M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
FEBRUARY 17, 2003
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, February 17, 2003, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members JOHN, HINDMAN, CRAYTON, JANKU, and LOVELESS were present. Members COFFMAN and HUTTON were absent.
 

APPROVAL OF MINUTES
    The minutes of the regular meeting of February 3, 2003, were approved unanimously by voice vote on a motion by Mr. Loveless and a second by Mr. Janku.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    The agenda, as amended, including the Consent Agenda, was approved unanimously on a motion made by Mr. John and a second by Ms. Crayton.
 

SPECIAL ITEMS
R34-03     Authorizing a permit application to be submitted to the Missouri Department of Natural Resources for discharges from Columbia's regulated small municipal separate storm sewer system.
    The resolution was read by the Clerk.
    Mayor Hindman explained how much work has been done on this issue by both the staff and a citizens committee.
    Mr. Beck explained that EPA Phase II Stormwater Regulations require permits for small municipalities with separate storm sewer systems. This resolution will authorize the permit application being sent to DNR.
    Mr. Patterson noted that work on this issue has been a coordinated effort between the City, the County of Boone, the University of Missouri and a citizens task force appointed by the Council and the County Commission. He commented that the task force has been meeting monthly for almost a year to develop the proposed application.
    Mr. Patterson reported the application consists of elements surrounding six minimum control measures which are required by the EPA. He stated the City must have a storm water management plan to address the measures in a comprehensive manner. The measures consist of the following: public education and outreach on storm water impacts, public involvement/participation, illicit discharge detection and elimination, construction site storm water runoff control, post-construction storm water runoff control in new development and redevelopment, and pollution prevention/good housekeeping for municipal operations.
    Mr. Patterson explained the group started the process with a self-assessment of what is being done in the county, city and at the University. He indicated that it had been gratifying to find that the City has been well-postured to obtain compliance, and is in the advanced stages of being in compliance. With the efforts of the task force, Mr. Patterson thought a process had been developed to address the remaining issues. He said in the coming months there will be evaluations and formalization of the procedures outlined in the application.
    Dave Griggs, a member of the Storm Water Task Force, asked his fellow members present to stand as he introduced them. He thanked the staff for their help and said the group looks forward to continuing their task.
    Mayor Hindman thanked the task force for all of their work on this issue.
    The vote on R34-03 was recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN, HUTTON. Resolution declared adopted, reading as follows:
 

SCHEDULED PUBLIC COMMENTS
(A)     Dr. Frederick Springsteel - Local Inter-Governmental Cooperation.
    Mr. Springsteel thought the City and the School District should collaborate to make more effective use of public resources. He noted a joint breakfast meeting on February 25th and suggested that they discuss ways for both entities to save money. Mr. Springsteel urged the Council to support the School District in their application for the Federal Building.
 

(B)     Robin Remington, Gail Plemmons and Roy Hartley - Cities for Peace.
    Robin Remington, co-founder of Peace Haven International, voiced concern about the physical safety and mental health of the sons and daughters of Columbia residents who are in the armed forces if they are sent into Iraq.
    Gail Plemmons spoke on behalf of the local chapter of Women's International League for Peace and Freedom about the economic consequences war would have on this nation.
    Roy Hartley, Cities for Peace, asked that a public hearing be scheduled for the next meeting relating to the City's opposition of a unilateral invasion of Iraq.
 

PUBLIC HEARINGS
B361-02     Amending Chapter 29 of the City Code relating to landscaping requirements for motor vehicle, trailer and farm machinery sales and service facilities.
    The bill was read by the Clerk.
    Mr. Beck explained that this issue has been tabled for some time and that an amendment had been prepared.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Since the issue was tabled, Mr. Boeckmann explained that there have been meetings between the staff and opponents of the ordinance. The amendment language, drafted by Mr. Dudark, would provide an alternative of one large shrub and two medium shrubs for each required tree. The attorney representing the opponents had said their preference was to have the language read, "one large bush or two medium shrubs". There was also language clarifying a "paved area".
    Mr. Janku asked if this would change the 15% landscaping requirement. Mr. Dudark said it would not, the strip along the street currently required would be part of the 15%. Mr. Janku questioned if the one large bush and/or two medium shrubs would be in addition to the existing screening along the street. Mr. Dudark replied it would. He explained the 15%, the only requirement for a part of it to be landscaped, is the portion along the street. The remainder of the 15% would have to be in grass. If the amendment is approved, the strip would either have to be planted with a tree or shrubs. Mr. Dudark noted that car dealers would still be exempt from having landscaped islands in the interior or the parking lot, and they would not have to have the separation strips between the large parking areas that are required in other locations. He said it could be on the perimeter.
    Mayor Hindman made the motion that B361-02 be amended per the amendment sheet using the word "or". The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    B361-02, as amended, was read with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: JOHN. ABSENT: COFFMAN, HUTTON. Bill declared enacted, reading as follows:
 

B34-03     Calling for bids for the construction of improvements to Lake of the Woods Golf Course.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this will be the second phase of improvements at The Lake of the Woods golf course. He stressed that the improvements will be paid out of the recreation service fund, not the general fund.
    Mr. Hood explained the improvements would include the conversion of the fairways to zoysia grass turf. A strip sod method of establishing the turf is being recommended. He described the procedure and indicated that staff believes two fairways per day could be re-sod, with the total project taking approximately 30 days. It is believed the entire fairway would convert to zoysia within three growing seasons. Mr. Hood reported that the estimated cost of the project is $74,000.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B34-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN, HUTTON. Bill declared enacted, reading as follows:
 

B35-03     Voluntary annexation of property owned by the City located generally west of Scott Boulevard and north of Millbrook Drive; establishing permanent M-R zoning.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that an electrical substation is located on this 10 acre City-owned tract. Both staff and the Planning and Zoning Commission recommended the annexation and an M-R zoning category.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B35-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN, HUTTON. Bill declared enacted, reading as follows:
 

B36-03     Voluntary annexation of property owned by the City located on the south side of Brown School Road, approximately one-half mile west of State Route 763; establishing permanent R-1 zoning.
    The bill was given second reading by the Clerk.
    Mr. Beck said this small .04 acre tract contains a water well that belonged to the Water District at the time the City merged with them. Staff recommends annexation and permanent R-1 zoning.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B36-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN, HUTTON. Bill declared enacted, reading as follows:
 

B42-03     Rezoning property located on the south side of Highlands Court, approximately 200 feet west of Bentpath Drive from A-1 to R-1.
    The bill was given second reading by the Clerk.
    Mr. Dudark showed the location of the four lots under consideration for rezoning. He said the request was submitted for the purpose of reducing setbacks that are required with an A-1 zone; specifically, 25-foot side yard setbacks being six-feet in R-1. He noted the irregular configuration of the lots and said an R-1 classification would provide for more flexibility in the placement of homes on the lots. Mr. Dudark pointed out that the Planning and Zoning Commission is in favor of the change.
    Mr. John was concerned that the change could result in Lots 3, 4 and 5 being pushed up against the previously platted lots in Highlands Ridge. Mr. Dudark reported that the rear yard setback in an R-1 zone is 30-feet or 25% of the lot depth, whichever is greater. Mr. John asked if the eastern edge of Lots 3, 4 and 5 could be considered the rear yard. Mr. Patterson replied that would depend upon the orientation of each structure on the lots, so it could be, but would not have to be.
    Mayor Hindman opened the public hearing.
    Justin Perry, 1710 Kenilworth, developer of the property, offered to answer questions. Mr. John asked about the rear yard setbacks against the western side of the Highlands Ridge lots. Mr. Perry explained that the orientation of the homes on Lots 4 and 5 would be primarily to the west. He added that the topography would not allow an orientation towards the eastern boundary. Mr. John asked about Lot 3. Mr. Perry said the home would most likely face in a northwesterly direction. Mr. John questioned whether it would be build on the north or south side of the utility easement. Mr. Perry replied it would have to be built on the northwest side of the sewer easement.
    Mayor Hindman closed the public hearing.
    B42-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN, HUTTON. Bill declared enacted, reading as follows:
 

B43-03     Rezoning property located on the north side of Hinkson Avenue, approximately 115 feet west of North William Street from R-3 to R-2.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained that the applicant was in the process of submitting plans for expansion of the facility when it was determined the property would have to be replatted under its current zoning designation. However, he pointed out that an R-2 zone would not necessitate the replat of the property, but it does limit the use of such. Mr. Dudark stated the applicant will still have to be granted a conditional use permit from the Board of Adjustment if the Council approves this request. The Planning and Zoning Commission recommended approval.
    Mayor Hindman opened the public hearing.
    Rod Stevens, an attorney with offices at 11 N. Seventh, spoke on behalf of the applicant. He explained that the nursery school received a grant a few years ago to construct a new building. After a development plan was submitted and approved, he said the Board of Adjustment subsequently approved a variance in regard to a parking matter. After a groundbreaking ceremony in December, it was discovered the subject site does not meet the definition of a lot in an R-3 zone. Mr. Stevens summarized the applicant's choices were to have the property replatted, which is expensive and time consuming and would possibly put grant money at risk, or downzone the tract to R-2 and seek a conditional use permit from the Board of Adjustment. He spoke of their preference for the downzone to R-2 and then the applicant will seek a conditional use permit from the Board of Adjustment.
    Mayor Hindman closed the public hearing.
    Mr. John commented that this is an example of the bizarre entanglement of City regulations -- the downzoning process is faster than replatting a tract.
    B43-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN, HUTTON. Bill declared enacted, reading as follows:
 

B45-03     Authorizing the acquisition of easements necessary to construct Sewer District No. 157 (Rollins and Burnam).
    The bill was given second reading by the Clerk.
    Mr. Patterson explained this public hearing is being held to determine the necessity of constructing approximately 435 feet of eight-inch public sewer line to replace a private common collector that serves five structures in the recently created Sewer District No. 157. The project cost is estimated at $82,300 which includes the connection of the lines to the new public sewer. The not to exceed tax bill being proposed is 36 cents per square foot. Staff recommends funding for the project to come from tax bills levied against the properties within the sewer district and from sanitary sewer utility funds. Since all the properties are being used for student housing in the form of fraternities and sororities, Mr. Patterson noted it is very important the work be done during the summer break. For that reason, he said it is necessary to initiate the acquisition of right-of-way at the earliest possible time.
    Mr. Patterson reported that City policy provides for the sewer utility to share equally in the cost of replacing private common collectors. Based on estimated costs, he said the rate payers of the sewer utility would be paying $41,150 towards the project, assuming tax bills are assessed against the subject properties. At 36 cents per square foot, Mr. Patterson indicated the tax bills would range from $4,518 to $12,435.88 and, if assessed, could be paid over a period of ten years after issuance.
    Mr. Patterson related that following construction and prior to any special assessments being levied, there will have to be another public hearing at which time the Council will have to determine whether or not there have been benefits that have accrued to the properties at least equal to the special assessments. He said staff considers the City policy of providing 50% of the cost to extend properly constructed public sewers as a benefit to any property. He noted that the City would also assume full responsibility for future maintenance of the line and will have access by easements to make any repairs that may be necessary. The public line would also eliminate maintenance costs to property owners and the potential health and environmental problems from stoppages, overflows and other potential liabilities associated with the existing private common collector. Additionally, Mr. Patterson commented that connections to public sewer lines traditionally increase property values.
    At the time the District was being proposed, Mr. Patterson reported there had been requests that the City apply the provisions of Section 22-97.1 which would defer tax bills in excess of $5,000 per residential unit. Staff believes that is not the intent of the provision because it was intended to provide a mechanism for extension of public sewers in areas of low density and typically large, single family residential lots. It is staff's opinion that the provision would not be applicable to fraternities and sororities since they function more as commercial boarding houses than traditional residential units. Mr. Patterson related that this request has brought up an issue about amending that section of the ordinance to clarify the intent of deferral being applied to one and two family dwellings.
    Mr. Patterson stated that staff recommends the project proceed with the cost being jointly and equally shared by the sewer utility and the properties up to the maximum assessments established by the resolution, and that efforts be made to construct the sewer line in the summer months of this year. If the Council wishes to proceed with the project as recommended, after the public hearing a motion should be made directing staff to proceed with final plans and specifications for Sewer District 157 and approval of the ordinance to acquire the easements. As a second step, Mr. Patterson asked that the Council provide direction relating to an amendment that would limit the deferred tax bills on developed residential lots to one and two family dwellings.
    Mayor Hindman opened the public hearing.
    Linda Russell, 116 Manor, spoke as President of the Alpha Delta Pi Housing Corporation. She believed that Section 22-97.1 should apply in their case. She referred to subsection b and said the word "shall" mandates the $5,000 cap and did not leave it up to the discretion of the Council. Ms. Russell asked that they be assessed $5,000 for their share of the improvements.
    Mr. John asked Ms. Russell about the number of residents housed in her facility. Ms. Russell replied there are 72 residents and 23 bedrooms.
    Don Neckadan, on behalf of Alpha Gamma Sigma, spoke in support of the project as presented. He said the old sewer is problematic and they would rather have it fixed now before it becomes a situation which will put them out of business at a time they cannot afford to be. Mr. Neckadan encouraged moving forward with the project so it could be finished by this summer.
    Mayor Hindman closed the public hearing.
    Mr. John asked about the definition of a unit when dealing with boarding houses. Mr. Beck thought it was defined in the solid waste ordinance. Mr. Patterson indicated that a clearer definition is needed. He said that was one of the reasons for their recommendation on the second item. Mr. Patterson noted the action by the Council tonight does not provide for the assessment of tax bills. Between now and the time there is a special assessment public hearing, Mr. Patterson said staff would like the opportunity to clear up any questions in regard to the definitions.
    Mr. Boeckmann remembered a staff memo specifically delineating that a cap would not apply in this situation. He pointed out that this was also mentioned when the Council voted to form the District. In looking at the ordinance, Mr. Boeckmann agreed it needs clarification. When discussing this particular section with Mr. Patterson, it was his recollection that when it passed, the Council had in mind single family and perhaps two family dwelling units and not apartments or other more commercial type residential units.
    Mr. Patterson reiterated staff's opinion that the cap should not apply to this project, but the question has been raised so they felt it was something that should be brought back to the Council -- to clearly define it. Staff is recommending that the project be paid for by the sewer utility and tax bills with a maximum assessment to be 36 cents per square foot. If the project comes in under bid, the assessments will be lowered, but if it comes in higher, the utility's participation is higher. Mr. Patterson noted the assessments to each property are not being fixed at this point -- that has to occur after construction. Mr. Boeckmann concurred and said the amount of the tax bill cannot exceed the benefit to the property, and that is determined at a public hearing after the project is completed.
    Mayor Hindman made the motion that the staff be directed to proceed with final plans and specifications. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. Janku made the motion that staff be directed to prepare an amendment to the ordinance (22-97.1) limiting the deferred tax bills to one and two-family dwellings. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    B45-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN, HUTTON. Bill declared enacted, reading as follows:
 

B47-03     Authorizing construction of water main located in Vanderveen Crossing, Plat 10; providing for payment of differential costs.
    The bill was given second reading by the Clerk.
    Mr. Beck explained the City policy to pay the cost of water mains over and above that required for the development. In this case, it is an eight-inch rather than a six-inch line, 2,175 feet long at an estimated cost to the City of $7,873 to be paid from Water and Light funds.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B47-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN, HUTTON. Bill declared enacted, reading as follows:
 

R35-03     Amending the FY 2002 HOME Action Plan.
    The resolution was read by the Clerk.
    Mr. Dudark explained the request from the Columbia Housing Authority for $300,000 in HOME funds. The first project would designate $150,000 in funding for the purchase of vacant lots within the central City area for affordable housing construction for low income households. The second proposal calls for utilizing $150,000 for a tenant based rental assistance program to assist special populations within the City. In addition, Mr. Dudark commented there is a request for $7,500 in administrative funds to manage the tenant based rental assistance request.
    Mr. Dudark reported that the City has slightly over $150,000 available that consists of unprogrammed funds in the 2002 HOME budget. There are also some uncommitted Housing Rehabilitation funds that must be committed for a specific project by the end of March. These two projects together would be $307,500. Mr. Dudark noted that the City has an additional $98,000 that staff plans to place under contract for housing rehabilitation prior to March 31. He explained the City has two years to commit these funds for a specific activity or they are subject to de-obligation by the Department of Housing and Urban Development. If approved by Council, the amendment would have to submitted to HUD for their approval and then a contract would be brought back to the Council.
    Mr. Loveless asked for a definition of affordable housing. Mr. Dudark explained that it has to do with the income range of a particular family or household in relation to their efforts to obtain housing. Typically, he said a mortgage payment should not exceed 30-35% of disposable income, and the federal government has used 30% for rent payments. He related that this particular application is to secure lots so that homes can be built and then be made available at an affordable cost to qualified households.
    Mr. Janku understood there is a waiting list for home rehabilitation. He asked why staff has been unable to program that amount. Mr. Dudark confirmed there is a waiting list, but there is also a certain capacity to rehab homes. There are typically 15 to 20 houses rehabilitated per year. Mr. Dudark indicated that is just about all the contractors can accomplish. He noted that staff is constantly looking for contractors who are interested in the rehabilitation program, but some do not want to do rehab and others only do new housing construction.
    Mayor Hindman opened the public hearing.
    Doris Chiles, Executive Director of the Columbia Housing Authority, spoke in support of their request for funds. She reported that CHA has an excellent record of expending and obligating funds in a timely manner. Regarding the tenant based rental assistance program, she said CHA has been closely associated with the Boone County Homeless Coalition for about five years, and through that connection, they have become aware of the lack of transitional housing facilities for certain populations. Ms. Chiles stated the TBRA Program has not been fully designed, but any program policy would be coordinated through Mr. Dudark's office to assure it meets the HOME guidelines. She envisioned that persons qualifying for the program would be referred to CHA by the Mental Health Court, the Probation and Parole Office, McCambridge Center, The Shelter, New Horizons, Phoenix Programs, etc.
    Mayor Hindman closed the public hearing.
    The vote on R35-03 was recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN, HUTTON. Resolution declared adopted, reading as follows:
 

(A)     Voluntary annexation of property located east of Creasy Springs Road and north of the present City limits.
    Item A was read by the Clerk.
    Mr. Dudark explained this to be 22 acres of land just north of the City limits, east of an existing subdivision in the County. The request will be for permanent R-1 zoning.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
 

OLD BUSINESS
B41-03     Approving the final plat of Lake of the Woods South, Plat 3.
    The bill was given second reading by the Clerk.
    Mr. Dudark reported there will be a temporary sewage holding facility on the property as the City is in the process of constructing a sewer interceptor line in this area. The line will not be available until some time next year. The developer will install the temporary facility and will also remove it at his cost. Mr. Dudark also pointed out only one entrance into this subdivision through Teton Drive off of Grace Lane. He noted a street shown on the plat to the north, but he stated that it does not connect through to an existing public street at this time. There are plans to extend it, but it is not part of the plat before the Council this evening.
    Mr. Loveless recalled an earlier discussion on this subject about a secondary access, even if temporary. He asked if there are any plans on the developer's part to ease the access problem. Mr. Dudark responded access will go through an existing subdivision. He pointed out the potential of some 81 dwelling units that could be constructed with approval of this plat. Mr. Dudark thought the timing of the second entrance was dependent upon a development to the north of this one which is commercially zoned.
    Mr. John asked about a subdivision rule where there has to be one entrance per 100 lots. Mr. Dudark acknowledged that this plat is in compliance with that rule.
    B41-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN, HUTTON. Bill declared enacted, reading as follows:
 

B50-03     Amending Chapter 4 and 16 of the City Code relating to alcoholic beverages.
    The bill was given second reading by the Clerk.
    Mr. Boeckmann explained that this ordinance would establish a rebuttable presumption in cases involving alcohol, for both minors in possession and open container ordinances. Currently when the City prosecutes these types of cases, we must have a sample of the alcohol tested to prove it is alcohol. Some years ago in regard to minor in possession cases, the State established a presumption that if a container is closed and labeled as containing alcoholic beverages, that there is a rebuttable presumption that it contains alcohol. Mr. Boeckmann related that means the City would not have to prove it because it is assumed, but the defendant, if he chooses, can have the contents tested and proved that it is not alcohol. He believed this is a reasonable ordinance based on the experience that it always comes back positive when it is tested. Mr. Boeckmann stated that he had contacted both present and past prosecutors, and they could not recall a case where the test had come back negative, nor could a Highway Patrol employee who has performed this testing for 24 years.
    B50-03 was given third reading with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN, HUTTON. Bill declared enacted, reading as follows:
 

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

B37-03     Approving the final plat of Thessalia Subdivision, Plat 6.
B38-03     Approving the final plat of Grace Bible Subdivision, a replat of part of Stephens First Addition and Tandy's Subdivision.
B39-03     Approving the final plat of Oak Forest, Plat 8.
B40-03     Approving the final plat of Manor Ridge Subdivision, Plat 1.
B44-03     Vacating a sewer easement located south of the Cascades Subdivision.
B46-03     Accepting a deed of dedication for water main purposes.
B48-03     Appropriating funds for personnel expenses in the Department of Economic Development.
R26-03     Setting a public hearing: sale of surplus land located in Indian Hills Subdivision.
R36-03     Setting a public hearing: special assessments against property in the Grasslands Addition to pay part of the cost of acquiring open space and park land.
R37-03     Setting a public hearing: voluntary annexation of property located on the west side of State Route 763, approximately 1,000 feet south of Brown School Road.
R38-03     Setting a public hearing: concerning landscaping at the parking lot located at the northeast corner of Tenth and Elm Streets.
R39-03     Setting a public hearing: water main construction serving Timberlane Subdivision, Plat 5.
R40-03     Setting a public hearing: acquisition of land at the intersection of Hillsdale Road and I-70 Drive Southeast for construction of a water utility pump station and reservoir.
R41-03     Authorizing an agreement with the Missouri Department of health and Senior Services for smallpox immunization services.

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

NEW BUSINESS
    None.
 

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

B49-03     Authorizing the sale of surplus land located in Indian Hills Subdivision.
B51-03     Amending Chapter 2 of the Code relating to the Substance Abuse Advisory Commission.
B52-03     Amending Chapter 15 of the City Code as it relates to associate municipal judges.
B53-03     Amending Chapter 16 of the City Code relating to false identification.
B54-03     Levying special assessments against property in the Grasslands Addition to pay part of the cost of acquiring open space and park land.
B55-03     Voluntary annexation of property located east of Creasy Springs Road and north of the present city limits; establishing permanent R-1 zoning.
B56-03     Approving the final plat of Cambridge Place Subdivision, Block 3.
B57-03     Rezoning property located generally north of Brown School Road extended and east of State Route 763.
B58-03     Rezoning property located on the southwest corner of Locust Street and Waugh Street from R-3 to C-P.
B59-03     Approving the Auburn Hills 5 PUD Site Plan.
B60-03     Approving the Limerick Lakes East PUD Site Plan.
B61-03     Granting a variance to Section 25-48 of the Subdivision Regulations regarding sidewalk construction along the south side of Thompson Road, adjacent to Lot 58 of Garden City Subdivision, Plat 9.
B62-03     Vacation of drainage easements located within Oakland Hill Subdivision.
B63-03     Calling for bids for the installation of landscaping at the parking lot located at the northeast corner of Tenth and Elm Streets.
B64-03     Designating the City as recipient for FTA and MoDOT transit grants.
B65-03     Authorizing construction of water main serving Timberlane Subdivision, Plat 5; authorizing payment of differential costs.
B66-03     Accepting a deed of dedication; authorizing payment of differential costs; approving the engineer's final report for water main serving Vanderveen Crossing, Plat 8.
B67-03     Accepting a deed of dedication; authorizing payment of differential costs; approving the engineer's final report for water main serving Smithton Ridge, Plat 2.
B68-03     Accepting conveyances for utility purposes.
B69-03     Appropriating funds for emergency repair to Boiler #6 at the Municipal Power Plant.
B70-03     Authorizing acquisition of land at the intersection of Hillsdale Road and I-70 Drive Southeast for construction of a water utility pump station and reservoir.
B71-03     Confirming the contract of Sterling Excavation, Inc. for construction of water main along the south side of Brown School Road from Highway 763 to Clearview Road.
B72-03     Amending the capital projects portion of the FY 2003 Annual Budget to change an electric utility project from "Underground Feeder to McBaine" to "Backup Generators for McBaine."
B73-03     Appropriating Water and Electric Revenue Bond funds.
 

REPORTS AND PETITIONS
(A)     Intra-departmental Transfer of Funds.
    Report accepted.
 

(B)     Show-Me State Games Request for the Use of the ARC.
    Mr. Beck explained that this request had been withdrawn.
 

(C)     FEMA Funds to the City of Independence for Undergrounding.
    Mr. Janku thanked the staff for their quick response and said he thought it ironic that the funds are only available after a problem has occurred, not ahead of time so one could take measures to correct a potential problem. The fact that funds are made available for this use, he felt indicated some wisdom in undergrounding. Mr. Janku supported the City continuing to be pro-active in regard to this issue.
 

(D)     Metro Greenbelt/Trail Plan Implementation.
    Mr. Beck noted that the Council had adopted a plan earlier, and he thought it equally significant to be able to develop a program to implement the plan.
    Mr. John said he would like a better understanding of the strategies before asking the staff to come back with something.
    Mayor Hindman suggested that the topic be scheduled for a work session.
 

(E)     Churches of Columbia - Parking Lot Problem.
    Mr. Beck pointed out that Sacred Heart Church has been processing a rezoning issue through the Planning and Zoning Commission.
    To the extent there are other churches experiencing the same problem, Mr. Janku thought the City should attempt to address the situation. He said it would be helpful to know how many churches are affected. He did not favor a general amendment allowing churches to operate commercial parking lots anywhere in the community. Mr. Janku related that churches have broad leeway as to where they can locate, but to say they can operate a commercial business may not be consistent in an R-1 zone.
    Mr. John pointed out that a parking lot in a residential neighborhood is probably not going to generate much income, but if the spaces are needed for church services and functions, it would be beneficial for the City to develop a system whereby these spaces could be used more efficiently and effectively.
    Mr. Janku suggested addressing the churches that have been operating this way first and then focus on the larger problem.
    Mr. John said if the Council is going to review the issue, that might stay further enforcement for the time being. Mayor Hindman asked if the uses were grandfathered. Mr. Boeckmann thought it had always been prohibited, so it is an unlawful use.
    Mr. Loveless asked how the Council could deal with the immediacy of the problem with the First Baptist Church. Mr. Boeckmann said there are two problems; the Baptist Church and Sacred Heart. Mr. Loveless understood Sacred Heart has a process in motion to bring themselves into conformance. Mr. Boeckmann said he was guessing they would just as soon not follow through on it if they would be allowed to continue renting spaces without going through the process. Mr. Beck thought the deadlines had been set administratively. Mr. Boeckmann replied that they had. Mr. Patterson said the effort had been to allow plenty of time for the church to go through a zoning process if they chose to, and not put them in violation before they had an opportunity to correct their zoning. If there is a request to extend it, he said that could be granted administratively.
    Mr. Boeckmann understood the Council to be saying they wanted staff to look into this issue and possibly allow the churches to continue renting their parking spaces. Mr. Patterson said if that is the case, staff will take that as direction to extend the situation until such time as the Council took action.
    Mayor Hindman made the motion that staff be directed to report back on the issue of co-use of church parking lots. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

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

HUMAN RIGHTS COMMISSION
Blum, Michael W., 1701 Cliff Drive, Ward 6 - term to expire 3/1/06
Snell, Valeta M., 4114 N. Eldorado Court, Ward 2 - term to expire 3/1/06

BOARD OF MECHANICAL EXAMINERS
Kidwell, Dennis L., 1105 Bob-O-Link - Ward 6

UNIVERSITY EXTENSION COUNCIL OF BOONE COUNTY
Scruggs, Marie M., 1913 Vassar, Ward 4 - term to expire 3/1/05
 

COMMENTS BY COUNCIL, STAFF AND PUBLIC
    Mr. Janku thanked the Water and Light Department for the updates they have been providing to the Council on various projects. He was hopeful other departments could also provide those types of reports from time to time.

    Mr. Janku noted the Council received a report on the Housing Trust Fund the City of Austin had established. He asked that it be passed onto the task force that is looking at affordable housing in Columbia.

    Mayor Hindman had received a complaint about traffic backing up at the intersection of Bethel and Southampton. He noted that a stop light had been requested. Mayor Hindman asked the staff to look into the issue.

    Regarding the earlier discussion about the Community Nursery School on Hinkson, Mayor Hindman asked if that was something the Council should look into changing. Mr. John said the problem affects properties zoned above an R-1 or R-2. No matter how long the property has been used in a certain way, without any affect on its boundaries, when any improvements are made it triggers a replat. He noted the tract cannot just be surveyed, it has to go through the entire platting process. He related the steps to do that can take a lot of time and money and there is no guarantee the request will be approved. Mr. John suggested a mechanism for replatting a tract administratively after being surveyed so staff could certify it as a legal lot. He said this would allow properties in older parts of town to be reused without having to go through a lot of extra process.
    Mayor Hindman made the motion that staff report back with suggestions on addressing the issue of older lots being certified as legal lots. The motion was seconded by Mr. John and approved unanimously by voice vote.

    Mayor Hindman reported that he received a letter from the Downtown Columbia Association in regard to demolition of downtown buildings for the construction of parking lots. He said the group asked that the Council consider adopting some rules in regard to the review of such permits, at least in the downtown area.
    Mayor Hindman made the motion that staff report back on the process and what might be done. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

    The meeting adjourned at 9:15 p.m.

                                                                                            Respectfully submitted,

                                                                                            Penny St. Romaine
                                                                                            City Clerk