M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
FEBRUARY 3, 2003

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, February 3, 2003, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU and HUTTON were present. The City Manager, City Counselor, City Clerk and various department heads were also present.
 

APPROVAL OF MINUTES
    The minutes of the regular meeting of January 21, 2003, were approved unanimously by voice vote on a motion by Mr. Loveless and a second by Mr. John.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mr. Hutton asked that R26-03 and B49-03 be tabled to the next meeting. Mayor Hindman noted that B29-03 would be moved from Consent to Old Business. He further noted that R33-03 would be added to New Business.
    The agenda, as amended, including the Consent Agenda, was approved unanimously on a motion made by Mayor Hindman and a second by Mr. Loveless.
 

SPECIAL ITEMS
    Mayor Hindman introduced Scouts from Troop 3 who were present in the audience. He also introduced Helen Khatsava who is visiting from our Sister City in Kutaisi, the Republic of Georgia.
 

(A)     James C. Dowling and/or Delores Algiere - Economy Towing.
    Jim Dowling, an attorney with offices in Fulton, spoke on behalf of Economy Towing. He appealed the denial of their application to be included on the Police Department's wrecker of the week list. He passed out information regarding the appeal.
 

(B)     Andrea Burns, Jack Lillard, Ellen O'Neill, Jeff Johnson - affordability of The ARC.
    Jack Lillard, a Columbia resident, remarked that the City needs to provide affordable accessability to The ARC for all Columbians. Approximately 19.2% of the population in Columbia live below the poverty level and cannot afford access to The ARC. Mr. Lillard passed out packets of information and believed the inequities could be addressed by a sliding scale fee.
    Andrea Burns, 1001 Rogers, expressed her concern over The ARC fee schedule. She asked the Council to consider a reduced fee schedule for students.
    Jeff Johnson, 307 Trinity, commented that his family of six is too large for a family membership. He reported that he would have to pay for a family membership plus a $25 fee for the fourth child.
    Peggy Bynan, 1201 Paquin, commented that she cannot go to The ARC as often as she would like because she cannot afford the cost of transportation plus the daily admission fee.
 

PUBLIC HEARINGS
B23-03     Rezoning property located on the west side of Fay Street, approximately 400 feet south of Business Loop 70 East, from R-3 to C-P.
    The bill was given second reading by the Clerk.
    Mr. Beck explained the property in question is located directly south of the applicant's old office. He said they are positioning themselves to where they can expand the office and lab at a future date. Mr. Beck reported that both the Planning and Zoning Commission and staff recommend approval.
    Mayor Hindman opened the public hearing.
    Tim Reed, 1113 Fay Street, indicated he is a partner with Engineering Surveys and Services and LTD Partnership, who are owners of the lot. Mr. Reed explained that these businesses have been located in four different buildings on this block since 1954. They have been in their current building since 1973, with additions being constructed in 1981 and 1989. Mr. Reed explained that they provide civil engineering and land surveying services, as well as having laboratories for construction materials and analytical testing. The lot in question was purchased last summer and at some point in the future they intend to use it for office expansion. He commented that this issue was discussed with the North Central Neighborhood Association and as a result they are requesting the planned commercial zoning be restricted to office and laboratory uses.
    Mayor Hindman closed the public hearing.
    B23-03 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B24-03     Amending Chapter 29 of the City Code relating to on-site automobile and bicycle parking.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this ordinance would actually defer the construction of some parking spaces; however, the applicant would have to have enough land available to satisfy the total parking needs. It would also reduce the bicycle parking spaces from two and one-half feet in width to two feet.
    In regard to the term "reasonable amount of time" when referring to appropriate action, Mr. Loveless asked how much time that meant. Mr. Dudark indicated that would depend on the nature of the circumstances. A relatively simple fix would require a shorter period of time, whereas something more involved could take more time. He said it would be hard to predict for each case what that amount of time would be.
    Mayor Hindman asked about bicycle spaces only being mandated in places where there are 50 or more parking spaces. He thought there would be an argument for requiring bicycle racks in most new developments. Mr. Dudark responded that this was thought to be a threshold in terms of providing bike accommodations without eliminating any parking spaces that would normally be needed for a business.
    Mayor Hindman opened the public hearing.
    There being no comment, Mayor Hindman closed the public hearing.
    B24-03 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

R32-03     Certifying local organizations as community housing development organizations (CHDO); amending the FY 2002 Action Plan; authorizing agreements for allocation of CHDO funds.
    The resolution was read by the Clerk.
    Mr. Dudark explained that this amendment would set aside 15% of the City's HOME allocations to CHDO funds which is required per HUD regulations. He indicated that this must be done each year in addition to certifying organizations that meet requirements of the regulations. Mr. Dudark reported there are two agencies that submitted proposals and documentation to verify their qualification. He stated that Habitat for Humanity submitted a request for $75,000 which will be used as a part of their continued acquisition of lots for new housing. The second proposal was submitted by Enterlight Ministries for $20,000 in funding that will be used to finish a house that is under construction at 311 Ash Street. Mr. Dudark explained that there is $90,600 available in funding, and staff recommends approving $70,000 for Habitat and $20,600 for Enterlight. He noted that the memorandum also explains the changes to the Action Plan.
    Ms. Crayton asked about the lower allocation for Enterlight Ministries. Mr. Dudark responded that is what the agency requested in their first application. After the deadline, Enterlight sent another letter asking for more funds, but the combined request would exceed the funds available. Ms. Crayton remarked that transitional housing is needed in the community. Mr. Dudark replied that both organizations build homes to be purchased mainly in the central city. Ms. Crayton reiterated the need for transitional rental housing other than public housing. Mr. Dudark commented that there will be another round of applications for the 2003 CHDO funds. If organizations are interested in transitional housing, such as that being suggested by Ms. Crayton, agencies could submit a proposal along those lines.
    Mr. Janku indicated this is something that could be included in the housing needs study and maybe there could be some information about how other communities provide transitional housing. Mr. Dudark related that if there is a need for this type of housing, an agency who would be willing to provide such a service would have to be identified.
    Mayor Hindman opened the public hearing.
    Jerry Black, 501 Grampion, President of the Board of Directors for Show-Me Central Habitat for Humanity, encouraged the Council to approve their funding application. He spoke about Habitat's plan to use CHDO funds to buy land and to demolish any houses on such property. During the past year, he noted that Habitat has built 11 homes on individual lots scattered throughout the City. Mr. Black explained that their ministry group is charged with building houses for persons in the 30-50% median income group.
    Reverend Young, 800 Donnelly, President and CEO of Columbia Enterlight Ministries, explained that they submitted an application to purchase six houses in one centralized location. When the property at 311 West Ash was purchased, he said they assumed they would be able to use acquisition money to complete the construction. However, the construction loan was for $74,000 and Enterlight was not able to buy the lot, do the demolition, pay for infrastructure and build a $93,000 house for that amount. He noted that staff told him that Enterlight could apply for additional funding to finish the house. Rev. Young reported that the other five houses were not included in the first request as they assumed, since there were two CHDO requests, the funding would be split between the two. He noted that he has three clients that have funding approval for loans and Enterlight is in the process of looking for lots for them right now. He passed around a before and after photo of a project his agency was involved in.
    Mayor Hindman closed the public hearing.
    Mr. Janku asked when the 2003 funds would be available. Mr. Dudark replied these funds would be available when HUD approves the City's application -- which is in their offices presently. He estimated April. Mr. Janku questioned if that was when another RFP would be issued. Mr. Dudark indicated that staff might issue it before then, but the deadline would coincide with the release of the funds. Mr. Janku wondered about the availability of other funding, he thought some funds were set aside to help the Housing Authority with their program. Mr. Dudark responded that the City has received a request from CHA for some unprogramed HOME funds. He said that will come before the Council at the next meeting. At this point, he said there are no other funds available. Mr. Janku asked if Enterlight would be eligible for the unprogramed HOME funds as well. Mr. Dudark stated they could apply for those funds. He noted there are also new home construction acquisition funds (programmed HOME funds) for which anyone could apply. Mr. Dudark related that Enterlight has availed themselves of funds under that category.
    Mayor Hindman asked about the differences in the two agencies. Mr. Dudark explained that the organizations are reaching different income levels. Mayor Hindman wondered if there was a way the two groups could work together. He noted that if the homes constructed by the agencies were interspersed through a subdivision, it would be a step toward a mixed neighborhood.
    The vote on R32-03 was recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

(A)     Voluntary annexation of property owned by the City located generally west of Scott Boulevard and north of Millbrook Drive.
    Item A was read by the Clerk.
    Mr. Beck explained that staff has been pursuing the goal of having governmental owned property being annexed into the City regardless of whether it is federal, city, county, etc. In this case, the City owns the 10 acre tract where an electrical substation is located.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
 

(B)     Voluntary annexation of property owned by the City located on the south side of Brown School Road, approximately one-half mile west of State Route 763.
    Item B was read by the Clerk.
    Mr. Beck noted that this 1,950 square foot lot is also owned by the City. A water well is located on the site which the City acquired from Water Supply District #1. Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
 

(C)     Construction of sidewalk along the south side of Business Loop 70 from Route B to the west side of Old 63.
    Item C was read by the Clerk.
    Mr. Patterson explained that the Council requested that this sidewalk be implemented in conjunction with the construction of the pedestrian bridge over the Business Loop along Route B. He said the project is nearly complete and he understood the only remaining item to be the completion of the protective fencing on it. He noted this would provide a pedestrian connection from Route B down to Old 63. The project cost was $22,000.
    Mr. Patterson reported that as planned, the sidewalk would be a five foot concrete walkway and could be contained entirely upon MoDOT right-of-way. Staff has been in communication with MoDOT, and they have concurred conceptually with what is being proposed. Mr. Patterson noted that staff also spoke with adjacent property owners and have found them to be receptive, subject to certain conditions. One condition was that none of their property be taken and another was that they not be responsible for maintenance. The issue was also referred to the Bicycle/Pedestrian Commission for comments. Their recommendation was that instead of a five-foot sidewalk, that an eight-foot shared use pathway be constructed instead. Using the overhead, Mr. Patterson showed how the five-foot sidewalk could be built entirely on the right-of-way. There are two choices in widening the walkway to eight-feet; it would either have to be extended further into the state right-of-way which would require the construction of a retaining wall to support the sidewalk because of the steep slope, or extended into the back of the right-of-way which would require the acquisition of property. The cost of acquiring such for the walkway would result in an increased cost of approximately $12,000, or a 56% increase from what was budgeted for the project.
    Mayor Hindman opened the public hearing.
    Christy Welliver, 184 W. Green Meadows, noted that two wheelchairs cannot go side-by-side on five feet sidewalk. However, she questioned whether or not this location needs an eight-foot walkway. She spoke of the importance for such in residential areas, but was not sure it was necessary in this location. Ms. Welliver recommended the five-feet because she did not think it would get a great deal of use.
    Mayor Hindman closed the public hearing.
    Mayor Hindman made the motion that staff be directed to build the five-foot walk. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

OLD BUSINESS
R33-03     Accepting bid for Water and Electric System Revenue Refunding Bonds, 2003 Series A.
    The resolution was read by the Clerk.
    Lori Fleming explained that eight bids were accepted this morning, with the true interest cost of the winning bid being 3.5656%. She said that compares with the lifetime average on that variable rate bond of 3.8%. Ms. Fleming reported the sale of the bonds will establish fixed rates at a time when interest is at an almost all time low, and free up the $2 million need to proceed with various water projects.
    The vote on R33-03 was recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

B20-03     Authorizing issuance of Water and Electric System Revenue Refunding Bonds, Series 2003.
    The bill was given second reading by the Clerk.
    As usual with bond ordinances, Mr. Boeckmann explained that when the bill was introduced there were some areas left blank. He said there had also been some consideration of including bond insurance, which was subsequently dropped. He asked that a motion be made to substitute a new bill which filled-in blanks and removed the bond insurance language.
    Mr. Janku made the motion thatB20-03 be amended per Mr. Boeckmann's suggestion. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    B20-03, as amended, was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B27-03     Authorizing acquisition of easements necessary for the construction of the Westcliff and Stonecrest Sewer Project.
    The bill was given second reading by the Clerk.
    Mr. Patterson explained that the City plans to acquire, on behalf of a developer, an easement for a public sewer line that would connect a developing subdivision to existing City sewers. Any expenses incurred by the City in regard to this acquisition is reimbursed by the developer. Mr. Patterson indicated the property is located on the west side of Perche Creek, north of Gillespie Bridge Road. It will connect with the new subdivision west of Scott Boulevard.
    Mr. Hutton assumed consideration had been given for the location of the line as far as future development is concerned. Mr. Patterson replied that staff has ensured this is the appropriate location for the sewer line.
    Mr. Loveless asked if the property is located in the flood plain. Mr. Patterson indicated the sewer line will be located in the Perche Creek flood plain. He said the line will connect to an area that will be developed. He explained the property to be acquired for the sewer will not be developed nor would the property immediately to the east of Perche Creek. Mr. Patterson reported that development will occur up past the flood plain elevation.
    B27-03 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B30-03     Establishing Sanitary Sewer District No. 150 along Mexico Gravel Road, adjacent to the intersection of Mexico Gravel Road and State Route PP.
    The bill was given second reading by the Clerk.
    Mr. Patterson explained the area to be located on the north side of Mexico Gravel Road, west of the Route PP intersection. He noted that a petition had been received from property owners of parcels along Mexico Gravel Road and Route PP. The staff met with interested property owners and presented preliminary plans and cost estimates. He stated that Sewer District No. 144 was formed and the sewer line was constructed last fall. This proposed District No. 150 will complete the sewer project necessary to serve the area.
    Mr. Patterson reported that when looking at this area, an issue came up regarding large tax bills for developers. The Council subsequently passed an amendment that allowed deferring tax bills of over $5,000 to residential lots subject to the conditions that the balance will be deferred until either the parcel of land is subdivided, the property is rezoned, or the number of water connections serving the lot is increased. He said this then gives the Council the opportunity to collect on any deferred tax bills. Mr. Patterson related that this Sewer District will serve ten rather large parcels of property. If the Council agrees to defer tax bills in this situation, out of the $200,000 estimated for the construction of the project, $48,666 will be tax billed and the remaining $151,914 will be deferred.
    Mr. Patterson noted that sufficient data has been prepared determining the lots should be served as shown, although in some discussions with property owners there was some interest in having the line run along Mexico Gravel Road. He said the topography is such that the alignment shown in the proposal is staff's recommendation as it will keep costs to a minimum and serve the area in a better way. If this ordinance to establish Sewer District No. 150 is approved by the Council, Mr. Patterson said the next step would be to set a formal public hearing at which time the Council would further discuss the tax bills and possible assessments to properties.
    Marie Anderson, 4405 Mexico Gravel, was concerned about the tax bill she could receive. Being retired, she said it would be impossible for her to pay such an amount.
    Mr. Patterson reiterated the three conditions under which the deferred assessments are levied. He said the sale of a house as a continued residential use would not trigger the deferral of the tax bill.
    Mr. John said the subdivider would have to pay the tax bill, but as long as it remains one lot, the deferred amount could not be triggered.
    Laura McKee, 4403 Mexico Gravel, believed the deferral would decrease the property value of her house.
    Mr. Hutton disagreed. Mr. John argued the point that having public sewer to her property would actually enhance it a great deal more than the tax bills.
    Ms. McKee noted the increase in the deferral rate since the project was originally proposed. Furthermore, when she purchased her home in 1999 she was not aware of any plans for construction of a sewer line.
    John Holley, 4211 Mexico Gravel, asked that the sewer line be constructed along Mexico Gravel Road. He did not want it in his backyard. Mr. Holley stated that he would pay for the use of the sewer system but he did not want to buy it.
    Mr. Hutton asked whether Mr. Holley understood that the project would cost more if the line was moved to the front of his property. Mr. Holly understood that, but wanted it along the road.
    Rhonda Baldwin, 4301 Mexico Gravel, did not understand why it would not be cheaper to continue the sewer along Mexico Gravel. Because of the current design of the project, she had been told by a plumber that she would have to pay an additional $4,500 to connect to the line. Ms. Baldwin asked about the different cost estimates over the past few years. She said hers was over three times the amount it was originally.
    Mr. Patterson reported that when this project was initiated several years ago, staff looked at it as a combined District. He said they were looking at incorporating properties outside the City and including them as part of the cost per square foot. When that could not be done, the project had to be broken down into two Districts. At that time they were able to get better numbers and more details about the cost of such. Mr. Patterson reported in 1999, staff thought the project cost was going to be significantly more than if the two districts had been combined. He related that they are confident that the numbers given as of last October are much more accurate than what they had three years ago. Mr. Patterson believed the current figures are representative of the cost now. He pointed out that the actual maximum amount set for the project and tax bills will be established at a future public hearing. Mr. Patterson assured the speakers that his staff would be glad to go over this information with them again.
    Mayor Hindman understood that tonight the Council is simply being asked to establish a sewer district. Mr. Patterson replied that was correct. He added that it would define the legal boundaries of the Sewer District. Mayor Hindman said before the actual sewer could be built, staff would have to come back before the Council. Mr. Patterson confirmed that at the public hearing staff would demonstrate why they feel this alignment to be the most cost effective. He pointed out two properties to be served by the District are not located on Mexico Gravel Road. Mr. Patterson stated it is necessary to take into consideration all of the property that is being served by the District, not just the ones on Mexico Gravel.
    Mr. Hutton asked if those lots are landlocked. Mr. Patterson explained the lots are located in the County, where the City has no assessment authority.
    Mr. Beck pointed out that this is a very difficult area to sewer. He added that is why such a project has not been completed to date. He also stated that the sewer utility will be carrying a substantial burden of cost for the project. Mr. Beck indicated that experience has shown that large tracts such as these will be developed, but the City will have to carry the burden until that occurs.
    Mr. Janku asked about the deferred portion of the tax bill and whether or not interest is accrued. Mr. Boeckmann thought it only draws interest from the date it is issued. Mr. Patterson said it would not be tax billed until the Council approves their issuance.
    Mr. John stated the properties in question would be improved by the project and the engineers are designing it to make it cost effective. However, five out of nine property owners seem to not want to have sewer service. He wondered if the majority of the property owners are ambivalent at best and do not want it, why the City would proceed any further. Mr. Hutton agreed, but noted only ten properties listed on the tax bill. Mr. Patterson explained that the others ended up in the other District. He said this is a continuation of the first one. Mayor Hindman asked how many in this District were on the initial petition. Mr. Patterson responded that he could provide that information if the project goes to a public hearing, but he did not currently have that information with him.
    Mr. Patterson commented that if the boundaries are set tonight, the public hearing would determine whether or not the project should actually proceed. Mr. John asked how much more staff time would be spent. Mr. Patterson said not a great deal because a lot of time has already been put in to get to this point. Mr. John did not want to waste any more time for a District where the people seem to have unrealistic expectations. Mayor Hindman agreed, but was not sure the Council really knew how the members of the District feel about it. He noted that people still complain that since Mexico Gravel was annexed years ago, it has never been provided with sewer service. Mr. John spoke about past discussions of developing a connection fee/special benefit district which could go outside the City limits to assess those costs to properties that were annexed into the City and hooked up later. He asked if something like that could pertain in this case since this proposed District includes two lots that are mostly outside the City.
    Mr. Beck saw the question as whether or not the City could reduce the tax bill that would be issued in the amount that is anticipated to be collected when the connection occurs. He was not sure the City could do that, but said it might be an alternative for staff to review. Mr. Beck wondered if the property owners that spoke tonight understood what is being proposed. He said this is something they need to look at carefully before turning it down. With the new policies, he said the utility is doing more than ever to help all property owners with large tracts of ground.
    Mr. Janku asked if the properties to the rear are contiguous, why they have not been annexed into the City if they want service. Mr. Hutton wondered how that was different from a developer who builds on the fringe of the City and still wants City sewers. Mr. Janku believed if the property owners want service, they should annex their property into the City. Mr. Patterson indicated the sewer would only serve the portion of the property that is in the City. If the owner extends the line outside the City, they would definitely be subject to our policies at that point. Mr. Patterson pointed out they would not be able to extend this proposed line for anything more than a single family house located in the City at this time.
    Mr. Hutton asked if there were present problems with the on-site sewer systems in this area. Mr. Patterson responded there have been some on-site problems within the District. He said at the time of the public hearing staff would bring back this type of information.
    Mr. Patterson pointed out that the City has a $500,000 cap on the amount the sewer utility can incur. There is a good possibility, particularly with the projects underway right now, that if this were project to be brought back at a later point, this cap would have already been met. He reported it is at almost $400,000 with the inclusion of this particular project.
    Mr. Janku suggested tabling the issue to give the property owners a chance to consider the information about the cap maybe not being available in the future. He expressed concern about the properties outside the City limits, and said he would not able to support the project if that is not changed. Mr. Hutton asked to see the cost differential for running the line along Mexico Gravel instead of across the middle of the properties. Mr. Loveless said he would like to see how each of the property owners feels about it.
    Mr. Janku made the motion that B30-03 be tabled to March 3, 2003. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
 

B29-03     Authorizing Change Order No. 2 and approving the engineer's final report for construction of Fire Station No. 8; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Patterson noted that staff received a letter from the contractor who had already signed the final change order. He raised protests on two items that had been denied by both the architect and the City with regard to a change in the price of the contract. Mr. Patterson believed the actions taken by the City were appropriate and that there are no grounds for changing the project as requested per the contractor.
    B29-03 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

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

B21-03     Authorizing an agreement with Boone County for JCIC clerical services.
B22-03     Accepting a conveyance of land for open space and recreation purposes.
B25-03     Vacating a portion of a utility easement located across Lot 4 of Highlands Circle Subdivision; accepting a conveyance for utility purposes.
B26-03     Approving the final plat of Bassett Farms, Plat 1.
B28-03     Authorizing Change Order No. 1 and approving the engineer's final report for the Keene Street and St. Charles Road Intersection Project.
B31-03     Appropriating funds for installation of rail for COLT rail terminal.
B32-03     Accepting a deed of dedication for water main purposes.
B33-03     Accepting a deed of dedication; authorizing payment of differential costs and approving the engineer's final report for a water main serving Evergreen Acres, Plats 2 and 3.
R27-03     Setting a public hearing: improvements to Lake of the Woods Golf Course.
R28-03     Setting a public hearing: amendment to the FY 2002 HOME Action Plan.
R29-03     Setting a public hearing: construction of water main located in Vanderveen Crossing, Plat 10.
R30-03     Setting a public hearing: construction of sewers in Sewer District No. 157.
R31-03     Setting a public hearing: voluntary annexation of property located east of Creasy Springs Road and north of the present city limits.

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

NEW BUSINESS
    None.

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

B34-03     Calling for bids for the construction of improvements to Lake of the Woods Golf Course.
B35-03     Voluntary annexation of property owned by the City located generally west of Scott Boulevard and north of Millbrook Drive; establishing permanent M-R zoning.
B36-03     Voluntary annexation of property owned by the City located on the south side of Brown School Road, approximately one-half mile west of State Route 763; establishing permanent R-1 zoning.
B37-03     Approving the final plat of Thessalia Subdivision, Plat 6.
B38-03     Approving the final plat of Grace Bible Subdivision, a replat of part of Stephens First Addition and Tandy's Subdivision.
B39-03     Approving the final plat of Oak Forest, Plat 8.
B40-03     Approving the final plat of Manor Ridge Subdivision, Plat 1.
B41-03     Approving the final plat of Lake of the Woods South, Plat 3.
B42-03     Rezoning property located on the south side of Highlands Court, approximately 200 feet west of Bentpath Drive from A-1 to R-1.
B43-03     Rezoning property located on the north side of Hinkson Avenue, approximately 115 feet west of North William Street from R-3 to R-2.
B44-03     Vacating a sewer easement located south of the Cascades Subdivision.
B45-03     Authorizing the acquisition of easements necessary to construct Sewer District No. 157 (Rollins and Burnam).
B46-03     Accepting a deed of dedication for water main purposes.
B47-03     Authorizing construction of water main located in Vanderveen Crossing, Plat 10; providing for payment of differential costs.
B48-03     Appropriating funds for personnel expenses in the Department of Economic Development.
B50-03     Amending Chapter 4 of the City Code relating to alcoholic beverages.
 

REPORTS AND PETITIONS
(A)     Intra-departmental Transfer of Funds.
    Report accepted.
 

(B)     Council Request for Information on Wireless Internet.
    Mayor Hindman said they had discussed this issue at the pre-Council dinner meeting and had asked the Water and Light Director to bring it to the attention of the Special Business District and the Convention and Visitors Bureau.
 

(C)     Proposal to Acquire Property at Hillsdale and I-70 for New Pumping Station for the Northeast Elevated Pressure Zone.
    Mr. Malon explained due to elevation in the northeast area, this section of the system is physically separated from the rest and water is pumped into it. He said there are a couple of elevated tanks with the largest one being on Brown Station Road. The long-term plan identifies a second pumping station in this area to provide additional pumping capacity as well as reliability.
    Mr. Malon reported that studies indicate an ideal location for the station is on the property in question. The owner is willing to sell the property and is looking for an indication from the Council as to this being a serious inquiry. Although a pump station may not be built for another year or two, staff is recommending immediate purchase of the property. The present plan is to only have a pump station with a building similar to that at the South Pump Station. The property is big enough that in the future, when and if a need is determined, another ground level reservoir could be built. Since the financing has not been set, Mr. Malon suggested inclusion of an appropriation ordinance with the necessary language so that later on the City could refund it out of long-term financing. He noted an appraisal had not been done yet. Mr. Malon said the staff suggestion is, if the Council adopts a motion this evening, they would forward it to the property owner as an indication the Council is serious about the acquisition, then they would bring forward a resolution setting a public hearing at the next meeting with the actual public hearing to be held in March. He was hopeful contract for purchase of the property would be ready for Council consideration at that time.
    Mr. Hutton made the motion that a public hearing be set and that staff proceed with an appraisal and negotiations. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

(D)     Sidewalk Project Recommendations.
    Report accepted.
 

(E)     Peace Disturbance/Loud Parties in the East Campus - Beat 05 Area.
    Mr. Coffman felt the report was good and noted that the Police Department has been helpful in trying to address the problems. He did not think, in general, that a lot of tweaking was needed to the ordinances, but felt the Police Department needed to continue thinking about beefing up enforcement at those times when it is known there can be problems. Mr. Coffman also mentioned that trash problems are linked to the parties. He said trash is ending up blocks from where the actual parties take place. More often than not, he related that is the biggest complaint he gets - what can be done about the trash. Mr. Coffman thought controlling the parties from getting so large would probably cut down on it, but believed the City needed to start looking at solutions to mitigate trash problems. He was hopeful the Council would continue to focus on litter. Mr. Coffman spoke of his preference to give the Police Department a chance to look at their policies and procedures instead of making an ordinance change.
 

(F)     I-70/Stadium Boulevard Area Improvements.
    Mr. Beck explained the proposal for staff to work with interested parties in the area to upgrade the Stadium/I-70 area, particularly between Stadium and Perche Creek. He suggested using strategies similar to that used on Vandiver Drive, working with the developers and discussing alternatives available, including a TDD.
    Mr. Janku supported the proposal because he thought local traffic was the main cause of congestion on I-70. He said the focus needs to be on removing local traffic from the Interstate, and he believed that could be accomplished by building an interchange west of Stadium. At the last I-70 Committee meeting, Mr. Janku indicated it was clear that I-70 needs to be reconstructed through Columbia, regardless of anything else that occurs. He pointed out that would be very disruptive to traffic, and he felt the City needed to have alternative ways for people to get around before that disruption occurs.
    Mr. Janku made the motion that staff be directed to explore potential improvements on the I-70 corridor from Stadium to Perche Creek, as well as funding for it. The motion was seconded by Mr. Hutton.
    Mr. John noted that the CATSO Plan has identified no other interchange on I-70. He agreed that there is a lot of traffic on Stadium Boulevard, but he had a problem with the fact that a few weeks ago the Council approved a list of priorities to be sent to state legislators, and none of them included a new interchange on I-70. Yet the City is now asking the federal government for $10 million for a new interchange, which is basically there to help one developer. Mr. John did not think this would alleviate the bottleneck on I-70, he thought it would just create a bigger commercial area. He said it would not relieve the congestion on I-70 because it does not continue any inner streets past the Perche Creek Bridge. Mr. John's point was that access to I-70 will be necessary, at either Stadium or this new interchange. He thought an extension of Broadway over Perche Creek to be more important so as to establish a western outlet to UU and a good alternative route to the west. He said this proposal would not do that because it just draws traffic through the two interchanges that are too close together by MoDOT standards. Mr. John stated he will vote against this recommendation because he thought it was a bad idea. He would support improvements to Stadium, but wanted the proposal about a new interchange between Stadium and Perche Creek and the $10 million from the transportation bill to be left out. Mr. John indicated he would like to see Scott Boulevard reconstructed before doing anything like this.
    Regarding the list sent to Washington a few weeks ago, Mr. Beck said it was suggested that the City, the Chamber and the County get together and establish a list of three priorities. He indicated that the Council was shown a much larger list that related to funding. He reported this in no way has anything to do with removing the three priority projects. Mr. Beck said the question is, in the next six years, does the City of Columbia want to pursue, in addition to the other three project, the possibility of getting an enhancement to the traffic situation on Stadium and I-70. He was hopeful a partnership could be developed and the question was whether or not the City should look at it.
    Mr. Janku recognized the problem that Stadium and I-70 has for people, particularly in north Columbia, who want to get places to the south and west. He said there is a lot of development in the southwest and new schools and the Hy-Vee store that people want to access. He said it allows people in north and northwest Columbia to cross the interstate without going through the Stadium/I-70 Interchange. For the broader community, Mr. Janku commented that a lot of people are very concerned about service response time from the fire station because it is located on Worley and for them to get to their homes it has to go through that intersection.
    Mr. John said he did not want to see the other City proposals watered down by proceeding with this idea. If staff wanted to study I-70 and Stadium, that was acceptable to him.
    Mr. Beck noted that MoDOT has not signed off on any kind of improvement, this would just let them know that the City of Columbia is in support of such a project.
    Mayor Hindman asked Mr. Janku if he wanted to include in his motion Mr. John's idea about looking at an extension of Broadway. Mr. Janku said he would not be opposed to studying the issue and agreed that, long-term, it needs to be done. He suggested separate motions.
    The motion made by Mr. Janku, seconded by Mr. Hutton, was approved by voice vote.
    Mr. John declined to make a motion relating to the extension of Broadway.
 

BOARDS AND COMMISSIONS
    None.
 

COMMENTS BY COUNCIL, STAFF AND PUBLIC
    Mr. Loveless made the motion that staff be directed to prepare an ordinance which would amend the Transportation Plan to delete the extension of Cunningham Drive from its current northern terminus to Rollins Road. The motion was seconded by Mr. Janku.
    Mr. Loveless noted in one of the plans for the Russell property park, the Cunningham extension is shown. He indicated that residents are opposed to the extension. Mr. Loveless thought this issue had been addressed earlier. He also believed the Council should adopt a plan for Russell Park before acting on the amendment, but he wanted to have it ready to go.
    Mr. Janku agreed the road should not run through the park and suggested a report regarding the process to follow when removing anything from the CATSO Plan.
    Mr. Loveless changed his motion to direct staff to report back on the procedure for having the Cunningham extension to Rollins deleted from the CATSO Plan. Mr. Janku concurred.
    Mr. John remarked that he too thought Cunningham had already been taken off. He was concerned that some residents have the mind set that park property should remain their private reserve with no access for other citizens. He indicated the City cannot keep acquiring property for park purposes and then leaving it as unused areas.
    Mr. Loveless said that was not quite the sense he got at the public meeting the other night. He noted that residents asked for minimal development with parking, shelters, and a playground. The group did not want a bunch of soccer practice fields and ball diamonds constructed.
    The motion made by Mr. Loveless, seconded by Mr. Janku, was approved unanimously by voice vote.
 

    Mr. Loveless reported on a piece of aluminum tread plate in front of the Baptist Church on the south side of Broadway, east of Hitt. He asked the staff to look into the situation.
 

    Mr. Loveless suggested that staff review the definition of a residential unit in the City Code (Sections 22-157 and 22-97.1). Referring to the sewer district issue and the fraternities and sororities discussed at the last meeting, he saw nothing in the definition of a residential unit that would preclude the multi-unit residences from requesting the $5,000 cap and deferred sewer bill that has been established, philosophically, for single family residences. Mr. Beck agreed and said it should probably be looked at before the tax bill ordinance for that particular project is brought forward.
 

    Mr. Loveless commented that the City received a letter from the State informing them that another Oxford House was going to be built in Columbia on Quail Drive.
 

    Ms. Crayton spoke about her concern of services being cut at the Family Health Center. She felt a lot would fall back to the City's Health Department.
    Ms. Crayton made the motion that a letter be sent to the Family Health Center asking what we can do as a City to keep them from closing. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
 

    Mr. Janku commented that he had met with residents of The Arcadia Subdivision last week who are very concerned about traffic flowing through their neighborhood, which will only increase with the development of Auburn Hills. He saw the problem as no access along Brown School Road to either 763 or Oakland Gravel and US 63. Mr. Janku was aware of an agreement being worked on for the western side, but said on the eastern side there is particular interest in trying to expedite the project. He noted there has been money in the budget for a while, but apparently the cost has gone up and now they need to come up with a solution to move the project ahead quickly. He believed staff needed to either identify additional funds in the budget from projects that are not going forward, maybe annual funds available for discretionary funding, or phasing the project or working out a cooperative agreement with the developer of Auburn Hills to see what can be done to allocate the project's cost in a way that will save some money.
    Mr. Janku made the motion that staff be directed to report back on identifying additional funds for the project. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
 

    Mr. Janku spoke about information he had obtained on Austin, Texas and how they have a local housing trust fund which is funded in part, if not entirely, by that city's general fund. He asked staff to explore what they are doing in Austin and other communities to assist with funding for affordable housing.
 

    Mr. Janku noted that Independence, Missouri had received a $1 million grant from FEMA to bury electrical service lines. He did not think Columbia should wait for a disaster in order to implement a program.
    Mr. Janku made the motion that staff be directed to investigate the possible availability of FEMA funds to address the issue of burying service lines. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
 

    Mayor Hindman made the motion that the Council adjourn to a closed meeting on February 6, 2003, at 6:00 p.m. in the Fourth Floor Conference Room in City Hall to discuss personnel matters. The motion was seconded by Mr. Coffman with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Motion passed.
 

    George Algiere, stated that he and his wife own Economy Towing. He further explained the situation that was brought up at the beginning of the meeting regarding his company's removal from the Police Department's tow list.
    Mayor Hindman indicated the Council had heard comments from both Mr. Algiere and his attorney. He added that they received a written report from the Police Department. Mayor Hindman explained that the Council generally makes policy, but does not get involved in particular administrative decisions.
 

    Eugene Elkin, 3406 Range Line, commented that the purpose of The ARC is to improve the health of Columbia's citizens. He thanked the Council for the $70,000 in funding given to Habitat for Humanity earlier in the evening. Regarding the I-70 corridor, he asked that something be done immediately to open up accessability for law enforcement and emergency vehicles. Mr. Elkin concurred with Ms. Crayton's statements in reference to the Family Health Center.
 

    The meeting adjourned at 10:00 p.m.

                                                                                            Respectfully submitted,

                                                                                            Penny St. Romaine
                                                                                            City Clerk