M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
OCTOBER 20, 2003
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, October 20, 2003, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council members JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN and CRAYTON 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 October 6, 2003, were approved unanimously by voice vote on a motion by Mr. John and a second by Mr. Janku.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mayor Hindman announced that Report I would be added to Reports and Petitions.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion by Mayor Hindman and a second by Mr. Janku.
    Upon his request, Mayor Hindman made the motion that Mr. John be allowed to abstain from voting on Item C under Public Hearings. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
 

SPECIAL ITEMS
Presentation to outgoing City Clerk.
    Mayor Hindman explained that Ms. St. Romaine has been serving as City Clerk from 1996 to 2003 and that this would be her last Council meeting. He told her how much the Council has appreciated working with her over the years and presented her with a Resolution of Appreciation signed by the entire Council. On behalf of the Council, Mayor Hindman presented Ms. St. Romaine with a monogrammed paperweight and an engraved clock commemorating her years of loyal and dedicated service.
 

SCHEDULED PUBLIC COMMENTS
Rick Pace - Legality of P.I.L.O.T.
    No speaker came forward.
 

PUBLIC HEARINGS
B324-03     Authorizing voluntary annexation of property located at the north terminus of Shamrock Drive, west of Lake of the Woods Road; establishing permanent zoning.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that both staff and the Planning and Zoning Commission recommended approval of this request.
    Mayor Hindman opened the public hearing.
    There being no comment, Mayor Hindman closed the public hearing.
    Mayor Hindman noted comments made at the Planning and Zoning hearing regarding the proximity of this property to the Indian Hills Park. Because the tract is in the Hominy Branch watershed, it was thought there might be an opportunity to create a trail access from the park to Hinkson Creek. Mayor Hindman thought this concept was worth considering.
    B324-03 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B341-03     Authorizing irrigation and fairway turf improvements at L.A. Nickell Golf Course.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that during the budget process, the Council asked that this project be included for this fiscal year. The $700,000 for the project will come out of the designated loan fund with the golf course users paying back the loan.
    Mr. Hood explained the proposed irrigation system will be installed on the fairways, tees and greens. In addition, he said the fairways will be converted to zoysia turf once the irrigation is installed. He was hopeful the project could begin this winter so the irrigation system could be installed by late May or early June. The zoysia strips will be planted once the irrigation system is in place.
    Regarding the construction sequence, Mr. Janku asked if the sodding process could begin as the irrigation system is installed at each hole. Mr. Hood replied that staff could look at it to determine whether that might be possible.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. John noted comments he has received regarding people accessing the golf course from Cosmo Park who start playing without having paid. He asked that the situation be monitored.
    B341-03 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

(A)     Storm drainage improvements in the West Boulevard and Mary Gene Street area.
    Item A was read by the Clerk.
    Mr. Beck pointed out that this is one of the last of the priority projects identified by the Citizens Committee on Storm Water Management when the storm water utility was established in the early 1990's.
    Mr. Patterson noted that one of the things that contributed to the length of time on this project is that another storm water crisis came up that had to be resolved. This project will consist of installing new piping and inlet systems in the area of West Boulevard, Mary Gene and Walnut Court. The estimated cost of the project is $135,200 with funds coming from storm water utility funds. Property owners will not be assessed for the project. If authorized to proceed, Mr. Patterson was hopeful to finalize plans and acquire easements in order to begin construction in early spring.
    Mr. Ash asked if storm water remedies are ever tax billed. It was explained that all Columbia home owners pay into the utility for these types of improvements.
    Mayor Hindman opened the public hearing.
    Chris Gilland, 908 W. Walnut Court, asked about the time frame for the project and its design. He was curious as to the affect it will have on the landscaping in his yard. Mr. Patterson reiterated his hope to begin the project in the early spring with completion by early summer. With regard to the specific detail to the plan, Mr. Patterson said he would be happy to have an engineer meet Mr. Gilland at the site and walk him through the project. He reported staff believes that this project will alleviate the drainage problems in Mr. Gilland's backyard.
    Mayor Hindman made the motion that the staff be directed to proceed with plans and specifications. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

(B)     Construction of sanitary sewers in Sewer District No. 158 (Old Plank Subdivision).
    Item B was read by the Clerk.
    Mr. Patterson explained this to be a sanitary sewer district formed by ordinance in July of this year as a result of a petition requesting annexation and connection to City sewer. He stated the sewer district will be assessed the entire cost of the project which is estimated at $67,000. The District will serve eight lots located south of Hickam Drive, south and west of Hickam Court and north of Old Plank Road. The benefits will be the elimination of a private, single cell lagoon which does not meet current state standards. The assessments will range from $2,100 to $17,400 per lot with half of the lots being subject to the cap of $5,000. Those properties subject to the deferral will not be tax billed for the balance until the use of the lot changes, additional water services are connected or it is redeveloped in some way. Mr. Patterson indicated that approximately $29,500 will be initially funded by the sewer utility in the form of deferred tax bills. He reported staff met with property owners twice with the majority expressing their support for the project. Mr. Patterson thought that construction could begin in the spring with completion in early summer.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Hutton made the motion that the staff proceed with final plans and specifications. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
 

(C)     Construction of the EP-3 Trunk Sewers to serve the Hatton property.
    Item C was read by the Clerk.
    Mr. Patterson explained that this 80-acre point request was first submitted slightly over a year ago and was brought to the Council in the form of a report in November of 2000. At that time, the Council authorized staff to proceed with the necessary work to set a public hearing for development of the project.
    Mr. Patterson described the project as consisting of the extension of the City sewer line from the Perche Creek trunk approximately 3,600 feet to the west property line of the petitioner, Con-Agg of Missouri. The line will serve an approximate 90-acre tract (the Hatton Farm property). The cost of the project is estimated to be $280,000 with funding coming from the City's annual small trunk sewer line fund in the CIP from the last ballot issue. Mr. Patterson explained that the developer has agreed, if the City will extend sewer to the western property line, to provide the construction plans and specifications and legal descriptions of the easements necessary to construct the project. The City's financial responsibility will be limited to the 3,600 linear feet of gravity sewer. Mr. Patterson pointed out it will be necessary for the City to acquire temporary and permanent construction easements for the proposed sewer line. He noted that the extension of this line and the development within the Con-Agg property will also provide an opportunity for the City to eliminate an existing pump station in the Valley View Subdivision.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mayor Hindman noted a report at the end of the meeting from the Bicycle and Pedestrian Commission proposing a policy that when the City acquires sewer rights-of-way, in the appropriate points, that trail easements also be acquired. He noted that this proposed sewer will extend from a heavily developed area to the Perche Creek. He felt this to be an ideal situation for such a policy to apply. Once the surrounding tracts are developed in this area, Mayor Hindman noted that such a route will become an impossibility, whereas at this point it should be relatively easy to do. He thought this is the time to consider acquiring the trail easement unless there are reasons to the contrary. He proposed that the trail easement be acquired.
    Mr. Janku suggested that the Parks and Recreation staff evaluate the prospect of such and perhaps include an estimate on the costs so the Council could decide whether or not this would be fiscally feasible.
    Mr. Patterson explained that staff will have to go through an appraisal process for the off-site easements and suggested they could appraise it both with the sewer and trail easements so Council will have an idea of the costs involved for such. At the same time, he said Parks and Recreation could be looking at the alignment to evaluate what might be appropriate. Before bidding the project, Mr. Patterson indicated that staff could send a report back to the Council. Mayor Hindman agreed that the possibility of a trail in this area needs to be further evaluated.
    Mayor Hindman made the motion that appraisals of both easements be made and that the staff report back on the feasibility. The motion was seconded by Mr. Loveless and approved by voice vote with Mr. John abstaining.
 

OLD BUSINESS
B332-03     Confirming the contract with Aplex, Inc. relating to the construction of the 2003 Annual Sidewalk project; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that five bids were received on the project and that the low bid of Aplex, Inc. was being recommended in the amount of $139,342.75.
    Mr. Patterson pointed out that as a result of the public hearing that authorized this project, approximately half of the sidewalks have been constructed privately.
    B332-03 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B335-03     Authorizing an electric power sales agreement with Ameren Energy Marketing Company for participation in the Columbia Energy Center.
    The bill was given second reading by the Clerk.
    Mr. Malon explained that participation in the Columbia Energy Center requires two agreements: an electric power sales agreement which provides for the long-term power purchase, and a purchase and operating agreement that provides for the purchase option and further operational arrangements. This bill relates to the electric power sales agreement which will allow the City to purchase 36 Mw or 25% of the nominal capacity of the plant to fulfill peaking requirements. At the same time, he said the second contract will give the City an option to purchase a second undivided interest in the power plan. On the overhead Mr. Malon displayed capacity amounts and costs from 2004 through 2009. From 2008 and beyond, he noted the City will have an additional 36 Mw for the life of the plant. Mr. Malon explained that this capacity will be used for reserves and for short-time peaks in the summer. The energy for these units will be the market cost of gas at the Henry Hub, which ran this summer for about eight hours. The energy cost runs about $.06 per Kw hour, opposed to $.016 per Kw hour from the base capacity. He said that is why the City will not purchase power other than at peak times. Mr. Malon was hopeful the City will not have to purchase this additional power as there will be enough in the reserve margin as required by the National Electrical Liability Council. He noted that the Water and Light Advisory Board reviewed these items and endorsed both agreements.
    Mayor Hindman inquired as to the estimated life of these plants. Mr. Malon replied that nobody really knows for sure, but on the depreciation schedule, they are listed at approximately 40 years. He reported the one at the City's power plant, which was built in the 1960's, is just now being refitted with new controls and the feeling is that it will remain operational for at least another 20 years. Mr. Malon explained the reason they last so long is because they should not have to run a great deal.
    Mr. Janku understood this agreement will not replace the need for future long-term contracts. Mr. Malon replied that is correct -- this particular part goes on for the life of the plant, but the other contract will terminate at the end of 2007. At that point, he said the City will need to do further power supply planning in the range of about 60 Mw for base-type low energy cost resources.
    B335-03 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B336-03     Authorizing a purchase and operating agreement with Ameren Energy Generating Company for the Columbia Energy Center.
    The bill was given second reading by the Clerk.
    Mr. Malon explained that this agreement will provide the City an option to purchase a second 36 Mw undivided ownership interest of up to 50% in the Columbia Energy Center.
    B336-03 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B339-03     Amending Chapters 16 and 17 of the City Code relating to weapons offenses and firearms in city buildings and parks.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the new statute regulating concealed firearms allows persons with concealed carry endorsements to carry firearms into city buildings and authorizes cities to pass ordinances prohibiting such persons from carrying concealed firearms into city buildings. This bill will enact that prohibition. It will also amend the code provisions on brandishing weapons and carrying weapons in City parks. Persons violating the ordinance may be denied entrance into the building or ordered to leave the building.
    Mr. Boeckmann pointed out that a St. Louis judge has placed a temporary restraining order or a preliminary injunction against enforcement of the statute. Right now, he said it is in limbo and will ultimately be sent to the State Supreme Court for determination.
    There was discussion at this point as to whether or not the issue should be tabled until it is resolved by the courts.
If the law is held to be invalid, Mr. Boeckmann said the City will not necessarily be out-of-step with state statute because although the language pertaining to the concealed and carry will be on the books, it will still be rather meaningless. He indicated the law just affects those persons with concealed and carry endorsements. It does not give a person additional rights, it just stipulates that if someone has a concealed and carry endorsement, they may not bring a weapon into city buildings.
    Mr. Hutton understood this amendment will not prohibit concealed weapons on city property, such as parks. Mr. Boeckmann said that was correct. Mr. Hutton asked if staff considered adding the park prohibition. Mr. Boeckmann explained that the statute only pertains to buildings.
    Mr. John's preference was to table this issue until it is decided by the court. Mr. Boeckmann suggested tabling it indefinitely and reintroducing the bill if the court rules in favor of the statute.
    Mr. John made a motion that B339-03 be tabled until the court rules on the statute. The motion was seconded by Mr. Loveless.
    Mr. Hutton saw no harm in passing the ordinance. Mr. Janku concurred.
    The motion to table, made by Mr. John, seconded by Mr. Loveless, was passed by voice vote.
 

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

B325-03     Approving the Final Plat of Manor Ridge Subdivision Plat 2; authorizing a performance contract.

B326-03     Approving the Final Plat of Lutheran Senior Services Subdivision; authorizing a performance contract.

B327-03     Approving the Final Plat of Deer Ridge, Plat No. 2; authorizing a performance contract.

B328-03     Approving the Final Plat of Heritage Estates, Plat No. 2; authorizing a performance contract.

B329-03     Approving the Final Plat of Zaring Hills Plat 1-A, a Replat of Lot 1 of Zaring Hills; authorizing a performance contract.

B330-03     Vacating a utility easement located within Lot 208A of Hunters Gate, Plat 2-A.

B331-03     Calling for bids relating to the construction of the B-20 sewer, an 80-acre point sewer serving Settlers Ridge Subdivision.

B333-03     Authorizing an agreement with the Missouri Department of Natural Resources relating to storm water grants; appropriating funds.

B334-03     Accepting conveyances for drainage, sewer, sidewalk, street, temporary turnaround, and utility purposes.

B337-03     Accepting a deed of dedication; authorizing payment of differential costs for water main serving Thornbrook, Plat 10; approving the Engineer's Final Report.

B338-03     Accepting conveyances for water utility purposes.

B340-03     Authorizing acceptance of the Local Law Enforcement Block Grant 2003 from the U.S. Department of Justice.

B342-03     Authorizing an amendment to the development agreement between CenterState Properties, LLC and Central Concrete Company for contribution of street right-of-way for Lake Ridgeway Road.

B343-03     Approving the Final Plat of Vanderveen Crossing, Plat No. 13; authorizing a performance contract.

R220-03     Setting a public hearing: voluntary annexation of property located on the northwest side of Old Field Road, approximately 700 feet south of Vawter School Road (3601 Old Field Road).

R221-03     Setting a public hearing: construction of water main serving Stonecrest, Plat 5.

R222-03     Setting a public hearing: relocation of water main along Rollins Road and Rothwell Drive.

R223-03     Authorizing an agreement with the Missouri Department of Health and Senior Services for WIC services.

R224-03     Authorizing an agreement with the Missouri Department of Health and Senior Services relating to Regional Public Health Emergency Planning and Preparedness.

R225-03     Authorizing Adopt A Spot beautification agreements.

R226-03     Authorizing an agreement with Boone County Historical Society for caretaker services at Nifong Park and Maplewood Home.

R227-03     Authorizing an agreement with Boone County Historical Society to operate, maintain and improve the Maplewood Home and related structures located in Nifong Park.

R228-03     Authorizing agreements with various organizations for FY 2004 tourism development funds.

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

NEW BUSINESS
R229-03     Appointing Sheela Amin as City Clerk.
    The resolution was read by the Clerk.
    Mayor Hindman explained the process the Council went through in hiring the new City Clerk. He noted that Ms. Amin will begin her duties effective October 27th.
    The vote on R229-03 was recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R230-03     Appointing Robert Aulgur as Municipal Judge.
    The resolution was read by the Clerk.
    Although Mayor Hindman made the announcement of Mr. Aulgur's appointment, he noted that the full Council made the decision on the selection. He stated the same hiring process was followed as in the case of the City Clerk.
    The vote on R230-03 was recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R231-03     Authorizing acceptance of a grant from the Environmental Protection Agency for the environmental cleanup of the Flat Branch Park Phase II project.
    The resolution was read by the Clerk.
    Mr. Beck explained that the City received a grant offer of $200,000 from the EPA for cleanup of the Flat Branch area. The grant requires a City match of $40,000.
    Mayor Hindman pointed out that the grant application process was very competitive and the City is fortunate to have been selected as a recipient.
    The vote on R231-03 was recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R232-03     Authorizing a grant application with the Missouri Department of Natural Resources for funding of the Flat Branch Park Phase II project.
    The resolution was read by the Clerk.
    Mr. Hood explained that DNR is currently accepting applications for land and water conservation fund grants. These are federal pass through grants by the Department of Natural Resources for the development of outdoor recreation areas. As the City just received the grant from EPA to cleanup the Flat Branch area between Locust and Elm Streets, Mr. Hood spoke of the opportunity to apply for an additional grant to allow for the further development of the park. He stated the application deadline is November 1st and does require a resolution of support from the City Council.
    Mr. Hood explained the ultimate plans for Phase II includes the cleanup and restoration of the Flat Branch Creek area, development of a parking facility to be jointly shared by the Convention and Visitors Bureau, and more traditional park features such as what was established in the Phase I project.
    Mr. Janku asked whether the project includes any playground equipment. Mr. Hood responded that staff is considering the possibility of creating an active use area in Phase II. He reported whether this will consist of actual playground equipment or some other type of feature, i.e., a water feature, has yet to be determined, but it will be something that will attract young people to the park.
    Mayor Hindman pointed out that a substantial amount of fund raising occurred with the Phase I project. He noted there have already been some pledges made in connection with Phase II.
    The vote on R232-03 was recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R233-03     Authorizing a HOME Agreement with Columbia Enterlight Ministries Community Development Corporation.
    The resolution was read by the Clerk.
    Mr. Beck explained that the City uses HOME funds to provide forgivable "soft" second mortgages to the buyers of affordable, owner occupied housing in the central city, and a repayable $5,000 third mortgage. He stated that Enterlight Ministries has no funds remaining under their 2002 agreement with the City and is requesting an additional $45,000 from 2002 and 2003 HOME funds to complete their current plans to construct three new homes within the next year.
    Mr. Janku asked if any of the new homes were intended to be Youthbuild projects. Mr. Dudark replied that only the house at 416 Oak is a Columbia Youthbuild house. He indicated that none of the new houses will be constructed via this program. Mr. Janku questioned whether there are plans to continue the program. Mr. Dudark thought Enterlight was looking into this possibility.
    Mr. John noted that the federal government enacted a bill that provides $5,000 to low income citizens for a total of 80,000 home purchases over the next two years. He wanted to make sure staff was checking into how the City can tap into this funding. Mr. Dudark acknowledged that staff is aware of this program and they are determining how the City can qualify to obtain some of these funds.
    The vote on R233-03 was recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R234-03     Authorizing an agreement with J-Quad & Associates, LLC for completion of a Housing Market Analysis.
    The resolution was read by the Clerk.
    Mr. Beck explained that the Housing Steering Committee is recommending J-Quad & Associates to perform the work at an estimated cost of $34,500. He said that $22,500 in CDBG funds will be used as well as $18,000 from local contributions.
    Mr. Ash asked if the Committee had input on the agreement itself or just in selecting the consultant. Mr. Dudark responded that the Committee had input on the scope of work as well as in the selection of the consulting firm.
    Mr. Janku was hopeful staff could obtain information from the University so the City will have an understanding of what they are doing both in terms of their construction plans and their projections for future enrollment and the associated impacts on supply and demand.
    The vote on R234-03 was recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R235-03     Approving a revision to the Preliminary Plat of Timber Ridge Plat 2.
    The resolution was read by the Clerk.
    Mr. Dudark explained this to be a revision of a plat the Council approved a few months back. The revision shows five fewer lots, which he said is better for the neighborhood.
    Mr. Hutton asked why the developer is constructing single family on R-2 zoned land. Mr. Dudark explained the developer chose to proceed with the project by covenant rather than rezoning the property because of the cost involved with the latter. Mr. Hutton remarked that the covenants could be forgotten 75 years from now. Mr. Dudark said that was always a possibility, the property would be in compliance with City Code if one of the lots is converted to a duplex. Mr. Hutton noted another alternative to be a Council initiated rezoning to R-1. Mr. Dudark agreed that could be done. Mr. Hutton indicated he will follow-up on the rezoning.
    The vote on R235-03 was recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R236-03     Supporting the expansion of the boundaries of the CenterState Transportation Development District.
    The resolution was read by the Clerk.
    Mr. Beck explained that the proposed expansion will add about 26 acres on the west side of US 63 to include all the Bass Pro area, while also accommodating what they plan in the way of road movement.
    The vote on R236-03 was recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON. 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:

B344-03     Rezoning property located on the northwest corner of Campusview Drive and Carter Lane from A-1 to C-P; approving the C-P Development Plan to be known as "First Met Mortgage."

B345-03     Rezoning property located on the southwest corner of North College Avenue and East Walnut Street (11 North College) from R-3 to C-2.

B346-03     Rezoning property located on the south side of East Walnut Street, approximately 280 feet west of North College Avenue (1208 and 1210 East Walnut) from R-3 to C-2.

B347-03     Granting a variance from the subdivision regulations regarding sidewalk construction along the east side of Sinclair Road, adjacent to Lots 125 through 130 in Heritage Meadows Subdivision, Plat No. 6.

B348-03     Approving the Final Plat of Kunzler Subdivision; authorizing a performance contract.

B349-03     Approving the Final Plat of First-Met Plat 1; authorizing a performance contract.

B350-03     Approving the Plat of Phi Kappa Theta Subdivision.

B351-03     Authorizing vacation of a utility easement located within Lot 2C1 of East Pointe Plat 2-C.

B352-03     Authorizing construction of water main serving Stonecrest, Plat 5.

B353-03     Authorizing relocation of water main along Rollins Road and Rothwell Drive.

B354-03     Amending Chapter 27 of the City Code to implement a net metering rate for electric service.

B355-03     Amending Chapter 27 of the City Code relating to the Super Saver Loan program.
 

REPORTS AND PETITIONS
(A)     Inter-Departmental Transfer of Funds.
    Report accepted.
 

(B)     Use of Downtown Sidewalks.
    Mr. Hutton made the motion that staff be directed to bring back legislation for Council consideration including the retention of Council oversight. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

(C)     Panhandling.
    Mr. Beck explained that the question has come up as to whether or not the City should enact a stronger panhandling ordinance. The issue was raised primarily because of some undesirable situations in the downtown area. It has been suggested that the Council adopt an ordinance similar to that of Denver, Colorado which is more restrictive to those soliciting money.
    Mr. Loveless made the motion that staff be directed to come back with legislation for Council consideration. The motion was seconded by Ms. Crayton.
    Mr. Ash wondered if the Police Department had been asked for their thoughts on the issue. Mr. Boeckmann explained that a copy was sent to the Police Chief and he had been fine with it. He was under the impression that some would prefer similar specifics in an ordinance. Mr. Ash asked if Mr. Boeckmann felt the proposed ordinance will not violate First Amendment rights. Mr. Boeckmann replied the Denver ordinance is similar to an Indianapolis ordinance which went to the Seventh Circuit Court of Appeals and it was upheld.
    The motion made by Mr. Loveless, seconded by Ms. Crayton, was approved unanimously by voice vote.
 

(D)     Proposed Use of SO2 Allowances for Boiler #7 Repairs.
    Mr. Malon explained that Boiler #7 has never had any extensive repairs, but the age of the unit is such that several boiler tube failures occurred this past summer. He explained the City is able to sell SO2 allowances every two years which generates about $1.5 million. He said each two-year project funds one-quarter of the work that needs to be done. The estimate is somewhere between four and six million dollars. Mr. Malon indicated this is a revenue stream the City is able to capture because of the low sulphur coal that is burned at the power plant which in turn generates excess SO2 allowances that we can sell. He related that staff believes the sale of the allowances will fund repairs of the boiler without impacting the electric rates.
    Mr. Ash asked about SO2 allowances. Mr. Malon explained that it is the sulphur dioxide that is emitted. He stated a certain number of tons is allocated to the City of Columbia Municipal Power Plant. He thought the City could emit up to 5,000 tons, but we emit much less than that. Mr. Malon reported there is a market for the allocations and the City transfers a few of them to Sikeston and Nearman each year.
    Mr. Hutton inquired what the City will use to get rid of the ash if we use the SO2 allowances for the repair of the boiler. Mr. Malon indicated that he had been assured by the power plant staff that it will be several years before the allowances will need to used in that way again. Mr. Hutton asked what will happen if the City experiences a major failure between now and the fall of 2009 with no financing in place, other than SO2 allowances. Mr. Malon responded if there is a futures market for some of the allowances, the City may be able to fund two projects immediately and accelerate the whole process.
    Mr. Loveless commented that he did not like the idea of the City selling someone else the right to pollute.
    Mr. Malon pointed out that there are groups that get together each year to buy the allowances just to take them off the market. He said they are gradually reducing the number of tons emitted. He explained the whole concept is to find ways to encourage cities, by providing this economic benefit, to overhaul older plants so they become more efficient.
    Mr. Janku understood the City is earning these credits by burning low sulphur coal for which we actually pay more. Mr. Malon agreed.
    Mr. Janku made the motion that staff be directed to prepare legislation authorizing the sale of SO2 allowances for Council consideration. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

(E)     Bicycle/Pedestrian Commission Report: Forum Boulevard at Hinkson Creek; Sewer Extensions and Trail Alignments/Easements.
    Mr. Patterson remarked that after he and his staff reviewed the report this morning, he instructed the street division to take inventory. He said these items will be addressed as part of ongoing maintenance. He thought the Council may wish to consider the suggestion that there be vertical delineators along the pathway on the bridge. Mr. Patterson stated the vertical delineators will make sweeping and keeping bike paths clean very difficult. They will also interfere with the street division's ability to remove snow in the winter. At the request of Mr. John, Mr. Patterson noted the bike paths were widened to six feet across the bridge about a year ago. He was informed the repairs to the pavement will be done this fall, as will the brush removal. He said that the street was last swept on October 10th and has been swept ten times this year.
    Mr. Janku commented that he had asked about an ordinance requiring the covering of loads so rocks do not fall off trucks. He thought that could help save money on street sweeping. It was pointed out that there may be such an ordinance currently on the books. Mr. Patterson said he will report back on the issue.
    With the bridge closed on the MKT Trail which is a major commuter route for many bicyclists, Mayor Hindman pointed out that many bikers will have to come up Forum and then down Stadium. He said this is a good time to pay particular attention to keeping those shoulders clean, both on Forum and Stadium.
    Regarding the sewer extension and trail issues, Mayor Hindman felt there should be a policy resolution drawn up for debate. Mr. Janku thought the Council had hit on something earlier this evening wherein as part of the report that comes forward on any sewer extension, that staff also evaluates the possibility of acquiring trail easements. If feasible, he said staff could look at appraisals and also identify funding sources.
    Mr. Beck wondered if there is no funding available for acquisition of trail easements, whether a sewer project will be delayed. Mr. Ash thought the language might have been a little strong.
    Mr. Hutton suggested the Council receive a preliminary assessment on the appropriateness of it, not just the practical nature of whether it is fiscally and physically possible. He did not envision a trail on every 80-acre sewer line. Mayor Hindman agreed -- he believed that the Grindstone sewer project, in the Lake of the Woods area, had brought the issue to the forefront. Mayor Hindman related that had the City acquired the trail easements, the trail could have been extended to this area.
 

(F)     Request by Residents of Walnut and Bicknell Streets for Speed Control Devices.
    Ms. Crayton made the motion that staff be directed to report back on the issue. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

(G)    East Campus Enforcement.
    Mr. Ash was appreciative of the report being generated, but he did not receive the report he had asked for. Ever since the University's implementation of Dry 2000, he said there have been a lot of parties, not just in the East Campus area. What he wanted was for staff to give him their perspective on some of the dilemmas and what could be done to make their jobs easier and what other college town police departments have done in similar situations. He said the report was more statistical than informational. Mr. Ash reiterated that he did not think the police department was doing a bad job, but he is looking for help in knowing how to respond to his constituents about the situation.
    Captain McCrary explained that Captain Schwartz wrote the report and she thought statistical information was what the Council was requesting. He was sure she could report back with more information.
    Mr. Janku noted the problem is nationwide and he said there may be answers in other communities. He suggested contacting the NLC and the group in town that is studying alcohol problems for their recommendations.
    Captain McCrary pointed out that the Community Action Team is working tenaciously in the East Campus area. The team is under his command and he explained that they have targeted the East Campus area for enforcement for the last several months. Although it is a continuing problem they have dealt with for years, Captain McCrary reported that the parties do not break up when two or three police officers show up. He said the Team has come up with some enforcement plans, some surprise enforcement, where several arrests are made each time the Team shows up. He said they will continue to work on the issue.
 

(H)     Economic and Fiscal Impact of Widening I-70 through Columbia.
    Mr. Beck explained that the report was questioning whether or not, Columbia, as a city, is adequately addressing the I-70 alternative situation. He questioned whether our specific city concerns are being adequately addressed in the overall study. Mr. Beck maintained the following issues should be considered: the economic impact on Columbia, the impact on the City budget, services available in the city, where current services could be relocated in the city, and the impact on the Convention and Visitors Bureau. He noted that MoDOT is planning to refine some of the alternatives they have been looking at some time in November. He said they have eliminated the bypass alternative. One alternative suggestion is to find a firm that would work with City staff in determining the impact of the I-70 alternatives being considered. Mr. Beck said this information could be referred back to MoDOT.
    Mr. Ash asked if Mr. Beck preferred the concept of hiring a consultant because of the lack of man hours for the Council to examine it themselves or because an outside consultant will have more expertise. Mr. Beck replied it was probably both.
    Mayor Hindman commented that during earlier discussions of this item, Mr. John had said that the market will take care of the bulk of the issue. He agreed with that in many ways, but he personally thought I-70 is so important to Columbia and because this project will have a permanent impact on the state, as well as the City of Columbia, that the Council owed it to residents to be as prepared as possible.
    Mayor Hindman made the motion that they follow the recommended action.
    Mr. Janku agreed with Mayor Hindman. He pointed out that he (Mr. Janku) serves on the Committee. He said there are a lot of good lay-people who serve as well and bring forth good ideas, but this Committee is not composed of professionals with the ability to evaluate the different issues associated with the widening project. He thought it will be helpful to obtain professional input, whether it be City staff or outside consultants. He thought it very important for the City to play a pro-active role. Mr. Janku suggested incorporating some evaluation on what the project's impact will be on the residential areas that are adjacent to I-70. He noted that the volume of traffic will go from about 60,000 per day to well over 100,000 per day, meaning there will be much more intense and long-term noise problems. Mr. Janku maintained the study has to include these neighborhoods and how they remain intact as quality neighborhoods.
    Mr. Janku made a friendly amendment to Mayor Hindman's motion that they include the impact on adjoining residential areas. Mayor Hindman agreed.
    Mr. John remarked there is no doubt, if and when I-70 is improved, that the impact will be extreme and very hard on many individuals. He indicated that he is not downplaying that aspect of the project at all, but added that the overall impact is that if a good transportation system is designed that allows traffic to flow smoothly and freely, this will be good for Columbia in general. Mr. John said those businesses impacted economically will move elsewhere and it will benefit everyone in the long-term.
    Mr. Loveless asked if the motion was to draw-up a request for proposal. Mr. Beck thought they would start out with an RFP. He said the group could then bring a report to the Council. Mr. Loveless understood they were looking for a staff report back to the Council on the feasibility.
    The motion made by Mayor Hindman, seconded and amended by Mr. Janku, was approved by voice vote.
 

(I)     Energy and Environment Commission Smoking Report.
    Mayor Hindman asked what the Board of Health is doing on this issue as opposed to what this Commission is doing. He wondered if they are overlapping efforts. Mr. Janku understood that the Health Director has been somewhat involved in working with the Energy and Environment Commission. Mayor Hindman commented that he prefers clarification on what the two groups are doing before expressing support. He agreed that something needs to be done, but wanted to know where everyone is coming from.
    Mr. Ash felt it would be a good idea for this issue to come through the Board of Health. Mr. Janku agreed the Board of Health should be involved. In speaking with Ms. Browning, Mr. Ash said she wants to play an active role in how this moves forward.
    Mayor Hindman made the motion that staff be directed to report back on what the two groups are doing. The motion was seconded by Mr. Janku.
    Mr. Loveless stated he also wants clarification on what the Energy and Environment Commission is actually requesting in the way of Council support.
    The motion made by Mayor Hindman, seconded by Mr. Janku, was approved unanimously by voice vote.
 

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

COMMUNITY DEVELOPMENT COMMISSION
Dirks, Michael R., 1200 St. Christopher, ward 4 - term to expire 11/1/06
Johnston, David A., 2701 Chambray, Ward 5 - term to expire 11/1/06 (at-large)

BOARD OF HEALTH
Khan, Fazle N., 1610 Birmingham, Ward 5 - term to expire 8/31/05 (layperson)

NEW CENTURY FUND
Ott, John E., 212 Bingham, Ward 5 - term to expire 9/30/04
Pfeffer, Walter L., 1405 Overhill, Ward 4 - term to expire 9/30/04

MAYOR'S PHYSICAL FITNESS & HEALTH COMMITTEE
Beach, Becky, 2302 Memorial, Ward 6

SUBSTANCE ABUSE ADVISORY COMMISSION
Priesmeyer, Joseph M., 2003 Crestridge, Ward 4 - term to expire 10/31/06
 

COMMENTS BY STAFF, COUNCIL AND PUBLIC
    Mr. Loveless thought there to be a good deal of merit to what has been brought forward by the Special Business District regarding downtown demolition.
    Mr. Loveless made the motion that staff draft the appropriate legislation in the vein of the preservation ordinance examples supplied to the Council by the SBD, and further, that a moratorium be declared. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

    Mr. Loveless asked about the status of the non-emergency number concept, i.e., 3-1-1. Mr. Beck replied that it had been discussed today at a staff meeting, and more information is forthcoming.

    Mr. Loveless inquired about the possibility of utilizing street meters where there is one placed on each block. Mr. Patterson replied that staff is awaiting more information on the issue before reporting back to the Council. He said they are putting in the card system which uses magnetic cards, but will report back on the other when the information is received.

    Mr. Hutton brought up the zoning issue relating to the approval of the Timber Ridge preliminary plat which was amended earlier. If the only problem with it not being rezoned to R-1 is the cost, he had no problem proceeding with a Council initiated rezoning wherein the City absorbs the cost for such. He asked about the best way to move forward. Mr. Boeckmann explained that a complicated procedure is set out in Chapter 2 which starts off with a report from the Planning Director.
    Mr. Hutton made the motion that staff be directed to begin the procedure after contacting the landowner. The motion was seconded by Mr. John and approved unanimously by voice vote.

    The meeting adjourned at 9:20 p.m.

    Respectfully submitted,

    Penny St. Romaine
    City Clerk