M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
DECEMBER 17, 2001
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, December 17, 2001, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, and LOVELESS were present. The City Manager, City Counselor, City Clerk and various Department Heads were also present.
 

APPROVAL OF MINUTES
    The minutes of the regular meeting of December 3, 2001, were approved unanimously by voice vote on a motion made by Mr. Loveless and a second by Mr. Janku.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mayor Hindman noted that B389-01 and B391-01 would be moved from the Consent Agenda to Old Business.
    Upon his request, Mr. John made the motion that Mr. Janku be allowed to abstain from voting on R278-01. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    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. Hutton.

    Mayor Hindman made the motion that the Council adjourn to a closed meeting in the fourth floor conference room when the regular meeting is adjourned to discuss litigation. The motion was seconded by Mr. Janku with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Motion passed.

    Mayor Hindman welcomed Scout Leader, Chris Graham, and Troop 702 from Broadway Christian Church.
 

SPECIAL ITEMS
R278-01     Authorizing FY 2002 Human Rights Enhancement Program Contracts.
    The resolution was read by the Clerk.
    Marie Glaze, Chair of the City's Human Rights Commission, noted eight proposals had been submitted and all had received partial funding. She believed the applicants were pleased with the funding recommendations.
    Mr. John asked if the Commission had any concerns about allocating partial funding. Ms. Glaze responded that is taken into consideration when making recommendations. She thought the applicants come into the process knowing there are limited dollars and are not surprised when the Commission is not able to fund to the level being requested.
    Mr. Loveless asked about the $500 in funds being earmarked for the job shadowing program at Parkade School. Ms. Glaze explained that it covers transportation costs, pictures, and a luncheon.
    The vote on R278-01 was recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, HUTTON, LOVELESS. VOTING NO: NO ONE. ABSTAINING: JANKU. Resolution declared adopted, reading as follows:
 

SCHEDULED PUBLIC COMMENTS
    None.
 

PUBLIC HEARINGS
B363-01A     Amending Chapter 29 of the City Code relating to off-street parking and loading regulations.
    The bill was read by the Clerk.
    Mr. Dudark noted the staff recommendations for further modification of the ordinance.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Janku agreed with the recommendation in respect to health clubs - 1 parking space per 150 square feet of building space.
    In reference to excess parking, Mr. John noted about 60% of the businesses do not meet the standards, even with 50% over. He pointed out that no school would meet the standard. Mr. John thought the idea of placing a cap on parking suggests that a business would pave more area just because they wanted to. He said there would be no economic benefit derived from paving more spaces than needed. With the current language, the only alternative to increase parking by more than 50% would be to obtain a variance from the Board of Adjustment. Mr. John believed the language in regards to excess parking should be removed from the ordinance.
    Mr. Hutton concurred with Mr. John's statements. He saw no useful function for this requirement.
    Mr. Janku agreed there should not be a cap until all of the uses have been studied.
    Mayor Hindman was supportive of the cap, but was willing to postpone acting on it at this point.
    Mr. Janku noted that the amended ordinance allows businesses to withhold 20% of their parking in green space until it is needed to meet demand. Mayor Hindman indicated he still wanted to revisit the cap recommendation in a year.
    Mr. Coffman agreed with Mayor Hindman. He said staff had done a lot of work on this issue, but more was needed. He suggested the Council proceed with what is agreed upon, and then specify categories that require further study.
    Mr. Hutton made the motion that the Council approve the first two recommendations set out in the staff memo (parking requirement for restaurants -- one space per 100 square feet of dining area; requirement for Health/fitness clubs -- one space per 150 square feet) and delete the third recommendation in regards to excess parking from the ordinance. The motion was seconded by Mr. Coffman.
    Mr. Janku made the motion to further amend B363-01A by adding to 29-17(d)(5) the word "non-residential" before public streets. The motion was seconded by Mr. Loveless.
    Mr. Dudark noted that this applied only to a C-P zone and would not apply to any other zoning district.
    The motion made by Mr. Hutton, seconded by Mr. Coffman, was approved unanimously by voice vote.
    The motion made by Mr. Janku, seconded by Mr. Loveless, was approved unanimously by voice vote.
    B363-01A, as amended, was read with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

PR263-01     Establishing criteria for approving Transportation Development District projects.
    The policy resolution was given second reading by the Clerk.
    Mr. Beck explained that this policy resolution would establish criteria for approving TDD projects within the City. He explained the criteria suggested for adoption.
    Mayor Hindman asked about any potential projects where City funding is anticipated going through the public improvement process. He asked if that would be applicable even if City funds are not used. Mr. Boeckmann explained that typically, if the developer pays all of the cost, it would not go through the City's public improvement process. He said the public improvement process involves advertising, holding a public hearing, and then the Council votes on the request as opposed to approving an agreement and not holding a public hearing.
    In regards to the project including a revenue producing component, Mr. Loveless thought that meant there must be a retail or sales component to the project. He said it can be done by assessment and it is not necessary to have revenue in the TDD. Mr. Watkins responded it may not be necessary, but the thought had been to ensure there was a component in the TDD that could pay the bonds off within the time frame allowed. He indicated it is not necessary that the TDD contain some kind of a sales component.
    Mr. John noted that each criteria reads must and/or shall. He suggested that the wording be changed to should -- i.e., the criteria should be met, but if it is a great idea and not all conditions can be fulfilled, the TDD could still be established.
    Mr. John made the motion that all of the musts and shalls be changed to should, except for (b). The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. Coffman noted the discussion in that the districts could include a property tax component. He asked if there needed to be a section stating this. Mr. Boeckmann explained that a TDD is a separate political subdivision and cities do not have as much control over them as one may think.
    Mr. John wondered if the word "sales" should be struck from the first sentence in Section 5. Mr. Boeckmann reported the City cannot collect property tax for the district, that would be the district's responsibility. Under the statute, Mr. Watkins explained all property taxes, special assessments, etc., are collected by the County. He indicated the City would have to enter into an agreement to collect sales tax. Mr. Watkins said that is why it was specifically identified in Section 5.
    Mr. Hutton recommended adding subsection (g) stipulating that City expenses should be reimbursed as part of the project. He said it could be a negotiating point for the City to be reimbursed for costs as well. Mr. Janku believed the language should be less mandatory. Mr. Hutton suggested the wording, "reimbursement of City or other governmental agencies expenses should be considered as part of the plan."
    Mr. Hutton made the motion that PR263-01 be further amended by adding clause (g) as stated above. The motion was seconded by Mr. John and approved unanimously by voice vote.
    Mr. Loveless made the motion that PR263-01 be further amended by striking the wording in Section 1 (d) "revenue producing component" and inserting in lieu thereof "funding mechanism". The motion was seconded by Mr. John and approved unanimously by voice vote.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    The vote on PR263-01, as amended, was read with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Policy Resolution declared adopted, reading as follows:
 

B388-01     Calling for bids for improvements to Smithton Neighborhood Park.
    The bill was given second reading by the Clerk.
    Mr. Beck pointed out that per the 1999 ballot issue, $70,000 was budgeted toward the project.
    Mr. Hood explained this park site containing 12 acres is located north of Worley Street, immediately north of Smithton Middle School. Six acres of the park is owned by the City, and this past summer we entered into a long-term use agreement with the Evangelical Free Church for the additional six acres. Access to the park is provided on the west from Silvey Street, on the south from West Worley Street, and on the east from a short stub street known as Bourbon Street. During the neighborhood meetings when the plans for the park were discussed, Mr. Hood indicated there had been some interest by immediate neighbors to the possible abandonment of Bourbon Street. His understanding now is that those neighbors are considering submitting a request for such. He stated staff recommends that should the Council agree to the request, that the City retain a pedestrian easement on the site.
    Mr. Hood reported the planned improvements include a playground, a picnic shelter, a paved walking trail, and a softball/soccer play field/practice area. If approved this evening, he explained it is staff's intent to complete the earth work for the softball/soccer play field area this winter or very early in the spring so it can be seeded in the spring. The remainder of the improvements would be developed by Park staff using force account labor. Those improvements would proceed later in the construction season pending completion of some existing projects.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B388-01 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B390-01     Authorizing construction of water main serving Vanderveen Crossing, Plat 4; authorizing payment of
                   differential costs.
    The bill was read by the Clerk.
    Mr. Beck explained the project location to be north central Columbia. He stated the differential cost for an eight inch rather than a six inch water line amounts to $8,000 and it would be paid for out of Water and Lights funds.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. John spoke in support of this project. However, he noted at the time of plat approval, staff should already know when a water line would have to be oversized, or what easements are going to be needed, or what utilities will have to be installed. He wondered why these issues are not included as part of the plat's approval which would allow the City Manager and staff to approve the rest as the project progresses.
    Mr. Malon said for most utility easements, there are no separate ordinances for residential subdivisions included on the plat. He noted there are a lot of reasons why there are other easements -- either the property was not platted at that time or there were no easements where the utilities needed to go. Mr. Malon indicated there are two bills on the Consent Agenda this evening which involve plats for commercial areas and staff does not know where the buildings are going to be placed on those properties until the developer gets ready to construct them. He said staff works out the locations of transformers and whatever else with the builder/developer.
    B390-01 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

(A)     FTA Grant to fund renovation and expansion of Wabash Station and the purchase of 103 Orr Street.
    Item A was read by the Clerk.
    Mr. Patterson explained that a verbatim transcript of the public hearing would be prepared, which would include any written comments received within 15 days after the date of the hearing. Anyone wishing to submit written comments should direct them to the Director of Public Works, P.O. Box 6015, Columbia, MO 65205. He noted that the affidavits of publication for the public hearing will also be part of the hearing record.
    Mr. Patterson reported this hearing is related to the remodeling and expansion of the City transit terminal located in the historically significant Wabash Station. The project consists of remodeling and restoring the Wabash Station in accordance with historical guidelines, including all additions or improvements to the building. The plan also calls for construction of a covered canopy in the area for loading and unloading passengers. He noted this will involve rearrangement of parking and additional landscaping on the site. Furthermore, plans call for the purchase and ultimate removal of a warehouse building at 103 Orr street. Mr. Patterson said this will allow for potential future construction of a scheduling, dispatching and administrative facility on the Orr Street site if the need should occur due to increased or expanded uses of the terminal facility. He stated the facility would be constructed as part of Phase II of the overall project and it is not anticipated in the near future.
    Mr. Patterson explained the first phase, the direct focus of tonight's hearing, will be developed in multiple stages. The first stage will be the proposed design of the restoration of the building and the small addition to it, along with the covered canopy. It will also include the purchase of the Orr Street property. The estimated cost for the first phase is $400,020, of which 80% will be paid through an FTA Grant and the 20% local match was included in this year's fiscal budget. The building will be restored in accordance with historical guidelines, and while the timing of the actual construction work is dependent upon federal allocations and appropriations, Mr. Patterson reported that staff believes they will be able to move ahead with the design and purchase of the building this coming year.
    Ms. Crayton asked about temporary shelters during construction. Mr. Patterson explained that the building will be functional throughout the restoration. Regarding public comments, Ms. Crayton asked whether assistance will be given to people who need help in completing comment forms. Mr. Patterson said he would try to address her concerns.
    Mayor Hindman understood that it might be some time before the City would have any use for the property where the warehouse stands. Mr. Patterson agreed with that statement. He noted staff still needs to complete the Phase II Environmental Assessment and Impact Statements; however, they are just finishing up with the first phase. Mr. Patterson indicated a determination still needs to be made as to whether the building on Orr Street has any historical significance. Mayor Hindman noted that it appeared the buses would exit onto Orr Street. Mr. Patterson replied that once the Orr Street building is removed, it would allow circulation around the area. He pointed out the buses can circle the area and come back out on Tenth Street or onto Orr Street.
    Mayor Hindman opened the public hearing.
    Linda Rootes, 807 N. Eighth Street, President of the North Central Columbia Neighborhood Association, spoke on behalf of the Board of Directors and their support for this grant application to fund the renovation and expansion of the Wabash Station and the purchase of the Orr Street property. She said their group had been kept well-informed about the process and they did not receive any negative comments from residents in the neighborhood. Ms. Rootes appreciated that the Wabash Station would be saved, which is very important to the character of their neighborhood. She said the project would not only improve services for bus patrons, but it would also improve the environment which she thought would increase bus ridership. Ms. Rootes noted that members of the Board particularly liked the semi-circular design of the addition on the east side of the existing station and, because of the pedestrian traffic in the area, they are very interested in having the City install good crosswalks.
    Mayor Hindman closed the public hearing.
    Mr. Loveless made the motion that the staff be directed to proceed as planned with Phase I. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
 

(B)     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.
    Item B was read by the Clerk.
    Mr. Beck explained this to be an approximate one acre tract. He noted that informally, the applicant indicated they would be asking for permanent R-1 zoning. This annexation request is primarily being made in order to allow for connection to the City's sewer system.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
 

B389-01     Approving the replat of Lot 194 Broadway Farms, Plat 13.
    The bill was given second reading by the Clerk.
    Mr. John asked if the setback is being changed because an ATM machine was placed in the wrong location on the lot (the canopy extended into the setback). Mr. Loveless believed it would allow successive construction to be closer to Broadway because the setback will be narrower. Mr. John noted the canopy for the service station planned to be located between the corner and the ATM machine will come within 15 feet of the Broadway right-of-way.
    Mr. Loveless suggested an alternative to replatting would be for the applicant to submit an application to the Board of Adjustment for a variance to the canopy.
    Mr. Dudark explained that the 15 feet would comply with the zoning ordinance, but for some reason it was platted at 25 feet. He said the applicant could actually have it across the entire frontage, but they are requesting a 250 foot portion - where the ATM and the convenience store will be located.
    Mr. Janku asked if the replat would impact the ability of constructing a sidewalk. Mr. Dudark said it would not affect the right-of-way, just the building setback line. He said sidewalks are typically in the right-of-way. Mr. Janku asked why the applicant was not required to build a sidewalk. Mr. Loveless assumed it was because the sidewalk ordinance was not in affect at that time. Mr. Loveless asked if a replat of the lot would trigger the sidewalk ordinance. Mr. Boeckmann said he would have to check into that, but the Council would not be granting any variances or waivers with the passage of the ordinance.
    It was suggested the Council table the issue in order to obtain more information.
    Mr. Coffman made the motion to table B389-01 to the January 7, 2002, meeting. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

B391-01     Accepting easements for utility purposes.
    The bill was given second reading by the Clerk.
    Mr. John noted the City acquires and accepts easements on newly platted subdivisions. He understood that when utilities are changed around, that a new easement would have to be approved, but he thought there are a lot of reiterations. He spoke of his preference to include as many easements as possible on the plat so the Council does not have to go through some of these four and five times for just one subdivision.
    B391-01 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. 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.

B392-01     Authorizing acquisition of land necessary for 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.
R264-01     Setting a public hearing: Walnut Brook Interceptor Sewer Improvement Project.
R265-01     Setting a public hearing: water main construction serving Timberlake Subdivision, Plats 2 and 3.
R266-01     Authorizing FY 2002 certifications and assurances for FTA assistance programs.
R267-01     Authorizing Supplement #3 to FAA lease at Columbia Regional Airport.
R268-01     Authorizing a service agreement for transmission service with Associated Electric Cooperative
                   under Associated's open access tariff.
R269-01     Amending the agreement with the Missouri Department of Health for an Immunization Action Plan.
R270-01     Authorizing an agreement with Boone County Historical Society to provide a caretaker for Nifong
                   Park and the Maplewood Home.
R271-01     Authorizing an agreement with Boone County Historical Society to operate, maintain and improve
                   facilities in Nifong Park.
R272-01     Renewing an agreement with Columbia Online Information Network to provide Internet services to
                   residents.
R273-01     Authorizing FY 2002 social service agency contracts.
R274-01     Authorizing contracts with home health care agencies for homemaker/personal care and respite care
                   services.

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

NEW BUSINESS
R275-01     Authorizing demolition of dilapidated structure at 313 North Garth Avenue.
    The resolution was read by the Clerk.
    Mr. Beck noted that many complaints have been received regarding the condition of this structure. He said the situation has been reviewed by the Neighborhood Response team as a potential public nuisance, and the Public Works Department has conducted public hearings on it. The property owners have obtained a demolition permit, but there is concern about how timely they will follow through on the project. Mr. Beck explained that this legislation would authorize the City to have the home demolished and the City would issue a tax bill to recover the costs for doing such.
    Mr. Janku concurred with the recommendation that Public Works have the authority to initiate the demolition of the building and that they not rely on the property owner because of their failure to meet performance deadlines. He was hopeful properties such as this one could be acquired by the City to be returned to some sort of affordable housing.
    The vote on R275-01 was recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R276-01     Authorizing a grant agreement with the Missouri Department of transportation for sidewalk
                   improvements along a portion of Business Loop 70.
    The resolution was read by the Clerk.
    During the budgeting process, Mr. Beck explained that the Council spoke of their support for improvements along Business Loop 70. Money was budgeted to begin the project and since then, a staff task force committee was established to see what could be done to upgrade the area with respect to sidewalks and some other enhancements along the roadway. He noted that property owners have been involved in the process. After several meetings, it was determined that the project should begin on the west side by Creasy Springs Road, working eastward toward Garth Avenue. Mr. Beck indicated one of the issues identified up front was the need for sidewalks, and since then, MoDOT has agreed to an initial grant in the amount of $65,000 toward the improvements. The overall cost to construct five foot sidewalks is estimated at $260,000, with the cost being divided 50/50 with property owners. Mr. Beck reported 50% of the project costs for this sidewalk would be paid for between City funds and the State enhancement grant. He pointed out staff is still working on developing other plans in regards to upgrading the Business Loop.
    Mr. Hutton asked if the abutting property owners share of the project would be paid through the tax bill process. Mr. Beck said that was correct, but it could be paid off early to avoid the interest. Mr. Hutton asked if property owners have been involved in the planning process. Mr. Dudark explained that staff has talked with several of them who have called and wanted to know what is being planned (Parkade Center and some of the banks in the area have called). They were told about the possibility of a MoDOT grant and the City's contribution to the project. Mr. Hutton understood that not every property owner along the 4,000 feet had been contacted. Mr. Dudark indicated that was correct.
    Mr. John asked if staff had shared with them that they would be paying for half of the project. Mr. Dudark said that had not been done yet.
    Mr. Beck said this bill would authorize the City grant agreement. He indicated that public hearings still have to be held, at which time the property owners will be notified. Mr. Dudark pointed out that this grant would include compensation for right-of-way acquisition so property owners would be participating in receiving funds as well as contributing to the cost.
    Mr. Janku said he has seen other projects like this where the property owners have been very supportive. As the project moves forward and they see the benefit to their business environment, he thought they would tend to be supportive.
    Mr. John noted that the City would be responsible for the maintenance of the sidewalk improvements. Mr. Dudark confirmed that MoDOT will not be responsible for maintaining the sidewalks.
    The vote on R276-01 was recorded as follows; VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R277-01     Approving the final plat of Scottish Rite Subdivision, Plat 2, a replat of Lot 1 of Scottish Rite
                   Subdivision.
    The resolution was read by the Clerk.
    Mr. Beck explained this tract is outside the City limits, but according to the annexation agreement, the applicant has to comply with our platting process. He reported the replat would divide the one lot into two parcels. He noted a question arose in regards to street numbering.
    Mr. Dudark explained that when staff reviewed the plat, they found it to be in compliance with all subdivision requirements except in regards to the City's numbering system. In reference to the signed annexation agreement between the property owner and the City, he indicated there was a stipulation in the agreement which required that the City's numbering system had to be followed. Based on the 9-1-1 system, the property would be assigned an address of 5900 Masonic Drive. However, the address assigned by the County is 33 Masonic Drive. Mr. Janku pointed out that the County Commission had granted a variance to allow that address number.
    Mr. Janku said this is only the second time since he has been on the Council where there has been a discrepancy in the numbering system. After the Council approved the first one, they learned the grid system had been established to enable emergency responders to locate properties quickly. He said the system conveys lots of information. Mr. Janku stated if the County does not mind the variation, that is their decision, but he believed the issue will need further review when the property is annexed into the City.
    Mr. Janku made the motion that R277-01 be amended by adding the following to Section 2, after the word property, as follows: "until such time as the property is annexed into the City." The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
    The vote on R277-01, as amended, was recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. 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:

B394-01     Calling for bids for the Spruce Drive Street Construction Project.
B395-01     Calling for bids for construction of a sanitary sewer force main at Columbia Sanitary Landfill.
B396-01     Authorizing Change Order No. One; approving engineer's final report for the Parkade Heights/Creasy
                   Springs Road Drainage Project.
B397-01     Authorizing an interconnection agreement with Boone County Regional Sewer District; appropriating
                   funds.
B398-01     Amending Chapter 12 of the Code as it relates to the Commission on Human Rights.
B399-01     Authorizing construction of water main serving Timberlake Subdivision, Plats 2 and 3 and payment of
                   differential costs.
B400-01     Accepting easements for utility and water purposes.
B401-01     Authorizing an agreement with Plaza Real Estate for lease of office space at 310 E. Walnut;
                   appropriating funds.
B402-01     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.
B403-01     Approving the replat of Highland Park Addition, Block VII.
B404-01     Approving the final plat of Woodrail Subdivision, Plat #14.
B405-01     Approving the final plat of Rock Bridge Christian Church, Plat 1; authorizing a performance contract.
B406-01     Approving a revision to the C-P/O-P Development Plan of Village Square.
B407-01     Amending Chapter 11 of the City Code by repealing Article III relating to beverage containers.
B408-01     Calling a special election pertaining to deposits on beverage containers.
B409-01     Calling a municipal election to be held April 2, 2002, to elect Council members for Wards 1 and 5.
B410-01     Authorizing Change Order No. Two to the contract with Curtis-Manes-Schulte, Inc. for construction
                   of the Columbia Community Recreation Center, appropriating funds.
B411-01     Appropriating funds for the Mayor's Council on Physical Fitness and Health.
 

REPORTS AND PETITIONS
(A)     Proposed Historic Streetlights Demonstration Project.
    Mr. Beck explained that the Special Business District is requesting permission to install four historic lights on Fourth Street between Walnut and Ash Streets.
    Mr. John thought a different light had been used when developing Flat Branch Park. He agreed the Old Town acorn-style looks like what had been used in Columbia years earlier, but he thought it would be more consistent with what we are currently using to go with the Main Street version.
    Mr. Watkins replied that it is a different light than what was used in Flat Branch Park. During discussions, he pointed out there had been quite a bit of concern about glare and consistency so the Board went back over specifications for street lights. He said SBD members thought the acorn-style may have less glare than the Flat Branch Park lights.
    Mayor Hindman asked if the new 18-foot poles would be an advantage to what was put in at Flat Branch Park. Mr. Watkins said it would be, and he noted that the same kind of fixture would fit on either pole.
    Carrie Gartner, Executive Director of the Special Business District, explained the SBD Board had been working with City staff for about a month on choosing the historical downtown lights. She noted that the manufacturer said the illumination levels were better with the acorn-style. Ms. Gartner commented that a major concern was that there not be a decrease in the amount of light, which would create a dark, unsafe downtown. She said the property owners also preferred the acorn-style.
    Mayor Hindman made the motion that the test be allowed to proceed. The motion was seconded by Mr. Loveless and     approved unanimously by voice vote.
 

(B)     City/University Simmons Field Agreement.
    Mr. Beck explained that if the Council wishes to proceed with a partnership arrangement to bring a minor league baseball team to Columbia, the next step would be for the Council to direct staff to prepare the proper legislation amending the current agreement the City has with the University in regards to our use of Simmons Field. He explained that in the 1980's, the City contributed $175,000 towards lighting for the field in exchange for use of such for our organized athletic program. Currently, the City has been using the field for adult leagues and there are approximately 20 games played per year. The estimated value remaining from the initial investment has been calculated to about $36,000, or somewhere between five and six years usage at the current rate. Being suggested is the City waiving usage of the field when it is utilized by a minor league club.
    Mr. John noted that residents in the area are concerned about increased lighting and noise with the addition of games. He remarked that Mayor Hindman and Mr. Beck discussed those concerns and they thought the University would look into them and work with us on them. He wanted to ensure the usage of the field does not become inappropriate for the central city.
    Mayor Hindman reiterated that he and Mr. Beck spoke with University representatives about those issues. He was sure there would be efforts made to accommodate those concerns, and added that the University feels they have the sound problem under much better control. Mayor Hindman commented that the University sees itself as providing a service to the community in making the field available. He was hopeful everyone would try to be a good neighbor about the issue.
    Mayor Hindman made the motion that the staff be directed to prepare the proper legislation for Council consideration. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

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

BICYCLE/PEDESTRIAN COMMISSION
Cooper, Harry C. Jr., 500 Longfellow, Ward 4 - term to expire 7/31/04

COMMUNITY SERVICES COMMISSION
Alexander, Jordan, 715 W. Stewart, Ward 4 - term to expire 12/31/04
Peters, David J., 2208 Millay Dr., Ward 2 - term to expire 12/31/04

FINANCE ADVISORY COMMITTEE
Scavone, Edward W., 2806 Moss Oak Ct., Ward 4 - term to expire 12/31/04
Schatz, James R., 1407 Longwell, Ward 4 - term to expire 12/31/04
Stockglausner, William G., 100 W. Green Meadows, Ward 5 - term to expire 12/31/04

FIREFIGHTER RETIREMENT BOARD
Dykhouse, Charles J., 2108 Maricopa, Ward 6 - term to expire 12/31/03

MAYOR'S COMMITTEE ON PHYSICAL FITNESS
Hudson, Mark K., 12301 E. Durk Rd., Centralia

POLICE RETIREMENT BOARD
Dunscombe, Vicki B., 3428 Woodrail Terrace, Ward 5 - term to expire 12/31/03

SPECIAL BUSINESS DISTRICT
Danuser, Karl, B., 6000 Arrowhead Lake Dr., County - term to expire 1/1/05
Kenneth D. Puckett, 2103 S. Country Club, Ward 3 - term to expire 1/1/05
Waters, Jack, 712 Westridge, Ward 4 - term to expire 1/1/05

SUBSTANCE ABUSE ADVISORY COMMISSION
Castillo, Mary Ann, 125 W. Green Meadows, Ward 5 - term to expire 10/31/02
 

COMMENTS OF COUNCIL, STAFF, AND PUBLIC
    Mr. John asked when the Stormwater Task Force would be appointed. Mayor Hindman was hopeful to make the appointments quite soon. He indicated that he was working with Commissioner Miller on the issue.
    Mr. John commented that he would like to see all rights-of-way easements and any charges and pay backs included in the public hearing on the plat so the Council is not dealing with the same plat two and three times. He realized there might be modifications and changes that would require further consideration. Mr. John thought by combining these things, it could save time and paper and perhaps allow staff to spend more time being productive. Mr. John asked the Legal Department to work with Public Works and Water and Light to see what could be done, if it does not require a charter amendment, to consolidate the issues into one piece.
    Mr. Boeckmann replied that staff looked into some of these issues, and there were a number of problems they encountered with them. He pointed out that public hearings are not required on plat approvals, but they are necessary on water extension projects. He stated it would involve an ordinance change to streamline the process a bit. Mr. Boeckmann remarked there was some resistence to doing the easements differently than as is done presently, but he could not remember specifics. He thought it had to do with tracking. Mr. Boeckmann said it was possible to authorize the City Manager to accept easements, but it would be difficult to track which ones he has been authorized to do and which ones he has not. He said he would review it again.
    Ms. Crayton discussed the lack of lighting at the former Nowell's building on Worley Street. Mr. Beck said staff would look into it. She said people are also concerned about the grass not being mowed. Mr. Beck explained the City has a contract for mowing, and for some reason that area had been missed. He reported staff will follow-up on the situation.
    Mr. Janku noted a car parked on the Nowell's lot with a "For Sale" sign in it. He said there were also a couple of other cars parked on the lot near the ATM. Mr. Janku believed a sign should be posted to prohibit parking in the lot, and staff should see that it is enforced.
    Ms. Crayton commented that with the help of the University, the First Ward had received a technology grant. She said seven sites will receive new computers and these sites will be open after the first of the year.
    Mayor Hindman congratulated Ms. Crayton and noted that the grant was approximately $200,000.
    Mr. Janku explained that he had attended a program at the National League of Cities meeting on work force development, a topic he understood the staff to be working on. He said the NLC has announced requests for proposals for technical assistance opportunities on municipal leadership to improve employment opportunities for hard to employ individuals. He noted the proposals are due February 15, and although it does not involve any funds being paid to the City, it does involve people with experience making themselves available.
    Mr. Janku made the motion that staff be directed to look into applying for this technical assistance to see if it might be worthwhile. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
    Mr. Janku said curfews had been talked about several months ago and there did not seem to be much interest in it. Since then, he was contacted by a constituent who supported such. He spoke about an article in The National League of Cities newspaper in which cities around the country were surveyed in regards to their implementation of curfews, and the responses were favorable.
    Mr. Janku made the motion that the staff be directed to report back with their thoughts on whether or not a curfew would work in Columbia. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    Mr. Janku made the motion that staff and the Planning and Zoning Commission be directed to review parking requirements for various institutions (schools, colleges, University, and churches) and some other major parking generators including multi-family housing, lodges, auditoriums, and indoor theaters. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
    Karl Skala, 5201 Gasconade, spoke about the downtown lighting pilot program. He was in agreement with Ms. Crayton's concerns about the lighting issue at the old Nowell's building. He said adequate lighting for facilities that people use, particularly around ATM's and similar kinds of businesses, is absolutely necessary. He passed out information on lighting.
    The meeting adjourned at 9:15 p.m.

                                                                                                Respectfully submitted,

                                                                                                Penny St. Romaine
                                                                                                City Clerk