AUGUST 16, 2004


The City Council of the City of Columbia, Missouri met for a regular meeting at 6:30 p.m., on Monday, August 16, 2004, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members CRAYTON, JANKU, HUTTON, LOVELESS, JOHN and ASH were present. Mayor HINDMAN was absent. The City Manager, City Counselor, City Clerk and various Department Heads were also present.


The minutes of the regular meeting of August 2, 2004, were approved unanimously by voice vote on a motion by Mr. Janku and a second by Mr. John.


Mr. Ash asked that B250-04 and B252-04 be removed from the Consent Agenda and placed under Old Business. He further asked that B250-04 be placed before B251-04 and that B252-04 be placed at the end of Old Business. Mayor Pro tem Hutton requested that B264-04 and B265-04, under Public Hearings, be moved to be heard after B266-04.

The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion by Mr. Janku and a second by Ms. Crayton.






B266-04 Adopting the FY 2005 Budget.

The bill was given second reading by the Clerk.

Mr. Beck noted the budget reflected expectations for continuing a highly ranked, quality city. The proposed budget was $277,000,000, with $226,000,000 being new money. He stated there would be no new property or gross receipts tax, but pointed out the budget did include utility rate adjustments to sewer, water, and electric with refuse and stormwater rates remaining the same. Sewer costs would increase sixty-one cents per month for the average household, water costs would increase eighty-one cents per month per the average household, and electric costs would increase about $4.48 per month per the average household. He noted that power supply costs were up 17.8% and that part of this increase would be covered by the rate increase, while the remainder would come from the fund balance. Mr. Beck also noted that total personnel cost would increase 6.9% and would include 25 additional employees, which were needed to keep up with the City's growth rate. In addition, he pointed out that capital improvement expenditures would increase by 11.6%.

Mr. Beck stated the major thrusts of this budget were to have clean, safe neighborhoods, to support a well maintained accessible transportation system, to continue to invest in buildings and infrastructure, to provide needed social services, to provide for recreational and cultural opportunities, to enhance economic stability and growth, and to conserve and preserve our natural resources.

Mayor Pro tem Hutton opened the public hearing.

David Johnston, 2701 Chambray Road, Chair of the Community Development Commission, gave an overview of the review process and presented the group's recommendations in detail. He noted the group asked him to point out the fact that they could only provide recommendations based upon the amount of information received. They felt they could do a much better job in making recommendations, if they had all of the requests before them. Due to the limited amount of funds available, Mr. Johnston noted that they tried to be as fair as possible, while still meeting the needs of the greatest part of the community.

Ms. Crayton commented that the Hope/Hardin Street project had been on the books for many years and that every year they were left behind. Mr. Johnston replied that they were recommending funding for Hope Street at this time, but could not afford to fund both. Ms. Crayton asked about the YouthBuild recommendation. Mr. Johnston noted that they were told they could not continue recommending funding for salaries. He pointed out their recommendations were mostly brick and mortar type projects.

Lisa Scribner, 3605 Teakwood, Chair of the Community Services Advisory Commission, noted the Council had received a copy of their full report, which included their process, their decisions, and all of the supporting documentation and added that the Commission was very appreciative of the Council's recommendation for a 3% increase in social service funding. Ms. Scribner highlighted the fact that first time funding was recommended for five new programs, all of which targeted high risk youth, and that increased funding was recommended for 15 other programs. She also noted this was the first year the Commission was involved in the development of the HUD 5-year consolidated plan. She explained a good plan was required in order to apply for other types of HUD funding and that the completion of the plan had allowed the City to submit the "Continuum of Care" application. They were hopeful the result would be a significant amount of funding for the City.

Rod Gelatt, 1020 LaGrange, a member of Convention & Visitors Advisory Board, handed the Council summary documentation and gave an overview of their recommendations and new evaluation process. They received 20 applications and recommended funding for all of them - most at the level of funding requested. Funds requested were $263,073, while recommendations totaled $248,323. He stated their mission was to help build the quantity and quality of events that, coupled with other attractions, persuaded people from elsewhere to spend two or three days in Columbia. He noted a slight reduction in funding for four events and pointed out two new events were being developed and funded this year.

Scott Crystal, 10650 W. Kings Lane, Chair of the Cultural Affairs Commission, presented the recommendations for funding art contracts with local arts organizations. He explained a new formula was used this year to determine base funding in an effort to better align an applicant's score to the funding received. They recommended allocating $76,244. Mr. Crystal noted that several previous applicants were recommended for a reduced level of funding compared to previous awards received because total requests for funding were up 30% from last year, almost $142,000 compared to $110,000 last year.

Mayor Pro tem Hutton noted, in most cases, the recommended funding level was significantly less than what was requested. He asked if they considered whether or not an event could actually continue with the level of funding recommended. Mr. Crystal replied that they explored all of those different things and felt they had to keep in mind that the money had to be spread out. The formula used this year was to objectively go along with the ratings of the different organizations.

Eudardo Crespi, 7801 N. Highway VV, Executive Director of Centro Latino de Salud, Educacion y Cultura, the Latino Center of Health, Education and Culture, commented that the Office of Community Services did a great job of helping agencies, such as his, in developing their proposals. He believed they were not provided all of the funds requested because they were new and explained that this agency was not new to the community. He commented that they had been working hard for almost five years and explained that the funding request was for the continuation of their entire education program, not only the after school program. He noted that they were able to open a new classroom in March because an individual had given them $10,000 and that they had also received $2,300 from Caring Communities for classroom chairs and tables. In addition, he noted Wal-Mart recently gave them $2,500, however, they could not include it in their proposal because it was unexpected and too late. He asked that their funding recommendation be increased.

John Clark, 403 N. Ninth, President of North Central Neighborhood Association, spoke in general support for the CDBG allocations. He pointed out that the $104,000 recommendation for Phase II of the COLT Railroad project was too little. He thought the original proposal was for $154,000 and involved reconstructing the crossing of Fay Street over the railroad. It was his understanding that the Railroad did not want the crossing. He noted that his neighborhood, with Block Grant funding, was undergoing a six to eight month planning process and one of the major elements was to increase the number of employees and employers in their neighborhood, very likely on the east side of their neighborhood, where Fay Street crossed the railroad. Mr. Clark could not imagine their plan calling for the closure of Fay Street because then people would have to be funneled to University or Rangeline and that was not likely going to work.

In regards to the Housing Authority's application, Mr. Clark noted the neighborhood association submitted a letter of support. The proposal was to leverage planning money and was meant to be a second phase for planning a part of a very significant area, not just the property owned by CHA.

In reference to the Hope and Hardin projects, Mr. Clark was glad that Hope was recommended funding of $130,000. He felt that Hope and Hardin had been delayed because of other priorities, but substantially because of under-staffing. He was hopeful the Council would be provide adequate funding to Public Works so they could keep on top of these projects.

Donna DeLong, 208 Anderson, spoke on behalf of the Enterprise Development Corporation. She explained they were appealing the CDBG Commission's recommendation and were asking for $50,000 for a locally administered microloan program. Ms. DeLong further explained the funds would be used to provide an opportunity, that was not currently available, for people who could not qualify for conventional financing to start their own business or to expand their existing business. She said their microloan program would provide small loans, under $25,000, to businesses with fewer than five employees for working capital and the purchase of equipment. Enterprise, together with their partner, the Small Business Development Center, would provide 10 to 15 hours of technical assistance and several follow up visits to the business at no cost to the applicant. She noted that they had successfully created and secured funding for the pilot year of the microloan program. The $50,000 they were asking for would be used to leverage a much larger pool from the Small Business Administration (SBA). In order to meet SBA's qualifications, Ms. DeLong explained Enterprise needed to meet their match fund requirement and complete one year's experience administering a microloan program. They would utilize the CDBG grant funds, as well as funding from other sources, to meet that requirement, resulting in a much larger pool of funds available to micro businesses in Columbia and the surrounding communities. Upon reading the CDBG minutes, she felt there were misunderstandings regarding the relationship between Enterprise Development's Microloan Program and the Covenant Community Development Business Service Center. The misconception was that Enterprise Development's Microloan Program would be housed and would provide services exclusively to the Covenant's Business Service Center. She said that was incorrect. Ms. DeLong explained that the Microloan Program was currently in operation and housed at the office of the Enterprise Development Corporation at 910 E. Broadway, Suite A, in Columbia. While they agreed to make their services available to individuals at the Covenant's Business Center, the Microloan Program would be open and marketed to all of Columbia. She stated that they wanted to focus on creating new businesses in the central neighborhood and, although the services and educational classes at the Service Center would greatly compliment their Microloan Program, the two programs were not interdependent. As noted by the Commissioners, a microloan program or any economic development program did not fit well under the Community Services heading as it was directed more toward housing programs and housing education programs. If CDBG funds were utilized for a microloan program, it would be a better fit under an economic development section. She asked the Council to consider this as an addition to the City's new 5 year plan.

Gary Taylor, 2607 Park de Ville Place, Director of the YouthBuild program, explained that he was an employee of Advent Enterprises and the Director of the Boone Works Consortium. He explained their program and what it was they were trying to do. He described it as a leadership and empowerment program for youth between the ages of 16 and 24, utilizing four components - construction skills training, classroom instruction, physical training, and counseling. Mr. Taylor stated that the $40,000 was a one time request and added that they were developing relationships with private sector construction companies to help fund this program also.

Mayor Pro tem Hutton assumed Mr. Taylor was asking for full funding of $56,000. Mr. Taylor replied that was correct.

Mr. Loveless asked how many youth were involved in the program. Mr. Taylor explained the different groups and indicated there were probably 30.

Mayor Pro tem Hutton continued the public hearing until the September 7, 2004 meeting and explained there would be two more hearings on the budget with the last one being September 20.

B264-04 Setting property tax rates for 2004.

The bill was given second reading by the Clerk.

Mr. Beck explained our tax rate to be 41 cents with no suggested change. He noted the amount needed to be reported to the County Clerk prior to the adoption of the budget. The City's obligation bonds were paid off and, for that reason, there a levy was not included. He noted an amendment sheet had been prepared which would add the Library rates.

Mayor Pro tem Hutton made the motion to amend B264-04 per the amendment sheet. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

Mayor Pro tem Hutton opened the public hearing.

There being no comments, Mayor Pro tem Hutton closed the public hearing.

B264-04, as amended, was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. ASH. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

B265-04 Setting tax rate for all taxable property in the Special Business District of the City of Columbia for the year 2004.

The bill was given second reading by the Clerk.

Mr. Beck explained that the Council, by state law, set the rate for the Special Business District (SBD). The recommendation was for 49 cents in support of the operational costs of the budget. He stressed this tax rate was only within the geographic boundaries of the SBD in the downtown area.

Mr. Ash asked for clarification on whether the 49 cents, 41 cents or both applied to the SBD. Mr. Beck replied that both applied.

Mayor Pro tem Hutton opened the public hearing.

There being no comments, Mayor Pro tem Hutton closed the public hearing.

B265-04 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

R157-04 Authorizing closure of Ninth Street between Walnut Street and Broadway to vehicular traffic for the first two Twilight Festivals in September.

The resolution was read by the Clerk.

Mr. Beck commented that this would have to be acted upon this evening in order to be in effect for the first Twilight Festival. He noted the Council would have time to discuss it again before the second event, if necessary.

Mayor Pro tem Hutton opened the public hearing.

Kurt Mirtsching, 7551 S. Bennet Lane, spoke on behalf of the Central Columbia Association (CCA) and explained that he has worked in downtown Columbia for over 25 years. He commented that the Twilight Festival has experienced a lot of growth, which has lead to a crowd control problems. He did not see the suggestion of closing Ninth Street as a good solution. He felt if it was known one certain street was going to be closed, a lot of people would gravitate toward that street, regardless of what was going on there. He also reminded the Council that a parking problem would be created in closing the street due to the requirement to hood the meters 24 hours in advance because business would be hurt on that street on Twilight Festival days with people thinking they can not park there. In addition, closing off one street, would benefit the businesses on that street during the Festival to the detriment of businesses not on that street, which he felt violated the spirit of the Festival. He explained the CCA has tried to promote all businesses downtown, not just businesses on certain streets. He suggested that because it was a crowd control problem that more police officers should be utilized. He asked the Council to ask the Police Department to make it more of a priority to work with them. He felt that if there were more police officers who had the authority to enforce existing jay walking ordinances, that could be a partial solution. Officers could also tell people not to stand in the street. Mr. Mirtsching pointed out that people, that were not part of the Festival, often set up tables. The CCA did not have the authority to control that, however, an officer would be able to tell them to move back. He explained the CCA would continue to spread the events out, so there would be less of a problem. In addition, he stated, they were willing to work the City to come up with additional solutions.

Tom Brinker, 4904 Kirk Hill, a Board Member of the Central Columbia Association, appealed to the Council as a downtown business merchant for 11 years. He explained how the Twilight Festival came into existence and stated it was a medium to bring people to the area and to show the cultural wares of the downtown district. It was created to meet the needs of all of the merchants. His concern was that if we were to isolate the event to certain areas, it would lose what it was created for in the first place. He asked that the street not be closed off and that they be given the tools to help manage the growth and success of this wonderful festival in downtown Columbia.

Carrie Gartner, 11 S. Tenth, Director of the Central Columbia Association, said the Festival had grown with the help of the Convention & Visitor's Bureau, the bed tax, and added advertising. She pointed out that every morning after the Festival, they reevaluate how to better organize it as the numbers grow and the bands become more popular. She explained that through the years they have opened up several areas to spread things out and added that just this year, they utilized Flat Branch Park. She also noted that they have cut back on the size of bands or have put larger bands in certain larger areas and that the bulk of the activities are in the open area. After a meeting this week with Council Member John, Ms. Gartner commented that they have reorganized all of September by pulling people away from the corners, putting five or ten feet on either side of a corner, so people can actually gather at the corner before they cross at the crosswalk. They have also tucked larger bands in alleys so people can walk by on the sidewalk. She reiterated that they were hampered by the fact that they cannot move people or tell them they cannot come to the Festival. She noted the Police have been helpful, especially with enforcing the noise ordinance. They would also like help with moving participants who are in a bad spot. Those spots were easy to identify, but they do not have the authority to move them.

Mayor Pro tem Hutton closed the public hearing.

Mayor Pro tem Hutton asked if additional officers were on duty for the Twilight Festival. Captain McCrary replied that the School Resource Officers, the CAT Team Officers, and the officers that have "orange time" work usually assisted. There were several officers assigned to assist with traffic and crowd control, if needed. There could be as many as 8 to 12 officers at any given time. Mr. Loveless asked if the number seemed to be adequate. Captain McCrary replied it was never adequate because there were certain corners that got crowded more regularly with officers spending more time there.

Mr. Ash noted a street closure request was under Reports on tonight's agenda, which he felt illustrated his point as to why this Twilight street closing was unfair. He noted the request, which he planned to support, were from businesses on Ninth Street that were willing to pay $4,000 to throw their own block party. They were willing to do this because they would profit from it. The next two Thursdays after that, he pointed out, the City would be giving them a free block party. The City would close off the street and they would not have to have their people staff it or to pay for it. If the Council voted yes on this closing, they would get three street closings for the price of one. He pointed out that all of downtown paid for the Twilight Festival and felt they should try spreading the crowds out before closing the street.

Mr. John was not worried about people jay walking, but about families with kids being pushed out into the streets because they had no place to go. He felt the CCA was ignoring the fact that there was a crowd control issue. It was not the question of putting in more Police, but about moving the crowd and getting the conflict between cars and people out of the street. He asked the group to talk to our City Counselor to come up with some ideas that could be implemented quickly, which, he found out, was not done. He indicated that he would have backed off from closing the street if this was done. Moving people five feet off of a corner would not move a crowd away from the corner. He said 20 to 25 feet from the corner would move people off. He saw no correlation between this request and the request under the Report section of the agenda. If the group was serious about spreading things out, he suggested they talk about it with the Police and the City Counselor to figure out what the rules would need to be put in place so they could have the authority to spread it out. Once they did that, Mr. John said he would be happy to remove the blockage off of Ninth Street. Until then, he thought it was too much of a dangerous situation.

Mr. Janku thought a number of people were not coming back to the Twilight Festivals because they found it too crowded and did not like being in the street. He felt it might increase the number of people returning to the Festival, if they closed the street. He viewed it as an experiment and said if it did not work he would not support the closure in the future. If it did work and they still had adequate distribution throughout downtown, people might feel more comfortable coming back. He also agreed that they needed to come up with the legal measures that were suggested.

Ms. Crayton felt something should be done before someone got hurt. She thought spreading out, like to Flat Branch Park, was helping, but it was still too congested.

Mr. Ash was not saying they should do nothing, but felt that the CCA's hands were tied as far as doing some of the crowd control they would like to do to spread people out. He suggested giving them more authority first and, if that still did not work, then to try the street closure as the last resort. He was sure people would like the street closing. He was arguing it was not fair to all of the businesses that paid for it. Mr. John stated that if the CCA moved all the venues away from that area and spread them around, that was where the people would go.

Mr. Loveless suggested that the CCA take a downtown street plan and mark on it those locations which they think would be suitable for small, medium, and large sized groups and then making sure the CPD had a copy as well. He also suggested having some form of communication with the officers working the event, whether it be handheld radios or something else, so that when something was seen developing that needed their attention they could be reached. Mr. Loveless felt that they had talked about this every year and it was time to try something, understanding that it was not perfect.

Mayor Pro tem Hutton commented that they all receive calls and e-mails after every Twilight Festival voicing concern about the crowds and safety conditions and they always receive the same response, to provide more police. Mayor Pro tem Hutton noted that could be done, but then asked what would be done in the rest of the City. He suggested they try this.

The vote on R157-04 was recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: CRAYTON, ASH. ABSENT: HINDMAN. Resolution declared adopted, reading as follows:


B247-04 Approving the Final Plat of Sunrise Valley; granting a variance relating to street right-of-way width.

The bill was given second reading by the Clerk.

Mr. Beck explained this was under Old Business rather than on Consent because it involved a waiver.

B247-04 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

B248-04 Vacating street right-of-way in conjunction with the proposed Final Plat of Eastport Gardens Plat 1-A.

The bill was given second reading by the Clerk.

Mr. Beck described this as an unbuilt street in an area being replatted. The applicant was requesting the vacation due to engineering problems at the intersection of Cole Lane and Richland Road. Both the City and County Public Works Departments agreed it was a problem, however, the Boone County Planning Department objected to the vacation of the right-of-way.

Mr. Bondra explained that Boone County Planning felt it would be best, in the long term, to have some additional street circulation in this area. He agreed it was an engineering problem and would be hard to connect to right now.

Mayor Pro tem Hutton understood they were looking at a future road to the east, but on land that was not part of this development. Mr. Bondra noted it would be ideal to have an additional connector to the east somewhere and added that Grace Lane, which was under construction, would eventually open up some circulation in the area.

Mr. Janku asked if there was an alternative the Staff could suggest that would help meet the objections of the Boone County Planning Department. Mr. Bondra explained there was a bridge close by, which limited the options quite a bit. Mr. Janku asked if there was anything to the east or the west that could be used. Mr. Patterson explained the primary problem to be its proximity to the bridge. When they were ready to do Richland Road, they would be widening and the bridge would be expanded. This would put the entrance right at the abutment of the bridge, which was unsafe.

By vacating this, Mr. Ash noted the developer would gain a lot. He asked if it could be moved a little to the west. Mr. Patterson stated that could, physically, be done, but was not proposed to Staff. Mayor Pro tem Hutton noted that when looking at the map with the next ordinance, it showed Hunley Court as a cul-de-sac and where Cole Lane was located in relationship to that. Moving it one lot might be possible, but might not meet the needs of Public Works as far as distance from the bridge. If it was moved down two lots, they would have a road at the end of a cul-de-sac. He thought they could redesign the whole thing, but did not feel that was necessary.

Mr. John stated he was comfortable with the vacation. Mayor Pro tem Hutton agreed and felt it would be fairly easy to add a through road to the east.

B248-04 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

B249-04 Approving the Final Plat of Eastport Gardens Plat 1-A, a Replat of Lots 52, 53, 54, 55 and 56 of Eastport Gardens Plat 1; authorizing a performance contract.

The bill was given second reading by the Clerk.

Mr. Beck explained this would create six R-2 lots.

B249-04 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

B250-04 Vacating street right-of-way in conjunction with the proposed Final Plat of Vintage Falls Plat 1.

The bill was given second reading by the Clerk.

Mr. Ash explained that he had asked to have this taken off Consent so he could be shown on the map for B251-04 where these proposed vacated easements were located. Mr. Bondra prepared a sketch which he projected on the screen. He said it was called Smithton Ridge Plat 5 and added that they were taking the part to the north of Worley Street where the Vintage Falls Subdivision would be. He showed where they wanted to vacate the right-of-way and easements.

B250-04 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

B251-04 Approving the Final Plat of Vintage Falls Plat 1; authorizing a development agreement and a performance contract.

The bill was given second reading by the Clerk.

Mr. Beck described this as an approximate 20 acre tract located on the northwest corner of Silvey and Worley. The proposal would create 44 PUD-6 zoned lots. He noted that a development agreement, along with a check for $14,742 for future improvements to Silvey Street, had been submitted.

B251-04 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

B254-04 Amending Chapter 27 of the City Code to enact a renewable energy standard.

The bill was given second reading by the Clerk.

Mr. Beck pointed out there had been an initiative petition certified by the City Clerk as having a sufficient number of signatures which, by Charter, meant the Council either needed to enact the ordinance as submitted or bring it to the voters at the next regular election. Two bills had been prepared - one to enact the ordinance and one to place it on the ballot.

Chris Hayday, 106 Rockingham, spoke on behalf of the Osage Group of the Sierra Club. He explained that Columbia currently received its energy from coal and fossil fuels. He further explained that we now had clean renewables as a legitimate option and pointed out that the cost was continuing to fall. A renewable portfolio standard, which basically meant adding renewables to the City's energy mix, was being proposed. He noted that the City used coal because it was cheap and readily available. The reason it was cheap was because it was subsidized and under-regulated. Power plants were not required to install the latest pollution control technologies. He felt that coal would eventually become regulated to the point where it would become expensive. Mr. Hayday also pointed out that power plant pollution killed more people per year than did drunk drivers. He commented that the City did not have an energy plan beyond its current energy contract and emphasized the need to diversify energy sources. He felt this proposal had the support of the community and provided the ease of obtaining signatures for the petition as an example of that support.

Jan Weaver, 412 ½ W. Walnut, spoke in support of the renewable energy standard. She stated that the City needed to look beyond individual costs, but at total costs. She noted that EPA data showed that for every ton of sulphur and nitrogen oxides emitted by coal fired plants, there were 1,543 premature deaths, 770 cases of chronic bronchitis, 730 hospital visits, and over 200,000 lost work days per year. Columbia emitted just under 900 tons of these pollutants in 2002. If you did the math, she pointed out that the City was responsible for one death and approximately 1,800 lost work days or about $2 million in costs to employers and workers. Ms. Weaver continued by listing other detrimental statistics and examples of pollution due to coal power. She felt the only way to save that one life and the lost work days would be for communities all over the country to take one small step towards using cleaner power. She asked the Council to look at the big picture in regards to the cost of cheaper power.

John Coffman, 1623 University, spoke on behalf of Columbians for Clean Energy. He stated that the problem of coal fired generation pollution was very serious. He noted that although we cannot generally taste or smell it, as a single source, it was tremendous as far as the negative impacts on our environment and health. He reiterated the some of the detrimental affects of coal power pollution. He pointed out their plan was not new or radical and that the goals were similar to energy standards adopted in other states and municipalities. The plan was gradual and incremental and would not "kick in" until 2008 when the City would be required to have 2%, if feasible. He explained that the Water and Light Department had a plan with some combination of wind energy or methane from the landfill, which would be easy to produce. Based on Staff calculations it would cause upward pressure on rates of less than 1%. He indicated he could take issue with a variety of the assumptions because they were unduly pessimistic. Mr. Coffman felt there was an assumption that there would be no capacity credit given for wind power, but he thought most transmission organizations would grant at least a 30% capacity credit, which would total about $100,000. He noted that we would have excess pollution credits to the extent that we were reducing the amount of coal we needed to burn. He felt it only makes sense to diversify and was hopeful the City would make this the plan for the future and that local investment would be encouraged. He pointed out that in the article he provided to the Council, Kansas City recently decided it would invest in one coal power plant, instead of two, and would purchase wind energy. Mr. Coffman also pointed out that of all the other renewable energy standards across the country, this was the only one that he was aware of that built in rate payer protection. It had a rate cap that stated there would not be more than a 3% rate increase over the entire 18 years of the plan - 3% over what we would have continuing with 100% of our fuel sources coming from dirty sources.

Mark Farnen, 103 E. Brandon, spoke in support of the clean energy initiative. He pointed out that Stanford engineers estimated wind generated energy costs to be about 3 to 4 cents per kW hour with coal power being priced about the same, but added that the trend line was favorable to wind power. Those costs had come down over the past several years while the cost of using coal had continued to go up. He felt if this was true, then we needed to look into it. Mr. Farnen provided names of organizations, such as St. Joseph, Missouri and the Missouri Public Service, that were already using renewable energy sources. He also pointed out that the big energy companies were advertising the use of alternative types of energy. He asked the Council to support this effort.

Frank Cunningham, 1809 Highridge Drive, an engineer with a background in renewable energy as well as energy efficiency design work, spoke in support of the ordinance. He gave statistics showing how aggressively others were going after renewable energy and explained that technology now existed that allowed alternative energy as an option. He passed out a U.S. map showing that Missouri was one of 11 states not having a true net metering law. This ordinance, he commented, would encourage Water and Light to rewrite Chapter 27 on net metering, so that it was a more customer friendly ordinance. He felt the ordinance was good for economic development of renewable energy industries, for keeping more of our energy dollars in the local economy, for helping improve grid reliability through on-site generation, and for helping the environment through reduced emissions that harm health.

Keith Brekhus, 703 Hilltop, spoke in favor of the ordinance saying the targets were very modest and price controls were built in. He thought it was a fairly simple, obvious solution. Since it supported cleaner energy and air without the large costs, he felt we should do it.

Jeff Bush, 2006 Sunborough, felt the inability or ability to utilize green power in Columbia was not an issue of availability, reliability, increased cost, or even transmission, but an issue of partnering. As a City, he thought it naive to believe we had the capability to go out and negotiate individual supplier contracts with multiple plant sources. Over Columbia's history, our partner for additional resources has been one company, now named Ameren UE. Through our partnering with this one company, all the limitations of utilizing renewable energy resources would continue to be real. Should this initiative be favored, the availability of green power sources would be difficult to obtain from the current contractor because they have made no investments to obtain these alternative sources. He noted there was a company in Missouri that had already acquired all the generating capacity of the Gray County Wind Farm in Southwest Kansas. He explained the wind farm was capable of generating 110 megawatts of electricity and, along with two additional co-owned turbines, the generated capacity flowed to their Kansas and Missouri customers. By partnering with companies that were committed to incorporating renewable energy, along with using conventional power supply sources, Mr. Bush felt the problems of reliability were addressed. Additionally, he noted, the increased cost associated with purchases of alternative energy would be spread out over a wider customer base purchasing these resources from partners who already utilized sources of renewable energy. Mr. Bush saw the issue of transmission as a political problem and question rather than a physical issue. He suggested doing business with companies that believed in doing business in a more environmentally responsible manner. He asked, if the initiative passed, if the City would be willing to invest millions of dollars in a locally subsidized bio mass generator to meet the requirements of the petition in order to preserve relationships with a partner who could not and probably would not wish to enable our needs.

Mr. Dasho commented that the Water and Light Advisory Board met last Thursday and passed a motion recommending to the Council that this question be put on the November ballot to allow the public to decide. They also asked that the public be made aware of the financial implications involved.

Mr. Janku understood we were trying to utilize a new technique at the landfill that would basically generate more methane gas. Mr. Patterson replied that was correct and that one of the options they were evaluating for the next cell was to use a bio-reactor type landfill cell. That would be where they artificially induced the production of methane gas with accelerated decomposition of material by injecting fluids. He noted that currently, they felt they had a viable quantity of gas. They had been monitoring this for several years and were currently evaluating three different alternatives on how to best use it. Mr. Janku asked if Mr. Dasho's report had taken into account the new cell. Mr. Dasho replied that it had not. They were just looking at the current supply of gas at the landfill.

Mr. John felt moving in the direction of using renewable resources was a good idea and noted that the City's Public Works and Water and Light Departments were more ahead of the curve than some people thought. He stated that they had been looking at all the transmission, generation, and cost issues. His one concern was the circuit breaker in the first two levels because it meant we would have to pay two and one-half times our energy costs for this energy. He agreed with Mr. Dasho's report in that wind energy at this point could not be used, except maybe for a small amount for base credit. We would still have to buy the capacity even if we did not use the energy in some of these plants. He pointed out that there was an extreme cost in the beginning, which he thought the public needed to be made aware of.

Mr. Hutton asked if the capacity charges had been included in the calculation for additional power in the numbers used for comparing the 3% figure for a potential rate increase. Mr. Dasho replied stating they used the 40% capacity in their calculations, which were for representative purposes. If this were to pass, they would go and negotiate contracts to obtain the correct amount of capacity.

Mr. Janku read the memo to mean we could meet the 2% requirement for an increase in cost of less than 1%. If for some reason the cap, down the road, did not work and was deemed inadequate, the Council would have the authority to amend an ordinance. He pointed out that Columbia used low sulphur coal and had scrubbers on the Municipal Power Plant, even though it was not technically required. He noted that was how we earned the pollution control credits that, in some respect, helped recover part of the cost. His point was that we were and had been paying excess costs to make our environment cleaner. He also noted that today our peak load was a lot less because of all the homes required to have additional insulation. Consistent with that trend, Mr. Janku thought the ordinance should be supported knowing it could be accomplished in the short term. If, in the long term, it was really not practical, he felt they could take steps to address the situation.

Mr. Loveless felt strongly about using renewable energy sources and diversifying the power portfolio. He understood that because of our location, we did not have consistent enough winds to generate our own wind power, nor was the sunshine consistent enough or bright enough to use photo voltaic sources, so we were dependent upon getting these sources from some place else. He felt we should be supportive of those people working on researching and developing these energy sources.

Mr. Ash had no problem with what was being proposed, but said he was in favor of letting the voters decide since it would impact everyone.

Mayor Pro tem Hutton asked if there was enough renewable energy available to meet the goals of 2017, the 10% including transmission. Mr. Dasho replied indicating he was not sure the transmission capacity coming through Kansas City was capable of that kind of increase. However, he stated he was hopeful that by 2010 they would fix the problems they had. He also felt capacity would be available for some price. Mayor Pro tem Hutton commented that we had no idea of how many of these units were going to be built in the future and what the improvements to the transmission lines were going to be. We also did not know how deregulation would affect things. Mr. Dasho stated that was correct, but those kinds of questions would always be out there. Best guesses would have to be used for the future. Mayor Pro tem Hutton stated he was supportive of the concept and felt that we should be doing all we can to conserve energy, which we did a lot of now. He also noted that we should be looking at other sources of renewable energy. To a certain extent, he felt this ordinance took away flexibility. He stated that even if they voted this down and the voters voted it down in November, he would propose a policy resolution that would set standards with more flexibility while still making sure the Water and Light Advisory Board and the Water and Light Department understood it was the goal of the City to buy as much renewable energy as we can afford and to increase it over a number of years. He thought that might be a better way of handling it. He was bothered by the 3% because we did not know what our rates were going to be. He felt they would be adopting something that would come close to automatically raising the rates 3%, even if the Council raised them 20% some year due to the cost of other energy.

B254-04 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, LOVELESS. VOTING NO: HUTTON, JOHN, ASH. ABSENT: HINDMAN. Bill defeated.

B255-04 Calling a special election to be held on November 2, 2004 to consider an initiative ordinance to enact a renewable energy standard.

The bill was given second reading by the Clerk.

B255-04 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

B256-04 Amending Chapter 17 of the City Code as it pertains to hunting in city parks; establishing an archery deer hunting program.

The bill was given second reading by the Clerk.

Mr. Beck noted that the Council Members had received numerous communications in regards to safety and property damage related to deer. He explained that as a result of those concerns, the Council asked Staff to work with the Conservation Department to come up with a plan. A Staff Committee that worked with the Department of Conservation submitted a report, which the Council asked to have put in ordinance form. The ordinance would allow deer hunting on certain City owned property. The report showed, in 2003, there were 49 deer-vehicle collisions reported. If passed Staff would continue to work with the Department of Conservation to set up guidelines for the program. He pointed out that members of the committee were present to answer any questions.

Mr. John asked if something would be advertised in regards to training sessions for hunters that wanted to obtain permits to hunt in these areas. Mr. Beck replied that would be part of the program that would be set up jointly with the Conservation Commission. Mr. Watkins interjected that it would not necessarily be a training program, but a program required to orient potential hunters that wanted to hunt in the four specific areas. Mr. John understood they would have to attend the program to get the rules and regulations. Mr. Watkins replied that was correct.

Mr. Hutton understood they would actually receive a card to carry on their person and a card to put in their vehicle showing they had the right to hunt on City property. Mr. Watkins said that was correct.

B256-04 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

B263-04 Establishing a moratorium on the demolition and removal of buildings in the Columbia Special Business District.

The bill was given second reading by the Clerk.

Mr. Beck explained that passage of this ordinance would extend the moratorium to November 16 and would allow the Planning and Zoning Commission and the Council additional time to address the issue.

Carrie Gartner, 11 S. Tenth, spoke on behalf of the Special Business District Board of Directors. She noted it was not their intent to have a second extension of the moratorium. She explained they had rewritten a proposal that addressed a lot of the questions the Council and individuals from the Methodist Church had. She pointed out that they started meeting with people affected and added that Paul Land indicated he was satisfied with this one. In addition, she noted that a meeting had been set up for the end of the month with Jim Bryant, Pastor, of the Methodist Church. She stated group felt this ordinance was one the Church would be able to get behind. The new proposal would support changes to the parking ordinance and would be limited to the Special Business District (SBD). Providence Road would be removed. It would allow them to bypass the problems of C-3 versus R-3, Providence Road, and C-2 outside the Special Business District. It would also have changes to address entire blocks of properties.

B263-04 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:

B252-04 Approving the Final Plat of Vandiver Business Park Plat 1; authorizing a performance contract.

The bill was given second reading by the Clerk.

Mr. Ash felt it was confusing to have a street change names mid-stream. He asked if the smooth curve could come across Heriford, having Parker intersect into Heriford, instead of the smooth curve coming from Parker down to Heriford. Mr. Patterson explained the street was designed this way because it was a predominant traffic movement. It was lining up Parker for the future and taking the future I-70 widening into consideration. He agreed that there might be an issue in regards to the naming of the streets, but felt the alignment was correct.

Mr. John noted that two existing streets coming together was causing the issue. Mayor Pro tem Hutton agreed that this was not a design issue, but a name issue.

B252-04 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:


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

B253-04 Accepting conveyances for utility purposes.

B257-04 Amending Chapter 2 of the City Code relating to conflicts of interest and financial disclosure procedures.

B258-04 Accepting and appropriating donated funds for the purchase of fire prevention education equipment.

B259-04 Accepting and appropriating donated funds for the purchase of uniforms to the Special Olympics program.

B260-04 Appropriating funds donated by the Columbia Cosmopolitan Luncheon Club to the youth scholarship program.

B261-04 Accepting and appropriating donated funds to the WIC program.

B262-04 Authorizing an agreement with the Missouri Department of Health and Senior Services for the purchase of influenza vaccines; appropriating funds.

R147-04 Setting a public hearing: FY 2005 Budget for the Special Business District.

R148-04 Setting a public hearing: sanitary sewer utility rate increases.

R149-04 Setting a public hearing: voluntary annexation of property located southwest of the intersection of State Route K and Old Plank Road.

R150-04 Setting a public hearing: voluntary annexation of property located on the southwest corner of State Route K and High Point Lane.

R151-04 Setting a public hearing: voluntary annexation of property located on the north side of St Charles Road, east of Upland Creek Road.

R152-04 Setting a public hearing: voluntary annexation of property located on the east side of Bearfield Road, approximately 1,200 feet south of Nifong Boulevard.

R153-04 Setting a public hearing: amendment to the FY 2004 Action Plan for HOME funds.

R154-04 Authorizing application to the Missouri Division of Highway Safety for a law enforcement grant.

R155-04 Authorizing a Full Deed of Release to Positive Motivation Incorporated on property located at 1200 Rangeline.

R156-04 Authorizing a Memorandum of Understanding with the Missouri Housing Development Commission relating to the American Dream Downpayment Assistance Initiative Program.

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


R158-04 Naming a new portion of roadway located within right-of-way south of East Broadway as Broadway Village Drive East.

The resolution was read by the Clerk.

Mr. Bondra explained this to be a request to name a street connection within the right-of-way of Route WW to Broadway Village Drive East. He pointed out it would be directly across from the new alignment of Trimble Road. Both the Fire Department and Joint Communications Department had objections because there was already a private road named Broadway Village Drive located to the west of the subject roadway. They felt it would cause confusion, thus Staff recommended it not be named as requested.

Mayor Pro tem Hutton asked if it would automatically be named Trimble Road, if they were to defeat this ordinance or if they would have to come back with another ordinance. Mr. Bondra indicated that he did not know that it would need to be named since it was already within the right-of-way for WW.

Mr. Boeckmann pointed out, if they did not want to name it Broadway Village Drive East, they could amend the resolution and name it something different tonight. Mr. Loveless was not sure he wanted to name an unbuilt street.

The vote on R158-04 was recorded as follows: VOTING YES: CRAYTON. VOTING NO: JANKU, HUTTON, LOVELESS, JOHN, ASH. ABSENT: HINDMAN. Resolution defeated.

R159-04 Adopting a list of priorities for Missouri Department of Transportation roadway improvement projects.

The resolution was read by the Clerk.

Mr. Beck explained that they had talked about this list of roadways at two work sessions. It was put in resolution form so it could be sent to MoDOT and it was decided the entire list would be considered general priority. If matching funds were available and a project could move forward, they would not want to hold it back because some other road was listed as a higher priority.

Mr. Loveless asked if the list had been shared with the County Commission. Mr. Beck said it was shared with the County as well as the Chamber Board's Transportation Sub-Committee. He noted that they mostly looked at the top few, one of which was 740. They did that because our Congressman indicated that if we could get a private/public agreement on some projects, it might be easier for them to pursue federal funding. He pointed out the roadways on the list that went to Washington were also on this list.

The vote on R159-04 was recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. ABSENT: HINDMAN. Resolution declared adopted, reading as follows:

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

B267-04 Rezoning property located on the north side of Smiley Lane, west of Arctic Fox Drive from R-1 and C-3 to PUD-9; approving the Brookside Square PUD site plan; granting variances relating to offsets of streets and alley length.

B268-04 Approving the Missouri Conference of the United Methodist Church UMC Conference Center O-P development plan.

B269-04 Approving the Final Plat of Tom and Jeff's Most Excellent Adventure Plat 1; authorizing a performance contract.

B270-04 Appropriating FY 04 Fleet Operations revenues to the FY 04 operating budget to offset expenditures for items for resale.

B271-04 Confirming the contract with Admire Construction LLC for construction of the Rollins Road and Rothwell Drive drainage improvement project.

B272-04 Amending Chapter 2 of the City Code as it relates to the order of business for regular council meetings.

B273-04 Adopting the FY 2005 Budget for the Special Business District.

B274-04 Amending Chapters 13 and 22 of the City Code to increase sanitary sewer rates.

B275-04 Amending Chapter 12A of the City Code to establish an application fee for land disturbance permits.

B276-04 Amending Chapter 11 of the City Code relating to public health service fees.

B277-04 Amending Chapter 27 of the City Code relating to water and electric fee changes.

B278-04 Amending Chapter 27 of the City Code relating to water rates.

B279-04 Amending Chapter 27 of the City Code relating to electric rates.

B280-05 Repealing Ordinance 17838; establishing Parks and Recreation fees.


(A) Intra-Departmental Transfer of Funds.

Report accepted.

(B) Street Closure Request/Variance to Open Container Ordinance.

Mr. Beck noted that the request had been circulated through the Departments.

Mr. Janku made the motion that the request be granted as written. The motion was seconded by Mayor Pro tem Hutton and approved unanimously by voice vote.

(C) Additional Information Regarding Street Closure Request - Old Wheels Car Club.

Mayor Pro tem Hutton noted that one of the letters mentioned creating a cul-de-sac for people going west on Broadway at Eighth Street. Mr. Ash understood they would close Seventh and Eighth to the first alley on east side of Broadway for one-half block and also close Broadway from Fifth to Eighth.

Mr. Ash pointed out that the Car Club suggested Sixth and Seventh instead of Seventh and Eighth. Since they approached individual businesses for the request the Council saw two weeks ago, he did not think they could modify what the CCA approved unless signatures were obtained from those people who would be affected. He did not remember Sixth Street being surveyed last time. He thought that as people came west on Broadway they would see that the street was closed and did not think someone would slam on their brakes just as they got to the barriers. If there were concerns about that, he suggested warning signs be put up on Ninth Street.

Curt Braun, 4205 Wales, a member of the Old Wheels Car Club, explained for the past 20 years they had blocked off from Seventh to Tenth. This year, the CCA asked them to move a little west. The streets suggested were Fifth to Eighth Street with a cul-de-sac at the First National Bank at Broadway and Eighth. Based on past experience and with the way people fly down the street, Mr. Braun did not think it was a good idea to have them come to a halt, turn around and go back. He was afraid it would create resentment and possibly an accident. That was why he suggested going from the west side of Eighth Street. He checked with the businesses on that portion of the side street to see if any of them objected. He said the only business affected would be Lucy's and they could leave that side of the street open so her customers could get to her.

Mr. Ash asked what he thought about posting a sign at Ninth Street saying Broadway detour, turn left or right and if he thought that might alleviate the cul-de-sac concern. Mr. Braun replied that it possibly could. He noted that they wanted to get something confirmed so they knew they would have a place for their show. If the Council was comfortable, it was fine with him to do it just the way the CCA had suggested.

Mr. Janku made the motion that they approve the request as suggested by the Central Columbia Association (CCA). The motion was seconded by Mr. Loveless and approved unanimously by voice vote.


Upon receiving the majority vote of the Council the following individuals were appointed to the following Boards and Commissions:


Schmidt, Frederick, 1604 Amelia, Apt. 2, Ward 2 - term to expire 7/31/07


Malicoat, Fred L., 4101 Wappell, Ward 4 - term to expire 8/1/07

Mescher, Kirk T., 308 Stalcup, Ward 4 - term to expire 8/1/07


Calloway, Stephen M., 3900 Sherman, Ward 5 - term to expire 12/31/05


Mescher, Kirk T., 308 Stalcup, Ward 4 - term to expire 8/1/07


Rodhouse, Michelle L., 407 Parkwood, Ward 5 - term to expire 6/1/07


Schnitzer Patricia G., 407 S. Garth, Ward 4 - term to expire 8/31/07


Martin, Michael J., P.O. Box 125 , Ward 4 - term to expire 9/1/07

McRoberts, Andrew J., 1407 Bouchelle, Ward 6 - term to expire 9/1/07

Pape, Brian J., 202 S. Glenwood, Ward 4 - term to expire 9/1/07


Mayor Pro tem Hutton made the motion that Staff be directed to bring back a policy resolution that followed the guidelines of the initiative petition as far as renewable energy was concerned. He added that it did not necessarily need to include the 3% cost, but should include the goals of the amount of renewable energy, while allowing flexibility. He noted that we certainly wanted to emphasize that as a policy, we wanted to look at renewable energy.

Mr. Loveless asked if he would be willing to wait until they received the results of the election. Mayor Pro tem Hutton saw nothing wrong with it being public knowledge that the City was potentially seeking another source. Mr. Janku asked how they felt about asking for an initial staff report. He wanted to see something stronger than a policy resolution, like an ordinance. Mayor Pro tem Hutton did not know what another report would say. They had a report on renewables now and knew what was out there. At this point in time, Mr. Dasho thought it would be a good exercise to do a request for proposals for green energy. He suggested they go to the market place and obtain bids. He also stated that they could look at the transmission issues and report back to the Council. Mr. Janku asked how long that would take. Mr. Dasho thought they could have something in hand within six weeks, possibly sooner. Mr. Janku asked if that would include the landfill methane issue. Mr. Dasho did not think they had enough detail for that, but stated they could provide more information.

Mr. Ash asked if it would be a negative to do something before the election, even though just getting the RFP would help inform the electorate. Mr. Janku said if something meaningful got done before the election, the public might not want to vote for something else. The advantage to doing something before the election was that, if for some reason it did not pass, it would be hard to do anything after a defeat. Once the public spoke, nobody would want to do anything contrary to what was interpreted as their thoughts.

In terms of an RFP, Mr. Janku asked if the Council had to authorize that by vote at a future meeting or if Staff could just send it out. Mr. Boeckmann replied that all kinds of RFP's were sent out without the Council specifically authorizing them. He thought this was a significant enough issue that the Council should pass a motion.

Mr. John thought some people would be surprised and not happy if they voted on something and then found the Council saying they wanted to do something. He felt that if they were moving in this direction, they should at least let the cat out of the bag. He was in favor of having Staff draft a policy resolution and having Mr. Dasho go out for an RFP, so they would have some data for the election.

Referring to an earlier comment about doing something that would have teeth, Mayor Pro tem Hutton stated he did not know what would have teeth other than an ordinance and if they were going to do an ordinance, they could have approved the one earlier tonight. Mr. Janku noted the proponents encouraged the Council to pursue the issue earlier and they declined. That was why they came forward with this. Due to the rush of getting additional signatures, there was no opportunity for interaction or trying to work together to figure out something. He thought there might be, between now and the election, time to have that discussion. Mayor Pro tem Hutton felt, with a policy resolution, the Council would have discretion. Mr. Janku argued they would have discretion with an ordinance as well.

The motion made by Mayor Pro tem Hutton was seconded by Mr. John and approved unanimously by voice vote.

Mayor Pro tem Hutton made the motion that they direct the staff to proceed with an RFP for renewable energy. The motion was seconded by Mr. John and approved unanimously by voice vote.

Mr. Loveless asked the status of information previously requested regarding hunting on recently annexed tracts and what other cities were doing in that regard. Mr. Boeckmann replied that he had not forgotten about it and was still working on it.

Mr. Loveless noted no drinking water was available on the trail between Rocheport and Cooper's Landing, other than the Eagle Bluff's Office. He explained people were traveling up Route K and back again, with concrete trucks running up and down the road, while our drinking water plant was virtually adjacent to the Department of Natural Resource's (DNR) property and their kiosk at McBaine. He understood it would be difficult to run a water line from the water plant to Hindman Junction because the creek would have to be crossed, but felt a line could run from the water plant to the DNR's parking lot. He asked that Staff report back on the cost of doing that.

Mr. Janku made a motion that Staff be directed to prepare a report on the issues talked about earlier with respect to the Downtown Twilight Festival and controlling the sidewalks. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.

Mayor Pro tem Hutton made the motion that Council adjourn to a closed session on Wednesday, August 25, 2004 at 5:30 p.m. in the Fourth Floor Conference Room to discuss the hiring of associate municipal judges and personnel matters. The motion was seconded by Mr. Janku with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. ABSENT: HINDMAN. Motion passed.

The meeting adjourned at 10:13 p.m.

Respectfully submitted,

Sheela Amin
City Clerk