M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
MAY 7, 2001
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, May 7, 2001, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council members HUTTON, LOVELESS, JOHN, COFFMAN, CRAYTON, and JANKU were present. Mayor Hindman was absent.
 

APPROVAL OF MINUTES
    The minutes of the regular meeting of April 16, 2001, were approved unanimously by voice vote on a motion made by Mr. Hutton and a second by Mr. Janku.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mr. Beck noted that B178-01 would be added to New Business and Report E would be added to Reports and Petitions.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Janku and a second by Mr. Hutton.
 

SPECIAL ITEMS
Resolution of Appreciation - Cliff Robertson
    Mayor pro-tem Crayton, the City Manager, and Water and Light Director Dick Malon were joined at the podium by Mr. Robertson. Mr. Malon explained that Mr. Robertson, Manager of the Transmission Distribution Division, is retiring Friday after working for 52½ years for the City. He said that Mr. Robertson is an outstanding example for all other City employees, as well as citizens of Columbia, by making many contributions to the quality of life in this community. Mr. Malon said he has been both proud and pleased to have worked with him.
    Mayor pro-tem Crayton read and presented Mr. Robertson with a framed Resolution of Appreciation.
    Mr. Beck thanked Mr. Robertson for all of the good work he has done over the years. He noted the support his wife had contributed over the years.
    Mr. Robertson thanked the administration for their support and trust in him. He also thanked his wife for her help and support.
 

SCHEDULED PUBLIC COMMENTS
    None.
 

PUBLIC HEARINGS
B104-01A    Rezoning property located on north side of East Texas Avenue, east of North Garth Avenue from
                     R-1 to R-2.
    The bill was read by the Clerk.
    Mr. Beck explained that this item had been tabled because it was amended at the request of the applicant.
    Mayor pro-tem Crayton opened the public hearing.
    There being no comments, Mayor pro-tem Crayton closed the public hearing.
    Mr. Janku commented that this proposal strikes a good balance and will allow the owners to do what they want to do with their property, while at the same time allow the City to protect the neighborhood against future rezonings in the area.
    B104-01A was read with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

B152-01     Amending Chapters 13 and 22 of City Code to increase charges for sewage service.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this bill was prepared in accordance with the discussion during the 1997 sewer ballot issue. At that time, it was indicated there would be a need to pay off revenue bonds with three sewer rate increases. This will be the third, 3% increase. The rate increase will be implemented with the first billing cycle in June 2001. Since the passage of the revenue bond issue, Mr. Beck noted a great amount of work has been completed throughout the City.
    Mr. Patterson explained the public hearing this evening is a requirement in order to use State Revolving Loan Funds to finance the projects. He noted by utilizing these funds, it provides the City with a substantial savings in regards to interest rates. For the average residential user, he stated the third increase would constitute a 29 cent per month increase based on the average water consumption of 5,200 gallons per month. The rate will increase from $9.64 to $9.93. Mr. Patterson reported the increase will generate approximately $140,000 in additional funding each year.
    Mayor pro-tem Crayton opened the public hearing.
    There being no comments, Mayor pro-tem Crayton closed the public hearing.
    B152-01 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT. HINDMAN. Bill declared enacted, reading as follows:
 

(A)     Construction of pedestrian bridge over Business Loop 70 along the east side of Paris Road.
    Item A was read by the Clerk.
    The City Manager read the following statement:

    Mayor pro-tem Crayton opened the public hearing.
    Mr. Patterson explained that the project will consist of a 10-foot wide pedestrian walkway over Business Loop 70 along the east side of Paris Road. The configuration of the structure was displayed on the overhead. He pointed out that it will be a freestanding structure and would not be physically connected to the existing bridge. He stated the bridge will connect with existing sidewalks on Paris Road both north and south of the Business Loop. The total estimated construction cost for the project is $171,000, with $136,800 of that amount to be financed with Federal Surface Transportation Act Enhancement funding. The project is being designed by the local consulting engineering firm of Trabue, Hansen and Hinshaw. Mr. Patterson explained that the City's portion of the project will finance 20% of the construction cost, as well as the entire amount of the engineering costs which amounts to approximately $18,000. When combined, the City's local share will be about $52,200.
    Mr. Patterson reported the bridge will have a clear span of 80-feet with vinyl chain link fencing being utilized on both sides of the pedestrian bridge. He said that will reduce the potential for items being thrown from the bridge and provide additional safety for pedestrians using such. The fencing will be curved at the top which will create a partial covering of the pedestrian way. Based on a review of existing lighting at this intersection, Mr. Patterson noted staff does not believe additional lighting of the pedestrian bridge will be necessary and, therefore, was not included in the project.
    Mr. Patterson explained the work for the bridge will be almost entirely upon existing state right-of-way. He commented there is a small triangular easement that will be needed at the southeast corner of the project. Because the area has been previously disturbed, staff thought a cultural resource assessment would be needed. The information has been submitted to appropriate state offices for concurrence with this assessment. Mr. Patterson said no businesses or persons will be displaced by the project as it is being constructed on existing right-of-way. All applicable federal guidelines will be followed during the design, construction and acquisition of easements.
    Mr. Patterson noted that the City will prepare a verbatim transcript of tonight's proceedings and will receive written statements for a period of ten days following the public hearing. That transcript will then be sent to the District Engineer for project approval from the Missouri Department of Transportation. If after receiving comments tonight the Council wishes to move forward with the project, a motion should be made directing staff to proceed with actions necessary to complete final plans and specifications and to comply with regulatory requirements.
    Chip Cooper, on behalf of the Ped Net Coalition, spoke in favor of the pedestrian bridge along Paris Road. He said most people understand the many benefits of creating a bicycle/pedestrian/wheelchair friendly community. He remarked those benefits come in the form of energy conservation, health benefits, reduction in traffic congestion and environmental degradation, economic development and affordable living. The network that has been envisioned for Columbia can only be created with the construction of pedestrian bridges. Mr. Cooper indicated this bridge, as well as the Providence Road bridge authorized by the Council at the last meeting, are critical components of the long-term plan.
    Christy Welliver, Chair of the Disabilities Commission, said the Commission supports the construction of this pedestrian bridge. She stated it would be used by many people.
    Greg Ahrens, 1504 Sylvan Lane, spoke on behalf of the Whitegate Neighborhood Association and the Bicycle/Pedestrian Commission. He commented that the new bridge over I-70 will add to the safety of pedestrians who previously used the old bridge which contained no sidewalks. He said this would be a very nice improvement and residents have looked forward to for a long time. Mr. Ahrens thanked the Council for their consideration of the project.
    Mayor pro-tem Crayton closed the public hearing.
    Mr. Hutton made the motion that staff be directed to proceed with final plans and coordination efforts with MoDOT to proceed with the construction of a pedestrian bridge over Business Loop 70 as outlined in the report. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

(B)     Drainage improvements to Bicknell Street - Walnut Street area.
    Item B was read by the Clerk.
    Mr. Patterson explained that this project was identified in the early 80's as a high priority storm water improvement need. He reported staff worked very closely with the residents of the neighborhood during the planning process. The project will consist of a combination of some new piping to retain natural drainage ways. In conjunction with the project, some sanitary sewers will be relocated to eliminate infiltration and inflow that caused flooding of basements in the area. Mr. Patterson reported a large portion of the work will consist of constructing a reinforced concrete box culvert along Walnut Street to Aldeah, and then south of Aldeah approximately 150 feet. He noted a unique feature of this culvert is that it will carry only excess storm water -- normal rainfall will continue to flow through the original channel. In addition, the project consists of some grading and restoration of the opening at the north side of the culvert. Mr. Patterson indicated the portion upstream will be left in its natural state per the neighborhood's request. He pointed out the overgrowth and vegetation will filter the storm water to maintain water quality.
    On Bicknell, Mr. Patterson reported these pipes will be replaced and enlarged. He said this will accommodate excess storm water that is not being carried by the system at this time.
    Mr. Patterson remarked the third major component of the project will be construction of a pipe and inlet system along the west side of Aldeah from Ash Street to the new culvert. This will correct the flooding problems at the intersection of Ash and Aldeah during heavy rains.
    Mr. Patterson noted that the project will eliminate house flooding at 409 Walnut and 19 Aldeah and will eliminate street flooding that occurs in the entire area. Additionally, the project will provide for the relocation of a sanitary sewer that is presently under three houses in the area.
    Mr. Patterson stated the cost of the project will be approximately $410,000, with funding coming from Storm Water Utility and Sanitary Sewer Utility funds.
    Mayor pro-tem Crayton opened the public hearing.
    Gail Plemmons, 17 Aldeah, suggested ways for the staff to approach these kinds of projects. She indicated her family does not consider the creek next to their house as a drainage ditch. They see it as a living waterway and a natural habitat. Ms. Plemmons suggested that the City hire landscapers to plant vegetation to prevent erosion, and to coordinate sanitary sewer repairs with this work to cut costs and the disruption to residents.
    Mayor pro-tem Crayton closed the public hearing.
    Mr. Janku asked if plantings are included in the plans. Mr. Patterson responded that trees being removed as part of the project would be replaced and additional landscaping will occur in the disturbed areas. He explained that routine maintenance of open channels is not done by the City. Ms. Plemmons argued the City should maintain them.
    Mr. Loveless made the motion that the staff be directed to proceed with the Bicknell-Walnut Drainage Improvement Project. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

(C)     Annexation of land on the east side of Bearfield Road, south of Nifong Boulevard.
    Item C was read by the Clerk.
    Mr. Beck explained that this tract contains approximately 7.6 acres and is located about 500 feet south of Route AC. The property is currently vacant and is zoned A-1 in the County. The suggested zoning designation is O-P to allow for the construction of a residential care center.
    Mayor pro-tem Crayton opened the public hearing.
    There being no comment, Mayor pro-tem Crayton closed the public hearing.
    Mr. Coffman noted that the applicant has been meeting with some of the neighbors regarding the concept of the retirement community that is proposed should the annexation request be approved.
 

(D)     Improvements to Sixth Street from Wilkes Boulevard to Hickman Avenue.
    Item D was read by the Clerk.
    Mr. Patterson noted the project estimate to be $260,000 with funding being proposed from Community Development Block Grant funds and tax bills against adjacent properties. This unimproved residential street is approximately 90-feet in width with a 40-foot platted right of way. The existing pavement is anywhere from 18 to 20-feet wide with one four-foot sidewalk along the west side of the street. Existing storm sewers in the area are inadequate in size, and Mr. Patterson commented that his department has received many storm drainage complaints from residents. Sanitary sewer improvements are proposed in order to replace deficient sewer manholes and pipe that had been found during preliminary site investigations. Financing for the sanitary sewer work will come from Sanitary Sewer Utility funds.
    Mr. Patterson reported the proposed improvements include the construction of a 28-foot wide street with concrete curb and gutters, and four-foot sidewalks two-feet from the back of the curb on both sides of the street. Mr. Patterson noted that the normal standard for residential streets is 32-feet, but staff thought 28-feet would be adequate for this area. He noted the utility poles would be located within the two-foot grass strip between the sidewalk and the curb to avoid expensive relocation costs. Extensive storm drainage work will be included as part of the street improvement in order to reduce the street and yard flooding in the area.
    Mr. Patterson commented that staff has met with affected property owners and the neighborhood associations to develop the proposed design. All adjacent property owners and interested parties have received a copy of the report sent to the Council and they were advised of the public hearing.
    Mr. Patterson noted one issue of particular significance to which the Council will need to provide direction. He explained that a request had been received from the property owner at the corner of Sixth and Hickam to omit the sidewalk along that portion of the street, approximately 100 feet in length. He displayed a picture of the structure and noted that it is extremely close to the right-of-way and would, in fact, interfere with construction of the sidewalk. Additionally, Mr. Patterson said the four well-established trees would have to be removed. Staff suggested the possibility that this portion of the sidewalk be eliminated, and if or when some redevelopment at the corner occurs, then the walk could be constructed.
    Mr. Patterson explained that because the project is located in the Community Development Block Grant area, the properties would be subject to tax bills in an amount equal to one-half of the normal rate. Those individuals who qualify as low to moderate income property owners are also eligible for grants that would pay the entire tax amount. The maximum tax bill rate for this project is set at $15 per abutting foot. If Council approves the project, he pointed out that another public hearing would be held after construction in order to allow for the tax bill assessments. At that time, the Council will need to determine if there have been special benefits accrued to the properties that are at least equal to the proposed assessments. Mr. Patterson listed factors the Council may wish to consider at that time as follows: the curb and guttering and the storm drainage facilities will provide for better overall storm water management, the curb and gutter will also improve the appearance and maintainability of the properties, new driveway approaches will provide better access to the properties, the new improved road surface will reduce wear and tear on private vehicles, and the City will be better able to maintain the street -- particularly with regard to street cleaning and snow removal. Under current policy when streets are constructed to improved standards, the property owners are no longer subject to tax bill maintenance costs which can be as much as $2.00 per foot per year.
    Mr. Patterson indicated if after receiving public comment the Council wishes to proceed with the project, a motion should be made directing such. He asked for specific direction with regard to the request for elimination of the sidewalk on the northeast corner of Sixth Street and Hickman Avenue.
    Mayor pro-tem Crayton opened the public hearing.
    Samuel Owen, owner of Smith Shoe Repair, the building at the northeast corner of Sixth and Hickman, said he was not totally opposed to losing the trees if it was absolutely necessary. However, they do provide a significant amount of shade in the summertime.
    Mayor pro-tem Crayton closed the public hearing.
    Mr. Janku favored keeping the trees, but also believed some sort of alternative walkway could be considered. He asked about the fire hydrant and whether or not it would be moved as part of the project. Mr. Patterson said it would have to be relocated if a sidewalk is constructed. Mr. Janku suggested a four-foot alternative walkway without the two-foot buffer, and street could be slightly narrowed at this location.
    Mr. Hutton asked if the sidewalk could be omitted in front of the lot for the first 60 or 70 feet, and then some kind of alternative walk like Mr. Janku suggested could be placed in this area. He also wondered how much excavating would occur. Mr. Patterson said the street and sidewalks would be constructed very close to grade; there would be some excavation for the curb. Mr. Hutton asked if there was a reasonable chance the roots of the trees would not be damaged. Mr. Patterson responded staff thought the trees could be saved because the curb would be located about six or seven feet from them if a sidewalk is not required in this area. He thought it would be 60 feet before they would be past the trees.
    Mr. John asked if there was anything that would prevent the construction of a regular sidewalk from the 60-foot mark. Mr. Patterson concurred with that assessment.
    Mr. Janku thought some type of walk should be provided at the corner. He believed this section of street could be narrowed.
    Mr. Hutton asked about the manhole cover. Mr. Patterson replied the new grade would match pretty close.
    Mr. Loveless wondered if Mr. Janku was suggesting that the street could be narrowed to 24-feet for the first 60 to 100 feet, and then widened to the full 28-feet past the trees. Mr. Janku thought it could be tapered and then the two-foot area between the sidewalk and curb could accommodate the rest of it. He said this might come to 26 feet, but he did not want to dictate numbers.
    Mr. John's preference was to stay with a 28-foot street with no sidewalk until they get past the trees.
    At this point there was considerable discussion as to the wording of a motion.
    Mr. Patterson commented that he understood the desire to have pedestrian connectivity. Before the project can be bid, plans will have to come back to the Council. He said if the Council would give the staff some latitude, they would try to come back with an alternative without having to do a lot of extensive design. Mr. Patterson thought they could work with 24-feet.
    Mr. Janku made the motion that the street be 24-feet wide at the initial point with a four foot alternative walkway tapering back and that staff have the option of bringing alternatives to the Council before making their final decision. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    Mr. Patterson said an interim report would be provided to the Council.
 

OLD BUSINESS
B127-01     Authorizing agreement with Missouri Highway & Transportation Commission for construction of
                   pedestrian bridge over Business Loop 70 along east side of Paris Road; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that approval of this bill would authorize the City to sign a formal agreement with MoDOT regarding the previously discussed bridge project.
    B127-01 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

B133-01     Amending Chapter 10 of the City Code pertaining to cable television franchises.
    The bill was read by the Clerk.
    Mr. Boeckmann explained that an amendment sheet had been prepared to address the issues raised at the last meeting. In addition to the criteria set forth previously, he added language to allow the Council to approve the transfer assignment unless it finds the proposed transferee lacks the legal, technical or financial qualifications to perform its obligations under the franchise. Mr. Boeckmann explained the other language that had been added.
    Mr. Hutton made the motion that B133-01 be amended per the amendment sheet. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    If this amendment passes, Mr. Coffman asked about the time frame with the current application. Mr. Boeckmann said they would still have time. He said both cable companies were reviewing the draft ordinance. Mr. Coffman suggested a Cable Committee meeting prior to the meeting where the issue will be voted on.
    B133-01, as amended, was read with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

B146-01     Granting variance to subdivision regulations re: sidewalks, Country Farms Subdivision, Plat 2.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the Planning and Zoning Commission recommended approval of the variance subject to an alternate walkway being installed along the Vawter School Road property frontage.
    Mr. Dudark noted that the subject lot had been platted in 1998. He also pointed out that this section of Vawter School Road is an improved street with curb and gutter. He explained the variance request to be for a four-foot wide asphalt sidewalk to be located in the right-of-way. Mr. Dudark stated the applicant does not have to comply with the new five-foot standard that became effective in January of this year. He indicated the City does not have a policy that applies to this request because the homeowner is asking to use an alternate material.
    Mr. Dudark reported Public Works has recommended a five-foot sidewalk, but they think a base of six inches and then a layer of asphalt consisting of 1½ inches would be adequate. He noted there is 311 feet of street frontage. To the east of the property is an existing four-foot concrete sidewalk along the south side of Vawter School Road. Mr. Dudark indicated the applicant requested the use of asphalt because they plan to construct a driveway using this material, and would like to have the same contractor install the sidewalk. Regarding the width, he noted that the Commission was split on this issue (6-3) with the prevailing side thinking a four-foot sidewalk was fine because the existing walk to the east is of this width, and also because the five-foot standard went into effect after this issue came up.
    Mr. Patterson noted that when the alternatives were listed for sidewalks on unimproved streets, it was not anticipated the material standards would change for improved streets. He said staff's comments at the time were based on the fact that a concrete sidewalk would be more appropriate in this location because it would tie into an existing sidewalk. For maintenance and future responsibilities, Mr. Patterson stated concrete would be much better.
    Mr. Loveless asked about the difference in cost. Mr. Patterson said he could not imagine that concrete could be much more expensive for this short a distance. He noted with an asphalt walk, a rolled stone base would be required -- which is relatively expensive. Whereas if concrete is used, the City would require a walk four-feet wide and four-inches thick.
    Mr. Coffman asked about the significant difference in relation to maintenance costs. Mr. Patterson said with asphalt, the edges tend to crumble and break away. Mr. Coffman questioned who would be responsible for the maintenance of the walk. Mr. Patterson replied under current policy, the City would be responsible for half of the maintenance cost. Mr. Coffman asked if any analysis had been done as to what these costs might be over time. Mr. Patterson indicated this had not been figured because they did not anticipate that someone would request to use an alternative material.
    Skip Walther, an attorney with offices at 700 Cherry, spoke on behalf of the property owners. He gave a brief history of the request and said an alternative walkway had been granted just around the corner from this site. That surface is gravel. When that variance was granted, his client became interested in seeking a similar variance because of the relative cost savings. Because the Council was considering a policy regarding sidewalks, his client decided to delay their request. While waiting for the policy, it was learned that the City instituted the five-foot requirement. Mr. Walther noted his client's first request was for a four-foot walk. The request for a four-foot walk tonight is the width that was in effect when his client initially applied for the variance. In regards to the request to use asphalt instead of concrete, Mr. Walther believed there would be some savings for this property owner because he plans to install an asphalt driveway. He noted the sidewalk would not connect to any other walk.
    Mr. Loveless asked if the improvement of Vawter School Road stops just at the edge of the applicant's property. Mr. Walther said it is very close to it.
    Karl Skala, a Planning and Zoning Commission member said the initial confusion stemmed from the intent of what was recommended. The sidewalk policy related to alternative walkways along unimproved streets. In this case, the walk would be along an improved street. Mr. Skala believed the intent of the sidewalk policy does not provide an alternate except in form, not substance.
    Mr. John commented that the variance granted on Old Mill Creek was based on it being an unimproved street, and there was a drainage ditch alongside the road with no place to put a sidewalk in the right-of-way. When the Council approved the gravel sidewalk, they were warned there was no maintenance clause in it. He said this walkway does not provide the kind of alternative the Council anticipated because of the lack of maintenance on it. Nevertheless, Mr. John commented that issue was completely different because it involved an unimproved street. In this case, Vawter School Road is an improved street with a curb and gutter. He said a sidewalk system will continue through this area because several of the lots further down have been annexed. At some point the south side of Vawter School Road, from Old Mill Creek to Scott Boulevard, will be in the City limits. He could not see the benefit of allowing an asphalt walk. Mr. John would prefer a four-feet wide concrete sidewalk.
    B146-01 was given third reading with the vote recorded as follows: VOTING YES: NO ONE. VOTING NO: HUTTON, LOVELESS, JOHN, COFFMAN, CRAYTON, JANKU. ABSENT: HINDMAN. Bill defeated.
 

B149-01     Approving final plat of Salvation Army Subdivision; accepting performance contract.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this would create one R-3 lot for the planned expansion of the Salvation Army Harbor House. He noted that staff and the Planning and Zoning Commission both recommended approval. He pointed out a variance request relating to street right-of-way.
    Mr. Hutton asked about the purpose of performance contracts. Mr. Beck explained the performance contract is done in lieu of putting up a bond on improvements.
    B149-01 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

B150-01     Authorizing agreement with Chiodini Associates for professional services.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the Mayor had appointed a committee on public buildings to look at the Daniel Boone Building as well as other office space in the Central Business District Area. Prior to that, an update to the space utilization study indicated there to be a deficit in the square footage of space for various City offices. The Building Committee had a sub-committee which interviewed and took proposals from a number of architectural firms. He said the sub-committee interviewed the firms and had unanimously recommended Chiodini Associates to develop options for current and future office needs in the Central Business District. The full committee and staff concurred with their recommendation.
    Mr. Hutton commented that he had been on the sub-committee that selected the firm. He said they had done an outstanding job in their presentation and have some very impressive people working on the project. He thought they would do an excellent job.
    B150-01 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

B151-01     Authorizing interconnection agreement with Boone County Regional Sewer District for service to
                   Leisure Hills Subdivision; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that staff has met with the Regional District to review some interim treatment facilities in and around Columbia and determine how these might best be handled, preferably eliminating them wherever possible. He said this particular agreement will eliminate a lagoon operated in the Leisure Hills area. The City would pay the District $7,700 to shut down the lagoon, and then the residents would become City customers.
    Mr. Hutton understood the sewer work itself would be built and paid for by a private developer. Mr. Patterson said that was correct, the Boone County Sewer District and the developer of the Deer Ridge Subdivision have an agreement to do that. Essentially, the City would agree to pay $7,700 to the District which is the estimated cost to them for the contractor to close the existing lagoon. Mr. Hutton asked if the sewer work would have to be carried out according to City specifications. Mr. Patterson verified that the City would be doing all of the inspections on it.
    B151-01 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

B154-01     Amending Fy 2001 Budget for cost of Special Election; transferring funds.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this budget amendment would pay the cost of the November ballot issue. He explained that the costs are pro-rated amongst the public entities that have an item on the ballot. The City's share amounted to $33,600, which was 38% of the total election cost. The recommendation is that the funds be appropriated from the Parks Sales Tax.
    Mr. Loveless asked if it was common within the City that the entity, whether it be a utility or a park, to pay for the cost of the election from their account. Mr. Boeckmann said the actual money collected from the tax will not be used directly to pay for the election, but it will free-up other money that will pay for the election. Ms. Fleming explained that the City Clerk's budget pays for all election costs. She said this transfer would allow the disbursement of general revenue funds to pay for the election.
    B154-01 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

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

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.
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.
B153-01     Amending Chapter 18 of the Code relating to pensions for firefighters.
R87-01       Setting a public hearing: construction of Forum Boulevard from Dunbar Drive to Old Plank Road.
R88-01       Setting a public hearing: improvements at Columbia Regional Airport.
R89-01       Setting a public hearing: construction of sanitary sewers in Sanitary Sewer District No. 141 (Green
                   Valley Drive).
R90-01       Setting a public hearing: improvements to I-70 Drive Southwest from Business Loop 70 to West
                   Boulevard.
R91-01       Setting a public hearing: construction of sanitary improvements - Grindstone Creek Pump Station
                   and Force Main, H-17N and H-21 Relief Extension.
R92-01       Setting a public hearing: development of Dublin Neighborhood Park.
R93-01       Authorizing amendment to FY 2001 HIV contract with State of Missouri.
R94-01       Authorizing agreement with Buck Consultants for review of City medical and dental plans.
R95-01       Authorizing an amendment to the contract with Horizon Research Services to provide an extension
                   for the evaluation of city-funded social services.
R96-01       Authorizing an amendment to the agreement with the Missouri Department of Conservation to add
                   Stephens Lake to the Community Assistance Program.

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

NEW BUSINESS
R97-01     Authorizing construction services agreement with Boone County Regional Sewer District.
    The resolution was read by the Clerk.
    Through this proposal, Mr. Beck explained that the City will inspect nine projects for the Sewer District at a cost not to exceed $153,958 which will be paid by the District over a period of three to four years. He reminded the Council that the budget had been amended in February to allow for the addition of two Engineering Aids. One of those individuals was to work on these projects. He said if this person is not being utilized for the District, he was sure that Mr. Patterson has additional work in his department for them to do.
    The vote on R97-01 was recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Resolution declared adopted, reading as follows:
 

R98-01     Authorizing the public sale of Certificates of Participation for public building expansion.
    The resolution was read by the Clerk.
    Ms. Fleming explained that this will provide financing for the Recreation Center, the new fire station, and some other building expansion needs. She said this authorizes the public sale which will be done for the first time over the Internet. The public sale will occur on May 21, 2001, at 1:00 p.m. Ms. Fleming indicated the numbers would be available for passage at that evening's Council meeting.
    Mr. Janku asked if there was a minimal point where the City could not do this sort of thing. Specifically, he was thinking of future projects in the two to three million dollar range. Ms. Fleming said that would be pushing it, although there are many municipalities that participate in public sales for less than one million dollars. She said there are economies of combining issues and the larger the issue the less the issuance costs. Ms. Fleming explained there are certain fixed costs that must be paid, i.e., attorneys, financial advisors and underwriters. She said that smaller issues do cost more. When a project is under 1.5 million, Ms. Fleming stated that she looks for internal ways to finance it.
    Mr. Janku asked if the City would arbitrage this when it is sold. Ms. Fleming responded that the City cannot legally earn arbitrage and we have to restrict our investment income. She said this bond has been sized in order to meet the two-year spend down requirements. Ms. Fleming reported that any excess interest earnings over the interest costs would have to be returned to the federal government.
    The vote on R98-01 was recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Resolution declared adopted, reading as follows:
 

R99-01     Authorizing CDBG agreements with various community agencies.
    The resolution was read by the Clerk.
    Mr. Beck explained that HUD released CDBG funds for FY 2001 projects. These agreements with the six agencies are as follows: The Enterprise Development Corporation will receive $25,000; Columbia Enterlight Ministries will receive $15,000; Columbia Housing Authority will receive $100,000; Boone County Council on Aging will receive $25,000; Consumer Credit Counseling will receive $5,000; and the North Central Neighborhood Association will receive $15,000.
    Mr. Janku understood that funds are paid as services are performed, and the monies did not automatically get sent to the agency. Mr. Dudark verified these are reimbursements.
    The vote on R99-01 was recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Resolution declared adopted, reading as follows:
 

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

B155-01     Accepting a Missouri Youth/Adult Alliance Alcohol Policy Grant; appropriating funds.
B156-01     Appropriating funds for reimbursement of overtime pay for traffic enforcement.
B157-01     Authorizing agreement with Boone County for public health services.
B158-01     Authorizing agreement with Boone County for animal control services.
B159-01     Amending Chapter 14 of City Code to prohibit parking on south side of Austin Avenue between
                   Grand Avenue and Providence Road.
B160-01     Confirming contract with Emery Sapp and Sons, Inc. for rehabilitation of Runway 2-20 at Columbia
                   Regional Airport.
B161-01     Calling for bids: Phase 2 expansion Columbia Regional Airport.
B162-01     Accepting an Environmental Improvement and Energy Resources Authority Grant; appropriating funds.
B163-01     Accepting easements for sewer, utility and drainage purposes.
B164-01     Approving engineers final report; accepting a deed of dedication; authorizing payment of differential
                   costs for water main serving Valley View Ridge, Plat 1.
B165-01     Approving engineers final report; accepting a deed of dedication; authorizing payment of differential
                   costs for water main serving the Tribune Publishing Company.
B166-01     Authorizing agreements with Ameren Energy Marketing.
B167-01     Accepting easements for electric and water purposes.
B168-01     Approving the "Totally Kids Child Care" O-P Development Plan; granting variances to the Sub-
                   division Regulations.
B169-01     Annexation of land located on the east side of Bearfield Road, south of Nifong Boulevard;
                   establishing permanent O-P zoning.
B170-01     Rezoning property located on the southeast corner of Nifong Boulevard and Bearfield Road from
                   District A-1 to District O-P.
B171-01     Amending Chapter 20 of the City Code pertaining to the Planning and Zoning Commission.
B172-01     Granting a variance to the Subdivision Regulations regarding sidewalk construction along the east
                   side of Old 63.
B173-01     Authorizing an annexation agreement with Mary West Lamar.
B174-01     Approving the execution and delivery of principal amount of Certificates of Participation, Series 2001A.
B175-01     Amending Chapter 11 to allow temporary exemption from the beverage deposit ordinance for annexed
                   properties.
B176-01     Authorizing revised agreements with Centerstate Properties, L.L.C., Boone County and the Missouri
                   Highway and Transportation Commission for the Vandiver Extension Project, Phase 1.
B177-01     Authorizing an annexation agreement with Lake of the Woods South, L.L.C.
B178-01     Appropriation of funds for the Grindstone/Lake of the Woods Sewer Project.
 

REPORTS AND PETITIONS
(A)     Intra-departmental transfer of funds.
    Report accepted.
 

(B)     Residential signs.
    Mr. Beck commented that questions had been raised about the number and the size of signs allowed in a residential area of the City. Staff suggests that the Planning and Zoning Commission review signage requirements for residential areas and report back to the Council with their findings.
    Mr. Janku made the motion that the issue be referred to the Planning and Zoning Commission for their review and report. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
 

(C)     Outdoor lighting.
    Mr. Beck explained that several reports have been sent to the Council relating to lighting, including the report from the Energy and Environment Commission and the Police Department. Per the Council's request, the Planning staff had consolidated this information and suggests three alternatives for consideration.
    Mr. Janku said he initially referred the issue to the Energy and Environment Commission in order to obtain specific information relating to gas station canopies as that seems to be the reoccurring issue. He supported alternative two (develop a regulation only for specific uses) and said the comprehensive approach would be rather daunting. He said if clear standards could be developed, they may not have to worry about open zones. Mr. Janku commented the two specific uses he would like to see reviewed would be for gas station canopies and sports fields.
    Mr. Coffman agreed with Mr. Janku and said he would like to either shoe-box or shield commercial lighting to prevent glare off of the property. He did not want to limit the amount of light needed for safety purposes on a particular property.
    Mr. Beck commented that the next step would be to develop an ordinance to implement the second alternative. He remarked that staff could bring a draft ordinance to the Council. This in turn could be referred to a Commission for a public hearing. It was decided that the Council would see a draft ordinance first and then decide where to send it.
    Mr. Janku suggested that the new Council members be sent a copy of the lighting report that was generated by the Energy and Environment Commission.
    Mr. Janku made a motion that the Council receive a draft ordinance (alternative #2 dealing with gas stations) for their review. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
 

(D)     Report of Cleanup Columbia.
    Mr. Beck noted that 1,150 people of various ages participated in the cleanup day on April 21st with 2,600 hours being contributed. Twelve hundred bags of trash were collected. He said there was also a program initiated in the First Ward, the Worley Street Project, where a lot of work was accomplished.
    Mr. Janku commented that he had presented the awards at the recognition luncheon and thought it had been a very successful event.
    Ms. Crayton spoke about the Worley Street Project. She indicated volunteers mainly worked with people who had received citations for violations. Ms. Crayton indicated they are continuing to look for volunteers and materials to work on the problem areas within her ward.
 

(E)     City Utility Customers List.
    Mr. Beck stated that in the past, the City has not released utility customer account information. He reported on a court case in Springfield, Missouri where public utilities like Columbia have been forced to release the list of utility customers. Mr. Beck stated the City received a request for such a list and he wanted the Council to be aware that it would be released in accordance with the Sunshine Law and the court proceedings.
    Mr. Coffman believed this was a privacy concern that the City should look into. He did not think that most City utility customers would know their address and phone number, which they may choose to keep unlisted, could be available to anyone asking for it. It could also be learned how much a person is paying for utilities and what their usage is. At a minimum, Mr. Coffman thought the public needed to know that this is happening. He suggested that staff explore whether or not it is appropriate for the City to release this information, and perhaps an exception could be made for certain personal information.
    Mr. Janku said it could also be a personal safety matter. He was thinking about protective orders and things of that nature.
    Ms. Crayton asked if anyone could request the information. Mr. Beck said that was what he understood.
    Mr. Coffman made the motion that staff be directed to explore legislative alternatives. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. Hutton suggested urging the citizens of Columbia to contact their legislators to voice their displeasure.
 

BOARDS AND COMMISSIONS
    None.
 

COMMENTS OF COUNCIL, STAFF, AND PUBLIC
    Mr. Janku explained that Mayor Hindman had asked him to request an extension of time for appointing the Beverage Container Deposit Committee. He asked for an extension to the first meeting in June. The Mayor also asked the Council to forward him names of people they would like to see on this committee.
    Mr. Janku made the motion that the Mayor be given an extension to the first meeting in June. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    Mr. Janku commented that the unimproved section of north Garth is in very bad shape. He said it is a high traffic area and a lot of the pavement is breaking down. In particular, there is a significant pothole on the bridge. He thought more than patches would be necessary. Mr. Janku asked the Public Works Department to see what could be done. He included the Blue Ridge area as well.
    Mr. Hutton reported that he had received a letter from a Stephens College class which he will pass on to Mr. Beck. The request related to the City considering the possibility of doing some extended historical marking. He said the students offered to do the research on events and places within Columbia that are of a historic nature, and then the City could commemorate these areas with a marker of some kind. Mr. Hutton thought it was an idea worth looking into.
    Mr. Janku agreed and suggested the Council refer the letter to the Historic Preservation Commission and ask for them to follow-up on the suggestion.
    Mr. Hutton made the motion that the letter be referred to the Historic Preservation Commission for their review and report back to the Council. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. John noted that there will be a public hearing at the next meeting regarding the extension of Forum Boulevard. He said there is a lot of interest in the subject and he wanted residents to be aware of it.
    Mr. John commented that the recent rains have caused underground street light cables to be exposed on Brandon Road. He asked that these be re-buried.
    Mr. Coffman noted a second mass eviction in a mobile home park in the 6th Ward in less than a year. The Cedar Oaks community recently received notice that they will have to move their manufactured homes within 60 days. He said most individuals involved do not have the means to put together the money needed to move their homes. Four of the people had recently moved from the Walnut Woods community when it was closed down. He assumed the justification to close Cedar Oaks was based on the need to resolve the sewer problems in the area. Mr. Coffman spoke about the legislation sponsored by Vicki Riback Wilson (HB 118). He said the bill was modeled after legislation in other municipalities across the country and it had gone through considerable debate. Mr. Coffman explained HB 118 would require a mobile home park owner to give 180 days (6 months) notice when there is going to be a mass eviction if the use of the property is going to be changed. During that period, the landlord cannot increase the rent for any other reason than property taxes. Although, the landlord would still have the right to evict a tenant who violated the terms of their lease, etc. Although this bill passed out of the House Committee, Mr. Coffman thought it was clear that it would not be enacted this year. He spoke of his intentions to introduce an ordinance at the next meeting that would be similar to HB 118.
    Karl Skala, 5201 Gasconade, spoke as an Energy and Environment Commission member regarding the lighting issue. He thanked the Council for considering the lighting report. He offered the Commission's expertise on the issue saying they would be happy to work with the Council and the staff.
    Charlie Atkins, Treasurer of Columbians Against Throwaways, expressed his group's opposition to any waiver of Columbia's deposit ordinance. They thought it was unfair to the retailers who are required to collect the deposits and accept redemptions. He said there are many advantages to being within the City limits of Columbia, and these advantages should stand on their own merits. Mr. Atkins said his group would also like to see the City move ahead with taking over the operation of the deposit ordinance. He noted that his group came up with a proposal that would keep the five cent deposit, but would operate by dividing the revenue.
    Andrew Twaddle, 919 Edgewood, said as the Council proceeds with the legislation allowing temporary exemption from the beverage deposit ordinance for annexed properties, he asked them to consider two points: 1) Whether or not there is a problem of equal protection when some businesses are exempt from the kinds of regulations other businesses have to face; and 2) Look at the question of what kind of precedent the City would be setting and whether it is good public policy to have an ordinance which does not encompass the entire community.
    Win Colwill, spoke on behalf of the League of Women Voters. She stated that the deposit law is too good to throw away. They felt exemptions would be unfair. She urged the Council to reject the idea. Ms. Colwill passed around brochures containing reasons for retaining the deposit ordinance.
    The meeting adjourned at 9:35 p.m.

                                                                                            Respectfully submitted,

                                                                                            Penny St. Romaine
                                                                                            City Clerk