M I N U T E S
CITY COUNCIL MEETING - COLUMBIA MISSOURI
MARCH 3, 2003
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m. on Monday, March 3, 2003, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS and JOHN 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 February 17, 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, including the Consent Agenda, was approved unanimously on a motion made by Mayor Hindman and a second by Mr. Loveless.
 

SPECIAL ITEMS
    Mayor Hindman welcomed Boy Scout Troop 706 from St. Andrews Lutheran Church and their Scout Master, Bill Kennedy.

    Mayor Hindman, on behalf of the entire Council, expressed sympathy to the family of Muriel Battle who passed away yesterday. He noted the tremendous impact she made on the City of Columbia.
    In addition to being a great community leader, Mr. Beck said that Dr. Battle was a great volunteer for the City of Columbia and that she had assisted in the hiring process for several department heads.
 

SCHEDULED PUBLIC COMMENTS
    None.
 

PUBLIC HEARINGS
B49-03     Authorizing the sale of surplus land located in Indian Hills Subdivision.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the Council had declared this property surplus and asked to have restrictions placed on it prior to the sale of such. He noted that a letter had been received conveying concern about a couple of the restrictions.
    Mayor Hindman opened the public hearing.
    Wallace Malveaux, 4808 Aztec, spoke on behalf of the neighborhood. He asked that the process be slowed down to give the neighborhood more time to talk with the Habitat group. He indicated that residents are not opposed to Habitat homes, but wanted to be included in the process.
    Mr. Hutton asked Mr. Malveaux if he had any concerns about the restrictions. Mr. Malveaux spoke of his preference for brick on the homes and an increase in the square footage by a couple hundred feet.
    Priscilla Bevins, 2904 Oaklawn, spoke on behalf of Habitat for Humanity. She pointed out that Habitat first asked about the availability of the lots in 1997. She remarked there has been a lot of time for everyone to talk about the issues. Ms. Bevins stated Habitat has made many efforts to meet with the residents and talk about the problems, but to no avail. She believed the existing covenants require houses to be at least 1,000 square feet. The homes Habitat builds are larger than that. Ms. Bevins thought the houses they have built in the neighborhood have been positive additions. She commented that they have no problem with the first three restrictions, but felt the 25-year owner occupied stipulation would be a real disservice to whomever would buy the lots. Ms. Bevins asked the Council to delete this provision.
    Mr. Hutton asked what size house Habitat is proposing to build. Ms. Bevins replied that their three bedroom homes are 1,066 feet and the four bedroom homes are larger. She explained that they build their houses to fit the size of the family. Mr. Hutton inquired if someone has to sell the house after a few years, whether Habitat buys them back. He was aware the home owner would have to pay back the equity. Ms. Bevins said that was correct and added that there is a second mortgage which is the difference in value between the appraised value and what Habitat's cost was. She said they sell to the family at their cost and they need to be able to pay the second mortgage. She imagined there could be circumstances where Habitat would buy the house back, but usually the houses have been sold on the open market. Mr. Hutton asked about a five year covenant on the home ownership. Ms. Bevins responded it would be better, but the other lots were all sold without that kind of requirement. She thought it would be more equitable to eliminate this stipulation altogether. Ms. Bevins noted that Habitat completed their first house in 1988 and up until this year only one house had been sold.
    Ms. Crayton believed the neighbors would welcome Habitat families, but residents wanted to be included in the plans. Ms. Bevins replied that Habitat wants to be forthcoming about their projects, but their many overtures spanning the past five years have gone without reply.
    Mr. Janku asked if brick fronts are in the plans for these houses. Ms. Bevins said brick is not a standard, but would not say they would never do it. She also said she could not make any promises.
    Mayor Hindman closed the public hearing.
    Mr. Hutton pointed out that anyone in the community could bid on these lots. There would be no advantages. He noted that this process is far from a rush to sell as it has been ongoing for at least 18 months. Regarding the size of the homes, Mr. Hutton said he would be more comfortable with 1,100 square feet. He thought the 25-year owner occupied stipulation to be excessive and suggested that it be five years.
    Mr. Hutton made the motion that B49-03 be amended to read 1,100 square feet and five years owner occupied covenant. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. John reiterated that the lots will be sold on the open market. He explained the Council is trying to ensure protection of the neighborhood.
    Mr. Janku noted that if the owner occupied covenant was not in place, there might be people who would buy the lots for rental property.
    Mr. Loveless questioned if a person sold a house after three years to someone who then subsequently buys the property for rental purposes, what enforcement the City would have of the five year home ownership stipulation in the covenant. Mr. Boeckmann replied that staff would have to rely on neighbors complaints. He indicated the City does not have a mechanism to track the sale of property and how it is used. He said there is no easy way to enforce such -- it would be a civil case. Mr. Loveless asked if there was any way to flag these particular lots through Protective Inspection. Under the current system of manual tracking, Mr. Patterson said it would be practically impossible. He added that staff would not know the home was being used for rental property unless the owner went through Protective Inspection or if there was a complaint by someone in the neighborhood. Mayor Hindman noted that the lender would probably be very interested in knowing about any covenants. Mr. Hutton assumed that the person examining the title would point out the covenants. Mr. John said it would be part of the information reviewed at the closing.
    B49-03, as amended, was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B54-03     Levying special assessments against property in the Grasslands Addition to pay part of the cost of acquiring open space and park land.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the property within the benefit district will be tax billed for the cost of the recently purchased land by the City. Each parcel will be assessed the same amount ($2,173.91). He explained that the City purchased the land for $680,000 with the total amount to be raised by tax bill being $400,000. Mr. Beck indicated that $150,000 was collected earlier and he understood there is an ongoing campaign to raise the remaining monies so the tract would remain as parkland.
    Mayor Hindman opened the public hearing.
    Dan Reuther, 811 Sycamore, spoke on behalf of the Grasslands Development Company (GDC), the former owner of the tract now being discussed. He said GDC is opposed to the special assessment against their property. He noted that the neighborhood association did not provide an avenue for participation in the process. Mr. Reuther maintained the association only contacts residents and not property owners within the association. He indicated that GDC is, by far, the largest owner of the property within the district. Mr. Reuther believed the whole process was taxation without representation or participation and that their due process was somewhat circumvented. He read from the association bylaws. The Grasslands Development Company also questioned how the proposed assessment would equally benefit every owner within the neighborhood.
    Mr. Hutton asked how many parcels the development company will be tax billed for. Mr. Reuther responded that GDC owns ten lots.
    Mayor Hindman closed the public hearing.
    Mr. John noted that the neighborhood association did not approve or pass the establishment of the district -- it was established by the City of Columbia. He related that there was no action by the association nor do they have any authority to levy tax bills against the rest of the neighborhood. Mr. John pointed out that most of GDC's lots are closest to the park and would have the most direct benefit from the district.
    B54-03 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B55-03     Voluntary annexation of property located east of Creasy Springs Road and north of the present city limits; establishing permanent R-1 zoning.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that the R-1 request on this 22 acre tract had been recommended for approval by both the staff and the Planning and Zoning Commission.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B55-03 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B57-03     Rezoning property located generally north of Brown School Road, extended and east of State Route 763.
    The bill was given second reading by the Clerk.
    Mr. Beck indicated there are multiple zoning requests for this 50 acre tract.
    Mr. Dudark noted that the ordinance before the Council shows Tract B as a PUD-14. The applicant has now asked to amend the request to a PUD-12 zone. Mr. Dudark said the ordinance will need to be amended to conform with the applicant's revised request and there will also need to be a revised statement of intent submitted for the tract.
    Mr. Janku asked about the connection on Brown School Road. Mr. Beck understood the issues relating to the connection on 763 were close to being worked out. In regard to Oakland Gravel Road, there are still several questions yet to be addressed as this project is a joint effort between the developer, the County Commission, the City and MoDOT. Mr. Beck stated they still need to work out the alignment for the approach onto US 63 north of Columbia. Mr. Janku wondered if the City was going to take the lead in getting the parties together.
    Mr. Patterson explained one of the complications to be that the project is not within the City limits so we do not have legal jurisdiction over the site. Therefore, an intergovernmental agreement of some type is essential in order to make proper conveyances of property rights so the project can proceed. Mr. Patterson understood that easement agreements have been reached with the County, but the last he heard was they had not been executed. He explained before the project can proceed, the City will have to obtain the inner-agency agreements, rights-of-way and permits from MoDOT. In addition, funding for the project will have to be in place. Mr. Patterson indicated that the City's allocated funding is not even half as much as what the project is estimated to cost at this point.
    With regard to 763, Mr. Patterson reported the agreement on that side is simply there is right-of-way within the City that is off the development property which will be acquired after Council approval. The developer will then construct the improvements. As part of the agreement, Mr. Patterson said they were given a tentative go ahead on assuming responsibility for constructing sidewalks in lieu of our participation in the cost of the street. In none of these cases will the City reimburse the developer for any expenditures because we cannot do that by law. Mr. Janku hoped they could pick out the most important parts of the project, in terms of funding, and move forward with this work and then phase in the other parts at a later date.
    Mayor Hindman opened the public hearing.
    Rob Wolverton, 2106 Clemmons, a partner in WWB Development Company, developer of this project, offered to answer any questions.
    Mayor Hindman closed the public hearing.
    Mr. Janku made the motion that they substitute the applicants request for Exhibit A and change the zoning on Tract B from PUD-14 to PUD-12. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
    Mr. Janku noted that the developer worked with the City to identify property for a City park which will be adjacent to this subdivision. He was appreciative the City was involved early on in the planning process. Mr. Janku spoke of his preference for this type of PUD in that real amenities are included as part of the development.
    B57-03, as amended, was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B58-03     Rezoning property located on the southwest corner of Locust Street and Waugh Street from R-3 to C-P.
    The bill was given second reading by the Clerk.
    Mr. Beck referred to a letter the Council received from Bob Smith that was discussed at the last meeting pertaining to churches renting out spaces in their parking lots during the week. The applicant in this rezoning request, Sacred Heart Church, has asked that the item be tabled until such time the Council acts on the communication from Mr. Smith.
    Mayor Hindman opened the public hearing.
    Mr. Hutton made the motion that B58-03 be tabled to the June 2, 2003, Council meeting. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    Mayor Hindman continued the public hearing to the June 2, 2003, meeting.
 

B63-03     Calling for bids for the installation of landscaping at the parking lot located at the northeast corner of Tenth and Elm Streets.
    The bill was given second reading by the Clerk.
    Prior to the construction of the Tenth and Cherry parking garage, Mr. Beck said the City purchased this surface lot at Tenth and Elm Street. He said the lot is metered and is used quite a bit. The Council requested that it be landscaped. The plan prepared by staff consists of seven trees and 100 shrubs at an estimated cost of $22,178 to be paid from the parking utility fund.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B63-03 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B65-03     Authorizing construction of water main serving Timberlane Subdivision, Plat 5; authorizing payment of differential costs.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this fairly small project will consist of 475 feet of eight inch line. The City will pay the differential cost between a six and eight inch line. The estimated cost to be paid out of Water and Light funds is $2,000.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B65-03 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

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.
    The bill was given second reading by the Clerk.
    Mr. Malon showed the location on the overhead as being substantially east of Highway 63. He pointed out a metal building across the road from the proposed site which is used as a gymnasium. Mr. Malon reported the proposed tract is in an ideal hydrological location due to its elevation. He explained there are no drawings of what the pump station might look like because the City has not yet acquired the property. He displayed photos of the south pump station and indicated the proposed facility will be similar but on a smaller scale because no lab work will occur at this installation. Mr. Malon noted that at this point staff is not proposing the construction of a reservoir, just the pump station. However, there is enough space for a ground level reservoir. He reported that it is staff's recommendation that the City purchase the property and appropriate funds for the purchase. In regard to the appropriation of funds, he suggested a resolution for refunding so that any future financing associated with the Northeast Booster District would also include the ability to refund that purchase price back to the operating fund.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B70-03 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

(A)     Voluntary annexation of property located on the west side of State Route 763, approximately 1,000 feet south of Brown School Road.
    Item A was read by the Clerk.
    Mr. Beck explained that the applicant is requesting annexation of this 9.06 acre tract in order to connect to the City's sewer system. The property owner has asked that permanent R-1 and C-3 zoning be established at the time of annexation.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
 

OLD BUSINESS
B30-03     Establishing Sanitary Sewer District No. 150 along Mexico Gravel Road, adjacent to the intersection of Mexico Gravel Road and State Route PP.
    The bill was read by the Clerk.
    Mr. Beck explained that this issue had been tabled at the request of the Council for additional information.
    Mr. Patterson showed the boundaries of the District and explained that staff subsequently met with several of the property owners. He could not say that everyone was in full agreement with the Sewer District, but thought staff accomplished quite a bit in answering questions and making sure there was an understanding of the process and what the impact would be on the property owners. The proposed District would consist of ten parcels of property, four of which are partially in the City. Since the City has no taxing authority beyond the city limits, Mr. Patterson related that only those portions within the City have been included in the District.
    Mr. Patterson reported staff has calculated the cost of the District to be approximately $200,000. He reviewed how the tax bill assessments would be imposed based on the square footage of the property inside the city. By ordinance, undeveloped properties and developed residential properties have an initial tax bill cap of $5,000. Mr. Patterson pointed out that two tracts within the proposed District are undeveloped. He said that only one of the properties would be under the $5,000 cap. He indicated that approximately $150,000 will be deferred and carried by the sewer utility until the mechanisms established by ordinance trigger the issuance of the deferred tax bills. Mr. Patterson noted there are no liens as a result of the deferred tax bills until assessment occurs. However, there is a notice of deferred tax bill filed in the Recorder's Office for the purpose of advising a prospective purchaser that under the conditions listed in the notice a tax bill will be issued.
    In regard for the request of an alternative alignment which would place the sewer line in front of some properties along Mexico Gravel Road, Mr. Patterson showed the cost of this alternative being approximately $20,000 more in construction costs. This alignment will not substantially shorten the length of the line necessary to serve all of the properties in the District. In addition, the line would run 20-28 feet deep in some places. Staff also believes this alignment would be more disruptive to the properties in that driveways will have to be torn up as part of the project, and there will be more damage to vegetation and trees in the area.
    In reference to the issue of requiring tracts that are partially outside the city to be annexed in order to have access to the proposed sewer line, Mr. Patterson pointed to four tracts outlined on the overhead, one having a significant portion outside the city. The property owner of the large tract, Mr. Smarr, has indicated that he is willing to include his property within the city limits as part of the District, but he will not participate if forced to have the remainder of his property annexed. Mr. Patterson stated that if Mr. Smarr's tract is removed from the District, and not that there are any assurances that the other three property owners would agree to the same annexation requirement, the District would have a configuration smaller in area, but this will result in increased deferred tax bills against the remaining properties. He said this substantial increase would probably influence the willingness to be included in the Sewer District if annexation is required. The same cost would be distributed over a smaller area.
    In discussions with property owners other questions came up such as service areas. Mr. Patterson showed the areas that could be served by gravity. One affected three of the tracts and showed that gravity sewer flow to be questionable. He said it would depend on the development, but more than likely a pump station and force mains would be required. Mr. Patterson explained the reason topographic lines are not used for the establishment of sewer districts is because they are very subjective in a lot of areas. He indicated the tracking of property lines is much more feasible from the standpoint of administration.
    Mr. Patterson pointed out a cemetery in the proximity of the sewer line and noted that staff is proceeding with an archeological survey to make assurances that no unmarked grave sites are in alignment with the proposed project.
    Mr. Patterson outlined the options available as follows: 1) passing the ordinance as originally proposed; or 2) direct staff to revise boundaries of the District and require all parcels of the land to be annexed into the city before the District is formed, or 3) defeat the ordinance and delay construction indefinitely. If annexation is a requirement the Council opts for, Mr. Patterson reported the property owners will have the opportunity to reconsider their participation because the City cannot force annexation, and it will be very difficult to levy assessments on properties without connection to the sewer line.
    In regard to the properties partially within the City, Mr. John asked if he understood correctly that only the portion in the city would be included in the District. Mr. Patterson said that was correct. He noted that only one of the four is really a potential development with a connection of any size. If the remainder of this tract is developed, it could not be connected to the sewer line unless it is annexed or the property owner enters into an annexation agreement. Furthermore, the property would be required to develop to our standards and they would also have to bear the expense of extending the sewer line. He said there would be no District assistance provided.
    Mr. Hutton noted that Mr. Smarr has voluntarily agreed to be part of the District even though he will not connect to the sewer. The property he owns in the City is not developed and will not be connected to the line.
    Lucinda Dunn, 4401 Mexico Gravel, expressed support for the project as an adequate sewage system is very important to her family's needs.
    A. R. Taylor, 4415 Mexico Gravel, also spoke in support of the project. He said his present system is no longer adequate.
    Mr. Hutton believed at least seven of the property owners in the audience were present at the meeting held by Mr. Patterson. He said these residents may not be adamantly in support of the District, but they realize it is necessary. Mr. Hutton thought their questions had been answered and the details had been worked out to their satisfaction. He was hopeful the Council would agree with the annexation issue and he saw it as a fairly good compromise.
    Mr. Janku was in support of the District as proposed and said he appreciated the additional information about the annexation of the property.
    Mr. Loveless asked about the cap on the total funds that can be deferred under City policy. Mr. Patterson responded the amount is very close to $400,000 for either deferred or obligated monies as part of the sewer districts already brought forward. The cap is $500,000. He said when that cap is met, the Council will have to review the sewer utility financial statement to determine whether this can be increased.
    B30-03 was read with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B51-03     Amending Chapter 2 of the Code relating to the Substance Abuse Advisory Commission.
    The bill was given second reading by the Clerk.
    Mr. Steinhaus explained that for the last few years the Commission has had a hard time recruiting for the youth member position. The suggestion is to change the ordinance to read that one member shall be a student under the age of 25.
    B51-03 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B52-03     Amending Chapter 15 of the City Code as it relates to associate municipal judges.
    The bill was given second reading by the Clerk.
    Mr. Beck explained this would provide for three municipal judges with terms not to exceed four years. The goal is to address the problem of having associate municipal judges available at all times.
    In addition to modifying the ordinance, Mr. Boeckmann pointed out that there is also a suggested Council action to direct staff to initiate the appointment of additional judges.
    Mr. Janku agreed that three would be desirable, but wondered whether it should be mandatory (changing the word "shall" to "may"). Mr. Boeckmann thought the current wording would require staff to notify the Council when the number fell below three.
    B52-03 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
    Mr. Hutton made the motion that staff be directed to initiate the process for appointing additional judges. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

B59-03     Approving the Auburn Hills 5 PUD Site Plan.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained Tract F to consist of 18 acres. The plan is for 21 single family homes and 38 two family structures, bringing the total unit count to 97 or about 7 units per acre. He pointed out one of the features of the plan is some traffic calming at an intersection. Mr. Dudark said a continuous street would be extended for future development north of the tract. The Planning Commission recommended approval of the PUD. Mr. Dudark noted that a final plat will be required before any development can occur in this area.
    Mr. Janku asked about access to the greenbelt area. Mr. Dudark pointed out a pedestrian easement and street access on the overhead.
    Rob Wolverton, 2106 Clemmons, one of the partners in the project, offered to answer any questions.
    B59-03 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B60-03     Approving the Limerick Lakes East PUD Site Plan.
    The bill was given second reading by the Clerk.
    Mr. Dudark pointed out that this request had been before the Council in November of last year. He said the request has been modified to eliminate the tier lots. The new plan shows both lots having frontage on a public street; however, they will share a driveway which comes out onto Katy Lane. The driveway has been moved eight feet farther to the west so it is now 93 feet from the curb line of Forum and about 63 feet from the right-of-way line of Forum. Mr. Dudark indicated it is well within the minimum standard for residential driveways from street intersections. The Planning and Zoning Commission held another hearing on this revised plan and voted 4 to 3 to recommend approval of the PUD Site Plan before the Council.
    Mr. Coffman asked about the additional provisions dealing with landscaping and preservation of trees. Mr. Dudark noted the applicant has shown landscaping between the driveway and the lake. He said they have also identified buildable areas for the footprint of the houses and the areas surrounding such will be undisturbed. He believed this was better defined than last time. Mr. Coffman asked about tree disturbance. Mr. Dudark explained that a plot plan will have to be submitted when applying for a building permit, and the applicant would be required to follow within the identified area.
    Even though this is an obsolete zoning classification, Mr. Hutton assumed it was still appropriate. Because it is in essence a PUD-1, he asked if the applicant would be entitled to develop five lots. Mr. Dudark did not believe this could occur without Council action. Mr. Hutton understood there to be a question about the property being rezoned to R-1 a few years ago and the City assigning a PUD-1 zoning to it. Mr. Dudark said there had been some discussion of that and staff suggested that the applicant continue with the PUD process as it is a bit more precise than just open R-1 zoning. He clarified it is still a PUD zoning, but the City does not have a PUD R-1 anymore. Under the PUD ordinance, Mr. Hutton inquired whether a site plan would have to be approved. Mr. Dudark said that was correct.
    Paul Kanago, 309 W. Alhambra, explained that the line of sight would dramatically improve on the corner as the driveway is constructed and the trees are cleared at Katy Lane and Forum. He noted it currently is virtually a blind corner. With the split driveway configuration, there would be no reason for anyone to back out of the driveway onto Katy Lane. The driveway will be 20-feet wide and six-inches thick per Fire Department standards. Mr. Kanago noted that the Fire Department signed off on the two, twelve foot driveways with prohibited parking.
    Mr. Kanago identified the right-of-way in the plan would accommodate the future widening of Forum Boulevard -- up to four lanes of traffic plus a turn lane, a pedway and an estimated 15 feet of unused right-of-way on each side. He thought it was questionable whether this intersection would ever require a middle turning lane if Forum is widened to four lanes. Mr. Kanago remarked that the 10-foot pedway would be constructed in lieu of a five-foot sidewalk. The City's responsibility would be the cost of constructing over and above what it would cost to construct a five-foot sidewalk. He offered to work with the City to allow for their preferences as to design and placement of the pedway.
    Mr. Kanago reported that tree removal of the mature forest will be less than 35%, which is less than one-half of the tree removal allowed by City standards of the 75% maximum. He noted that the mature forest makes up only 60% of the acreage, so the overall tree removal on this 4.96 acres is estimated to be less than 25%. Mr. Kanago reported that he walked the site with the City Arborist who commented that his home site selection on lot one would be non-invasive to the mature forest. The staff report reflects approval by the City Arborist.
    Mr. Kanago believed the plan to be a very reasonable use of this land with the density being 0.4 houses per acre wherein the maximum density on this PUD could be as high as 29 houses. In this case, the request is for two homes. He noted the grade of the land on the west side of the lake, the current location of 10 homes, is much more severe than the grade of the land on the east side of the lake where he proposes to build two houses. He reported it is virtually on the same size property. Mr. Kanago spoke about the distance of his driveway on Katy Lane from Forum Boulevard and any driver would have more than ample time to slow and make the turn at a controlled speed.
    Mr. Kanago remarked that the impervious areas in his plan consists of less than 12½% of the acreage, and the peak runoff for the ten year rainfall will be increased by less than 6% for the total 4.96 acres. When considering the entire watershed, he said the increased runoff is insignificant, being less than two-tenths of one percent of the total ten year runoff.
    In conclusion, Mr. Kanago asked the Council to consider that this land has been zoned residential for the past 23 years, that the City staff have approved his plan twice, two different traffic engineers have given their approval to the plan, the City Arborist has given his approval, and Planning and Zoning have given their approval. He remarked that he came before the Council before, listened to their concerns and then made the changes for which they asked.
    Mr. Hutton asked Mr. Kanago if he intends to run his business out of his home. Mr. Kanago replied that he intends to put a home office in his house, but added that his business office is located across the street. His current plan is to leave his business right where it is. Mr. Kanago indicated that was not to say he would never meet with a client in his home. Mr. Hutton understood that he did not intend to run his daily business out of his house. Mr. Kanago responded that he did not.
    Ken Wilhelm, 2408 Waterside, spoke in opposition to the plan. He reiterated the concerns residents had in regard to safety and they contend that this site, given its characteristics, cannot be matched by another site where the minimum standards would apply. He asked the people in opposition to the plan to stand. Approximately 30 people stood.
    Duane Burkhardt, 2508 Waterside, reported on the number of accidents that have occurred within the past twelve months at this intersection. He recently spoke to a former traffic engineer who had said this project would not present a significant traffic impact. When Mr. Burkhardt asked him why he would say that, the former employee said he was referring to adding two homes to the neighborhood. He did not remember a discussion about where the homes would be. Mr. Burkhardt agreed that adding two homes to the neighborhood would be negligible, but he said this was not a question of adding two homes, but adding two homes at this particular location.
    Mr. Loveless asked if two homes would not make a difference to the neighborhood, he wondered why this particular configuration represents such a concern to the neighbors. Mr. Burkhardt said if a car makes a right turn off of Forum onto Katy and someone is pulling out of the driveway on the applicant's property, the car turning off of Forum will have to slow down, as will the car behind it, and the one behind that one and so on. The problem occurs when someone is not paying attention and runs into the car in front of them.
    When talking about turn lanes in other instances, Mr. Loveless said they usually speak about stacking distances for cars at intersections. In this case, he said there will be about a distance of 93 feet from the curb line to the centerline of the 20 foot driveway. This computes to almost 85 feet between the curb of Forum and where a car would be coming out of the driveway. Mr. Loveless asked if that was not enough stacking distance for someone to turn off of Forum and still stop when they see a car coming out of the driveway. Mr. Burkhardt responded he did not have a traffic study to point to in order to demonstrate that kind of a situation. He said a turn lane would mitigate the situation.
    Maura Burkhardt, 2508 Waterside, compared the new and old Kanago site plans. She said it was obvious that no consequential changes have been made. She was concerned about the two houses sharing one driveway and believed it would have all the problems of a stem lot.
    Robert Cunningham, 2504 Waterside, displayed illustrations describing the grade alteration for a driveway versus the alteration required for a fire lane, assuming a fire lane is 20 feet wide and also assuming that no retaining walls are being used. His concern was that the tree cover would be devastated from Forum to the lake.
    Dave Rodert, 2404 Waterside, President of the Limerick Lakes Homeowners Association, said he did not know anything about traffic or setback standards in other cities, but he could testify about the traffic that enters and exits the neighborhood at Forum and Katy. Mr. Rodert remarked that the City's traffic engineer acknowledges that the neighbors who experience traffic on a daily basis are the best resource for problem identification. He explained that the neighborhood views the current intersection as a dangerous one and that over the years many neighbors have called both Police and Public Works regarding the traffic situation. He said residents are not asking for the taking of property, but that the risk be reduced by one-half by allowing only one home site. Mr. Rodert commented that he had been told a study has never been done regarding the impact of allowing a private drive that close to Forum. He related that no one has taken into consideration the possibility of two dwellings with home-based businesses which could potentially create 72 in and out movements in one day. He asked that the Council deny this plan and then encourage Mr. Kanago to work with the neighborhood on submitting a single home plan.
    Rebecca Johnson, 1904 Katy, spoke in opposition to the plan because of her concern about creating the long driveway and the problems with ingress and egress.
    Paul Miller, 1909 Walden, spoke in opposition because of safety concerns. He noted that people use Katy Lane as a shortcut to avoid the light at Chapel Hill.
    Joann Rodert, 2404 Waterside, disagreed with what the Kanago's are trying to do with their land. She said the new plan is a reconfiguration of the old plan to escape the stem lot issue.
    Judy Mumford, 2412 Waterside, spoke in opposition because of safety issues.
    Billie Cunningham, 2504 Waterside, read from the Zoning Ordinance, Section 29-10(c)(2) which stipulates that a PUD "may" be approved provided that all the provisions of this section are complied with, but approval is not mandatory and the PUD is not a use of right. She said the assumption that Mr. Kanago has the right to do what he wants to do, regardless of the ensuing cost to the existing neighborhood, contradicts that section. By approving this PUD, Ms. Cunningham stated that one individual will gain at the expense of an entire neighborhood. She reminded the Council that approval of the PUD is not mandatory.
    Bo Ruffner, 1815 Katy, said he was troubled by the home office issue. He asked the Council to deny the PUD on the merits of safety.
    Nancy Girardi, 2408 Waterside, spoke in opposition to the plan.
    Mr. Loveless asked about the stacking distance for the turn lane at the entrance off of Broadway into the Hy-Vee lot. Mr. Patterson said he did not remember the distance, but Hy-Vee was granted a right in/right out access at that location for a very high commercial activity. He pointed out the traffic stacking from Broadway on Fairview to the entrance was not an issue because it was right in/right out. Mr. Loveless said if one is proceeding eastbound and turns southbound onto Fairview there is a driveway there also. Mr. Patterson responded that is also a right in/right out. Mr. Loveless believed it was similar to making the turn and having to stop real quick because someone is trying to turn into the driveway. Mr. John thought the distance was about 125 feet.
    Mayor Hindman asked about the length of the driveway. Mr. Dudark replied that it was 750 feet. Mayor Hindman inquired if there was a limit for driveway lengths like there is for cul-de-sac lengths. Mr. Dudark said there is no driveway limit. Mr. Loveless questioned whether having a turn around for fire apparatus is a requirement for private driveways. Mr. Patterson said it was not.
    Mayor Hindman agreed the intersection is dangerous, but was not sure the danger has to do with the distance. He said the speed limit is pretty regularly ignored and one of the dangers is to make a left turn coming from the south.
    Mr. John noted that this property is already zoned PUD. He said R-1 PUD was never single family residential and that was the problem, it just indicated a density of six or less dwellings per acre. He said this was already zoned to allow for five or six dwellings per acre, so there could have been a total of 25 to 30 units. Mr. John acknowledged that access to the streets was eliminated which changed the rights to the property, but the question is not the zoning, but how to effectively use the tract. In regard to traffic, Mr. John reported that there are some 45,000 cars traveling on Providence that he has to deal with to exit from his neighborhood. He said there are six driveways directly onto Providence Road, and these driveways are within 10 to 15 feet of each other. Mr. John stated this is not great, but we cannot all have perfect situations.
    Mr. Loveless said the problem is not Katy Lane, the driveway or the neighborhood, but the driver behavior on Forum. He believed the question is whether or not a driveway placed 80 some feet away from the curb at Forum will significantly add to the risk at this intersection. He said the last time Mr. Kanago came to the Council they identified two problems with his configuration: the stem lot and the proximity of the driveway to Forum Boulevard. Now Mr. Kanago has come back having addressed both issues to the best of his ability. He agreed with Mr. John in that the development would be significantly lower than what would be permitted even with the R-1 PUD as it was before. Mr. Loveless maintained that if the neighborhood is willing to accept the development of one home with the driveway placement where it is, he was hard pressed to see that the difference between having one home and two homes is a significant additional risk factor.
    Mr. Coffman asked about home business restrictions. Mr. Dudark replied it would be same as any other R-1 lot. Mr. Coffman inquired if there was an idea of what might happen to the tree coverage. Mr. Patterson responded that the applicant would have to obtain a land disturbance permit which would be reviewed by staff prior to construction. He said by ordinance, only 25% of what would be defined as a climax forest would have to be preserved.
    Mr. Janku asked if there was sufficient existing right-of-way along this stretch of Forum Boulevard for a deceleration lane. Mr. Patterson indicated Mr. Kanago will be giving the additional right-of-way which will accommodate a full four lane section even with a center turn lane. He thought it is recognized there is a need for improvements on Forum, south of Chapel Hill, regardless of this project. If approved, Mr. Janku asked that the pedway be set far enough back so as not to be affected by any future road project. Mr. Patterson said that had been considered in their layout. He commented that if the City participates in the pedway, we would have to do the contracting and be paid by the developer. The City cannot pay the developer to put in a wider than five foot pedway. Staff would have to follow the public improvement process. Mr. Janku remarked that there is no doubt about the safety issues in this area. He noted the City will have to consider improvements to alleviate the situation, regardless of whether or not this property is developed with one or two dwellings. Although, acquiring the right-of-way would be helpful toward that end.
    Mayor Hindman agreed that the intersection needed careful attention.
    Mr. Hutton also concurred and said he could not see how the driveway would make the traffic situation in this area any more dangerous.
    B60-03 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

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.
    The bill was given second reading by the Clerk.
    Mr. Dudark said the variance request is for a waiver along Thompson Road, an unimproved street with open ditches. Staff believed the criteria they looked at seemed to argue in favor of the variance. He noted there are no other sidewalks on Thompson Road, no schools or other pedestrian generators in the vicinity. Mr. Dudark remarked there are also some extenuating costs associated with the construction due to the utilities and so forth. The applicant will construct a sidewalk on the internal street.
    If a sidewalk were to be built, Mr. Hutton asked where it would be located in reference to the right-of-way. Mr. Dudark reported that additional right-of-way had been dedicated when the subdivision was platted. He said it is wider with the frontage, but with the lack of a curb and the open ditch, it is difficult to determine where the walk should be installed. He thought it could be built behind the ditch towards the house. Mr. Hutton thought it would be impossible to locate the driveway in such a manner that it would not have to be torn out when the street is improved. Mr. Dudark concurred. It was ascertained there are no immediate plans to improve Thompson Road. Mr. Hutton noted that approval of the variance request would not preclude the ability for the City to tax bill the sidewalk later.
    B61-03 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: COFFMAN, HINDMAN, CRAYTON. Bill declared enacted, reading as follows:
 

B69-03     Approving funds for emergency repair to Boiler #6 at the Municipal Power Plant.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that $360,000 will need to be transferred into an account in order to repair Boiler #6.
    Mr. Janku asked where the funds would be appropriated from. Mr. Malon replied they would be coming from the unappropriated fund balance. Mr. Janku pointed out that this is an excellent example of why the City maintains reserve funds.
    B69-03 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

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."
    The bill was given second reading by the Clerk.
    Mr. Malon explained the $1.3 million project to replace an underground cable that provides backup for reliability to the McBaine Water Plant. After seeking proposals, staff found that for substantially less money they could purchase two 2,000 KW generators. He explained the advantages to the generators. Mr. Malon indicated that if the transmission system in town were to go down, or if there was a larger area blackout, both feeds would be lost. However, staff is recommending the purchase of black start generators which would be able to bring the plant back online. As a result, Mr. Malon said the reliability to the plant would be far better with the generators located near McBaine rather than repairing the two feeder lines. Staff suggests changing the project amount to $700,000.
    Mr. Hutton asked if the generators could be used as backup for the City. Mr. Malon said they would be used in case of a shortage and as regular peaking units for the utility. Even though the generators will be located in McBaine, they will still be able to relieve 4 KW of load off the system.
    B72-03 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. 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.

B53-03     Amending Chapter 16 of the City Code relating to false identification.
B56-03     Approving the final plat of Cambridge Place Subdivision, Block 3.
B62-03     Vacation drainage easements located within Oakland Hill Subdivision.
B64-03     Designating the City as recipient for FTA and MoDOT transit grants.
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.
B71-03     Confirming the contract of Sterling Excavation, Inc. for construction of a water main along the south side of Brown School Road from Highway 763 to Clearview Road.
B73-03     Appropriating Water and Electric Revenue Bond funds.
R42-03     Setting a public hearing: construction of the Downtown Improvement Project.
R43-03     Setting a public hearing: voluntary annexation of property located on the south side of Vawter School Road; approximately 1,750 feet east of Scott Boulevard.
R44-03     Setting a public hearing: 2002 CDBG and HOME Performance Report.
R45-03     Setting a public hearing: construction of the MC-6 Trunk Sewer Extension.
R46-03     Setting a public hearing: street and sidewalk construction on Donnelly Avenue.
R47-03     Setting a public hearing: storm drainage improvements to the Paris Road and Ann Street area.
R48-03     Authorizing an agreement with the Columbia School District for 2002 CDBG funds to provide on-site instruction for the "Columbia Builds Youth" Program.

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

NEW BUSINESS
R49-03     Authorizing a grant agreement with the Missouri Department of Natural Resources for the construction of a trail underpass beneath Providence and Stewart Roads for the MKT Trail.
    The resolution was read by the Clerk.
    Mr. Hood commented that staff learned last week that the Department of Natural Resources had approved their application for the $75,253 grant to construct the underpass. The total project is estimated at $150,507 with the City's match coming from the 1/4 cent sales tax monies set aside for greenbelt and trail improvements. This resolution will authorize the City Manager to sign the grant agreement.
    The vote on R49-03 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R50-03     Authorizing demolition of a dilapidated structure at 812 Charles Street.
    The resolution was read by the Clerk.
    Mr. Patterson explained that this property was investigated as the result of a Council inquiry a little more than a year ago. Staff has gone through the process of inspecting the property and obtaining administrative search warrants in order to access the interior of such. A list of violations were found and attempts were made to get the problems corrected. In November an administrative hearing was held and it was determined that the building was dangerous, unsafe as well as a public nuisance. Mr. Patterson reported that the property owner has not made any repairs or moved forward with its demolition. This resolution would authorize staff to proceed with the demolition of the building through the City's bid process. The cost will then be tax billed as a lien against the property.
    Mr. Hutton commented it is unfortunate that it gets to the point where a house has to be torn down. He noted there are other houses around town in worse shape than this one that are currently occupied. Mr. Hutton saw no alternative as far as the City is concerned. Mr. Patterson agreed with this assessment and reported that the Planning staff has tried to work with the property owner to get it rehabilitated.
    He said the owner has been notified and given time frames for obtaining permits and extensions, and they have failed to meet the deadlines. If the property owner was to come in prior to the City actually contracting the demolition, which will take several weeks, Mr. Patterson indicated staff would stop the demolition action if there was some assurance the property would be brought into compliance. Mr. Hutton suggested proceeding with the suggested Council action.
    The vote on R50-03 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. 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:

B74-03     Voluntary annexation of property located on the west side of State Route 763, south of Brown School Road; establishing permanent zoning.
B75-03     Rezoning property located on the west side of Ballenger Lane, approximately 150 feet south of Timber Lane from A-1 to R-1.
B76-03     Amending Chapter 29 of the Code relating to the Urban Conservation Overlay Zoning District.
B77-03     Establishing an Urban Conservation Overlay Zoning District within the East Campus Neighborhood.
B78-03     Abrogating the final plat of Lake of the Woods South, Plat 2; approving the final plat of Lake of the Woods South, Plat 4.
B79-03     Approving the final plat of Auburn Hills, Plat 4.
B80-03     Amending Chapter 14 of the Code relating to speed restrictions on Route AC (Grindstone Parkway).
B81-03     Authorizing an amendment to the agreement with R.W. Beck, Inc. for assistance in City negotiations for power purchases and power transmission services; appropriating funds.
B82-03    Accepting easements for water main purposes.
B83-03     Authorizing construction of the Downtown Improvement Project.
 

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

(B)     FY 03 Percent for Art Projects.
    Ms. Hunter explained that there are several projects that have been designated that are not underway yet. She expected at least one will get going this year. Other than that, the group did not see any significant projects to designate at this time.
    Mr. Janku agreed there are certain projects that do not need an art component, but wondered if there would be a way to keep the percent for art funds from these projects in the program to help with things like Artists in the Schools and perhaps the maintenance of other projects. He was fearful of losing some of the state support that has been available. Mr. Beck thought that could be done as long as it is associated with Water and Light funds in this case because it would be out of an enterprise fund.
    Mr. Janku made a motion that the recommendation be accepted. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
 

(C)     Percent for Art at the City/County Health Department.
    Ms. Hunter commented on Hugh Merrill's very collaborative and community-based approach. She felt that was what appealed to both the Committee and the Commission. She reported that he has been in Columbia six times since mid-January and during that time he has met with the schools and been an artist in residence. He has also met with the Board of Health, the Commission on Cultural Affairs, the Standing Committee, County officials, and met twice with Health Department staff to obtain input on his project for the new Health facility. Ms. Hunter reported that as a result of those meetings, Mr. Merrill proposes a program of art work rather than a single work and a single site. The sense from both the Commission and the Committee was that they were really pleased to see he is wanting to address so much of the facility.
    Mr. Hutton asked how the applications are sought. Ms. Hunter explained their approach has been to select the artist, not the design from the beginning, so the artist can be integrated into the design team and propose a work or a series of work that is truly site specific. The first step is to call for applications, then finalists are selected and interviewed, and the last step is to select an artist based on their past work and their ability to implement large community oriented projects. Mr. Hutton asked if Mr. Merrill is a local artist. Ms. Hunter replied that he is from Kansas City. Mr. Hutton questioned whether the Standing Committee on Public Art makes a recommendation to the Commission on approval of the actual design. Ms. Hunter said that was correct. Mr. Hutton noted that the last art component mentioned polysilk banners hanging from the rafters. He wondered if there was going to be exposed rafters in the building. Ms. Hunter responded there would be exposed rafters.
    Mr. Janku made the motion that they accept the recommendation made by the Cultural Affairs Commission. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
 

(D)     Major Roadway Plan Amendment Process.
    Mr. Loveless thanked the staff for the report, but felt it would be more appropriate to wait on any action until it is determined what the Council decides to do with Russell Park.
    Mr. Janku suggested the Council be supplied with traffic volume information before deciding whether or not Cunningham Road should be extended.
 

(E)     Energy & Environment Commission Report.
    Mr. Hutton made the motion that staff be directed to bring back an ordinance adopting the proposed changes in #1 on the list. The motion was seconded by Mr. Janku.
    There was a discussion about the request for 12 hours of staff time per month. Mr. John suggested that when a commission asks the Council if they can study something, that they also ask at that time for allocation of staff time if they feel it is necessary. Mr. Beck commented that is the procedure being currently followed.
    The motion made by Mr. Hutton, seconded by Mr. Janku, was approved unanimously by voice vote.
 

BOARDS AND COMMISSIONS
    None.
 

COMMENTS BY COUNCIL, STAFF AND PUBLIC
    Mr. Coffman commented that the Council heard a presentation at their last work session involving the public access channel. He said a dedicated group of people are trying to bring it back to Columbia. Mr. Coffman noted City ordinances require cable companies to provide access channels for public education and government use. He pointed out the channels for education and government, but nothing has been dedicated just for public access. He stated that fixed studio facilities are required as well as a certain number of things from the cable franchise regarding facilities, equipment, and necessary personnel to assist with it. Mr. Coffman reported that the cable companies have not been expected to do this for a long time, but said there has been a lot of effort to try to make it happen. He thought it was time for the City Council to facilitate the work that is going on between the individuals who would like to bring this public access channel to life again.
    Mr. Coffman made the motion that the City send a letter to the two cable franchises pointing out what their obligations are under the City Code and asking them to respond to us within a certain time frame about how they are going to comply with their obligations now that there is a demand for them. The motion was seconded by Mr. Janku.
    Mr. Loveless asked if Mr. Coffman would accept a friendly amendment that would direct that the two cable companies be asked to cooperatively provide one such facility. Mr. Coffman was not sure how easy that would be, but he thought the group would like to work out of one location if that would be possible. He accepted that as an amendment -- that the City urge the cable companies to look into that possibility. Mayor Hindman seconded this amendment.
    Mr. John felt the letters should be strongly worded in that the cable companies are in default of their franchise agreement and that they have 90 days to come up with a plan to upgrade, and then give them a length of time, between 90 and 120 days, to implement that plan. It should also say that they may work together. Mr. Coffman said he would accept that.
    The motion made by Mr. Coffman, seconded by Mr. Janku, amended by Mr. Loveless and seconded by Mayor Hindman, including Mr. John's suggestion on wording, was approved unanimously by voice vote.

    Regarding the swimming issue brought up at the meeting with the School Board, Mr. Janku asked staff to look into what might be done to help with the issue of the Fourth grade swimming lessons.

    Mr. Janku made a motion that staff report back on what might be done on the percent for arts in terms of using funding from projects that would otherwise qualify in order to maintain the program. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.

    Mr. Hutton made the motion that staff report back on interest charges set on tax bills, perhaps tying it to the prime rate where it floats with the interest rate on the market. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

    Mr. Loveless said he had been asked to have a right turn only investigated at westbound Kentucky at evening commute time (4:30-5:30 p.m.). He said people trying to turn left onto Providence Road stack up on Kentucky to Maryland Avenue.
    Mr. Loveless made the motion that staff report back on the above issue. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.

    Mr. Loveless spoke about Council discussions at a work session in reference to setting up a standing committee on trails and parks between the Planning Department, Parks and Recreation and Public Works. He asked what the Council needed to do to implement the committee. Mr. Beck said it could be done administratively.

    Mr. Loveless made the motion that a deceleration lane or a free right turn lane be investigated at the intersection of Forum and Katy. The motion was seconded by Mayor Hindman.
    Mayor Hindman said he would like to see the motion broadened to include a study on the entire intersection. He said there are also issues in making a left turn at Katy off of northbound Forum.
    The motion made by Mr. Loveless, seconded and broadened by Mayor Hindman, was approved unanimously by voice vote.

    Mr. John reported that he had some people calling about the deferred tax bills on sewer projects. He said if taps are not being put on land that someone wants to sell, the City's process is blocking their sale. The sale of the lot, if there is no platting, rezoning, or taps being asked for, should not trigger the deferral. Mr. John noted this is the policy on undeveloped lots. Mr. Hutton agreed that the sale should not trigger the deferral because a buyer may want to sit on it for a few years before doing anything with the property.

    Also in reference to sewers, Mr. John said there is property on Route K being annexed into the City and the property owner wants to connect to the City sewer. However, in order to bring sewer to that property, the line would have to cross land outside the City. Mr. John suggested a policy similar to how water lines are handled (green lining) wherein the City can charge the property owner for their share of the line once they tap into it.
    Mr. John made a motion that staff be directed to prepare a policy per his suggestion. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

    Karl Skala, 5201 Gasconade, Chair of the Energy and Environment Commission, clarified language from the Commission's report the Council discussed earlier.

    The meeting adjourned at 11:10 p.m.

                                                                                        Respectfully submitted,

                                                                                        Penny St. Romaine
                                                                                        City Clerk