M I N U T E S

CITY COUNCIL MEETING - COLUMBIA, MISSOURI

JANUARY 20, 2004

INTRODUCTORY

The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Tuesday, January 20, 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.

APPROVAL OF MINUTES

The minutes of the regular meeting of January 5, 2004, were approved unanimously by voice vote on a motion by Mr. John and a second by Mr. Ash. APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA

Upon his request, Mr. Janku made the motion that Mr. John be allowed to abstain from Item B under Public Hearings. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.

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

SPECIAL ITEMS

Mayor Pro tem Loveless noted three fifth grade classes in attendance as well as Scouts from Troop 7 working on their citizenship and community merit badges.

SCHEDULED PUBLIC COMMENTS

None.

PUBLIC HEARINGS

B1-04 Rezoning property located on the west side of Maryland Avenue, between Rollins Street and Kentucky Boulevard from R-3 to C-P; approving the Alpha Epsilon Pi Fraternity C-P development plan.

The bill was given second reading by the Clerk.

Mayor Pro tem Loveless noted that a letter had been received from the applicant's attorney requesting that this issue be tabled until February 16, 2004.

Mayor Pro tem Loveless opened the public hearing.

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

Mr. Janku made the motion that B1-04 be tabled to the February 16, 2004 meeting. The motion was seconded by Mr. John and approved unanimously by voice vote.

B6-04 Authorizing Change Order No. 1; approving the Engineer's Final Report; levying special assessments; appropriating funds for the Third Avenue Improvement Project.

The bill was given second reading by the Clerk.

Mr. Beck indicated that at the time the public hearing was held, the thought was the tax bills could be as much as $15.00 per abutting property feet, but after completion of the project, the cost was $13.46. The final cost of this 1300 foot street project was $191,923.98. Approximately $32,500 would be paid through the tax billing process with the remainder coming from Community Development Block Grant funds.

Mayor Pro tem Loveless opened the public hearing.

David Hatton, 1001 Grand Avenue, commented that his tax bill was just under $1,000 and that he had not been paid for property that was taken from him. He explained that 20 feet of his property was taken in order to construct the sidewalk.

Mr. Glascock thought most of the project was done in the existing 40-foot right-of-way. He said he would have to get the address and check into the issue. He was not aware of anything owed Mr. Hatton.

Mayor Pro tem Loveless informed Mr. Hatton that Staff would work with him in finding a solution and thanked him for bringing the matter to their attention.

Carolyn K. Johnson, 108 Third Avenue, stated the street improvements had greatly increased her enjoyment of her property as well as the quality of her life. She felt the amount being assessed as modest and reasonable, but thought the interest rate was too high. She asked the Council to reconsider the interest rate. Since it would be a lien against her real estate, Ms. Johnson thought the rate should be more in line with current real estate interest loans.

Mayor Pro tem Loveless asked how the rates were established. Mr. Boeckmann stated the rate was established by City ordinance. Mr. Hutton understood the rate did not fluctuate with market interest rates. Mr. Boeckmann explained the rate remains the same for ten years, the length of the tax bill. He felt the general philosophy was that if the market rate was lower, people could obtain a loan and pay the City off. Mr. Beck said it was meant to encourage a quicker pay off to the revolving fund.

Mayor Pro tem Loveless closed the public hearing.

B6-04 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:

B10-04 Authorizing construction of water main serving Vanderveen Crossing, Plat 13; providing for payment of differential costs.

The bill was given second reading by the Clerk.

Mr. Beck described the project as 1440 feet of 12-inch water main with the City paying the difference between the cost of an 8-inch line and a 12-inch line. The estimated cost to the Water and Light fund was $14,443.

Mayor Pro tem Loveless opened the public hearing.

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

B10-04 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:

B14-04 Authorizing construction of improvements at Rock Quarry Park, the MKT and Indian Hills Park trails, Park Management Center and Cosmo Park.

The bill was given second reading by the Clerk.

Mr. Beck explained that in 1999, when voters approved the one-quarter percent capital improvement sales tax, an annual amount was to be set aside and utilized for upgrading parks throughout the City. This year, the fourth year of the five year plan, they budgeted $49,000 from the fund for this purpose. The proposal included $5,400 to replace flooring in a home in Rock Quarry Park, $4,000 for trail improvements, $4,500 for a fuel canopy at the Parks Management Center, $6,000 for Cosmo restroom fixtures. The remaining amount would be kept in the fund and would be available to match grant funds or other items that might come up during this fiscal year.

Mayor Pro tem Loveless opened the public hearing.

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

B14-04 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:

(A) Voluntary annexation of property located on the south side of Clearview Drive, north of the present City limits.

Item A was read by the Clerk.

Mr. Beck noted the overhead showing approximately 3.87 acres of ground located in north central Columbia, served by Boone Electric and having a small water line in the Water District area with which City has merged. There is no sewer in close proximity, however, part of the tract is served by a treatment facility. The capacity would have to be worked out if this tract were to be developed. The property is in Fire District territory. All City agencies have been notified of the request.

Mr. Beck pointed out an ordinance would be introduced later this evening and that no Council action was required at this point.

Mayor Pro tem Loveless opened the public hearing.

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

Mr. Hutton asked for clarification regarding whether the Boone County sewer to the north of the property was at capacity. Mr. Dudark replied that was his understanding. Pointing to an area on the overhead, Mr. Dudark added that the area nearby had been annexed and was currently being platted. They were anticipating connecting to the City sewer system once that property reached that point. Mr. Hutton asked if that would require this applicant to work out an agreement with the property owner below him. Mr. Dudark felt that while platting, the easements would be on the adjacent property. He thought that was why they were seeing the request now -- because City sewers have a chance to reach this tract.

(B) Voluntary annexation of property located on the southwest side of U.S. Highway 63 and on the north side of Gans Road.

Item B was read by the Clerk.

Mr. Beck explained this to be a 528 acre tract of ground and that this request was for annexation only, not zoning. The earliest any action could be taken on annexation or zoning would be February 16.

Mayor Pro tem Loveless opened the public hearing and reiterated they would only be discussing whether or not to annex this property into the City at this meeting.

Dan Simon, an attorney with offices at 203 Executive Building, spoke on behalf of the applicant, Elvin Sapp, and the property owners. He pointed out that this property could not and would not be annexed into the City unless the applicant's zoning, as requested, was granted. The annexation was contingent on zoning.

Joe Bindbeutel, 1701 E. Gans Road, said that the annexation presented a very fundamental commitment and decision by the City, particularly an annexation of this scope and magnitude. He asked what the City would be getting if it annexes this property, and what the City and its citizens would be asked to invest in this property in terms of infrastructure, traffic, sewer, water, fire protection, etc. He asked the Council to direct Staff to do some "numbers crunching" prior to granting annexation and to provide the community estimates of costs associated with roads, sewers, etc., along with the amounts of revenue they could expect from the TDD, the interchange, and other revenue streams that would come from a development like this.

Tony Davis, 4655 Rock Quarry Road, noted a residential development plan was underway to the west of this property involving approximately 600 acres. There was concerned regarding what would happen when the Philips tract was developed and whether or not it would be done in a protective manner for that community as well as for Rock Bridge State Park. The hope was to have a watershed study done before all of this came up for a vote so there could be a plan for the whole watershed prior to this area being developed. Mr. Davis saw this as reason for hesitation.

Mayor Pro tem Loveless closed the public hearing.

OLD BUSINESS

R266-03 Approving Preliminary Plat, Mill Creek Manor Plat No. 1.

The resolution was read by the Clerk.

Mr. Beck explained this as a 99.6 acre tract of ground at the corner of Old Mill Creek and Crabapple Lane, extended. It was his understanding that the street plan had been worked out.

Mr. Dudark explained that previously the plan called for an extension of Crabapple Lane on the north side of the subdivision. The plan was to build Crabapple Lane at the cost of the developer for a distance of about 1200 feet to the second residential street. At that time, the Council was concerned about the prospect of building it further and there was discussion about the developer building the street east of the boundary line. Since that time the developer had evaluated the issue and is now back before the Council with a different configuration. Crabapple Lane was no longer along the north side of the Subdivision, but, generally, through the middle of the subdivision. No variances were being requested at this point. The plan now was to build a collector street, 38-feet wide, with 66-feet of right-of-way. The street would have lots, driveways, and parking on both sides. He noted that an additional change had been made since the time the map had been sent to the Council. The easement shown on the south side, in the middle, was now being proposed as a fully stubbed street. He indicated it would be built to the property line in conjunction with the phasing of the subdivision.

Mr. Hutton inquired about the three required means of public access. He asked if the stub street would count as one of those three means. Mr. Dudark replied it would have to if one of them was a collector. In this case, one of them was a collector, an interior collector. Mr. Hutton pointed out that the resolution says three. Mr. Boeckmann recommended amending the resolution by deleting Section 4 regarding the number of public access means and Section 3 regarding a variance. He noted the same changes would need to be made in the caption of the resolution. Also, the date of the plat needed be changed from the one dated December 4, 2003 to the one dated January 16, 2004.

Mr. Ash noted the report mentioned a concern about cut-through traffic. He asked what, historically, had been the City's experience with similar streets. Mr. Janku said it was designed to be a street which carries traffic through it from other neighborhoods. He thought the concern was probably excessive speed.

Mr. John explained it had been decided, for the most part, that in R-1 and R-2, there would not be collector streets with driveways onto them because of traffic congestion, defeating the purpose of moving traffic through. He said this had created a situation where a lot of extra streets were being built because they were basically building a collector street which nobody had access to. For that reason, one extra street had to be built in almost every subdivision to give the lots access. He felt this one was basically going back to the old model. If it became a high volume street, Mr. John felt, the concern would be valid. He thought traffic calming devices might be called for in the future.

Mr. Janku noted that other developments recently have added traffic calming as part of their original construction, making it a lot cheaper for everyone. He asked how Public Works would deal with that. Mr. Glascock replied that they would have to do it before streets were built otherwise the driveways would be involved. He thought there had been some islands in their last proposal which would slow down traffic.

David Rogers, an attorney with offices at 813 E. Walnut, spoke on behalf of Jack and Fred Overton and the Mill Creek Development Corporation. Under the present situation, he pointed out that they would be building the entire 38-foot wide collector street and providing all of the land for the street, none of which would be at City expense. In this kind of dual purpose street, going through a subdivision and also carrying the traffic a collector carries, he felt, the cars parked on both sides and the driveways would provide sufficient traffic calming. If additional traffic calming appears to be needed, he noted that this was just a preliminary plat so it could be incorporated at a later time. Mr. Rogers admitted he was not an engineer, but did not think it would be needed.

Mr. Janku was satisfied this addressed concerns raised during the earlier discussion about getting better access to this area of the community.

Mr. John made the motion to amend R266-03 by changing the date of the plat to January 16, 2004, deleting the last two sections and making corresponding changes in the title of the resolution. The motion was seconded by Mr. Ash and approved unanimously by voice vote.

The vote on R266-03, as amended, was recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. ABSENT: HINDMAN. Resolution declared adopted, reading as follows:

B2-04 Approving the Final Plat of Fellows Addition #6; granting variances to the Subdivision Regulations.

The bill was given second reading by the Clerk.

Mr. Beck described this as just under a half acre located on the southeast side of Fellows, 150 feet west of Rock Quarry Road. The Planning and Zoning Commission recommended approval with variances to sidewalk and street width.

Mr. Dudark explained they were seeking a plat in order to be able to install a cell tower. He said there were no plans for any buildings.

Mr. Ash asked about policy regarding communication towers. Mr. Boeckmann explained it was part of the zoning ordinance and that they were conditional uses in various zones. The request would have to go to the Board of Adjustment, but the request could not go to that Board until the property was platted. Mr. Ash noted it was near the scenic Rock Quarry area and was hopeful that this would be taken into consideration.

Jim Patchett, a surveyor with offices at 1206 Business Loop 70 West, pointed out that the tower they wish to install was a stealth tower, disguised as a flagpole. He did not believe a conditional use would be required for this disguised tower. There was discussion at this point about height restrictions, different zoning categories, and whether the tower would require a conditional use permit.

B2-04 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:

B11-04 Appropriating water and electric revenue bond funds.

The bill was given second reading by the Clerk.

Mr Beck explained that when the City had the last water and electric ballot issue, various improvements were included. This would appropriate $9,260,000 of Water and Light fund to various projects including replacement of four-inch lines downtown for $240,000.00, storage capacity for a deep well for $250,000.00, water treatment addition for $6,300,000.00, northeast pressure zone pump station area for $1,260,000.00, painting the Shepard Boulevard water tower for $310,000.00, 36-inch water line main for $600,000.00, and a central water system for $300,000.00.

Mr. John felt three of the above items appeared to be maintenance items which should be part of their standard process and not lumped into bond issue type things. He specifically noted the upgrade of software and painting of the tower as items that should be budgeted each year. Mr. John felt maintenance should be part of the every day rate.

Mr. Hutton agreed that some of the items are maintenance, but all of the items appeared on the ballot issue and on all of the publicity as part of the bond issue. Mr. Beck thought Staff felt these to be major maintenance items which would normally not be included in an operating budget.

B11-04 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:

CONSENT AGENDA

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

B3-04 Approving the Final Plat of Columbia Fire Station No. 5.

B4-04 Approving the Final Plat of Auburn Hills Plat 8; authorizing a performance contract.

B5-04 Approving the Final Plat of Stonecrest, Plat No. 6A; authorizing a performance contract.

B7-04 Calling for bids relating to the construction of sewers in Sanitary Sewer District No. 156 (Edgewood and Westmount Avenues).

B8-04 Authorizing the acquisition of easements necessary to construct Green Meadows Road from Providence Road to Route AC.

B9-04 Authorizing Change Order No. 1 to the contract with Concrete Engineering, LLC relating to the construction of a right turn lane at the southwest corner of Broadway and Providence Road; accepting Engineer's Final Report.

B12-04 Amending the FY 2004 Pay and Classification Plans to upgrade certain positions in the Water and Light Department.

B13-04 Accepting conveyances for utility purposes.

B15-04 Appropriating FY 2003 Part II Homeland Security - Office of Domestic Preparedness funds for the purchase of bio-surveillance software for the Health Department.

B16-04 Appropriating FY 2003 Part II Homeland Security - Office of Domestic Preparedness funds for the purchase of communication equipment for the Emergency Management Department.

B17-04 Calling a municipal election to elect a Mayor and Council Members for Wards 3 and 4.

B18-04 Authorizing acquisition of land necessary to construct a fire station at the intersection of Blue Ridge Road and Providence Road.

R15-04 Setting a public hearing: voluntary annexation of property located on the northeast corner of Scott Boulevard and Bethany Drive.

R16-04 Setting a public hearing: special assessments against property specially benefitted by public improvements made to Sanitary Sewer District No. 144 (Mexico Gravel Road).

R17-04 Setting a public hearing: sidewalk construction on the north side of Business Loop 70 from Creasy Springs Road to Garth Avenue.

R18-04 Setting a public hearing: construction of improvements at Flat Branch Park Phase II.

R19-04 Authorizing the proposed change in the approved project under an agreement with New Wave Corporation involving FY 2004 tourism development funds.

R20-04 Authorizing renewal of a contract with the Central Missouri Humane Society for animal control services.

Mr. John inquired about the corner truncations mentioned in B3-04. He said his packet did not show them. Mr. Dudark responded that they had been changed to show them.

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:

NEW BUSINESS

R21-04 Authorizing a letter of support for the Yarco Company's proposed acquisition and rehabilitation of Lakewood Apartments.

The resolution was read by the Clerk.

After reviewing the request, Mr. Beck noted that Staff was supportive and felt this would be an upgrade of the apartments. The location is East Walnut Street, off of Old 63.

The vote on R21-04 was recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. ABSENT: HINDMAN. Resolution declared adopted, reading as follows:

R22-04 Granting a five year extension for filing a Final Plat for Columbia Mall West.

The resolution was read by the Clerk.

Mr. Beck pointed out that this would be the third extension, if granted.

Mr. Hutton asked at what point they would look at the appropriateness of the plat by today's standards. If the extension was not approved, Mr. Hutton understood it would expire and they would have to preliminarily plat it all over again. He reminded everyone that once a preliminary plat was approved, the Council had very little discretion on the final plat if it conformed with the preliminary plat.

If the Council were to deny the extension, Mr. Dudark explained, the applicant would then have to file a final plat in order to preserve their project. To file a final plat, they would have to extend Bernadette to the west. The land is undeveloped at this point and they cannot sell the property nor can they get any building permits on the lots unless they final plat it. Mr. Dudark said they were just holding the property and it was more or less frozen. He felt Mr. Hutton's question would relate if the City were to make major changes in its requirements. Examples he gave were storm water plans or things that would be triggered if they had to replat it or file a revised preliminary plat. He indicated that would be the time to question this and noted that they have seen nothing substantive that would do that.

Mr. Hutton understood Mr. Dudark to be saying that Staff has looked at the preliminary plat and found it to be pretty much in conformance with today's policies. Mr. Dudark responded affirmatively. He said Fairview is built already, even though it is not platted on either side. The City acquired the property by deed rather than by plat. He noted the only street that has not been extended is Bernadette west of Fairview. He pointed out the area to the west was undeveloped and said it would not serve anything. If there was development needing the connection, Staff would have pointed it out.

Mr. Janku asked if issues like storm water management would be affected by this extension. Mr. Dudark said that was still under discussion and added that no substantive changes have been made in the City's storm water management requirements. Mr. Beck noted that the Mall did have detention. Mr. John pointed out this was a separate piece under separate ownership.

If substantive changes were made to road standards, storm water management, etc., and this preliminary plat was extended, Mayor Pro tem Loveless asked if the new standards would apply to this property. Mr. Dudark stated that once a preliminary plat is approved, all of the regulations in effect are frozen for that preliminary plat and the lots. Any subsequent changes would apply to preliminary plats that came in the door after that. Mr. Ash likened it to being grandfathered for another five years. Mr. Dudark agreed. Mr. Loveless understood that standards of 20 years ago would be applied to this preliminary plat if the extension is approved. Mr. Dudark replied that was true, but pointed out that the standards are not that much different than a plat approved at the last Council meeting which has a seven year grandfathering, more or less, from any changes. Although that was true, Mr. Loveless noted significant storm water issues coming ahead of them. Mr. Dudark agreed and added that those would apply to any new preliminary plats. Mr. Loveless said they would not apply in this case if they approve the extension. Mr. Dudark agreed they would not, nor would they to any other plats the Council has approved in the last seven years.

The vote on R22-04 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:

B19-04 Voluntary annexation of property located on the south side of Clearview Drive, north of the present city limits; establishing permanent PUD-6 zoning.

B20-04 Voluntary annexation of property located on the southwest side of U.S. Highway 63 and on the north side of Gans Road; establishing permanent PUD-1, PUD-3, PUD-4, O-P, C-P and C-3 zoning.

B21-04 Rezoning property located on the southeast corner of Ballenger Lane and Mexico Gravel Road (State Route PP) from District A-1 to District R-1.

B22-04 Approving the Woodland Springs C-P Development Plan.

B23-04 Granting a variance to the Subdivision Regulations relating to sidewalk construction along the east side of Carter Lane adjacent to College Park South Subdivision Plat 1.

B24-04 Approving the Final Plat of Eagle Park Plat 9-A, a replat of Lots 1 and 2 of Eagle Park Subdivision Block No. 9; granting a variance to the Subdivision Regulations relating to sidewalk construction.

B25-04 Approving the Final Plat of Eastport Gardens Plat 2; authorizing a performance contract; granting a variance to the Subdivision Regulations relating to C-P development plan approval.

B26-04 Approving the Final Plat of Valley View Park.

B27-04 Vacating street right-of-way for Meadowlark Court.

B28-04 Approving the Engineer's Final Report; levying special assessments; appropriating funds for Sewer District No. 144 (Mexico Gravel Road) project.

B29-04 Approving the Engineer's Final Report relating to the Business Loop 70 from Route B to Old 63 Sidewalk Project.

B30-04 Authorizing the acquisition of easements necessary to construct H-21 Relief Sewer Project (Hominy Branch Watershed from Moon Valley Road to U.S. 63).

B31-04 Amending Chapter 14 of the City Code to prohibit parking along sections of Ashley Street.

B32-04 Accepting conveyances for utility purposes.

B33-04 Appropriating funds for fencing at the Rail Terminal Site.

B34-04 Calling for bids through the Purchasing Division for construction of improvements at Flat Branch Park Phase II; appropriating funds.

B35-04 Amending Chapter 4 of the City Code relating to alcoholic beverage licenses.

B36-04 Amending Chapter 16 of the City Code relating to false identifications.

B37-04 Authorizing a contract with the Missouri Department of Health and Senior Services for the West Nile Virus Public Outreach program; appropriating funds.

B38-04 Appropriating FY 2003 Part I and Part II Homeland Security - Office of Domestic Preparedness funds for the purchase of equipment for the Fire Department.

REPORTS AND PETITIONS

(A) Intra-departmental Transfer of Funds.

Report accepted.

(B) Recommendations of the Cable Television Task Force.

Mr. Beck noted that a report had been forwarded to the Council from the task force. Their recommendation was to hire a consultant and have the companies audited. If the Council wishes to proceed in that direction, Mr. Beck recommended that Staff come back with some cost estimates and funding sources.

Mr. John made the motion that staff be directed to report back with cost estimates and recommendations on funding sources. The motion was seconded by Mr. Janku.

Mr. Janku was hopeful some of the work could be done internally.

Mr. Ash liked the idea of investigating costs and possible sources, but thought it would be worthwhile to ask the task force to take into consideration the wishes of the majority of Columbians, not just the people with a strong interest in public access. He noted it would be cable bills paying for the changes, not MediaCom. He was hopeful the task force would not "rubber stamp" CMRA's recommendations. Mr. Loveless asked how he would suggest communicating this to the task force. Mr. Ash thought a copy of his comments from the minutes would suffice.

Mr. Janku suggested asking for an interim report and then discussing the issue at a work session. Mr. Ash liked that idea. It was decided the issue would be added to the work session list.

The motion made by Mr. John, seconded by Mr. Janku, was approved unanimously by voice vote.

BOARDS AND COMMISSIONS

Mayor Pro tem Loveless announced that Mayor Hindman had appointed the following individuals to his Committee on Physical Fitness & Health:

Forck, Sarah L., 1946 Jackson, Ward 2

Miles, Jack W., 4012 Bent Oak - Ward 5

Roberts, Patricia L., 505 Clinkscales - Ward 2

Tobias, Julie A., 4112 Compton - Ward 5

Upon receiving the majority vote of the Council the following individual was appointed to the Police Retirement Board:

Orzeske, Benjamin A., 507 High Street, Ward 6 - term to expire 12/31/05

COMMENTS BY STAFF, COUNCIL AND PUBLIC

Mr. Hutton made the motion that the Council go into a closed session at 6:00 p.m. on Thursday, January 29, 2004 in the Fourth Floor Conference Room of the Daniel Boone Building to discuss pending litigation and the purchase of real estate. The motion was seconded by Mr. John with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. ABSENT: HINDMAN. Motion passed.

Mr. Janku reported that the paint striping on Broadway near Hy-Vee (Park DeVille intersection) had worn away. Mr. Beck replied Staff would contact MoDOT regarding the issue.

Mr. Janku commented that the interest rate issue should be revisited at some point in time.

Ms. Crayton reported a site problem on the corner of Hirth and Worley caused by tree branches. Mr. Loveless asked if trimming the tree would correct the problem. Ms. Crayton thought it might. Mr. Beck commented he would pass the concern to the Public Works Department.

Mr. John commented on a meeting held last week with a homeowners association to discuss the territorial agreements between the City and the Boone County Fire Protection District. Two things had come out of the meeting that he promised to push forward. One was on EMT calls where the City is not rolling engines from multiple stations. If the first closest station was a District station and the second closest happened to be a City station, or the reverse situation, and if the first call was not answered, then the next closest station (City or County) should be the back up station. On fire calls, when they are rolling from two different stations with separate equipment and personnel, he noted, it might not work to back up one immediately with the other. But in the case of rolling from only one station, Mr. John thought it would make good sense and indicated he would like to see it looked into. If a response comes back indicating problems with it, he wants to understand what the problems are.

Mr. John made the motion that Staff be directed to report back on his above suggestion. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

Mr. John commented that several months ago he had asked about the status of the aerial topographical maps taken a few years ago. He noted that the County has its aerial maps without the topos on line which can be printed.

Mr. John stated that during the fall, flooding had been pointed out on Brandon at Providence Road at which time he had asked Staff to look into it. Although it may not have rained enough for them to look into a flooding situation, the neighborhood has asked for some feedback and he would like a follow up on the matter also.

Mr. Hutton commented that Route B, from town toward the landfill, was becoming more and more trashy with material blowing off trucks on their way to the landfill. He asked if the City periodically cleaned the area. Mr. Beck said that Public Works should be cleaning it from time to time. He noted that uncovered trucks entering the landfill are being fined with the idea being to use the money to periodically clean the roadway. Mr. Becks stated he would check into the situation.

Mary Hussman, 5306 Rice Road, Grass Roots Organizing, commented on R21-04, the letter of support for the Yarco Company's proposed acquisition and rehabilitation of Lakewood Apartments. She asked that her organization be sent a copy of the letter. She explained that GRO opposed the management practices of Yarco Company, having heard from hundreds of people over the past two years that Yarco had been at Columbia Square Apartments. She reported that they deal with tenants in a heavy handed manner, lack appropriate due process or accountability, and continue to violate Columbia's residents their civil liberties. She passed out copies of a letter from the Missouri Housing Development Commission and commented that she had many questions and wanted affordable housing for Columbia residents. In light of Yarco Management's controversial conduct at Columbia Square, the confusion of the status of both the Lakewood and Claudell proposals, and other unanswered questions, Ms. Hussman called for Council reconsideration of the vote to provide a letter of support for Yarco's acquisitions in Columbia.

B.J. Loveall, a bus rider for six years, voiced concern about the transit system in regards to the of routes, length of the routes, and the attitude of transit workers . Mr. Loveless told Mr. Loveall that the City periodically examines routes and that the Public Works Director would be made aware of his comments. Mr. Janku added that a public hearing would be held before too long regarding the routes.

The meeting adjourned at 8:25 p.m.

Respectfully submitted,

Sheela Amin

City Clerk