M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
MARCH 19, 2001
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, March 19, 2001, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council members HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, and COFFMAN 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 March 5, 2001, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mrs. Crockett.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mayor Hindman noted that B119-01 and B120-01 would be added under New Business/Introduction and First Reading. He explained that a request had been received to remove R59-01 from New Business.
    Upon her request, Mr. Campbell made the motion that Mrs. Crockett be allowed to abstain from voting on B84-01. The motion was seconded by Mr. Janku 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. Campbell and a second by Mr. John.
 

SPECIAL ITEMS
    None.
 

SCHEDULED PUBLIC COMMENTS
    None.
 

PUBLIC HEARINGS
B85-01     Approving construction of 12-inch water main to serve Boone County Fire Protection District;
                 providing payment for differential costs.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the Water and Light staff had determined the need for this 12-inch line. The City's portion of the cost to oversize the water main will be $12,829 which will come out of Water and Light funds. He noted that the line will serve the new fire station currently under construction, and will also provide better fire protection water coverage for southwest Columbia.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B85-01 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B94-01     Calling for bids: rehabilitation of Runway 2-20 at Columbia Regional Airport.
    The bill was given second reading by the Clerk.
    Mr. Patterson explained that this is one of three projects brought before the Council in late 1999 when local funding was appropriated. This project consists of the rehabilitation of the main runway. He pointed out that the work has to be carefully planned so as to minimize interference with the operations of the Airport, and it will consist of the removal and replacement of some of the pavement on the south end of the main runway. It will also include milling and replacement of some adjoining pavement. The repair areas will be regrooved and remarked. Similar repairs will be made on the south end of Taxiway A, the parallel taxiway to the main runway. The work is being scheduled for August 17, 2002. Mr. Patterson reported that predetermining the date for the project would allow the users of the Airport to make adequate preparations. He stated the costs for this $660,960 project will be jointly funded by federal and City monies. Mr. Patterson indicated the proposal calls for bidding the work with an add alternate to include additional work on the north end of Taxiway A in the event the bids are favorable.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B94-01 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

(A)     Storm drainage improvements in Park Hill Addition.
    Item A was read by the Clerk.
    Mr. Beck explained that this is a joint project between the City and the Library Board. He said the neighborhood association had been involved in the plans as well.
    Mr. Patterson noted that some erroneous information had appeared in the newspaper in regards to detention and the Library's participation in the project. He reported the actual total cost of the project to be $87,000, and a proposed agreement between the City and Library Board would limit their participation to $42,500. That amount was determined through negotiations in preparation of the plans. Mr. Patterson said the Library will have certain responsibilities for maintaining the storm water flow after development to equal that preceding development. He indicated staff had also identified flooding problems in the neighborhood, and by working with the Board and the neighborhood, a joint project has been planned that will consist of installing junction boxes, improved inlets, and extending a storm drainage pipe down Crestmere. He said that is intended to return the natural drainage to the area the way it was before the Library was originally built. It is felt the project will be an improvement to the neighborhood and will also fulfill the Library's responsibility in regards to storm water management.
    Mayor Hindman asked about storm water detention. Mr. Patterson explained the only way the Library could have maintained a pre-development peak flow runoff would have been to create underground storage detention. He said that could have been done, but it would be expensive to construct and the maintenance responsibilities would be extensive. Mayor Hindman understood that this project would consist of running a pipe from the Library to the Creek. Mr. Patterson said that was correct. Mayor Hindman thought the City was trying to discourage that type of thing. Mr. Patterson explained it to be the only practical solution where both the Library's responsibility to control runoff and the current flooding problems on Garth Avenue could be addressed.
    Mayor Hindman opened the public hearing.
    Terry Barney, 202 E. Parkway, explained that his house is located directly across from the channel located in the park. He thought this compromise worked to solve two basic problems, the flooding on Garth as well as the drainage problem at the end of Crestmere and Park Hill. He was concerned that an important third problem was not being addressed. Mr. Barney remarked that the upper end of the intermittent drainage cannot handle anymore water in its current status. He understood that some of the water being discharged from the pipe would be slowed at the outlet, but in his discussions with staff, he learned that the overall volume and flow rate of the water in the Creek will increase slightly. Mr. Barney spoke about the severe erosion at the site of the outlet around some old concrete that was dumped there by the City many years ago in order to try and stabilize the bank's east side. He said the concrete has migrated into the channel's center and has forced water around it. Mr. Barney asked the Council to encourage Public Works to at least consider trying to do something to stabilize the most severe sections of the upper end of the channel.
    Mayor Hindman closed the public hearing.
    Mr. Campbell asked Mr. Patterson if something could be done to address Mr. Barney's comments. Mr. Patterson replied staff could review options for a new project on the main channel and bring it back to the Council for consideration. He interpreted Mr. Barney's request to be in addition to what is being done, not instead of what is being recommended. Mr. Patterson reported staff could report back with some options for stabilization of this area. Mr. Campbell thought that to be important.
    Mayor Hindman asked if some retention could be done in the park to prevent flooding. Mr. Patterson explained that the park actually functions as a detention facility and he was not sure retention would be a good thing as it helps meter water out of the drainage basin by backing up there.
    Mr. Campbell made the motion that staff be directed to finalize plans and specifications and to report back on what can be done in the way of stabilization/retention/detention at the end of the channel. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
 

OLD BUSINESS
B83-01     Authorizing annexation agreement to extend city sewer service to Oakland Gravel Road/Vickie Drive.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this request had been received in order to permit connection to the City's sewer system. Because this property is outside the City limits and not contiguous to such, the policy to require annexation before connection to City sewer would not apply in this case. Mr. Beck reported that is the reason for this pre-annexation agreement.
    B83-01 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B84-01     Extending the city limits: annexation of land on west side of Scott's Boulevard and on north side of
                 Route KK.
    The bill was given second reading by the Clerk.
    Mr. Beck explained this to be a 198 acre tract of land located in south central Columbia, adjacent to the Thornbrook Subdivision. He pointed out that staff believes all requirements have been met which would make it eligible for annexation.
    B84-01 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. ABSTAINING: CROCKETT. Bill declared enacted, reading as follows:
 

B87-01     Approving a change order to the contract with Prost Builders for renovation of Armory Building.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this change order would actually reduce the project cost, but would extend the time frame for completion of such. He explained that there had been unavoidable delays for the contractor. The amount of the change order is $3,838, with the total project cost being $954,561. Mr. Beck reported funding for the work came primarily from CDBG monies.
    Mayor Hindman commented that the project had been a very good one.
    B87-01 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B93-01     Amending Chapter 14 of City Code relating to parking on Dakota Avenue.
    The bill was given second reading by the Clerk.
    Mr. Beck reported that a business between Dakota and I-70 was experiencing difficulty accessing their parking lot. He said staff reviewed the situation and recommends that parking be prohibited on the north side of the street for a distance of 160 feet.
    B93-01 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B95-01     Calling a special election on replacement of the beverage container deposit ordinance with a beverage
                 container tax.
B96-01     Amending Chapter 11 of the City Code to repeal the beverage container deposit law; amending
                 Chapter 26 of the City Code to establish a beverage container tax.
    Both bills were given second reading by the Clerk.
    Mayor Hindman noted that comments would be taken on both bills at this time, but separate votes would be taken.
    Mr. Campbell summarized the amendment this evening calls for a one-cent recycling fee which would have three basic purposes: an education program could be established; the education component would increase the public's understanding relating to the importance of keeping Columbia clean; and finally, the recycling fee would off-set future increases in the cost of administering the solid waste disposal program. He noted that staff estimated the recycling fee would bring in about $500,000 per year, and then an additional $200,000 could be garnered from the sale of the aluminum. The second amendment proposes to revise the current deposit law by providing a one-cent payment to the grocery stores for handling deposits, and one-quarter of a cent would be provided to distributors to compensate for labeling the containers. Mr. Campbell reported a third bill to be introduced this evening proposes to increase the price of deposits from five to ten cents. Again, this amendment would have to be approved by the voters. He indicated that both issues could be passed or defeated independent of the other. If both measures are passed, it would establish a ten-cent deposit and a one-cent rebate.
    Mr. Campbell made the motion that B95-01 and B-96-01 be amended per the amendment sheets. The motion was seconded by Mayor Hindman and approved by voice vote.
    William Woodward, 200A Unity, was concerned about whether people could be forced to participate in the blue bag program.
    Rick Rowden, 1401 Berwick, a representative of Nowell's Grocery Store, spoke in favor of the one-cent recycling fee. He believed the present ordinance has served its purpose in keeping Columbia clean. He thought the same people that are now returning the cans to the stores would use the blue bags if the present ordinance was repealed. Mr. Rowden spoke against the ten-cent deposit proposal as he believed it would be detrimental to beverage sales in Columbia, which in turn would affect the City's overall sales tax collection.
    Mr. John asked Mr. Rowden how much it costs his store to administer the beverage container program. Mr. Rowden said labor costs averages approximately $50,000 per year per store, which is in addition to the cost of setting aside a certain amount of square footage in the store for the return area. He also spoke about costs pertaining to pest control and other related items.
    David Rogers, an attorney with offices at 813 E. Walnut, spoke on behalf of the National Soft Drink Association and Coca Cola of the Midwest, who support the ordinances this evening. He reported that the Council should not prevent these issues from being placed on the ballot for the 2002 election as the citizens of Columbia should be allowed to vote on whether to support or defeat the measures.
    Lori Smith, a Manager at Price Chopper, spoke on behalf of the store in support of the one-cent recycling fee. Speaking on her own behalf, Ms. Smith would prefer not to pay for both the blue bag system and one-cent fee.
    Charles Harrelson, 807 Oaklawn, spoke about the filth being brought into grocery stores everyday when the cans are returned. He believed the City should not allow an exemption to the businesses in the Lake of the Woods area if the ordinance is retained as it would result in lost revenue to the City.
    Joe Priesmeyer, 2003 Crestridge, spoke on behalf of Schepper's Distributing. He supported the comments made by Mr. Rowden pertaining to the one-cent recycling fee. Mr. Priesmeyer thought it was redundant to have both a deposit ordinance and a blue bag program.
    Fred Springsteel, 311 Longfellow, spoke in favor of B96-01. He saw the deposit ordinance as outdated, inefficient, unfair and backed by special interest groups.
    Earl Lubensky, 1408 Bradford, spoke in favor of retaining the current deposit ordinance, but supported any benefits going to the retailer, not the wholesaler.
    Tom Moran, 413 W. Walnut, representing the Osage Group of The Sierra Club, spoke in favor of retaining the present deposit ordinance. He said there is little argument about the law needing to be changed to make it more equitable for grocers, but it should not be repealed.
    Devon Schruebel, 1302 W. Ash, spoke for the Green Party of Central Missouri, in favor of the current deposit ordinance.
    Waldo Palmer, 414 Alexander, wondered why this issue is being brought forward now when the election would be more than a year away.
    Hank Ottinger, 511 Westwood, spoke on behalf of Columbians Against Throwaways, an organization which has been at the forefront in promoting and defending Columbia's bottle deposit ordinance. He said the group does not support a ballot proposal that mentions repeal of the existing ordinance. Mr. Ottinger indicated they believe adjustments could be made to create a more equitable playing field for everyone involved.
    Susan Flader, 917 Edgewood, spoke as a professor in the MU History Department in which the deposit ordinance was introduced 25 years ago. She spoke in favor of the current ordinance. Ms. Flader reported she has often told the story of the long struggle for the preservation of the ordinance to audiences in places like China, Finland, Lithuania, and South Africa as an example of how American democracy works. She urged the Council to vote against replacing the current ordinance with a one-cent tax. Ms. Flader asked that the Council work with interested parties to improve the existing ordinance.
    Elska Lunde, 3001 S. Providence, a member of the Undergraduate History Association, UMC, explained that the group met today and voted unanimously to keep the deposit law in place. She indicated they are willing to accept a compromise that would make the law easier for retailers and consumers.
    Pat Danner, President of the Columbia Boone County League of Women Voters, 1009 Westwinds, said the League is committed to the present deposit ordinance for many valid reasons. She said the League opposes the deposit law repeal, but would favor changes to improve the law with attention to administration by the City and more equitable treatment for the retailers.
    Dan Miller, 2911 E. Henley, Biology Club Sponsor at Hickman High School, explained that the Club has been recycling since 1990. He commented the group makes about $30 per week by recycling. On behalf of the Club, Mr. Miller asked that the nickel deposit law be retained and that the Council keep an open mind about making it more equitable.
    Lynn Hostettler, 1204 Hulen, thought the current ordinance should be repealed because of the blue bag system.
    Mr. Campbell explained that in 1995, the Council clearly recognized that changes were needed in the deposit law. At that time, the focus was on two issues; one was that the grocery stores were not being reimbursed for their costs, and the second was that there might be some windfall profit being made. The general thought was that the profit should go to the City. After conferring with Mr. Boeckmann, Mr. Campbell learned that the City might be able, under existing laws, to broaden the definition of what is covered without a ballot issue. If the Council were to try and change the distribution of money, that would require a public vote. He thought it seemed likely that a public vote is necessary.
    Regarding the timing issue, Mr. Campbell felt very strongly that the citizens of Columbia should have a fair opportunity to vote on the proposal. The next election in which he figures there will be a fairly good turnout is in November of 2002. He did not think there would be any other elections between now and then that would cause a large turnout.
    Mr. Campbell remarked that he is very comfortable in asking the voters to make a choice. He noted that options are available today that did not exist when the ordinance was originally passed. He indicated if the City is really going to encourage recycling, some resources will have to be put into it to educate people on the need for such. Mr. Campbell also believed that people who buy beverages in bottles and cans should pay some of the cost because these are the most common items found in trash. If the cost for such a plan is not supported, the City will be forced to increase the fees to the recycling and solid waste programs for all people - low income, elderly, and other people who do not use soft drinks.
    Mr. John noted that $2 million is being spent each year to operate the recycling program. If the proposed issue is passed, that would generate approximately $500,000 for the City. He said that figure is based on the collection of 50 million containers at one-cent each. Mr. John commented that would pay for the program. He explained it would save $1.5 million annually, and the City would have a much more efficient program. He pointed out that this particular issue has not been voted on four times, the other proposals were just to repeal the ordinance. Mr. John thought the decision to implement this issue should be left to the voters, not to the Council.
    Mayor Hindman spoke in opposition to this particular proposition. He did not think that the process has been followed properly to decide what changes should be made to the current ordinance. He remarked that the reduction in litter and the cleanliness of the community should be a major goal. Mayor Hindman noted several benefits to the deposit law such as creating an incentive to pick up litter, and the fact that there are no taxes on it. Before any changes are made to the ordinance, he thought the Council should be absolutely certain that beverage container litter will be kept to a minimum and that the City is doing at least as good a job at recycling and the cost will not be any higher. Mayor Hindman saw the figures differently than Mr. John in that the City would be out $300,000 with a less effective method of dealing with beverage container littler. He agreed that the Council needs to look at the situation in regards to the grocers and suggested the possibility of reverse vending machines. Mayor Hindman also suggested appointing a task force of experts to look at the situation.
    Mrs. Crockett noted that the health issue has not been addressed. She expressed concern about the people who sort the cans at the grocery stores being the same people who sometimes bag groceries. Mrs. Crockett pointed out that when this ordinance was adopted, the Adopt-A-Spot or Adopt-A-Highway programs did not exist. She thought it was time the voters were given an opportunity to consider a one-cent tax on all beverage containers.
    Mr. Janku agreed the Council should look at the situation in order to ease the burden on retailers. He supported the idea of appointing a task force to review the issue. He spoke about the detrimental impact that litter has on neighborhoods.
    Ms. Crayton said it was an insult to repeatedly ask voters to consider the same issue. She believed the ordinance should be kept until something is done about the blue bag situation. Ms. Crayton felt the grocers should be compensated for their investment.
    Mr. Coffman spoke in support of retaining the deposit ordinance in some format. He believes Columbians to be serious about litter control and recycling. He thought that citizens want this mechanism to be in place to provide an incentive -- it is not oppressive nor mandatory, but wonderful in the incentives it creates. Mr. Coffman also expressed concern about the inequities affecting grocers. He said there are a lot of people that would like to see that fixed. Mr. Coffman did not understand the argument about not needing a deposit ordinance because the City has the blue bag program.
    B95-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN. VOTING NO: HINDMAN, CRAYTON, JANKU, COFFMAN. Bill defeated.
    B96-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN. VOTING NO: HINDMAN, CRAYTON, JANKU, COFFMAN. Bill defeated.
 

B97-01     Authorizing advance of Designated Loan Fund for donations pledged to the Recreation Center.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that passage of this bill would authorize $393,129 from the City's Designated Loan Fund, with five percent interest, to advance money to move forward with the Recreation Center. With the pledges received, the fund will be paid back over a period of three years.
    B97-01 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. 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.

B79-01     Approving the final plat of Moongate Subdivision Plat 2, a replat of Lot 6 of Moongate Subdivision.
B80-01     Approving a replat of Lot 5 of Sedona Villas Plat 1.
B81-01     Approving the final plat of Katy Lake Estates Plat 2-B1, a replat of Lot 247 of Katy Lake Estates.
B82-01     Vacating electric easement within Woodrail Subdivision, Plat 7.
B86-01     Accepting conveyances for utility purposes.
B88-01     Approving Change Order No. 1 and approving engineer's final report for Nifong/Forum Intersection
                 Improvement project.
B89-01     Approving Change Order No. 1 to Combs Construction Company contract for Route AC Sewer
                 relocation: appropriating funds.
B90-01     Approving Change Order No. 1 to Don Schnieders Excavating Company contract for Lynn and Oak
                 Streets drainage project; approving engineer's final report.
B91-01     Authorizing acquisition of easements for Upper Hinkson Creek Outfall Relief Sewer.
B92-01     Authorizing acquisition of easements for construction of Sanitary Sewer District No. 152.
R51-01     Setting a public hearing: construction of water main serving Ewing Industrial Park.
R52-01     Setting a public hearing: annexation of property located south and west of Hickam Court, north of
                 Old Plank Road.
R53-01     Authorizing amendment to agreement with Peckham & Wright for design of Fire Station No. 8.
R54-01     Authorizing renewal of agreement with the University for placement of nursing students in the Health
                 Department for clinical experience.
R55-01     Authorizing amendment to agreements with various home health care agencies to increase
                 reimbursement rates.
R56-01     Authorizing a lease with The Harold E. Johnson Company for property at 4th & Walnut.
R57-01     Authorizing an agreement with Dan Hagan for lease of parking spaces.

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

NEW BUSINESS
R58-01     Authorizing agreement with Missouri Department of Economic Development.
    The resolution was read by the Clerk.
    Mr. Beck explained that this would authorize a project agreement which qualifies the Community Recreation Center for The Missouri Youth Opportunity Program tax credits. The amount is $245,000 which allows a potential donation of $490,000. Mr. Beck pointed out that the City has the opportunity to accept more donations under this program since some of the donors had not asked for a tax credit type program.
    The vote on R58-01 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R60-01     Rejection of all bids: construction of Cell #3 at Columbia Landfill.
    The resolution was read by the Clerk.
    Mr. Patterson explained that the bids received had come in considerably over the engineer's estimate. In analyzing the bids, it was thought that this occurred because of the uncertainty about the rock excavation and the fact there was a very compressed timetable on the project. Mr. Patterson indicated staff spoke with the Missouri Department of Natural Resources and now feel confident the City can obtain a vertical fill permit modification that will provide another year and allow rebidding of the project. He reported staff believes there are ways to reduce the cost to where the project was originally estimated.
    The vote on R60-01 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. 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:

B98-01     Approving a C-P and O-P Development Plan; rezoning a portion of Westbury Village from PUD-12 to
                 O-P; granting variances.
B99-01     Approving final plat: Gas Light Industrial Park Block II; granting variance.
B100-01   Establishing permanent R-1 zoning on recently annexed property located north of Mexico Gravel Road,
                 east of Benedict Road.
B101-01   Establishing permanent R-1 and R-2 zoning on recently annexed property located on north side of
                 Route K, west of Old Village Road.
B102-01   Establishing permanent R-1 zoning on recently annexed property located on south side of Old Plank
                 Road.
B103-01   Rezoning property located on northeast corner of Rangeline and Wilkes Boulevard from C-1 to C-P.
B104-01   Rezoning property located on the north side of East Texas Avenue, east of North Garth Avenue, from
                 R-1 to O-1.
B105-01   Vacating a sanitary sewer easement located in Valley View Ridge Subdivision.
B106-01   Vacating a right-of-way for the eastern terminus of Pioneer Drive.
B107-01   Repealing Ordinance 15633 which approved the O-P Development Plan of Boone Hospital Medical
                 Park.
B108-01   Authorizing construction of water main serving Ewing Industrial Park; payment of differential costs.
B109-01   Appropriating funds: purchase of a used locomotive for the Columbia Terminal.
B110-01   Appropriating funds: donation from the Travelers Protection Association.
B111-01   Appropriating funds: donation from Herbert R. Johnson and David E. Payne.
B112-01   Amending Chapter 27 of City Code to establish the Columbia Trust Utility Checkoff Program.
B113-01   Amending Chapters 2, 22 and 27 of the City Code relating to utility billing.
B114-01   Confirming the contract for the construction of Sunflower Street.
B115-01   Establishing Sanitary Sewer District No. 156 along Edgewood Avenue and Westmount Avenue north
                 of Lathrop Road.
B116-01   Establishing Sanitary sewer District No. 141 along north side of Green Valley Drive.
B117-01   Authorizing agreement with PF Net Network Services Corporation.
B119-01   Authorizing agreement with Nowells United Super Market, Inc.
B120-01   Authorizing acquisition of land at 1005 West Worley Street.
 

REPORTS AND PETITIONS
(A)     Group Homes for Recovering Alcoholics and Recovering Drug Addicts.
    Mayor Hindman voiced his concern about a situation that has arisen wherein the reaction of one neighborhood had been to move a group home for recovering alcoholics to another neighborhood. Referring to a Supreme Court case, he reviewed the Oxford House issue and was not sure that Columbia's ordinances had been discriminatory.
    Mr. Boeckmann explained that there is an issue under the Fair Housing Act that definitely applies to the kinds of ordinances that limit the number of people that can live in a dwelling based on the square footage. He said those are exempt from that law. Mr. Boeckmann reported that the issue before the Supreme Court was whether or not the definition of "family" (limiting the number of unrelated people) fell within that exemption. There was a split in the Circuit Courts and the Supreme Court said that it did not, so it was simply a matter of whether or not at an early stage the case could get thrown out because of that exception. He said it did not deal with the merits of the case.
    Mayor Hindman expressed concern about the unfairness to the neighborhood and saw this particular facility moving until it ended up in a neighborhood that cannot defend itself.
    Mr. Janku asked if the City would violate the original agreement if the ordinance was amended to allow group homes in R-1 and R-2 zoning districts as a conditional use. Mr. Boeckmann said he would have to look at the language again before confirming whether or not Oxford Houses would be required to apply for conditional use permits on new facilities.
    Mayor Hindman was disturbed about the 31st Day Group planning to pave the entire backyard for parking. He did not feel that was appropriate for a residential area. Mr. John did not think there were any laws against impervious surfaces that are not considered a structure.
 

(B)     Park Master Planning.
    Mr. Beck said if the Council agreed to the plan as outlined in the report, staff would proceed if so directed.
    Regarding the 1994 Park Plan update, Mr. Janku was hopeful that input would be obtained from young people. He also asked staff to check into new recreation trends in other communities that might become popular here. Mr. Janku was concerned about the effectiveness of the survey.
    In regards to the survey, Mr. Hood indicated that staff would try to obtain as much public input throughout the entire process, from beginning to end. He reported they have proposed a variety of means to do that including public meetings, focus groups, as well as meetings with stakeholders. He noted that often the people that participate in those types of hearings are focus and special interest groups. However, staff believed the survey would be a good way to obtain unbiased public input from the population as a whole. Mr. Hood remarked that they would use the information as a balance against the needs expressed by the special interest groups.
    Mrs. Crockett asked if people signing up for league play would be given an opportunity to complete a survey. Mr. Hood explained that most of the applications go directly to the youth sports organizations once they are filled out, but he was sure staff could work with those groups to collect some data in that manner. Again, he said it would be a reflection of those families who have youth participating in Parks and Recreation activities.
    Mr. Campbell commented that he is skeptical of scientific surveys and he was hopeful some other groups could be targeted. He indicated that he would be glad to sit down with Mr. Hood and work on something.
    Mr. John said there is a lot of room for error, but he thought they needed to survey all of the groups, the citizens as a whole, the users of all programs, etc. He believed the City needed to be very careful to include all of the uncounted and undercounted groups.
    Mr. Campbell made the motion that staff be directed to proceed with their outlined plan, taking into consideration the comments made by Council. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

(C)     Intra-Departmental Transfer of Funds.
    Report accepted.
 

(D)     Modifying the Section of the City Code Relating to Railroad Advisory Board Meetings.
    Mr. Beck explained the Railroad Advisory Board proposes an amendment to allow quarterly meetings rather than monthly, and reduce quorum requirements from five to four.
    Mr. Janku suggested that in regards to the attendance requirement, the wording "prior approval of the Board" be stricken.
    Mr. John was not sure lowering the quorum requirement was a good idea. He said if the Board was not going to be required to meet so often, it was likely that members would be able to attend most meetings. Mr. John stated if an issue had to be passed by a unanimous vote, he would be okay with four.
    Mr. Malon explained that this seven member board is required to meet monthly. He said it is a small operation and there is not much business on a month to month basis. He said the members of the Board are all busy people, and perhaps having the meetings quarterly would make it easier to get everyone there. Mr. Malon indicated that members make it a point to show up when there is actually business to be conducted. He said the Board did not want to violate the ordinance.
    Mayor Hindman made the motion that an ordinance be prepared for Council consideration. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
 

(E)     Austin Avenue - Parking Restriction.
    Mr. Beck explained that an ordinance would remove parking on this street from 8:00 a.m. to 3:00 p.m., except when school is not in session.
    Ms. Crayton explained that the neighbors are concerned about the students parking on Austin to the point where cars cannot maneuver on the street.
    Ms. Crayton made the motion that the staff be directed to prepare an ordinance for Council consideration. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
 

(F)     Petition to Improve Donnelly Avenue.
    Mr. Beck explained that Public Works received a petition from property owners relating to construction of an improved street. The estimated cost for the project would be $161,000 but because it is in a CDBG eligible area, the property owners have an opportunity to pay $15 per abutting property foot rather than $30.00 per foot.
    Mr. Janku thought it was a good project and was hopeful it could be supported by CDBG funds. He asked if representatives from the neighborhood church had been contacted in regards to this request. Mr. Patterson explained that at this point staff only responded to the petition because it represented more than 50% of the owners. He said the next step would be, if Council directs the staff to proceed, to have group meetings in the neighborhood to discuss the project. He did not know if the church had been contacted because this request came from the owners. If directed to proceed, the church will be notified of all meetings.
    Mayor Hindman noted the report identified a sidewalk on only one side of the street. Mr. Patterson responded the information only provides a generic cost estimate in order to give some idea of what a typical street would cost. He explained that staff has not presumed to determine the design of the project, but merely gave an idea of the total cost.
    Ms. Crayton made the motion that staff be directed to proceed with the project. The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.
 

BOARDS AND COMMISSIONS
    Upon receiving the majority vote of the Council, the following individuals were appointed to the following boards and commissions:

BOARD OF ADJUSTMENT
Kruse, Karl H., 2405 Lynnwood, Ward 5 - term to expire 5/1/06

CONVENTION & VISITORS ADVISORY BOARD
Jashnani, Leela, 2708 Bluff Creek, Ward 6 - term to expire 9/30/02

CULTURAL AFFAIRS COMMISSION
Basnett, Rhonda K., 405 Alexander, Ward 1 - term to expire 4/1/04 (teacher)
Burdick, Nancy C., 12 McBaine, Ward 1 - term to expire 4/1/04 (pro)
Mustard, Cindy S., 600 S. Greenwood, Ward 4 - term to expire 4/1/04 (sig. know.)
Vianello, Hugo, 11 E. Brandon, Ward 5 - term to expire 4/1/04 (sig. know.)

BOARD OF HEALTH
Lensmeyer, Bernard, 6 McGregor, Ward 5 - term to expire 8/31/02

HUMAN RIGHTS COMMISSION
Bass, Preston L., 3806 Bedford, Ward 5 - term to expire 3/1/04
Broadus, Kylar W., 4195 N. Riviera, Ward 2 - term to expire 3/1/04
 

COMMENTS OF COUNCIL, STAFF, AND PUBLIC
    Mr. Janku noted that the Council received a report regarding the completion of the GIS Phase I project. He requested that the Web Committee be consulted in regards to ideas for Phase II.
    Mayor Hindman indicated that he had read the report, but he would like to have someone explain it to the Council in further detail at a work session.
    Mr. Campbell noted that a GIS conference was being held next week. He reported that GIS and the Internet are not at all related. Mr. Janku disagreed.
    Mr. Janku pointed out that at the next Council meeting, there will be a bill proposing to amend the agreement with PF Net Network in regards to the alignment of fiber optic cable on the Business Loop. He noted this is the area where there are aboveground power lines and wondered if any joint trenching and undergrounding of utility lines could be done when the applicants are laying their line. Mr. Janku realized time was a factor, but asked that staff at least think about it.
    Mr. Janku made the motion that staff be directed to look at the issue related to the traffic to the west of the Stadium/I-70 interchange as it pertains to the 2025 Transportation Plan to improve the north to south linkage. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    Ms. Crayton spoke about flooding problem in houses on Mary Street. Mr. Patterson reported that staff is looking into what could be done to improve the situation. He indicated that a lot of it involves improvements the homeowner needs to make to the property itself. Ms. Crayton said she would provide Mr. Patterson with the specific address.
    Regarding incremental increases in complaints in the East Campus related somewhat to the dry campus effort, Mr. Coffman said the Police Department had supplied the Council with a good report on what they have done to address the problem. He noted the report contained comments that he has heard elsewhere from staff, and there is a sense that the maximum fines for some of these infractions should be increased.
    Mr. Coffman made the motion that staff be directed to report back with recommendations on such increases. Specific issues cited were peace disturbance, loud stereos, public urination, and litter. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. John commented on the amount of cinders being spread on the streets during bad weather, as well as good weather. He said all of this dirt is being tracked into cars and homes. During budget discussions this year, Mr. John said he would like to hear what other alternatives are available and the costs associated with these methods.
    In respect to the defeat of the proposed beverage container ordinances, Mr. Campbell asked that B118-01 be withdrawn from the agenda.
    Mr. Campbell made the motion that the Mayor be authorized to appoint a task force, within 60 days, that would be comprised of all relative segments of the community. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mayor Hindman made the motion that staff be directed to make the amendments with respect to the Columbia Community Development Corporation which the representative of the organization requested at the pre-Council dinner this evening. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Fred Springsteel, 311 Longfellow, remarked that he had previously addressed the Council about the size and quorum requirements of the Energy and Environment Commission. He asked about any progress that might have been made. Mr. Springsteel thanked Mr. Campbell for his efforts related to the deposit ordinance.
    Waldo Palmer, 414 Alexander, spoke about parking at public auctions. He was concerned about major streets being blocked.
    The meeting adjourned at 10:30 p.m.

                                                                                        Respectfully submitted,

                                                                                        Penny St. Romaine
                                                                                        City Clerk