Chapel Hill. Mr. Patterson reported that it is still being reviewed by the traffic engineer.
    Mr. Loveless reported a theater sign located on the Biscayne Mall property that was not taken down within the six month period after the business closed.
    Mr. Loveless explained that he had received a complaint about traffic being backed up on Forum Boulevard when motorists try to turn onto Stadium eastbound. He asked about the possibility of a second right hand turn lane at that location.
    Mr. John noted the Council approved the hiring of a consultant for the study of Police Department staffing. He said there seems to be a lot of armed robberies and other crimes occurring recently, and he thought people were becoming apprehensive about being downtown after dark. Mr. John said that is not good for the economy and he would like to see it fixed quickly, if possible.
    Mr. John made the motion that staff report back on the status of the staffing study. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    Regarding the earlier comments pertaining to the cable franchise renewal, Mr. Coffman stated he was excited to hear about the CAMERA group and their suggestion about being permitted to use a local access channel for public programming. He asked the staff to provide the Council and the Cable Committee with what they think might be needed as far as changes to the franchise or to City policies to allow that to happen. He asked that they investigate some of the other cities that have already done this.
    Mr. Coffman said he had received a call about the directional sign on Old 63 that identified Stephens Park -- he thought the sign was pointing to Lion-Stephens Park. Now that there is another Stephens Park, he stated the sign should be removed or clarified in some way to lessen confusion.
    Mayor Hindman was concerned about business licenses and the fact that some individuals are providing services without a license. He wanted to know what could be done about enforcing the ordinance.
    Mayor Hindman made the motion that a study be done and a report be sent back to the Council. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    Peter Dohm, 4815 Aztec, explained that he is a strong supporter of the can ordinance and is hopeful the Council would continue to study the issue.
    The meeting adjourned at 9:53 p.m.

                                                                                                    Respectfully submitted,

                                                                                                    Penny St. Romaine
                                                                                                    City Clerk