M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
SEPTEMBER 4, 2001
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri, met for a regular meeting at 7:10 p.m., on Tuesday, September 4, 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 August 20, 2001, as well as the minutes of the special meeting of August 27, 2001, were approved unanimously by voice vote on a motion made by Mr. Hutton and a second by Mr. Loveless.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mayor Hindman noted that Report G was being added under Reports and Petitions.
    Upon his request, Mr. Hutton made the motion that Mr. John be allowed to abstain from voting on any issue relating to Report F. The motion was seconded by Mayor Hindman 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 Ms Crayton.
 

SPECIAL ITEMS
    None.
 

SCHEDULED PUBLIC COMMENTS
    None.
 

PUBLIC HEARINGS
B260-01     Amending Chapter 14 of the City Code relating to parking rates and hours.
    The bill was read by the Clerk.
    Mr. Beck explained that after the first public hearing on this issue, the Council requested alternatives for funding the parking utility other than an extension in the hours of enforcement.
    Mr. Patterson summarized what had been discussed at the last meeting in regards to the original proposal. After considerable concern was expressed about extended parking enforcement hours, he said staff reviewed options and came up with some alternatives for Council consideration. He explained the primary differences in the new proposal includes an increase in monthly permit rates for surface lots from $25 to $35, an increase in the rate for uncovered and covered spaces to be $45 and $55 per month respectively, and that reserved spaces be increased to $95 per month. Furthermore, Mr. Patterson indicated staff also recommends the installation of 90 new on-street parking meters. He noted that the new meters will not begin providing revenue until 2003 because revenues collected in the first two years would pay for the cost of installation. Mr. Patterson reported the estimated additional revenue with the new proposal to be $281,661 per year (versus $289,918 with the original option) for the first two years, and then there would be an increase to $317,451.
    Mr. Patterson noted the areas being considered for additional meters are generally located in four sections: between Broadway and Ash Street on the west side of Providence; in the area of Tenth Street to Rogers Street and along Park; in the east campus area to include College Avenue between University and Broadway; and then some areas in the southwest portion of the campus. If Council directs staff to proceed with this alternative, Mr. Patterson said they would bring back a report to include specific locations and recommendations for the hourly time limit. He believed most meters would be in the four-hour and ten-hour range.
    Mr. Patterson indicated staff believes the alternatives being proposed this evening are financially sound, will provide the City with the required debt coverage, and will lend itself to long-term growth of the parking utility.
    Mr. Janku asked about the campus area. Mr. Patterson responded meters installed in this area would be at the $.50 per hour rate. The areas outside that would be at the $.30 rate. He defined the campus area as being bound on the north by Locust Street, on the east by College, on the west by Providence, and on the south by Stadium. In the future, Mr. Patterson said any meters identified within the campus area will be subject to the rate established by ordinance.
    Mr. John asked how much of the revenue proposed to be generated would come from the campus area. Mr. Patterson estimated that figure to be $71,000. Mr. John questioned whether that was based on the current number of meters or with the expanded number. Mr. Patterson indicated that figure did not include the new meters. He stated of the 90 new meters, 52 will be located within the campus area and 38 will be outside of it.
    Mayor Hindman opened the public hearing.
    Henry Lane, 1816 E. Broadway, referred to the summary of the fund balances at the end of the year. He noted approximately $8 million in the parking utility. Mr. Lane suggested that the $300,000 shortfall be taken out of the fund balance instead of raising rates. He also suggested selling the two garages that are not generating as much revenue.
    Ms. Fleming explained the fund balance includes the value of the City's fixed assets. She said it is not all cash in the bank. In addition, the City is required by bond covenants to have a certain amount of reserves in the bank. Ms. Fleming believed the fund balance to be fiscally sound.
    Katherine Miranti, business address of 1015 E. Broadway, is the owner of Whole Being, a massage therapy business. She stated that she often schedules new clients in the evenings because of state requirements to provide intake evaluation and assessment. She noted those sessions go longer than two hours. Ms. Miranti reported that many of her clients have expressed concern about having to park in the garages at night because of safety reasons or due to limited mobility. She supported the alternative not to extend the hours of parking meter enforcement. She also suggested installing four-hour meters in the vicinity of the Stephens College area.
    Mayor Hindman continued the public hearing to the next meeting.
 

B262-01     Adopting the FY 2002 Budget.
    The bill was read by the Clerk.
    Mr. Beck explained the estimated amount of CDBG entitlement money to be $1,080,000, and Social Service funding was programmed at $775,500. He noted the County allocated $120,000 in Social Service funding, so the Community Services Advisory Commission had a total of $895,500 to work with.
    Mayor Hindman reopened the public hearing.
    Sharon Feltman, Vice-chair of the Community Development Block Grant Commission, noted that they received proposals totaling $2,072,695.00, twice the amount of actual funding available. Two public hearings were held and the following criteria was used to determine recommendations: organizational capacity, history of CDBG funding, general community need, organizational eligibility, duplication of services, scope of project benefit to the community, and the Council mandate for the distribution of funds. Ms. Feltman remarked that the Commission received 23 proposals, which included City projects, to consider.
    Mr. Janku asked whether specific sidewalks in the First Ward had been designated as being eligible for funding. Ms. Feltman explained that the Commissioners had inquired as to specificity as well, and they were told it would be in the general area of the First Ward.
    Mayor Hindman expressed the Council's appreciation for all of the work that the Commission did in evaluating the proposals.
    Mr. Janku asked when the construction on Donnelly Avenue could begin -- assuming the money is appropriated as set forth in the City Manager's recommendation. Mr. Dudark said it is usually April before funds are released. Mr. Janku wondered if that would trigger the engineering work and right-of-way acquisition. Mr. Patterson replied that engineering for the project would have to be contracted out due to the level of work his department currently has in-house, unless some of these projects are delayed. He guessed it would probably be 2003 before construction could begin if the Council does not move this project to the top of the list. Mr. Janku was concerned about the amount of funds sitting idle for a year which could be used for other things.
    Mr. Beck asked about the proposed spend-down time for Donnelly Avenue. Mr. Dudark replied that it was being recommended as the priority street project for next year, but because of the design, it would not be built until 2003. Mr. Beck questioned when the money would actually be spent-down/contracted for Donnelly Avenue. Mr. Dudark explained engineering funds would be spent in 2002, and construction would begin in 2003.
    Mr. Janku suggested moving up the engineering process so that when funds become available for construction, the design work is already done. Under that scenario, funds could be spent immediately rather than waiting for the design work to be completed. Mr. Janku acknowledged the risk in that there may be cutbacks in the amount of CDBG funds the City receives. Mr. Dudark pointed out that the City is in good shape with our spend-down.
    Mr. Hutton asked if he understood that the City Manager was not recommending CDBG funds be expended for improvements to Fire Station No. 5 because another source of revenue was found for the project. Mr. Beck said that was correct, monies for the project would come out of the general fund.
    Kathleen Cain, Chair of the Community Services Advisory Commission, reported the Commission has contact with many of the requesting agencies throughout the year. Ms. Cain noted they received approximately 50 proposals this year. After conducting public hearings for all those applying for funding, the group held work sessions to come up with recommendations. She stated the Commission held hearings for appeals as well. Based on the appeals, the group altered their recommendation slightly. Ms. Cain distributed a summary sheet depicting a 2% increase in the overall funding for social services, as well as a recommendation by the Commission on which agencies should receive an additional 1% increase in funding (totaled about $7,600). She asked the Council to consider the increase. Ms. Cain thanked the Commission members as well as Mr. Steinhaus for their work.
    Mayor Hindman also thanked the Commission for all of their hard work and indicated the Council was considering the increase.
    Vivian Nemow, spoke on behalf of the Show-Me Central Habitat for Humanity and their request for CDBG funding. She thanked the Council for their past support. She reported Habitat had built 43 homes in Columbia, and 60% are owned by minority families and 40% are located within the inner city. Ms. Nemow indicated Habitat's funding request this year is to purchase more lots in the inner city for renovation and rehabilitation.
    Mayor Hindman spoke of the Council's appreciation of Habitat's work in the community.
    Henry Lane, 1816 E. Broadway, suggested instead of raising service rates, the City should consider cutting expenses. He believed the City should be run as a business.
    Mayor Hindman continued the public hearing to the next meeting.
 

B278-01     Adopting the Special Business District 2002 Budget.
    The bill was read by the Clerk.
    Mayor Hindman noted that this report was discussed at the last meeting.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman continued the public hearing to the next meeting.
 

B271-01     Rezoning five tracts of land located on the northeast corner of Rangeline Street and Brown School
                   Road.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this tract is located in north central Columbia and is presently zoned as a commercial controlled industrial district.
    Mr. Dudark summarized the rezoning request for the seven tracts as follows: Tract A, consisting of 17 acres, from M-C and C-1 to PUD-10; Tract B, 14.6 acres, from M-C and C-1 to R-2; Tract C, 3 acres, from O-1 to R-1; Tract D, 12.9 acres, from M-C and O-1 to PUD-10; Tract E, 11.6 acres, from M-C to PUD-8; Tract F, 51.4 acres, from M-C to R-1; and, Tract G, 64.7 acres, from M-C to C-P. Mr. Dudark explained the Planning and Zoning Commission recommended approval of the mixed use zoning plan subject to some conditions. The first condition is that the C-P uses for Tract G would prohibit the development of drive-in theaters, gun clubs, outdoor stage concert facilities, temporary shelters and travel trailer parks. The second condition is that all PUD uses (associated with Tracts A, D and E) be those described in the statement of intent. The third condition is that a traffic study be provided at the time the C-P tract site plan is submitted for Tract G. The fourth condition, based on the traffic study, is that the developer enter into an agreement with the City and MoDOT to provide for some phased traffic improvements for the major streets, i.e., 763 and Brown School Road. The final condition stipulated that a storm water management plan, which may include on-site detention, be a part of the development. Mr. Dudark noted that the recommendations are included in the ordinance and the developer is not opposed to the conditions.
    Mr. Janku inquired about parkland in this area. Mr. Dudark was not certain whether the developer or the Parks and Recreation Department have had any conversations in regards to such.
    Mr. Loveless asked about a reference in the staff report to the level of service being rated as a "C" and "D". Mr. Dudark explained the ultimate/best level of service would have an "A" rating, an absolute disaster is rated "F".
    Mayor Hindman opened the public hearing.
    Jay Gebhardt, an engineer with A Civil Group, explained that his client is Rob Wolverton. He displayed a diagram of the area and the proposed zoning for each tract. He showed the location of the proposed Brown School Road that would connect to Highway 63, which is shown on the Transportation Plan as the northern loop. He also pointed out where Derby Ridge Road is shown as a collector street and extends to the north through Tract A. Mr. Gebhardt explained the rationale for the different zoning requests.
    Rob Wolverton, 2106 Clemens Drive, explained that his residence is in Arcadia Subdivision which borders this property on the southeast corner. He noted that he is currently a member of the company developing Arcadia Subdivision as well as The Park at Arcadia Subdivision. He said it is their intent to continue the Arcadia-style of subdivision in this area. Mr. Wolverton reported the requested zonings in this proposal mirror that which exists on adjacent tracts. He indicated that he met with staff from the Parks and Recreation Department last week and they located a couple of areas that might be suitable for a City park. Mr. Wolverton remarked that specifics were not mentioned at the time, but a range of five to fifteen acres was given. He identified the possible locations for a park to be in Tract C, or somewhere within the 20-30 acres of green space that borders the Cow Branch Creek.
    Mayor Hindman closed the public hearing.
    Mr. Janku commented the developer has done a very nice job with the surrounding subdivisions, and to the extent that this proposal would mirror that quality, he felt it would be a positive residential development for the area. He was pleased the developer is amenable to working with the traffic conditions. Mr. Janku expressed hope that some parkland could be identified in the general area.
    B271-01 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:
 

B272-01     Amending Chapter 29 of the Code to allow automobile repair facilities in the M-C District.
    The bill was given second reading by the Clerk.
    Mr. Beck noted the Planning and Zoning Commission recommended approval of the request. He said the ordinance stipulates that all repairs must take place within an enclosed building and that vehicles awaiting repair should be screened from view.
    Mayor Hindman opened the public hearing.
    Craig VanMatre, an attorney with offices at 1103 E. Broadway, spoke on behalf of the applicants who have asked for the change in order to permit the relocation of the Perry Legend Collision Repair Center on Providence Road to a building in the LeMone Industrial Park. He reported that he discussed with Mr. Janku the concern he had about repaired vehicles being parked on adjacent streets. Mr. VanMatre agreed to an addition to the proposed language that would prohibit the automobile repair facility from doing such as long as it did not imply that vehicles must be enclosed at all times.
    Mayor Hindman closed the public hearing.
    Mr. Janku made the motion that B272-01 be amended to read: "Automobile repair facilities, provided that all repair shall take place within an enclosed building; and, provided that all customer vehicles shall be screened in accordance with paragraph (e)(2)(c) of this section." The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    B272-01, as amended, was 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)     Voluntary annexation of property located on the southeast corner of Rangeline Street and Brown School
          Road, extended.
    Item A was read by the Clerk.
    Mr. Beck reported that annexation of this 4.55 acre tract would allow for connection to the City's sewer system. The proposed zoning is C-3.
    Mr. Janku spoke about previous discussions relating to access management for Route 763 and Brown School Road. He spoke about the potential development of this particular tract, and he wondered what access questions might arise. Mr. Dudark responded there is a zoning case pending before the Planning and Zoning Commission. He said MoDOT has informed the property owners that they will be limited to one driveway at the south end of the property, which he thought would likely be a right in/right out driveway.
    Mayor Hindman opened the public hearing.
    William Woodward, 200A Unity Drive, spoke of his concern about the intersection. He suggested a roundabout at 763 and Brown School Road.
    Mayor Hindman closed the public hearing and noted that no action was required at this point.
 

(B)     Voluntary annexation of property consisting of I-70 right of way.
    Item B was read by the Clerk.
    Mr. Beck noted that this area consists of approximately 30.7 acres in the Lake of the Woods area. Annexation of this tract would allow for the voluntary annexation of other properties in the area.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing and noted that no action was required at this time.
 

OLD BUSINESS
PR171-01     Establishing a policy on requests for variances to subdivision regulation requirements for
                     construction of sidewalks along unimproved streets.
    The policy resolution was read by the Clerk.
    Mayor Hindman believed that passage of this bill would be a self-fulfilling prophecy guaranteeing that sidewalks would not be constructed.
    Mr. Boeckmann reported that when considering a sidewalk variance as it applies to this policy resolution, the Council will have to determine what a piece of property will be used for. He explained that the Constitutional standard is that the City cannot make someone do something because we want to, there has to be a rational relationship between what they are doing and what we are trying to impose on them.
    Mayor Hindman stated in the case where someone is developing a business property, and presumably other properties will develop for the same purpose as well, the City would be trying to provide safe pedestrian circulation. Mr. Boeckmann agreed there is a lot of business property that justifies requiring a sidewalk. He mentioned the variance request from the Waffle House that the Council defeated a couple of months ago. Part of the Council's argument for denying that request related to the fact that not all Waffle House customers will drive there -- some will walk. Mr. Boeckmann pointed out there is a lot of foot traffic through this area and it is reasonable for the Council to think that some of that foot traffic will stop for a waffle. In reference to exactions, he explained that when the government is trying to make a developer agree to build something or dedicate something in order to obtain a building permit or approval of a subdivision plat, the courts have said there has to be a rational relationship between what the use of the property is and what the exaction of the government is.
    Within the zoning class, Mr. John noted that applicants do not have to specify whether a piece of property will be used to sell farm implement machinery or waffles. He said in the Waffle House situation, the topography nor did the road lend itself amenable to allow for the construction of a sidewalk. Furthermore, the City did not have an immediate plan for building a sidewalk in this location either. Mr. John commented that in recent variance requests approved by the Council, the applicant had been required to pay the cost for construction of a sidewalk by the City at a future date. Those funds were placed in the general fund. However, the law says those funds have to be applied within a reasonable amount of time to that property. Mr. John believed that to be the issue, not how the property is going to be developed. He reiterated that if a tract is zoned commercial, the City will not know how it will be developed -- unless it is a planned commercial zone. Mr. John reported when the City is at the point of improving a street that can accommodate a sidewalk and it benefits the adjacent property, that is the time to have it built and tax billed. Granting a variance allows property owners to get away with not having to build a sidewalk later. He thought the City is jumping ahead without anywhere to go.
    Mr. Janku agreed the City has been successful at tax billing commercial property, i.e., Broadway Marketplace. The problem is the residential properties located along collector streets that do not have sidewalks. He said it is relatively difficult (politically and maybe legally) to tax bill someone a large amount of money for a street that backs up to their house.
    Mr. John commented that it could be said that this ordinance has created an extra set of sidewalks and streets and is causing an extra set of costs. Mr. Janku agreed. Mr. John commented the Council keeps trying to arrive at a solution, and he feels that 90% of it has been figured out. He agreed the City would have a hard time justifying a tax bill to a property owner for a sidewalk that backs up to their property that they never use. Mr. Janku inquired as to whether Mr. John believed the general public should pay for the sidewalk or have the developer pay for it. Mr. John spoke about the possibilities of other mechanisms -- one of which could be a fee assessed upon each subdivision lot.
    Mayor Hindman was concerned about commercial development along unimproved streets. He spoke of the tendency for these businesses to be located great distances from each other. As more commercial businesses develop along unimproved roads, the bigger the problem becomes.
    Mr. John said unless the City is ready to build a sidewalk, we should not be holding someone else's money.
    Mr. Janku spoke about the language in Section 3 (a-h) and Section 4 as it pertains to an immediate or near future need. He was also concerned about the wording in B274-01 where it mentions the density of current and future development. He suggested the language be amended to read, "the existing or future density", or "the density of future or existing development in the immediate area." Mr. Janku believed there should be consistency in the language.
    Mr. Janku made the motion that PR171-01 be amended to include the words, "or near future" after the word "existing" in Section 3c. The motion was seconded by Mr. Coffman.
    Mayor Hindman thought this legislation would encourage development away from the center of the City.
    Mr. Beck wondered how long a sidewalk could be wavered. He asked whether the City would have the authority to tax bill as the area is developed. Mr. Boeckmann explained that this policy resolution offers a mechanism for a waiver from the subdivision ordinance requirement. He thought if the Council wanted to construct a sidewalk at some future date and tax bill it, he would argue that granting a waiver from the subdivision ordinance was not a legislative determination that for all time there shall never be a sidewalk there. Mr. Beck believed the language in the policy resolution should stipulate the sidewalk would not be permanently wavered.
    Mr. Hutton inquired as to the current practice of how a sidewalk is paid for when an unimproved street is reconstructed to accommodate such. Mr. Patterson explained that past policy has been to build a sidewalk on one side of the street in order to maintain sidewalk continuity. In that case, staff determines which is the more appropriate side to put it on, and it is expected a sidewalk on the other side will be built when development occurs. Currently, the sidewalk is paid for as part of the street project cost. Mr. Hutton observed we are not doing it any different than what has been done in the past.
    Mr. Boeckmann noted there are at least three ways of paying for sidewalks: one is through tax billing where the property in question has to have a special benefit beyond what the public has; the second is by exaction -- someone requests a building permit and the City requires that a sidewalk must be constructed in order to obtain such (in that case there has to be a reasonable relationship between what the person is going to do and what the exaction is); and the third way is by taxation. He commented that none of these methods are perfect or fair to everyone, but the City has to abide by what the courts say is the law.
    Mr. Coffman asked about adding another section to clarify that when the Council grants a variance, it does not signify a sidewalk could never be required.
    Mr. Boeckmann suggested tabling PR171-01 to give him the opportunity to come up with the desired language in the waiver. He said staff could review the issues discussed.
    Mayor Hindman made the motion to table PR171-01 to September 17, 2001. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

B263-01     Authorizing a real estate contract with Bruce and Mary Florea; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Patterson explained that negotiation for this property started when the City began construction of Wetland Unit No. 4, which is adjacent to the residence of Mr. and Mrs. Bruce Florea. At that time, there was some discussion about the negative impact Mr. Florea believed the project would have on his residential property. He noted the City looked at the property as a possible buffer against future development. Mr. Patterson explained both parties came to an agreement that was mutually acceptable involving the purchase of the residence and 19.5 acres of land. He reported that Mr. Florea and his wife will have life estate to the property, the City will be provided with permanent right of access to the property in addition to joint maintenance responsibility for the lake, and the Florea heirs will have permanent easement rights to the estate as long as the property remains agricultural in use. In addition, the existing residence could potentially be used at a future date by a caretaker of the wetlands, and maintenance equipment for such could be stored on the property.
    B263-01 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:
 

B265-01     Authorizing acquisition of easements necessary for construction of the Bicknell-Walnut Drainage
                   Project.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this would authorize the acquisition of property rights necessary to construct the Bicknell-Walnut drainage project. He noted an amendment sheet that had been prepared.
    Mr. Hutton made the motion that B265-01 be amended per the amendment sheet. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    B265-01, as amended, 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:
 

B268-01     Voluntary annexation of property located on the south side of Riviera Drive, approximately 200 feet
                   west of Langham Drive.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this request from the Friendship Baptist Church is for annexation of a 3.5 acre tract to allow for connection to city sewer. He said the applicant will probably be requesting R-1 zoning.
    B268-01 was given third reading with the vote recorded as follows: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B269-01     Approving the Replat of Lot 14 of Woodrail Subdivision, Plat No. 3; authorizing a performance
                   contract.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this replat would create three R-1 lots.
    B269-01 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:
 

B273-01     Amending Ordinance No. 016872 which granted a variance from the Subdivision Regulations for
                   sidewalk construction along the south side of I-70 Drive Southeast.
    The bill was given second reading by the Clerk.
    Because of the earlier conversation regarding sidewalks, there was discussion as to whether or not this item should be tabled.
    Mayor Hindman made the motion that B273-01 be tabled to the September 17, 2001, meeting. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

B274-01     Amending Chapter 24 of the Code to require sidewalks along arterial and collector streets for new
                   construction in certain situations.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this amendment would require sidewalks to be built in conjunction with building permits in existing subdivisions and along arterial and collector streets for commercial, office and multi-family developments.
    Mr. John commented that this requirement would be tied to the building permit rather than the subdivision -- if it has already been subdivided but nothing has been built on it.
    Mr. Janku pointed out that the ordinance provides that the Council may waive the sidewalk requirement if they determine that it is not needed or that the impact of the proposed development does not justify the requirement.
    B274-01 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:
 

B276-01     Approving Change Order No. 1 for construction of the Community Recreation Center.
    The bill was given second reading by the Clerk.
    Mr. Beck noted the cost of the change order to be an increase of $103,179.78. He pointed out that it would extend the completion date by 14 days. These changes represent eight individual items, most of which were necessitated due to modifications and clarifications from the bid document to the final construction document.
    B276-01 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:
 

B277-01     Authorizing the City Manager to accept the "Peacekeeper" armored vehicle; appropriating funds.
    The bill was given second reading by the Clerk.
    Chief Boehm explained that this is a military surplus armored vehicle and his department was able to obtain it from the federal government free of charge. He noted that it was also brought to Columbia without cost to the City courtesy of the Missouri National Guard. He remarked that if the City had been able to purchase such a vehicle, it would cost over $150,000. Chief Boehm explained that this bill would authorize the acceptance of the gift and also authorize spending approximately $20,000 of federal forfeiture money to bring the vehicle up to excellent working condition. His hope is that the vehicle will not have to be used too often, but it would be extremely valuable in potentially dangerous situations.
    B277-01 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.

B264-01     Authorizing acquisition of easements necessary for construction of the Third Avenue Improvement
                   Project.
B266-01     Appropriating FAA grant funds for the expansion of the Air Carrier/Air Cargo Apron Phase II and
                   Taxiway Connector Project.
B267-01     Appropriating FAA grant funds for reimbursement of land acquisition costs at Columbia Regional
                   Airport.
B270-01     Approving the Replat of Lot 9 of Sedona Villas, Plat 1.
B275-01     Amending Chapter 2 of the Code to reestablish a procedure to disclose potential conflicts of interest.
R173-01     Setting a public hearing: street construction on Blue Ridge Road from State Route 763 to Garth
                   Avenue.
R174-01     Setting a public hearing: water main construction serving Quail Creek, Plat 2.
R175-01     Transferring funds from the Convention and Visitors Bureau Tourism Fund to the Heritage Festival
                   Fund.
R176-01     Authorizing a grant agreement with the Missouri Division of Tourism for the Katy Central Marketing
                   Campaign.

    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
R177-01     Authorizing application for FY 2002 FHWA and FTA planning grants.
    The resolution was read by the Clerk.
    Mr. Beck said this grant application amounts to approximately $144,000 and will be administered by the Planning and Development Department.
    The vote on R177-01 was recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R178-01     Authorizing a grant application to the Missouri Housing Development Commission for an emergency
                   housing repair program.
    The resolution was read by the Clerk.
    Mr. Beck noted that this grant application of $75,000 requires a local match, which will come out of CDBG funds.
    Mr. Dudark commented this funding will assist low income homeowners who are out of options in regards to correcting housing related problems.
    Mr. Hutton asked if the City's CDBG match represents funding that would have been used for housing anyway. Mr. Dudark replied affirmatively.
    Ms. Crayton asked about the grant funds drawing interest. Mr. Janku explained that the City re-programs these funds when loans are paid off. When grants are given, there is nothing to pay back. Mr. Dudark indicated that staff believes the $75,000 would be a grant as opposed to funding that would be loaned to qualified individuals.
    The vote on R178-01 was recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R179-01     Authorizing agreements with the Omaha Public Power District.
    The resolution was read by the Clerk.
    Mr. Malon commented that the City has entered into a number of these types of agreements with other entities in the Midwest. In regards to this agreement, Omaha Public Power District is a large public utility which happens to be one transmission jump away from us. This agreement is strictly limited to economy-type opportunity purchases and possibly sales. Mr. Malon remarked this would not make any commitments on the part of the City of Columbia to buy anything or sell anything, but would enable the provision of the tariffs so we could purchase or sell.
    Mr. Loveless noted that the agreement mentions sales from Columbia's generation. He summarized that it states the Omaha Power District will retain a certain percentage of the net benefit selling Columbia's power to someone else. Mr. Loveless asked how much that was. Mr. Malon indicated the current proposal is that the net benefit would be 30% for Omaha and 70% for Columbia. This is defined as a third party transaction where if another city needed peaking capacity and we had some available, Omaha could have them re-market it for us. He said we would only do it if they could make a profit doing it and then the profit would be split.
    The vote on R179-01 was recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R180-01     Authorizing a grant application to the Missouri Department of Natural Resources for the acquisition
                   and installation of roller hockey boards for the roller hockey rink in Cosmo Park.
    The resolution was read by the Clerk.
    Mr. Hood explained that the grant would be used for the purchase and installation of side boards for the roller hockey rink adjacent to the skate park at Cosmo Park. The acquisition and installation of the boards was requested by the users of the facility. He said it would allow them to complete the second phase of development of such.
    Mr. Hood reported it was staff's understanding that not only would this grant application go to the Landmark Local Parks Program, but the Department of Natural Resources would also consider it as an application for Federal Land and Water Conservation Fund monies. He noted this is important because last Friday staff learned that Governor Holden had withheld most of the funding for the Local Landmark Program. Mr. Hood commented that federal money is still available and it is their understanding there will still be a grant competition. The total estimated cost of the project is $36,000, but the grant requires a 50/50 match, so staff is applying for $18,000. He indicated that if the project is approved, matching monies will come from the annual park improvement fund.
    The vote on R180-01 was recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R181-01     Declaring official intent to reimburse certain project costs with proceeds of bonds.
    The resolution was read by the Clerk.
    Mr. Beck explained that the City is required, under tax regulations, to adopt a resolution of intent when the City proposes to make expenditures that would later be reimbursed from tax exempt bonds. He said this applies in the areas of solid waste, sanitary sewer, water and light, as well as special obligation and revenue bonds.
    The vote on R181-01 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:

B280-01     Adopting the FY 2002 Classification and Pay Plan.
B281-01     Amending Chapter 19 of the code relating to personnel policies, procedures, rules and regulations.
B282-01     Establishing new group insurance premiums for the employee health and dental care plan.
B283-01     Repealing Ordinance No. 016593; establishing Parks and Recreation fees.
B284-01     Amending Chapter 11 of the Code as it relates to public health services fees.
B285-01     Amending Chapter 22 of the Code relating to solid waste residential rates.
B286-01     Amending Chapter 27 of the Code as it relates to fees for water connection and temporary removal
                   and reinstallation of electric service.
B287-01     Amending Chapter 27 of the Code relating to water service rates.
B288-01     Amending Chapter 13 of the Code to add a new article on temporary business licenses.
B289-01     Rezoning property located on the north side of West Broadway, west side of Strawn Road from A-1
                   to O-P.
B290-01     Rezoning property located on the north side of West Broadway, west side of Strawn Road from A-1
                   to PUD-5.
B291-01     Rezoning property located at 1504 Wilson Avenue from R-3 to R-1.
B292-01     Approving the final plat of Jefferson Commons, Plat 1; granting variances from the Subdivision
                   Regulations regarding sidewalk and right-of-way; authorizing a performance contract.
B293-01     Approving the replat of Lot 162 of Heritage Estates, Plat 1.
B294-01     Approving the final plat of Village Square, Plat 1-B; a replat of Lots 103 - 110 of Village Square,
                   Plat 1.
B295-01     Approving the engineer's final report; accepting a deed of dedication; authorizing payment of
                   differential costs for water main serving Seven Oaks, Plat 2.
B296-01     Authorizing construction of water main serving Quail Creek, Plat 2; authorizing differential costs.
B297-01     Accepting easements for water utility purposes.
B298-01     Amending Chapter 14 of the Code to set the speed limit on Route KK from Old Mill Creek Road to
                   State Route K at 50 mph.
B299-01     Amending Chapter 14 of the Code to prohibit parking along sections of North Brown Station Road,
                   Brown Station Road and East Brown Station Road.
B300-01     Approving the engineer's final report for the Bear Creek Trail Phase I Bridge Project.
B301-01     Approving Change Order No. 1 to the contract with Emery Sapp and Sons for construction of the
                   Sunflower Street Improvement Project.
B302-01     Confirming the contract of J.C. Industries, Inc. for the downtown Sidewalk Improvement Project.
B303-01     Authorizing application and execution of FTA grant documents for FY 2002.
B304-01     Calling for bids for the Park Hill Addition Drainage Improvement Project; appropriating funds.
B305-01     Accepting certain streets for public use and maintenance.
B306-01     Approving the engineer's final report for the Route AC Sanitary Sewer Relocation Project.
B307-01     Levying special tax assessment on property located at Lot 4 of Lamplight Square Subdivision for
                   abatement of a weed nuisance.
B308-01     Authorizing an agreement with the Missouri Department of Health for the Immunization Action Plan;
                   appropriating funds.
 

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

(B)     Street closure requests.
    Mr. Janku made the motion that the closings be approved as requested. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
 

(C)     606 West Worley.
    Mr. Dudark explained that this is the former HUD property that was turned over to the City after HUD was unable to sell the home. He stated a request for proposals was sent to all not-for-profit organizations who have an interest in rehabilitating and selling these types of property. He stated proposals were received from Central Missouri Counties Human Development Corporation and EnterLight Ministries. Mr. Dudark reported it is staff's belief that EnterLight is in a position to move ahead rather quickly on the project and will be able to complete the project in about 45 days. He indicated staff needs Council authorization to bring back an agreement at the next meeting with EnterLight Ministries.
    Mr. Janku questioned once the property is renovated, whether there was a requirement for single family home ownership. Mr. Dudark responded the home will have to be occupied by a low to moderate income family. Mr. Janku asked how long that requirement would be in effect. Mr. Dudark said typically it is five years.
    Mayor Hindman made the motion that staff be directed to proceed with an agreement with EnterLight Ministries. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

(D)     Fire Station No. 6 flag.
    Mr. Loveless thanked the staff for the report.
 

(E)     FEMA Grant approval received.
    Mr. Beck explained that the Fire Department received this grant money to purchase personal protective equipment. He noted the local match of $6,413 was budgeted and previously approved by the Council.
 

(F)     Vandiver extension and interchange.
    Mr. Beck reported that he had discussed this issue in detail at the pre-Council meeting. He noted that bids for this road project had come in substantially over the estimate. The determination was made by MoDOT that the low bid should be accepted. It was decided that the developer/land owner would deposit the additional funds so the project could move forward. Mr. Beck indicated the Council needs to pass a motion directing him to send a letter to MoDOT stating the City's desire to proceed with the project.
    Mr. Janku made the motion that the City Manager be authorized to inform MoDOT of the City's desire to proceed with the project. The motion was seconded by Mr. Hutton and approved by voice vote.
    Mr. Beck commented that he spoke to the developer and MoDOT about the potential for a transportation development district. He wanted the Council to review the possibility, not just for this site, but an overall policy of how the City would deal with those being utilized by some cities and developers in the state.
 

(G)     Health Facility.
    Mr. Beck reported that he sent a letter to the County Commission as a follow-up to the Council's work session as to how the City and County might proceed with joint use and ownership of the Nowell's property under a condominium approach. He said the Commission supported the condominium option. Mr. Beck explained he needed direction from the Council on how to proceed because it would involve staff resources and the Planning and Zoning Commission. He noted that staff developed an RFP to call for an architect.
    Mr. Loveless made the motion that staff be directed to proceed. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
 

BOARDS AND COMMISSIONS
    None.
 

COMMENTS OF COUNCIL, STAFF, AND PUBLIC
    Regarding the earlier discussion about parking rates, Mr. John commented that he was still concerned about the $.50 rate on campus. He felt that would encourage students to park in front of downtown shops at $.35 meters. Mr. John suggested the rates be the same or lowered within $.05 of the other downtown meters to discourage students who are attending classes from parking in front of downtown retail stores. He noted that would be a reduction of about $48,000 out of the estimated $71,000 in revenue. Mr. John stated this could be made up by raising the rates in the parking garages from $.50 an hour to $.50 for 50 minutes. He wanted staff to review both options to see how they balance.
    Mr. Hutton asked whether the campus meters are two or four hour meters. Mr. Patterson responded that most of the meters in the campus area are four and five hour meters, whereas the downtown meters are two hours. Mr. John said that was a good point. Mr. Patterson stated he would come back with a report.
    Mr. Coffman reported on the East Campus situation in regards to the beginning of the school year. He has received numerous calls about an increase in underage drinking and out-of-control parties which seemed to be intensifying in the area. The residents have said they are very thankful for the efforts of the Police Department in helping to alleviate the problem, but think more resources should be spent on the weekends when problems really transpire. He noted the University is also focusing on enforcement. Mr. Coffman said there is a growing consensus that the problem is caused in part by the dry campus policy. He asked about the status of a report that he requested in regards to increasing fines for peace disturbance and other related offenses. Mr. Boeckmann believed he had something prepared that he could forward to the Council.
    Mr. Coffman reported that SMSU residents initiated some projects that the East Campus Neighborhood has been looking at. One was a residential parking permit program. He said they also worked out a relationship with the University Police. Residents in that community believe both projects have reduced the trash, peace disturbance and other related problems. He thought a report was coming back regarding a parking permit program here. Mr. Coffman believed that staff was going to take the survey information given to them by the East Campus group and come back with a proposed program. If that was not the case, he would propose the initiation of a permit program so the Council can start discussing the feasibility of instituting one in the East Campus area. Mr. John recalled that Mr. Coffman wanted the Council to wait until this neighborhood came back with some definitive answers, which he believed had not occurred as of yet. Mr. Coffman wondered about the possibility of the City formally approaching the University Police to inquire as to whether we could better coordinate with them to address the problems that occur on weekends and late night hours in the East Campus area. Mr. Beck indicated he could ask Chief Boehm to look into it.
    Chief Boehm commented that the City has a very good working relationship with the University Police Department. He noted the MUPD had participated in a couple of missions with his department in the East Campus area. He stated City staff could approach them about some additional help. Chief Boehm spoke about a specific assignment last weekend that focused both on the downtown and campus area. Another mission is planned for this weekend and it would be heavily concentrated in the East Campus area.
    Mr. Janku asked that staff check into the City's eligibility for the 2002 Neighborhood Preservation Acts Tax Credit Program.
    Mr. Janku noted that the Council had received a report from Public Works about the Seventh Street sidewalk situation. He summarized staff's recommendation that the ADA issue be deferred for the time being. Mr. Janku supported this assessment, but asked that a copy of the report be sent to the Disabilities Commission.
    Mr. Janku commented about a staff report relating to the City initiating prosecution against the owner of the home located at 507 Banks. He believed that when this process begins, the Council could order that the windows be boarded up to alleviate the possibility of the structure being used for criminal activity. Mr. Janku wanted to make sure this was being pursued.
    Mr. Janku made the motion that staff be directed to report on two projects that may be eligible for the 1% for the Art Program; the water storage facility on Nifong and the new building being constructed at the landfill. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
    Mayor Hindman reported that he received more comments from people complaining about the lack of a four-way stop at the Fifth Street and Walnut intersection. He noted that most intersections in this vicinity are four-way stops.
    Mayor Hindman spoke of his interest in the possibility of a trail on the Hinkson Creek Outfall Sewer right-of-way. He realized that the City purchased the right-of-way without making any attempt to acquire trail easements, but he wondered if there was any way to so at this point.
    Mayor Hindman made the motion that staff be directed to look into the possibility of trail easements. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    The meeting adjourned at 10:15 p.m.

                                                                                            Respectfully submitted,

                                                                                            Penny St. Romaine
                                                                                            City Clerk