M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
AUGUST 6, 2001
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:10 p.m. on Monday, August 6, 2001, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON and JANKU 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 July 16, 2001, were approved unanimously by voice vote on a motion made by Mr. Coffman and a second by Ms. Crayton.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mayor Hindman noted that B229-01 and B244-01 would be taken off the Consent Agenda and placed under Old Business. He also pointed out an addition to Reports and Petitions, Report F.
    Upon his request, Mr. Janku made the motion that Mr. John be allowed to abstain from voting on B240-01. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    The agenda as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Loveless and a second by Ms. Crayton.

    Mayor Hindman welcomed Scout Troop 25 from Grace Bible Church.
 

SPECIAL ITEMS
Distinguished Budget Award.
    The City Manager and the Finance Director joined Mayor Hindman at the podium. He presented the Distinguished Budget Award to them. Mayor Hindman explained the award and noted that this is the fourth consecutive year the City has received it. In addition to the award, he presented Mr. Beck with a Certificate of Recognition for Budget Preparation.
 

SCHEDULED PUBLIC COMMENTS
1.     Gary Taylor & Trish Blair - Appreciation for iodized salt.
    Trish Blair thanked Mayor Hindman, the City Council and all of the wonderful citizens of Columbia for their salt contributions during the Columbia Cares for Kutaisi Campaign. She noted that during the 31-day period, 161,588 pounds of iodized salt had been collected. Dr. Blair recognized Alexander Chavadze and explained that he would be returning to Kutaisi in the morning. She also introduced Sofia Nickolishivili, a student from Kutaisi who arrived late last week to pursue graduate work at the University this fall. While the two visitors thanked the community for their contribution of salt to Kutaisi, members of the Board distributed t-shirts to Council members as a token of their appreciation.
    Mayor Hindman thanked our visiting friends from Kutaisi and members of the Board.
 

2.     Hal Logan - Douglass High School Class of 1957.
    Hal Logan, Vice-President of the Class of 1957, thanked the Council for their support in helping ensure their successful reunion activities. Mr. Logan explained this past weekend had been the 15th reunion for the group as they get together every three years. He passed out t-shirts to the Council in commemoration of the weekend. Mr. Logan also introduced a former classmate, Bill Crum, who was also present.
    Mr. Beck noted that Mr. Crum is a long-time City employee and thanked him for his service.
 

PUBLIC HEARINGS
B235-01     Amending Chapter 23 of the City Code relating to sign regulations.
    The bill was given second reading by the Clerk.
    Mr. Beck explained this issue had been brought to the Planning and Zoning Commission because of a sign on West Broadway which appeared to be larger than what had been anticipated. He said this amendment would define pylon and monument signs, and revise the height, area and type of free-standing signs allowed for non-residential uses (i.e., churches and day care facilities) in residentially zoned districts.
    Mr. Dudark explained that the proposed amendment would target signage requirements in residentially zoned neighborhoods for non-residential buildings and homes that have been converted to a business use. He noted a smaller monument sign, no more than 16-square feet, would be permitted for structures that had previously been a residential home. Institutional buildings would be allowed larger signs, 32-square feet with a six-foot height limitation.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. John noted that the proposed dimensions for the pylon sign limit the width to only one-third of the height. He remarked with that language, a six-foot high sign can only be two-feet wide. As the height of the sign is reduced, it actually gets narrower so that the sign contains less and less square footage. Mr. John proposed that the definition of the pylon sign be changed slightly to allow it to be two-feet wide or one-third the height, whichever is greater, so that between six-feet and four-feet, the sign could be at least two-feet wide.
    Mr. Dudark saw no problem with Mr. John's proposed amendment.
    Mr. John made the motion that B235-01 be amended per his stated recommendation on the minimum width of a pylon sign. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    B235-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B240-01     Voluntary annexation of property located generally south of I-70 and east of the city limits;
                   establishing permanent zoning.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained that this request for annexation includes several tracts of land. He pointed out that zoning is being requested concurrently with the annexation on Tracts A, F-1, F-2, F-3, F-4 and G. The unanimous recommendation by the Planning and Zoning Commission on the first four tracts is to approve the requests as follows: R-1 on Tracts A and F-1, R-2 on Tract F-2 and C-P on Tract F-3. Regarding Tracts F-4 and G, Mr. Dudark reported the Commission recommended something different than what was requested by the applicant. He noted the current zoning in the county on Tract F-4 is general commercial on the western portion of the property, and general planned commercial on the eastern half. The Commission is recommending C-P zoning for the entire tract. In addition, the existing county zoning on Tract G is MLP (light manufacturing planned district). Again, the Commission is recommending planned commercial rather than the requested C-3 zoning. Mr. Dudark commented the Commission narrowly approved their recommendation on Tracts F-4 and G by a vote of 4 to 3.
    Mayor Hindman opened the public hearing.
    Tom Mendenhall, 2909 Falling Leaf Lane, an owner in the Lake of the Woods South Partnership, said one of the biggest issues faced in developing the property involves running a sewer line to the area so the project can be environmentally sound. He believed their plan was a good one. He pointed out that C-P zoning is being requested on the tract that borders the adjacent neighborhood, and a berm has already been constructed there. Mr. Mendenhall noted that the owner of Tract H is also requesting annexation, and he is in support of this request.
    John Bomar, President of Lake of the Woods Neighborhood Association, 376 N. Sequoia, explained that residents have had an open dialogue with the Lake of the Woods Corporation. He said the group has done everything asked of them and the only remaining concern relates to traffic. As things progress, Mr. Bomar was hopeful the traffic issue would be studied from all angles.
    Cullen Cline, an attorney with offices at 806 Locust, spoke on behalf of Garry and Brenda Lewis, owners of Tract G. He said that Mr. Lewis has a long record of tasteful and aesthetically pleasing developments. He thought the request for C-3 to be reasonable for the area.
    Laura Kabrick, a board member of the Homeowners Association, 479 Crater Lake Drive, voiced her concern about the traffic issue. She asked the Council to proceed with caution.
    Chip Cooper, 500 Longfellow, spoke on behalf of the Pednet Coalition. He stated that approval of this ordinance would necessitate the construction of a trunk sewer line costing more than $3 million. He understood the majority of the sewer will run through property slated for construction of a nature trail as reflected in the City's Greenbelt Plan, the CATSO Bicycle/Pedestrian Plan and the Pednet Master Plan. Mr. Cooper was disappointed to learn that while there are plans to quickly acquire sewer easements for construction of the trunk sewer line to enable major development, there are no plans to simultaneously acquire trail easements to satisfy recreational and transportation needs of the people in northwest Columbia. He believed an opportunity was being missed to inexpensively implement other public objectives. Mr. Cooper also believed the citizens of Columbia would be more tolerant of the growth and traffic congestion this sewer line will enable if there were a simultaneous improvement in the quality of life that convenient access to a beautiful nature trail represents. He thought the City should balance the concept of growth within the concept of development of the quality of life in every possible situation. Mr. Cooper noted the group is not opposed to the annexation, the sewer line, or the development, but asked that the current planning for the sewer line take into account the likelihood the City's plans for a trail. He suggested the Council consider adopting a policy that requires all relevant sewer projects to be coupled with the development of a nature trail in order to cost effectively and expeditiously implement a planned greenbelt trail network.
    Chad Sayer, Allstate Consultants, 3312 LeMone Industrial, spoke on behalf of Lake of the Woods South Partnership. He said the partners have already agreed with the City in relation to the applicant's funding of a comprehensive traffic study in the area. He pointed out they have also agreed to certain traffic improvements as part of the plat in the County, and they will remain flexible as development progresses within the City.
    Mayor Hindman closed the public hearing.
    Mr. Hutton indicated he would prefer to see planned zoning on the two tracts, but as a good portion is already platted and zoned open commercial and light industrial, the alternative being presented is not an unacceptable alternative. He thought he could support the proposal as is.
    Mr. Janku agreed with Mr. Hutton. He believed the neighbors were justified in their concerns about traffic issues, but those issues could develop with the existing zoning in the County. Mr. Janku thought the development would be of a higher quality if the property in question is annexed into the City.
    B240-01 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSTAINING: JOHN. Bill declared enacted, reading as follows:
 

B241-01     Authorizing construction of water main along Kentucky Boulevard and Richmond Avenue from
                   Providence Road to Rollins Road.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the project involves replacing an older four-inch water line with an eight-inch line. The improvement is estimated to cost $136,875 which will be paid for out of Water and Light funds.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B241-01 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B242-01     Authorizing construction of water main along Keene Street at St. Charles Road.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this relocation project is necessary to build a storm sewer. The project consists of relocating 100-feet of 12-inch water line at an estimated cost of $12,000.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B242-01 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B243-01     Authorizing construction of water main along Spruce Drive from Oakland Gravel Road eastwardly
                   to cul-de-sac.
    The bill was given second reading by the Clerk.
    Mr. Beck noted this project would be done in conjunction with the improvement project on Spruce Drive. It consists of replacing a six-inch line with an eight-inch line at an estimated cost of $55,750 to be paid from Water and Light funds.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B243-01 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

(A)     Storm drainage improvements to the Hardin Street - Donnelly Avenue area.
    Item A was read by the Clerk.
    Mr. Patterson explained that this is the second phase of the Donnelly, Hardin and Mikel project (the first phase was completed in 1997). The work will consist of upgrading an existing storm drainage system that has deteriorated and is undersized which has caused flooding to the street and three homes in the area. The estimated cost of the project is $229,200 and will be paid for from storm water utility funds. Mr. Patterson reported plans were developed through communication and input from the neighborhood. He noted this is one of the priority projects identified at the time of the storm water ballot issue.
    Mr. John commented that this project will affect much more than just the three houses that have experienced basement flooding. Mr. Patterson agreed.
    Mayor Hindman opened the public hearing.
    There being no comment, Mayor Hindman closed the public hearing.
    Mr. Hutton made the motion that staff be directed to proceed with the project. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

OLD BUSINESS
PR147-01A     Reconfirming the policy of the City Council to make Columbia a pedestrian/bicyclist/persons
                        with disabilities friendly community.
    The policy resolution was given second reading by the Clerk.
    Mayor Hindman agreed with the policy and noted the long list of projects that have been completed by the City in relation to this issue.
    The vote on PR147-01A was recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Policy Resolution adopted, reading as follows:
 

B229-01     Confirming the contract for the construction of Sanitary Sewer District No. 152; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Loveless asked about the interest rate set on the repayment of notes. He pointed out that the rate on the nuisance bill is eight percent while the rate on this project is set at nine percent. Mr. Boeckmann replied nine percent has been the standard rate set out in the ordinances in regards to tax billing for several years, but the state statute on weeds allows eight percent. In drafting legislation, he wanted to be consistent with the nuisance for eight percent, but said the Council is free to change anything but the statutory eight percent.
    Mr. Loveless asked about the not to exceed amount per square foot on this bill. He noted it is different from that for another sewer district project on the agenda. Mr. Patterson responded the not to exceed amount is based on the size of the project and its estimated cost. He said the key is that at the end of the project, the City cannot bill more than the amount established in the ordinance, or the actual cost of the project if it is less. Mr. Patterson pointed out a discrepancy on the bill being introduced tonight which will be corrected before the next meeting.
    Mr. John understood that the City actually funds half the cost on projects such as this with the residents paying the other half. Mr. Patterson said that was correct. He stated that practice had been modified even further last year when the Council established a cap of $5,000 on the resident's repayment portion of such a project.
    Mr. Janku commented that when the City subsidizes some of the costs for infrastructure improvements, it does provide a disincentive for residents to obtain a lower interest rate somewhere else.
    B229-01 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B231-01     Amending Chapter 14 of the City Code to prohibit parking along a portion of the east side of
                   Nelwood Drive between Vandiver Drive and Calvert Drive.
    The bill was given second reading by the Clerk.
    Mr. Beck explained this amendment would remove 160 feet of parking along the east side of Nelwood Drive so trucks coming out of Calvert Drive would be able to make the turn without running over the curb. He noted all property owners have been notified of this proposed amendment.
    Mr. Janku was concerned about the proximity of this section of street to Columbia Entertainment's facility. Mr. Loveless responded after looking at it, he thought this was beyond the area where patrons normally park.
    B231-01 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B232-01     Authorizing acquisition of easements necessary to construct the Upper Hinkson Creek Outfall
                   Relief Sewer Project.
    The bill was given second reading by the Clerk.
    Mr. Beck indicated the additional easements are needed because the proposed sanitary sewer alignment was altered to avoid conflict with Sherman's Dam on the Stephens Lake property. The dam was constructed in 1894 and was Columbia's first municipal water supply.
    Mayor Hindman regretted that when the Council authorized the acquisition of the easement for this sewer, they had done so without requiring that a trail easement be obtained along with it. He said the Council could discuss a policy in regards to this issue later.
    B232-01 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B233-01     Calling for bids for sidewalk improvements along portions of Eighth Street, Walnut Street and
                   Seventh Street.
    The bill was given second reading by the Clerk.
    Mr. Beck noted the continuation of upgrading sidewalks in the CDBG area has been discussed with the Council. He reported the project will eliminate steps in two areas, as well as authorizing the removal and replacement of sidewalks along the police building on both Seventh and Walnut and the canopy to the parking plaza.
    B233-01 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B236-01     Granting a variance to the Subdivision Regulations so that sidewalks shall not be required along
                   street frontages on Lot 2 of Crossroads North Subdivision.
    The bill was given second reading by the Clerk.
    Mr. Beck explained the location as the southwest corner of 763 and Vandiver, the site of a proposed Waffle House Restaurant. He was concerned about the amount of pedestrian traffic in the area.
    Mr. Dudark explained that this is an existing platted lot having two street frontages. The Planning and Zoning Commission recommended denial of the sidewalk variance on Vandiver because it is an improved street with curb and gutter. The Commission believed a sidewalk is feasible in this location with about six feet between the curb and the property lines. The other frontage is on Rangeline (State Route 763) which is an unimproved roadway. Mr. Dudark said there had been quite a bit of debate in regards to this request because of the varied terrain, an open ditch that would require a drainage pipe and backfilling, and the possible construction of a retaining wall on the property side of the sidewalk to stabilize the ground there. Not knowing at this point which side of Rangeline a sidewalk system would be installed, he said the Commission is recommending payment in lieu of construction for that frontage.
    Diedre Joiner, spoke on behalf of the Waffle House Company, 5986 Financial Drive, Norcross, Georgia. In order to give the City enough time to study the issues, she offered a contribution to the entire project allowing the City to proceed with the construction of sidewalks along both street frontages at some future date.
    Chad Sayer, Allstate Consultants, 3312 LeMone, offered to answer any questions.
    Mr. Janku indicated he looked at the site and did not think it would be difficult to construct walks in this area. He thought the Council needed to make it clear that sidewalks are going to be required as a part of new construction. Mr. Janku noted there is heavy pedestrian traffic on both sides of the street. He will not support this variance request.
    Mayor Hindman agreed with Mr. Janku's assessment in regards to pedestrian traffic. He noted the significant footpath that has been created on Rangeline from Business Loop 70 to Vandiver.
    B236-01 was given third reading with the vote recorded as follows: VOTING YES: NO ONE. VOTING NO: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. Bill defeated.
 

B238-01     Approving the final plat of Barberry Estates, Plat No. 1; granting a variance to the Subdivision
                   Regulations relating to sewer lines; authorizing a performance contract.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this plat would create an A-1 zoned lot for an existing single-family residence and waive a sewer line to the property.
    Mr. Dudark explained that the existing home is served by a septic tank and a tile lateral field. The nearest City sewer is uphill, about 400 feet away. Prior to the sale of the property, the septic system was inspected and found to be satisfactory. If a City sewer were to be required, it would be expensive to install a grinder pump and low force main. The recommendation is to approve the plat with the variance to the City sewer connection. Mr. Dudark reported a City sewer line would have to be installed for any new construction on the other lot.
    Mr. Boeckmann stated that the ordinance as prepared would grant a variance from the sanitary sewer for the property, which he perceived would include the entire subdivision. He suggested an amendment making the variance only for the one lot.
    Mr. Patterson explained that there had been a plan for a sewer district that included this property a few years ago, but it was never formalized because an agreement could not be reached amongst all of the property owners. He remarked that should this septic system fail, the City has the ability to go in and build a sewer district to correct the problem.
    There was some discussion as to whether or not the variance would be for the existing home or for the entire plat. Mr. Patterson and Mr. Dudark concurred that the variance was for Lot 1 only.
    Mr. Loveless made the motion that B238-01 be amended by deleting the last two words "the property", and adding "Lot 1 of the subdivision" in lieu thereof to Section 3. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
    Mr. John said he was satisfied with the amendment, but wondered if the entire tract was not always one lot and is being platted now for some reason.
    B238-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B244-01     Authorizing an agreement with R. W. Beck for evaluation of power supply; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Coffman explained that he had asked that this bill be removed from the Consent Agenda because there are individuals from the public who want to testify on the issue. He said while the opportunity is being taken to ask a consultant to evaluate different options and alternatives relating to power supply, it is thought the report should also examine whether or not there are any feasible renewable options. He believed this suggestion is being triggered by the Westin Bend Plant, a very large coal plant. Mr. Coffman spoke about his proposed amendments to the agreement that would add to the consultant's scope of work in regards to the minimization of potential revenue requirements to include the examination of such balanced against environmental impacts, and perhaps demonstrate what other options might exist. Mr. Coffman pronounced his interest in what renewable sources of energy might be available and the cost for such.
    Mr. Coffman made the motion to amend Attachment A, page 10, line 4, "Scope of Basic Services," by deleting the following language "minimize potential revenue requirement impacts" and replacing it with "strike a balance between minimizing potential revenue requirement impacts and minimizing environmental impacts." He also motioned to amend Attachment A, after subheading 4 (iii), to add a new subheading (iv) Alternative or renewable resources. The motion was seconded by Mayor Hindman.
    Mr. Malon indicated with the Council's amendment to the contract, he will need to contact R. W. Beck and determine whether they want to modify the price, among other things. He expressed concern about Mr. Coffman's statement regarding total environmental impact. Mr. Malon remarked that staff has no problem looking at renewable resources, and they have tried to do that in several instances. Unfortunately, a premium has to be paid to do that. He reported in past surveys, people have indicated they do not want to pay a premium. Another concern expressed by Mr. Malon was his uncertainty as to whether the transmission requirements to move the energy from there (Westin Bend project) to Columbia will be prohibitive and kill the project. He explained that we have an 80 megawatt shortfall coming up. He remarked this is base energy -- the base that runs 24-hours a day to feed the City. While there may be some alternatives that can be mixed and matched to help that, Mr. Malon indicated that the Council should remember that a reliable low cost source is needed for our base.
    Mr. Janku pointed out that a large part of this is to replace energy the City is already purchasing from, in this case, Ameren UE. He said some of it would be new energy in a sense that it could be used for increased demand, but a lot of it is to meet existing demand. Mr. Malon stated he was sure Ameren would be delighted to continue selling energy to us, but the question is price, terms and conditions, which are not what they were when this deal was worked out. He commented that renewing the agreement with Ameren UE may turn out to be the best arrangement.
    Mr. Coffman asked about cost analysis and what type of environmental compliance the consultants would consider (i.e., current compliance or whether they look at potential changes in environmental law). Mr. Malon responded if they look at a new facility, the consultants would know what the current requirements are. He acknowledged that laws change as generating devices are built, but they do not go back and retrofit them to the previous units.
    Mr. Hutton believed the Council could not approve the contract at this point if the costs are unknown. There was discussion as to whether the bill should be tabled to the next meeting.
    Mr. Coffman said he would be open to alternative language.
    Mr. Loveless favored the idea of finding out what energy produced from green sources might be available. He asked Mr. Coffman if the Council did not amend this contract, whether he would be satisfied with staff preparing just a study proposal to specifically address those options. Mr. Coffman said he was interested in comparing the costs. Mr. Janku thought it would be better to stay with one consultant. He said this consultant could probably do it quicker and keep it on track as opposed to going through the process of identifying other people.
    Regarding the proposed amendment to add the subheading relating to renewable resources, Mr. John asked whether all alternative resources might be considered renewable, but still might be more valuable or a better resource than some others. Mr. Coffman responded it could be alternatives to the other three items. He indicated that he was amenable to alternative or renewable as a friendly amendment.
    The vote on the motion to amend the contract, made by Mr. Coffman, seconded by Mayor Hindman, further amended by Mr. John, was approved unanimously by voice vote.
    Mr. Malon asked what was meant by striking a balance. Mr. Coffman explained it was his hope the City would consider both the revenue requirement for each option as well as the environmental impact. Mr. Malon pointed out that figuring the environmental impact alone could be a major study. Mr. Coffman indicated he was not strictly committed to his proposed language and, if in conjunction with R.W. Beck the staff is able to come up with something similar, that would be great.
    It was proposed to table the issue to the next meeting so that a report could be prepared in regards to financial obligation.
    Ken Midkiff, Director of the Sierra Club of Missouri, voiced concern about the Westin Bend plant and the City of Columbia opting into it. He stated that the Club wanted to go on record as being opposed to any consideration to boost electricity by the use of coal-fired power plants. He urged the Council to find clean and sustainable sources of electricity so that the City's dependence on coal-fired sources could be phased out. Mr. Midkiff shared his views about the environmental and human health impacts of coal-fired plants.
    Mark Haim, 1402 Richardson, thanked the Council for adopting Mr. Coffman's amendment. He discussed global warming and greenhouse gases. He noted that many Columbians are concerned about these issues. Given the choice, Mr. Haim thought many residents would like to have the option of buying green power, even if it might be slightly more expensive.
    Norman Lenhardt, 1118 St. Christopher, a member of the League of Women Voters Committee on Energy and Environment, thought going with a coal plant was the wrong thing to do. His suggestion was wood fuel and the encouragement of solar efficient homes.
    Mr. John made the motion that B244-01 be tabled to the next meeting. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

B247-01     Amending Chapter 13 of the City Code relating to manufactured or mobile home land lease
                   communities.
    The bill was given second reading by the Clerk.
    Mr. Coffman explained that he requested this amendment, however, Mr. Boeckmann raised a legal issue with which he disagrees. He stated that Mr. Boeckmann thought that the amendment would be in direct conflict with state statutes. Mr. Coffman remarked that he proposed the suggested changes because of the two mass evictions of manufactured home parks that had occurred in his ward over the last couple of years. He commented that these individuals are homeowners, and state law already recognizes that these tenants are different from typical renters in that the law requires at least 60 days on eviction notices. He said the folks who live in mobile home communities are usually of limited means and it is hard for them to get money together in a short period of time to pay the associated costs of moving their home. In fact, Mr. Coffman learned that these costs went up when the mass evictions occurred.
    Mr. Coffman clarified the proposed amendment would only apply in situations where there is a change in the land use. He acknowledged this may not have necessarily applied to the recent Cedar Oak situation where the owner has not yet said the eviction was based on a change in land use. However, Mr. Coffman thought it would have applied to the Walnut Woods situation two years ago. He believed an eviction notice of 180 days is reasonable.
    Mr. Janku commented that the underlying zoning of the Walnut Woods property had been R-3, which permitted the construction of the current apartment complex. He asked whether an R-3 development could be constructed on property that is zoned RMH. Mr. John commented that all of the mobile home parks would be considered nonconforming uses at this point unless they are specifically zoned RMH. He said the Walnut Woods land was not zoned, but annexed into the City. Mr. John did not think one could put a residential manufactured home on an R-3 piece of ground anymore. Mr. Janku spoke about the amendment to the zoning ordinance a few years ago that required individual notification of people who live either in apartments or mobile home parks. Previously, the properties were only posted and it was thought some residents would not see it. Mr. Janku asked if there was any sense about how many developments currently exist to which Mr. Coffman's amendment would apply. Mr. Dudark noted that there are grandfathered mobile home parks located in various zoning districts -- R-3, commercial, etc. He indicated there are very few that actually have RMH zoning.
    Mr. Coffman pointed out that the ordinance makes it clear that someone could be evicted for nonpayment of rent under the 60-day notice.
    Mr. John noted the difference between an apartment renter and a land lease; but on the other hand, he said the person owning the manufactured home could leave in 30 days and the landowner would be left sitting high and dry on the spot. He stated both the landowner and the tenant are on a 30-day notice to each other.
    Mayor Hindman agreed that 60 days is not enough notice for someone owning their own home. He proposed the answer might be to compromise on the time limit. Mr. Coffman recognized there was room for compromise and suggested that four months might be enough time.
    Regarding Mr. Janku's question about current zoning on existing parks, Mr. John believed the amendment would be effective if it applies to a number of mobile home parks. He suggested tabling the issue so that staff could prepare a report on the underlying zoning on the residential manufactured home parks in the City. Mr. Coffman supported the idea if the Council could receive some analysis from staff about what the situation is regarding the parks, and some facts and data involving it. He wanted the staff to think creatively to determine if there is a way to achieve the end result without raising the issue of state pre-emption. Mr. Hutton added that he also wanted the analysis to include a definitive answer on the legality of the matter.
    Mr. John made the motion to table B247-01 to the next meeting. The motion was seconded by Mr. Janku, amended by Mr. Coffman and Mr. Hutton, and approved unanimously by voice vote.
 

B248-01     Amending Chapter 11 of the City Code as it relates to nuisances.
    The bill was given second reading by the Clerk.
    Mr. Beck noted the Council discussed the development of an ordinance that would allow more timely enforcement of neighborhood problems. He stated that several departments have worked on the proposed amendment, although it will primarily be administered by the health officer. Mr. Beck explained that if the amendment is adopted, staff may need to monitor whether there is enough money to administer the program without having to hire additional personnel.
    Ms. Browning said the ordinance would allow her department a process in which staff can abate nuisances following very specific guidelines. In addition to the abatement process for typical weeds and general nuisances, the amendment also provides the impetus for abating unlicenced vehicles as well. Ms. Browning reported the aesthetics ordinance violations would be moved under the nuisance ordinance so they could abate them also, if needed. She indicated the whole process will be much quicker -- instead of an eight to ten week time frame to get to Municipal Court, the typical weed violation could be abated within three weeks, maybe less.
    Mayor Hindman asked if overhead costs would be calculated into the tax bill for abatement. Ms. Browning said it would be, but she anticipated that they cannot always recover the entire cost of abating nuisances. She estimated her department would abate 100 to 150 cases per year at a cost of approximately $6,000. Ms. Browning noted that a half-time position had been included in her budget.
    Mr. Janku asked that at some point he would like to know the type of things that are generating complaints which are outside the scope of the current ordinance. Ms. Browning explained that there is a very specific list of what falls under the aesthetics ordinance.
    Mr. Loveless asked that the City be consistent with the interest rate charged on tax bills. In relation to the section of the ordinance pertaining to vehicles, he pointed out that he found no reference to unmotorized junk-filled trailers, and asked that they be covered in the ordinance. Also in this section, Mr. Loveless noted that vehicles in noncompliance are given a 30-day abatement period, whereas five days are given for weeds. He asked about the discrepancy. Mr. Boeckmann replied that state statutes specifically delineates four days for weeds. In regards to Mr. Loveless' question pertaining to the difference in interest rates charged, Mr. Boeckmann stated that the state statute on weeds stipulates an eight percent interest rate. On the 30 days for vehicles, Mr. Boeckmann said that falls under the State Administrative Procedure Act.
    There was a discussion about adding the word "trailer" under Section 11-262. Mr. Boeckmann said he would could come back with suggested language. It was decided that the Council would vote on the ordinance as is this evening, and amend it further at the next meeting.
    B248-01 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. 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.

B230-01     Authorizing a right-of-use permit with the University of Missouri to allow construction of an
                   underground utility tunnel in the Rollins Street and Maryland Avenue rights-of-way.
B234-01     Authorizing application and acceptance of a Transit Operation Grant from the Missouri Highway
                   and Transportation Commission.
B237-01     Approving the final plat of West Vandiver Industrial Park Plat 2; authorizing a performance contract.
B239-01     Approving the final plat of Parkade North Plat 12-B; authorizing a performance contract.
B245-01     Appropriating funds for the Columbia Values Diversity Celebration.
B246-01     Appropriating funds for CARE Program activities.
B249-01     Levying special tax assessments for weed nuisances.
R148-01     Setting a public hearing: property tax rates for 2001.
R149-01     Setting a public hearing: FY 2002 Budget.
R150-01     Setting a public hearing: annual sidewalk construction.
R151-01     Setting a public hearing: voluntary annexation of property located on Riviera Drive, approximately
                   200 feet west of Langham Drive.
R152-01     Setting a public hearing: construction of sanitary sewers in Sewer District No. 156.
R153-01     Setting a public hearing: construction of water main along Audubon Drive from Mallard Court to
                   North Azalea.
R154-01     Setting a public hearing: construction of water main along Court Street from Paris Road to Hickory
                   Street.
R155-01     Authorizing an agreement with Cerini Investments, Inc. for operation of a baggage delivery service
                   at Columbia Regional Airport.
R156-01     Authorizing an agreement with the Missouri Department of Health for the Breast and Cervical
                   Cancer Control Program.
R157-01     Authorizing an agreement with classic Balloon Events, Inc. for assistance with the US Cellular
                   Balloon Classic.
R158-01     Authorizing an agreement with Russell-Marti Conservation Services, Inc. to perform a conservation
                   assessment of the Martin Luther King, Jr. Memorial.
R159-01     Accepting sewer and conservation easements from the Provident Group.

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

NEW BUSINESS
    None.
 

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

B250-01     Calling for bids for construction of the Upper Hinkson Creek Outfall Relief Sewer.
B251-01     Authorizing acquisition of easements necessary to construct improvements on I-70 Drive
                   Southwest from Business Loop 70 westwardly to West Boulevard.
B252-01     Authorizing an agreement with Missouri Department of Natural Resources for storm water grant;
                   appropriating funds.
B253-01     Levying special tax assessments for weed nuisances.
B254-01     Approving engineer's final report; accepting a deed of dedication; authorizing payment of differential
                   costs for water main serving Springdale Estates, Plats 6 & 7.
B255-01     Accepting easements for utility purposes.
B256-01     Authorizing construction of water main along Audubon Drive from Mallard Court to North Azalea.
B257-01     Authorizing construction of water main along Court Street from Paris Road to Hickory Street.
B258-01     Authorizing the award of four contracts for design contributions for the Eighth Street Master Plan;
                   appropriating funds.
B259-01     Approving the final plat of C-K Place, Plat 2, a Replat of part of C-K Place Subdivision.
B260-01     Amending Chapter 14 of the City Code relating to parking rates and hours.
B261-01     Setting property tax rates for 2001.
B262-01     Adopting the FY 2002 Budget.
 

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

(B)     Sixth Street sidewalk report.
    Mayor Hindman made the motion that staff be directed to proceed with the development of final plans for the asphalt sidewalk as described. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

(C)     Rezoning fees with voluntary annexation.
    Mr. Janku asked what costs were included in the annexation process. Mr. Dudark said if development is anticipated, there would be survey work, engineering, platting, etc. He said the zoning fee is relatively small when looking at all of those things. If the property is already developed, those expenses would not be incurred. In addition, Mr. Dudark indicated that if the requested zoning was for R-1, there would be no fee.
    Mr. John thought it would be helpful if the City tried to bunch annexations up like we do for the Council initiated downzonings in the Benton-Stephens area. He said on some of the single lot homes that adjoin the City, it might be interesting to figure their property tax savings if they were to annex and send the homeowners a letter.
    Mr. Loveless made the motion that staff be directed to prepare the necessary legislation. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

(D)     Street closure request - Earth Day 2002.
    Mr. Coffman made the motion that the request be approved as written. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

(E)     606 West Worley.
    Report accepted.
 

(F)     Boone Home Renovations.
    Mayor Hindman made the motion that the staff be directed to readvertise for bids. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

BOARDS AND COMMISSIONS
    None.
 

COMMENTS OF COUNCIL, STAFF, AND PUBLIC
    Ms. Crayton reminded everyone of the Third Annual March Against Crime and Drugs on Tuesday evening. She invited everyone to join in the march.
    Regarding the easements for the improvements at I-70 Drive and Business Loop 70, Mr. Janku said he was not interested in slowing down the project, but thought it would be helpful if it could be made more clear as to whether or not a right turn can be made.
    Referring to weed nuisances, Mr. John remarked that there used to be something in the ordinance about plantings of an ornamental nature. He had not seen this section when they were discussing the amended ordinance earlier. He was not sure how the City gets away with having the entire Hinkson Valley covered with weeds. Mr. John reported that many people in the Fifth Ward question the practice of maintaining weeds in that location. He remarked that he saw no definition for "natural areas" in the ordinance. Mr. Boeckmann said the issue of trying to define a natural area, as well as where one could be located, has been kicked around for several years. He has looked at different ordinances from other cities and found there is no good way of dealing with it. There was a discussion about the definition of a weed.
    Mr. Janku believed they were relying largely on staff's discretion. He had found that to work in the past.
    Mr. Coffman noted a staff report to the Planning and Zoning Commission regarding the recent Rock Quarry Road issue where possible alternatives for the area were listed. He said it specifically referred to vacant R-2 and R-3 property on the east side of Rock Quarry Road, north of Riback Road. An option listed was City-initiated downzoning of the property to R-1. He expressed an interest in pursuing the idea. Mr. Coffman indicated that he spoke with the property owner, and they are in favor of the idea. Mayor Hindman asked if he was suggesting the City do it. Mr. Coffman replied affirmatively. Mayor Hindman stated he would feel more comfortable if the property owner initiated the process.
    Mr. Dudark said the owner in this case was trying to step forward in order to set a pattern for some downzoning in the area. He said the report suggested that there be a wider downzoning process because there are several tracts of R-3 property other than the one mentioned specifically. He said the process would be similar to that which was followed on Sexton Road where the Council initiated the downzoning. Mr. Dudark reported the issue would go through Planning and Zoning and there would be a public hearing with all of the affected owners being notified. He suggested initiating it as a package.
    Mr. Coffman made the motion that staff be directed to prepare a report showing which properties are involved and what steps would need to be followed if the Council wanted to initiate the downzoning for the area. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    David Finke, 1106 Maplewood, expressed gratitude to the Council for moving forward with the study to determine what is needed to restore the Martin Luther King Jr. Memorial. He said it is a matter of civic pride and the memorial has high symbolic value to the community.
    The meeting adjourned at 10:25 p.m.

                                                                                            Respectfully submitted,

                                                                                            Penny St. Romaine
                                                                                            City Clerk