M I N U T E S CITY COUNCIL MEETING - COLUMBIA, MISSOURI SEPTEMBER 17, 2001 �

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:10 p.m., on Monday, September 17, 2001, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, and JOHN were present. The City Manager, City Counselor, City Clerk and various Department Heads were also present.

    In view of the evil acts of terrorism against the United States this past week, Mayor Hindman thought it appropriate to open the meeting with a special ceremony showing our faith in our country, and to express our thanks and support for those who have come to the aid of the people affected by this tragedy. He asked everyone to stand as the Columbia Honor Guard presented the colors. Mr. Beck then led the audience in the Pledge of Allegiance.
    Mayor Hindman thanked the citizens of Columbia for their support in donating blood, giving money, holding prayer services, and by displaying the United States flag. He specifically thanked those volunteers from Columbia and Boone County who were deployed by the Missouri Task Force One Urban Search and Rescue Team.
    Chief Markgraf, on behalf of the men and women of the Columbia Fire Department, thanked the Mayor, Council and particularly the citizens of Columbia for their tremendous outpouring of concern and care.
 

APPROVAL OF MINUTES
    The minutes of the regular meeting of September 4, 2001, were approved unanimously by voice vote on a motion made by Mr. Hutton and a second by Mr. Coffman.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    The agenda, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Loveless and a second by Mr. John.
 

SPECIAL ITEMS
(A)     Housing Authority Annual Report.
    Fred Parry, 709 W. Broadway, spoke on behalf of the Board of Commissioners for the Columbia Housing Authority in the presentation of the 2001-2002 CHA Annual Report. He remarked that the Housing Authority is very proud of their accomplishments over the last year and he reported on the many partnerships that have been formed in the community that had improved the quality of life for the residents. Mr. Parry noted that Doris Chiles, the Director, was recognized earlier this year with the Charles L. Farish Award for her outstanding leadership. He presented the City with the Housing Authority's payment in lieu of taxes for the fiscal year ending September 30, 2001. Mayor Hindman accepted the check on behalf of the City in the amount of $44,829.65.
 

(B)     Worley Street Project.
    Verna Harris-Laboy, co-chair of the Worley Street Project, spoke of the hundreds of individuals who participated in this program. She explained that a call had been made early in the year relating to the crime element in the neighborhood. As a result of that call, the project was initiated and people from all over Columbia came together to assist people living in the challenged area of the First Ward. To date, Ms. Harris-Laboy noted that 14 homes have been beautified. She reported that on Saturday, September 22, the season will be brought to a close with a celebratory season finale with the landscaping of approximately 20 homes around the Worley Street area, and one entire street in the public housing district. Ms. Harris-Laboy thanked the City for their aid as well. She named a few of the individuals who have been involved in the project as Almeta Crayton, First Ward Councilperson and a representative of Caring Communities; Bill Cantin, Neighborhood Specialist; and Leigh Nutter, Volunteer Coordinator. In addition, she noted that local businesses and hundreds of volunteers from all over the City of Columbia have also participated in the project. Ms. Harris-Laboy invited people to participate in the events on Saturday.
 

R185-01     Accepting a vehicle donated to the Police Department to be used in the Crime Prevention/DARE
                   Unit.
    The resolution was read by the Clerk.
    Chief Boehm recognized Dave Horst, President of University Chrysler and Tom Nick, Vice-President of University Chrysler, whom he had worked with on the project. He thanked them for their generous donation of the 2002 Chrysler PT Cruiser. Chief Boehm explained that the vehicle will be used in the DARE Unit which works out of the local schools.
    Mayor Hindman and Mr. Beck thanked Mr. Horst and Mr. Nick for their generous contribution.
    The vote on R185-01 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 
 

PUBLIC HEARINGS
B260-01     Amending Chapter 14 of the City Code relating to parking rates and hours.
    The bill was read by the Clerk.
    Mr. Patterson displayed on the overhead the amended rate increase proposal that was presented at the last Council meeting. The recommendation included: not changing the hours of enforcement; increasing the $.20 and $.25 per hour meters to $.30; increasing the 24-minute meters from $.20 to $.50 per hour; no change to the garage hourly spaces at $.50 per hour; increasing the campus area meters from $.20 and $.25 to $.50 per hour; increasing surface lots from $25 to $35 per month; increasing uncovered spaces in parking garages from $35 to $45 per month, increasing garage covered spaces from $45 to $55 per month; and, increasing reserved spaces from $75 to $95 per month. As part of the financing package, Mr. Patterson said staff also recommends the installation of an additional 90 on-street meters which will increase revenues after two years. If all of the changes are implemented, the first year revenues will increase by $281,661, and after the new meters are amortized, staff predicts revenues to increase to $317,451.
    In regards to reducing the campus area rates from $.50 to $.35 per hour and increasing the hourly rates in garages from $.50 per hour to $.50 per 50 minutes, Mr. Patterson reported the impact would be approximately $44,673 less than what was originally projected with the recommended rate increases. He explained that was due to a large number of the meters being in the campus area that would be reduced to $.35. He said it would also impact the additional parking meters since a large number of those would be in the campus area as well. For the financial stability of the parking utility, Mr. Patterson indicated that staff believed the rates as recommended should be approved by Council. He noted that an amended ordinance has been prepared reflecting the recommendations he just summarized.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. John noted that because most of the meters in the campus area are four to eight-hour meters, he believed that there would not be an influx of people looking to save $.15 an hour on parking.
    Mr. Janku made the motion that B260-01 be amended per the recommendations made by Mr. Patterson. The motion was seconded by Mr. John and approved unanimously by voice vote.
    B260-01, as amended, was read with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B278-01     Adopting the Special Business District 2002 Budget.
    The bill was read by the Clerk.
    Mr. Beck explained that the Council was previously presented with the budget proposal for the Special Business District.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B278-01 was read with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B280-01     Adopting the FY 2002 Classification and Pay Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this plan had been discussed with the Council on previous occasions. In summary, it would provide a 2.5% cost of living increase and the normal merit increase could not exceed 2% or $.27 per hour, whichever is higher. Mr. Beck stated that some of the changes recommended by the consultant are reflected in the proposed classification plan. He pointed out that an amendment sheet had been prepared.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. John made the motion that B280-01 be amended per the amendment sheet. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    B280-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B281-01     Amending Chapter 19 of the Code relating to personnel policies, procedures, rules and regulations.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that an amendment sheet had been prepared.
    In reference to Section 19-237 relating to grievances and complaints, Mr. Loveless noted that the Council included sexual orientation as a protected class for non-discrimination in the City code. He asked why it was not reflected in the grievance procedures. The Council concurred that it should be included in this section. It was pointed out that it would need to be added in several places throughout Chapter 19, not just in the grievance procedures.
    Mr. Loveless made the motion that B281-01 be amended to include sexual orientation wherever applicable. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    Ms. Crayton made the motion to further amend B281-01 per the amendment sheet. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B281-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B282-01     Establishing new group insurance premiums for the employee health and dental care plan.
    The bill was given second reading by the Clerk.
    Mr. Beck reported the new medical and dental rates reflect a 5% increase to the premiums paid by plan participants for dependent coverage. The adjustment is reflected in the FY 2002 budget.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B282-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B283-01     Repealing Ordinance No. 016593; establishing Parks and Recreation fees.
    The bill was given second reading by the Clerk.
    Mr. Beck indicated that a detailed report had been sent to the Council outlining the proposed changes.
    Mr. Janku stated he had received comments about the concept of a master pass -- a fee that would apply to all swimming facilities. Mr. Hood responded that he also received a copy of those comments, and staff briefly discussed the feasibility of such today. He remarked that it is a concept his department could explore, but his first reaction had been, due to the price level suggested in the e-mail, it would result in a net revenue loss to the recreation services fund. Mr. Hood said if the Council wants a master pass created that could be used at all facilities for an additional amount, it might be a concept they could consider. Mr. Hood explained all of the operational data and revenues for the recreation center, as well as the goal of achieving a break-even status for such, were based on the fees being recommended tonight. He believed the master pass would have to be over and above that cost.
    Mr. Janku assumed the other issues raised, such as operating hours, would come later. Mr. Hood replied that was correct, it was not part of the budget process. It has been proposed that the Center would open at 5:30 a.m. on weekdays, 6:00 a.m. on Saturday, and 12:00 noon on Sundays.
    Mr. Hutton mentioned another concern which has been raised related to pass holders being prevented from using certain sections of the facility if the City allows reservations. Mr. Hood pointed out that the Recreation Center would primarily be a drop-in facility, so it would be available for all pass holders. He noted that lock-in rates are proposed so the facility can be reserved after hours. The meeting and party rooms are also available for reservations. The main recreational areas, which includes the pool, at least one of the two gyms, the walking track and exercise areas, will be open during regular operating hours for pass users.
    Mayor Hindman suggested that because these issues have been discussed previously, staff should ensure that the public is aware of operational hours.
    Mayor Hindman opened the public hearing.
    Henry Lane, 1816 E. Broadway, expressed concern about the affordability of the Recreation Center based on the fees being proposed. He suggested the establishment of a separate fund, privately financed, for low income families.
    Mayor Hindman commented that this issue has already been addressed. He reported the Recreation Center is included in the check-off program in connection with the Columbia Trust Fund and the 501(c)(3) for private contributions. Mayor Hindman stated that the City has made allowances for the fund in order to provide scholarships which has been ongoing for years. He said the intention is to make the facility available to everyone in the community.
    Mayor Hindman closed the public hearing.
    Mr. Hutton made the motion that B283-01 be amended per the amendment sheet. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    B283-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B284-01     Amending Chapter 11 of the Code as it relates to public health services fees.
    The bill was given second reading by the Clerk.
    Mr. Beck said these proposed adjustments had been discussed at the Council retreat.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B284-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B285-01     Amending Chapter 22 of the Code relating to solid waste residential rates.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this amendment would increase residential rates by $.45 per month. He noted that this is the second of three rate increases approved by the Council in conjunction with the construction of a materials recovery facility building. Bids have been received in regards to construction of the building, and the increase is necessary to finance the project. Mr. Beck noted that even with this increase, the City is below the state average for residential rates.
    Mr. John understood the rate increase would provide only for the building, not the automated sorting equipment that was anticipated as the final phase of the project. He remembered that staff was to review this aspect of the project based on the costs of sending blue bags to St. Louis and on to Chicago. Mr. Beck indicated that was correct, staff would present the Council with a cost analysis before actually equipping the building. Mr. Janku commented that some degree of sorting is done before the materials are shipped to St. Louis. Mr. John stated he was referring to the automated part of the expense.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B285-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B286-01     Amending Chapter 27 of the Code as it relates to fees for water connection and temporary removal
                   and reinstallation of electric service.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this amendment provides for a small water service connection fee increase, as well as an increase for temporary removal and re-installation of a single phase electric service drop.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B286-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B287-01     Amending Chapter 27 of the Code relating to water service rates.
    The bill was given second reading by the Clerk.
    At the time of the last ballot issue in relation to water improvements, Mr. Beck remarked that it had been indicated there would be four, two percent increases. This would be the last of those increases.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B287-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B262-01     Adopting the FY 2002 Budget.
    The bill was read by the Clerk.
    Mr. Beck explained the total budget to be $234 million with operational costs being about $145 million. He noted that the projects the Council wished to see further discussed had been incorporated on an amendment sheet. Some of these items were discussed at the pre-Council dinner. The amendment sheets were displayed on the overhead.
    Mr. Beck reported that the various Commissions which were provided with a level of funding brought recommendations back for Council consideration and incorporation into the budget. He noted that work sessions were held with all departments on their respective budgets. Mr. Beck stated that the General Fund budget is comprised of roughly $45 million.
    In reference to the previously identified amendment sheet, Mr. John made the motion to amend B262-01 by adopting Amendments 1 through 16. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    Regarding Amendment 17 pertaining to the Historic Preservation survey, Mr. Coffman understood that the Council preferred for the Boone Home to be a priority in City grant requests.
    Mr. Coffman made the motion to adopt Amendment 17 with the stipulation that the State Historic Preservation Office be advised that the Boone Home is a priority. The motion was seconded by Mayor Hindman.
    Mr. John commented that often the City obtains grants in orders other than what is preferred, even when priorities have been identified. He believed there are other areas in Columbia which would qualify for a historical survey and wondered how the Commission arrived at their selection. Mr. John indicated it is not at the top of his priority list.
    The Council decided to come back to Amendment 17.
    Mr. Hutton made a motion to adopt Amendment 18. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Regarding Amendment 19, Mr. John thought it was acceptable to install the reflective signs, but believed it should be scheduled over a three year time period. He felt arterial streets should be the first areas to have the signage.
    Mr. Janku asked how many signs would be installed. Mr. Patterson said the program was directed toward school crossing signs throughout the community. The funding being requested should take care of all of the intersections around schools. Mr. Patterson noted the proposal did not include any other crossings at this time.
    Mr. Loveless thought the project was worthwhile, but thought the signs should be replaced on an as-needed basis.
    Mr. Janku reported that he has seen this type of signage in other communities and remarked on how much it improves the visibility of the signs.
    Mr. Hutton saw it as an orderly process, starting with the school crossings. He suggested moving forward.
    Mr. Janku made the motion that Amendment 19 be adopted. The motion was seconded by Mr. Hutton and approved by voice vote.
    Mayor Hindman made a motion to adopt Amendment 20. The motion was seconded by Mr. John and approved unanimously by voice vote.
    Mr. John made a motion to adopt Amendment 21. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    Regarding the defibrillators being replaced in public buildings, Mr. John said he would like to see one placed at the rec center when it opens. Mr. Beck indicated that there will be a defibrillator at the facility so this amendment is no longer necessary.
    Amendment 22 was removed from the list as well.
    Mr. Janku spoke about Amendment 31 relating to the establishment of a program for City employees to encourage home ownership in the downtown central area. He noted that CDBG funds cannot be used for this purpose, but Council reserve funds could be allocated. He supported the City assuming leadership of this role to encourage other Columbia employers to initiate a program of their own. Because Mr. Janku did not know how much funding would be needed to start this effort, he suggested the Council could leave some revenue in the reserve account with the instruction for staff to report back with some recommendations for starting the project. Mayor Hindman agreed.
    Mr. Loveless made the motion to adopt Amendments 23 through 26. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    Amendment 27 was dropped from the list.
    Regarding Amendment 28, which is already included in the CIP, Ms. Fleming indicated that Council adoption would have no dollar effect, but it would allow staff to change the wording on the project to include the Armory parking lot beautification.
    Mr. Hutton made a motion to adopt Amendment 28. The motion was seconded by Mr. John and approved unanimously by voice vote.
    In reference to Amendment 29, Mr. Janku made a motion to fund the Park deVille sidewalk project (to be located in front of the new school) with CDBG funds from the Donnelly Street project (which will still be engineered and right-of-way acquired with the remaining funds for construction at a later time). The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    Mayor Hindman noted that this would not affect the progression of the Donnelly Street project.
    Amendment 30 was removed from the list.
    The Council decided to wait on Amendment 31 until numbers are available.
    Regarding Amendment 32, Mr. Coffman understood that this would provide $75,000 in funding for general landscaping. He said if this revenue had to be allocated to a specific project, his preference would be the Stadium and Old 63 intersection. Mr. Coffman remarked that he would prefer to see the landscape fund stepped up a bit without necessarily pigeonholing it to a particular project.
    Mr. Beck said it would depend on how fast the funds are spent. His suggestion was to set aside about $25,000 per year for the adopt a spot program to have on hand for smaller projects throughout the community. Mayor Hindman suggested that if the City was able to do one landscape project really well, he thought private funds could be raised to help with some of the other projects. He commented that if a particularly ugly, conspicuous spot was beautified, it could be a successful way to raise funds for other projects.
    Mr. Loveless said if that was the case, Amendment 33 (intersection of Stadium and Broadway) would have a higher priority than Amendment 32. Mr. Patterson noted that the City received conceptual approval of Old 63 and Stadium, but not Broadway and Stadium. He said staff would have to submit plans to MoDOT to obtain clearance for the design. Mr. Hutton observed that if the Council were to pick a pilot project, Stadium and Old 63 would be cheaper.
    There was discussion about xeroscaping and watering at this point. Mr. Beck noted that a plan has been submitted for enhancement money in regards to all of the islands on Stadium Boulevard and the entrances to the City. He said this would be the first phase, other than the roundabout. Mr. Beck reported revenues for the project would be taken out of the fund balance with the understanding that this level of funding is not possible every year unless another source is identified.
    Mr. Janku asked if the funds for landscaping the Providence Road entranceway have been committed. Mr. Beck said that $7,500 has been set aside for landscaping Providence north of the Business Loop.
    Mr. Coffman commented that the Council could bump up the fund a little more so one big project can be done every year or so. He suggested two funds; one for the small projects and one for the large entryway projects.
    Mr. John pointed out that the City has a pilot project, the roundabout, which is beautifully landscaped. At some point, he noted the intersection at Broadway and Old 63 will be rebuilt, so in a few years this area could be available for another pilot project. Mr. John reported that the cost of the project will probably only be $20,000 versus $75,000 because it would be done as part of a road reconstruction project. He realized nicely landscaped intersections are beneficial to the community, but he has a hard time considering $75,000-$90,000 to landscape intersections. Mr. John believed there is the potential to spend $150,000 annually on landscaping if several projects are done in a year. He noted a lot of money was spent this year to landscape Route B.
    Mr. Janku understood that Amendment 33 would be taken off the list. Mr. John said he could go along with that. Mr. Loveless thought staff should be asked to keep the ball rolling on getting Highway Department approval for the Stadium/Broadway intersection so it would be ready to go in the future. Mr. Patterson outlined the approval procedure, and was doubtful staff would have anything before spring.
    Mr. Janku asked if Mr. Coffman would support $75,000 for general landscaping as opposed to one specific project. Mr. Coffman responded it did not have to be $75,000, although, $125,000 is available. Mr. Patterson explained that the $125,000 presently in the CIP is a non-obligated item. He reported this is a level of funding that has been set aside, and if specific projects are not identified, the money will remain at Council discretion in the CIP. He reiterated that it is not new funding, but money already in the CIP.
    Mr. John asked if $125,000 per year is allocated to that CIP for landscaping purposes. Ms. Fleming explained that it is Project #10. From prior year monies, she said $125,000 is available to be allocated. Beginning in 2003, Ms. Fleming stated that staff proposes in the plan that $25,000 per year in transportation sales tax be allocated to replace ballot issue money.
    Mayor Hindman said it might be that some of the funding should be allocated to other projects as well. He spoke about crosswalks and re-curbing specific areas. He suggested negotiating with the Highway Department for curb replacement. Mr. Beck said the staff could approach the Highway Department about that.
    Mr. Coffman said he would be agreeable to leaving the fund as it is and discussing each project as it comes available.
    It was decided to leave the budget as is and ask for a report on any of the projects at the end of the meeting.
    The Council agreed to leave Amendments 32 and 33 off the list.
    Mr. Loveless made the motion that Amendment 34 (sidewalk maintenance) be adopted at a funding level of $50,000. The motion was seconded by Mr. John.
    Mr. Janku asked where the funding would come from for these types of projects. Mr. Hutton asked if Item 11 in the CIP was for new sidewalks only and not maintenance money. Mr. Patterson said the annual sidewalk fund includes monies for both new construction and reconstruction. He spoke of the recent public hearing in which the Council approved the construction of sidewalks on Forum and Chapel Hill Road at a cost of approximately $40,000, which was money that was already budgeted. He said this amendment would provide a new funding source for sidewalks.
    Mr. Janku asked about the project on West Broadway. Mr. Patterson said there is a project in the CIP for West Broadway, from McBaine to West Boulevard. Mr. Janku asked if the City was going to pay for the repair as opposed to the landowner being tax billed for a portion of it. Mr. Patterson replied what is shown in the CIP is just the City's share of the cost if the policy resolution is followed. In this case, half of the project would be tax billed. He noted the City would pay for all the intersection costs and everything else. Mr. Janku recalled the sidewalks being a significant cost to the property owners. Mr. Patterson believed the total amount of the project to be $129,000, with $83,000 being the City's share and the property owners would be responsible for the remaining $46,000.
    Mayor Hindman was concerned about situations where sidewalks become overgrown with grass, in some places making 4-foot walks appear to be one foot wide. He thought a program should be initiated wherein the City would conduct routine maintenance so as to prevent grass and hedges from encroaching into the sidewalk. Mr. Patterson responded that staff is putting together some comprehensive information that addresses routine sidewalk maintenance as well as snow removal issues which contains examples of programs in other communities. He also understood the concern about places where sidewalks are raised causing potential tripping and fractures. Mayor Hindman asked if that was what the $50,000 would be used for. Mr. Patterson indicated if the City starts with a basic landscaping program, staff could do some work in the coming fiscal year to develop a project program for the Council to evaluate.
    Mr. Janku asked about the West Broadway project. Mr. Patterson said if the Council wanted to do something, this would be one source. This could be the pilot project this year, and then next year staff would be in a position to address it better. Mr. Janku asked if the funds would be available if needed. Mr. Patterson indicated the Broadway project account would have to be reduced. Mr. Janku was concerned about the cost to property owners. Mr. Patterson responded that if staff is directed by the Council not to tax bill the property owners, then they would have to come up with the additional $46,000.
    Mr. Beck thought there may be some misunderstanding about the definition of sidewalk maintenance. He believed Mayor Hindman wanted to keep sidewalks safe and passable, i.e., keep walks clean of overgrown shrubs and grass. Mr. Beck suggested using the $40,000 or $50,000 to bid out some of the sections of roadway where there are no abutting property owners which are currently overgrown. He was interested in what it would cost per foot to keep the sidewalks clear. Otherwise, he was not sure how staff could select which area would be used for a pilot project. Mayor Hindman said the Council could work that out. Mr. Beck said once the information that staff is working on is completed, he believed the Council would have a better idea of the costs involved in such a program. He was not sure of the source for this level of funding.
    Based upon what the Council has tentatively agreed upon in the budget amendments so far, Ms. Fleming reported of the initial $107,000 there is $32,847 remaining unallocated. She suggested funding is also available in the unspent Council contingency fund from prior years.
    Mayor Hindman wondered if $30,000 would be enough to fund a sidewalk maintenance program. He supported monies coming from the Council contingency fund. Mr. Beck explained the contingency fund. He strongly urged the Council to not do anything with the contingency for next year.
    Mr. Hutton thought the Council was still not in complete agreement as to what is considered to be sidewalk maintenance. He advocated that the City should be responsible for maintaining sidewalks that have been built and were perfectly good at one time, but have deteriorated over time. His personal feeling was that it was exactly like an improved street - once it has been improved, the property owner has no further obligation to pay for repairs because they have paid for it once. Mr. Hutton believed the Council also needed to decide if brush cutting and sidewalk edging should be considered maintenance. He noted the Council deliberated this issue prior to the budget discussions, and he thought if staff really wanted the project, funding would have been found for it.
    Mr. Hutton made the motion that $25,000 to $30,000 be budgeted for the project from remaining Council contingency funds and get started and then see how far it goes toward some maintenance issues on sidewalks. The motion was seconded by Mr. Janku.
    Until the sidewalk policy resolution is amended, Mr. Hutton said the Council cannot address the issue of repairing sidewalks. Mayor Hindman agreed with Mr. Hutton's remarks in that sidewalks should be subject to the same policy as improved streets. However, he believed miles of sidewalks would be improved by just trimming the encroaching grass and shrubbery. Mr. Hutton said from a safety standpoint, the condition of the actual concrete provides a much less safe condition than encroaching branches and grass. Mayor Hindman concurred. He wanted to establish a level of funding now and, following existing policy, begin to do some maintenance as far as shrubbery and grass. Mr. Hutton preferred that the Council move expediently in addressing the sidewalk issue in regards to replacement so a level of funding can be budgeted on an annual and prioritized basis.
    Mr. Loveless asked what amount was left in the Council residual contingency from prior years. Ms. Fleming replied it was approximately $250,000. Mr. Loveless asked Mr. Hutton if he would accept funding from that source as opposed to the Council reserve. Mr. Hutton was agreeable to amending his motion.
    Mr. Loveless suggested asking staff for a policy resolution proposal at the end of the meeting relating to sidewalk maintenance, which would include both structural and overhead hazards. Mayor Hindman thought initially the Council should request a report before asking for a policy resolution because he thought the numbers would be interesting. Although, he indicated he would support a change in the policy. Mr. Loveless felt if the Council favored an amendment to the policy, they should proceed along these line and then decide at a later time what level of funding should be appropriated every year. Mr. Hutton thought the Council should have the report first so they are aware of the ramifications of changing the policy.
    Mr. Janku asked Mr. Hutton if he would accept an amendment to his motion by amending the amount to $50,000 to come from the previous year's reserve. Mr. Hutton was agreeable.
    Mr. Hutton's motion was reworded as adopting Amendment 34 with a $50,000 fund to be used for sidewalk maintenance coming from the unspent prior year's contingency fund. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    In regards to Amendment 35 (snow removal: convert from cinders to chemicals), Mr. John indicated he raised this issue and was willing to defer it at this time. He noted that not only are cinders messy and dirty, but allergists are saying that the dust from the use of such may be irritating and exacerbating problems for people with allergies and asthma problems. Mr. John stated he wanted to review the issue further, but because of budget constraints this year, he is willing to let it slide. Amendment 35 was removed from the list.
    The Council decided to strike Amendments 36 and 37.
    Referring to Amendment 38, Mr. Beck explained that these types of grants are not available very often. His general philosophy has been, when grants are available, the City should have enough money in reserve to match them. Mr. Beck reported this would take careful budgeting, but the intent would be to purchase the property along Orr Street, install a canopy for bus riders, and then do some rehabilitation and expansion work on the Wabash Station.
    Mr. Janku thought the above described improvements would enhance the area in a limited way, but he wondered about the funding source. Ms. Fleming reported there will be transportation sales tax funding available in the current year -- cash flows allow for that. However, in order to do this, some projects will have to be moved out of the five year plan. Ms. Fleming indicated it is a matter of priorities. She noted the City's match for the project is $88,000, and it will cause problems in the out years, but it can be done. Ms. Fleming explained that transportation sales tax is used for a number of things. Mr. Beck suggested using the unused contingency reserves which currently amounts to $200,000. Mr. Loveless inquired as to what that fund is normally used for. Mr. Beck replied it is normally used for something unusual that might come up. Ms. Fleming described it as general funds that are transferred into the capital budget. These funds have been used for public building maintenance in the past. Before the parks sales tax, it was used as the source for parks and fire department capital items.
    Mr. Janku asked about the amount of the grant. Mr. Beck said the $88,000 represents 20% of the total project, so it would be in the area of $300,000. Mr. Janku noted the Council has wanted to improve this area for some time.
    Mr. Janku made the motion to adopt Amendment 38 using the prior year's contingency account. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
    Mr. Loveless asked for an explanation of the funding possibilities for Amendment 39. In the last ballot issue, as in past issues, Mr. Patterson explained funding was set aside to encourage joint partnerships. He said there is one for City/County projects and City/State projects. Mr. Patterson thought there was approximately $420,000 left in the City/County fund that has not been allocated toward any specific project. He said the Council expressed a strong interest in trying to accelerate the Scott Boulevard project, and staff believed this might be a way of getting it done. Mr. Patterson indicated it will take more than a year to do the engineering. In the 5-year program, he reported there is slightly over $2 million in funding allocated towards this project. However, this figure was based on participation from the State and County as well. Mr. Patterson explained if City/County money is used to get the engineering done this next year, then hopefully staff can persuade the County to participate in the projects. Mr. Loveless asked if he understood it would be unlikely that all of the $370,000 would be expended for the engineering of the three projects because staff probably could not get all that work done in one year. Mr. Patterson agreed that assessment was correct, however, the funds would have to be obligated when a contract is signed.
    Mayor Hindman believed the City needed to strongly appeal to the County to participate in the projects to a significant degree.
    Mr. Loveless made the motion to adopt Amendment 39. The motion was seconded by Mr. John and approved unanimously by voice vote.
    Mayor Hindman opened the public hearing.
    Greg Olson, 12 N. Greenwood Avenue, Chair of the Historic Preservation Commission, addressed the issues that were discussed pertaining to Amendment 17 regarding the concern that the application for a survey grant would jeopardize the possibility of a grant being secured for the Blind Boone house. He noted that the Commission is very supportive of the renovation efforts to the Boone Home, and they did not apply for a grant last year because they did not want to compete against this project. However, Mr. Olson pointed out that one of the Commission's roles is to establish a citywide inventory of historic properties, so they believed it was important to try to progress with a survey project. He had spoken with the Deputy Director of the State Preservation Office in an effort to balance the Commission's application against the Boone Home's application. Although Mr. Olson could not guarantee the outcome of the grant applications, he explained that the Boone House grant is a bricks and mortar kind of project, wherein the survey grant would be evaluated on a different set of criteria. He stated different panels would be preliminarily weighing the merits of the grants, so in the beginning the two projects would not be directly competing with each other. Mr. Olson acknowledged in the end, both projects come out of the same funding source and will be approved by the same citizen's committee.
    In addition, Mr. Olson reported that because the City of Columbia is a Certified Local Government with the Preservation Program, we will have priority with the other CLG's in the State of Missouri when it comes to the allocation of grant money. He reported that ten percent of the total annual budget for the State Preservation Office has to be passed on as grant money to local governments. Mr. Olson thought that provided a better opportunity for grants being received for both projects.
    Mr. Olson explained the Commission chose to survey the neighborhoods along the north side of West Broadway because this is an area with a high concentration of contributing structures. It looks much like it did at the time it was built -- roughly within a span of 20 years between 1910 and the depression. He noted there are several other neighborhoods in the City that have been surveyed under one project or another.
    Mr. Janku asked if this federal funding is recurring money. Mr. Olson explained it is pass-thru money from the National Parks Service to the State Preservation Office. He stated it is an annual thing.
    Jerry Carrington, 729 Demaret, in reference to the CIP, asked that the Blackfoot Road project be delayed. He enumerated his reasons. He also asked that handicapped persons be considered when designing sidewalks.
    Bill Crockett, with offices at 2608 N. Stadium Boulevard, thanked Mr. Hutton for his comments on sidewalks. He has not agreed with the City policy for years and believed it needs to be changed. Mr. Crockett stated that sidewalks should be maintained from right-of-way to right-of-way. He thought the only exception to be the individual driveways that might cross from the edge of the street on back to the lot. Mr. Crockett was also pleased to hear about Council actions to improve Scott Boulevard. He agreed that the County should be a partner in the project.
    Mayor Hindman closed the public hearing.
    Mr. Coffman indicated that he still thought that Amendment 17 was a good project and would fulfill the Council's mission for the Historic Preservation Commission. Mr. Janku asked what was left in the Council reserve fund. Ms. Fleming responded the fund was now at $32,847. Mr. Janku thought maybe in time the Council would want to do a systematic survey across the City, but he personally preferred to support the Boone project. He suggested that the focus be kept on the Boone property. Mayor Hindman saw the problem being that the City would probably be working on the Boone project for some time and seeking grants. He thought that would inevitably postpone these other things for years on down the line.
    Mr. Loveless said the survey project has a lot of merit. He thought the entire City should be surveyed, as is the charge of the Historic Preservation Commission, but he was not sure now was the time.
    Mr. Beck pointed out that the Boone Home would probably be under City jurisdiction before the year is over. He said it would not hurt to have a reserve.
    The vote on the motion to adopt Amendment 17, made by Mr. Coffman, seconded by Mayor Hindman, failed by voice vote.
    Mr. Janku pointed out that the budget also includes the addition of eight fire fighters to staff the new fire station and seven police officers for additional community policing. He noted there is also a significant fund balance available in the case of a citywide emergency like a natural disaster. He thought the budget was fiscally sound.
    B262-01, as amended, was read with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE.

    The Council then discussed the CDBG Budget.
    Mr. Janku made the motion to further amend B262-01 per the CDBG amendment sheet with the addition of allowing for the construction of the Park deVille sidewalks with funds from the Donnelly project. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
    Mayor Hindman asked for any public comments.
    Being none, the roll was taken on the further amended B262-01 with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

    Mayor Hindman thanked everyone involved with the budget, which he noted involves a tremendous amount of staff work. He also thanked the Council for the hours they spent reviewing it. The public was also recognized for their participation as well.
    Mr. Beck thanked the staff, Council and the various Commissions for their efforts.
 

B288-01     Amending Chapter 13 of the Code to add a new article on temporary business licenses.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this legislation was drafted primarily to deal with temporary business operations in the community. He said it establishes new categories and standards for those businesses.
    Ms. Fleming reported when somebody plans a temporary event, such as the Heritage Festival, the past ordinance required that all vendors go through a full-blown business license process. These vendors were charged the same amount as a business that operated all year long. This bill will correct that issue. Ms. Fleming remarked the amendment will also require that carnival operators provide for more insurance. It will also limit the amount of time someone can set up a temporary stand.
    Mr. Janku asked who would be responsible for enforcement. Ms. Fleming replied that it is enforced by the Business License Administrator and is usually handled on a complaint-driven basis. She stated temporary stands cannot operate for more than 14 days. Mr. Janku noted there are certain businesses that tend to pop-up on weekends on a recurring basis. Ms. Fleming indicated staff would investigate it if they were notified of the situation. Mr. Janku asked if the Police could be one of the enforcement groups. Ms. Fleming indicated vendors operating temporary stands will be issued a business license and should be able to produce it. If there appears to be a violation, and a vendor is not selling produce which is exempt, the police officers could investigate to see if they are licensed. Mr. Janku asked if $5 per day would recover costs. Ms. Fleming responded the cost has to be limited to that amount. She believed staff has streamlined the process because the event sponsor will be collecting the fee for the vendor under this proposal.
    Mr. Janku questioned what type of rules the vendors have to adhere to for signage. Ms. Fleming thought they kept the standard rules in effect. Mr. Janku read that temporary stands must comply with the pertinent provisions of the Building Code, Zoning Regulations, and Sign Regulations. He wondered what the building code provision would be as some of the operators set up in prominent locations and do not put in any improvements that are required of other businesses. Ms. Fleming said all of the temporary applications go through a number of check-offs from the fire department, health department, and planning department.
    Mayor Hindman opened the public hearing.
    There being no comment, Mayor Hindman closed the public hearing.
    B288-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B289-01     Rezoning property located on the north side of West Broadway, west side of Strawn Road from
                   A-1 to O-P.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained that this request for planned office is on 1.94 acres. The Commission recommended denial of the request based on concerns about access to the property because of the State Route TT and Strawn Road intersection. He also mentioned the deep depression and flood plain areas on the tract. Mr. Dudark reported there are no other O-P zoned properties in this particular area.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Janku felt the requested uses were extremely broad. He was supportive of the recommendation for denial.
    Mr. John believed this will be a very busy corner someday and is an appropriate location for office or commercial in the long range. He thought if a plan is presented that deals effectively with the flood plain issue and can provide for adequate landscaping and screening, then this would be a good place for an office development. Mr. John stated he would tend to support both the PUD and the O-P rezoning requests.
    Mr. Janku said if the office uses were limited more he might support it. He said a medical professional office might be a good use, but the proposed uses is a fairly broad list and includes things such as day care -- which could cause major problems at certain times of the day. Mr. Janku felt more thought needed to be put into the potential uses for the property.
    B289-01 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN. VOTING NO: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. Bill defeated.
 

B290-01     Rezoning property located on the north side of West Broadway, west side of Strawn Road from A-1
                   to PUD-5.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained that this PUD-5 request involves a 12 acre tract of land. He noted this will be a difficult tract to develop because of the topography which is very wooded. Access would be from an extension of Scott Boulevard up to the north and into the site. The letter of intent mentions clustering the units in an attempt to preserve some of the tree cover. He said there is a list of standards showing a total maximum of 60 dwellings, no more than 35 feet tall, 25% of the land would remain in open space, and the future site plan would stipulate lot sizes and setbacks. Mr. Dudark reported the Planning and Zoning Commission recommended approval and thought it would be difficult to develop the tract under standard R-1 zoning. The Commission believed a planned development could preserve some of the amenities and tree cover on the property.
    Mr. Janku asked if the letter of intent complies with ordinances as it appeared to be too general. He read from the Zoning Regulations which requires that there be a general description of the plan, including minimum lot sizes if applicable, minimum building setbacks from streets, and minimum setbacks between buildings.
    Mr. Dudark agreed that the statement of intent was pretty general. He did not think the applicant has any real sense of what type of buildings or structures will be proposed as he intends to sell the tract and the purchaser would come forward with a plan.
    Mayor Hindman opened the public hearing.
    John Pekkala, a realtor with offices at 33 E. Broadway, spoke on behalf of Mr. Jackman, the applicant. He said the applicant needs to sell the property and thought if the property is rezoned to PUD-5, this would simply limit the maximum number of units. The purchaser would then have the flexibility to develop the property and know what the zoning would be.
    Mr. Janku asked if the single family dwellings would be detached. Mr. Pekkala said a development plan does not exist. He anticipated the structures would be attached dwellings. Mr. Pekkala said his client needs some type of zoning. Mr. Janku wondered if more detail could be provided. Mr. Pekkala said he could not provide that.
    Adam Spencer, 4012 Damson Court, spoke on behalf of the residents of Smithton Ridge Subdivision, which is directly adjacent to the subject property. He said residents were concerned about the letter of intent and understood that would be binding upon the property developer. He read specifics from the Westbury Village letter of intent. Mr. Spencer stated this applicant has provided no specifics and it did not hold up to the same standard as the other letters of intent on earlier PUD's.
    Mayor Hindman closed the public hearing.
    Mr. Janku believed without a more specific letter of intent, the Council would have very little control over any plan that is presented other than the general protections about storm water. He asked if he was wrong in his interpretation or whether he was missing a control that exists.
    Mr. Boeckmann thought Mr. Janku was correct. He said the ordinance does not have very many requirements to meet in terms of a letter of intent, but he reasoned it was probably defective in one or two regards. He said it was not fair to compare this letter of intent with other letters of intent because it needs to be compared with the ordinance requirements -- which are minimal. He explained that some developers have used the letter of intent as a kind of plan, but not quite, in order to obtain Council approval. Mr. Boeckmann indicated the ordinance does not actually require anything very detailed.
    Mayor Hindman understood the letter of intent is given when trying to obtain zoning. He wondered what control the Council will have over any future plan with the letter of intent that has been submitted in this case. Mr. Boeckmann responded in planned districts when the zoning is granted initially, it is not clear from case law how much discretion the Council has when it comes to the plan. He would argue that it is still part of the zoning process in that the Council does have a good deal of discretion in approving and disapproving a plan. Mayor Hindman understood the purpose of the letter of intent is to allow the developer to obtain zoning without having to file a plan. Mr. Boeckmann said the reason it was split off was because the development community was resistant to the idea of having to spend a lot of money for a plan that may or may not be approved. He said now the Council is very much in favor of planned zoning because of the extra control. Mr. Boeckman commented the Council cannot really initiate planned zoning on its own behalf because the ordinance is set up to require the property owner to present a plan of intent. However, the Council has the power to upzone or downzone, at their own initiative, property they feel is improperly zoned.
    Mr. Janku asked if a statement of intent could be amended. Mr. Boeckmann said the property owner could amend it. Mr. Janku wondered if the buyer could change an existing letter of intent that had been approved by the Council without going through the Planning process. Mr. John thought if it was a substantive change to the letter, they would probably have to start over. Mr. Boeckmann was not sure if the ordinance addresses that issue.
    Mayor Hindman wondered if the Council was creating a negative incentive by requiring either a detailed letter of intent or a plan at the time zoning is requested. He noted in this case, a plan will be submitted at a later date.
    Mr. Janku said the problem is the Council would not have much control over the plan if the applicant met the minimum requirements set out in this statement of intent -- which is very general. He pointed out that the adjoining residents want to have some sense of what is going to happen and this gives them nothing. Mr. Janku read again from the ordinance which states that the letter of intent should have a general description of the plan including minimum lot sizes, if applicable, minimum building setbacks from streets and minimum setbacks between buildings. Mayor Hindman said that is hard to fight if the document does not meet the requirements of the ordinance.
    B290-01 was given third reading with the vote recorded as follows: VOTING YES: NO ONE. VOTING NO: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. Bill defeated.
 

B291-01     Rezoning property located at 1504 Wilson Avenue from R-3 to R-1.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this rezoning had been recommended by both the Commission and the Planning and Zoning staff.
    Mr. Dudark explained that the contract purchaser wants to have the property rezoned as part of the sale. The adjacent homes are R-1.
    Mayor Hindman opened the public hearing.
    Davika Thomas, 1506 Wilson, explained that she was speaking on behalf of the current owner. She had a letter from him requesting Council approval of the request. Ms. Thomas noted a deed restriction on the property limiting the house to single family use.
    Jerry Carrington, 729 Demaret, said ordinances control what a lot can be used for. He wondered why deed restrictions were needed on this property, and why the property should be rezoned from R-3 when the usage has always been R-1.
    Ms. Thomas responded that residents believe it is important, in putting forth a vision of mixed use in the East Campus Neighborhood, to ensure there is a healthy balance between owner/occupied and rental properties in the area. She said it is important for the city to have strong, vital neighborhoods.
    Mayor Hindman closed the public hearing.
    B291-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B296-01     Authorizing construction of water main serving Quail Creek, Plat 2; authorizing differential costs.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this request is in accordance with the City policy wherein we would pay for the extra diameter for 1,320 feet of eight-inch line. The City's cost would be $5,068.80 and would be paid from the Water and Light fund.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B296-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

OLD BUSINESS
PR171-01     Establishing a policy on requests for variances to subdivision regulation requirements for
                     construction of sidewalks along unimproved streets.
    The resolution was read by the Clerk.
    Mr. Beck noted that the Council had requested additional information and that an amendment sheet had been prepared.
    Mayor Hindman made the motion that PR171-01 be amended per the amendment sheet. The motion was seconded by Mr. John and approved unanimously by voice vote.
    The vote on PR171-01, as amended, was recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

B273-01     Amending Ordinance No. 016872 which granted a variance from the Subdivision Regulations for
                   sidewalk construction along the south side of I-70 Drive Southeast.
    The bill was read by the Clerk.
    Mr. Boeckmann explained that an amendment sheet had been prepared which would add a new section clarifying that by granting the variance, it does not preclude the Council from later coming back and tax billing a sidewalk.
    Mr. Hutton made the motion to amend B273-01 per the amendment sheet. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    B273-01, as amended, was read with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B292-01     Approving the final plat of Jefferson Commons, Plat 1; granting variances from the Subdivision
                   Regulations regarding sidewalk and right-of-way; authorizing a performance contract.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained that this is a new apartment complex located on South Old 63 containing 26 plus acres. He noted that the applicant requests two variances. The first variance is associated with the half width right-of-way requirement. He said there is an existing 30-foot half width, and the classification of this street would require a 40-foot half width which would result in an additional 10-feet of right-of-way dedication. When reviewing this requirement, Mr. Dudark reported it was found that one of the buildings was constructed based on the existing setback from the current right-of-way. The additional dedication of the 10-foot half width would cause that structure to become nonconforming. The solution proposed to the Commission is to obtain the 10-foot dedication along the frontage, except for directly in front of the existing building (there would be a 20-foot length where no additional right-of-way would be dedicated). He noted a utility easement which falls in behind the right-of-way, so there could be some construction of utilities if there was ever a road project.
    In regards to the sidewalk variance, Mr. Dudark explained the recommendation to grant a partial variance. He said the sidewalk would be constructed about four-feet from the street and would cross a couple of driveways and then lead to a crosswalk location. Mr. Dudark noted that the Commission had discussed who would be responsible for constructing the crosswalk, but took no action on it. He commented that one alternative would be for the City to build the crosswalk, and another would be for the developer to build it as part of the approval for the variance.
    Mr. Dudark reported the applicant sent the Council a letter outlining their intent to grant and convey their interest in Lot 2, about 3.2 acres, as part of a greenbelt trail easement in exchange for favorable consideration of the partial sidewalk variance. He said the suggestion had been made by the staff and recommended by the Planning and Zoning Commission. The letter also asked for the deletion of participation by Jefferson Commons in the crosswalk construction and the timely approval of the plat.
    Mayor Hindman asked how much it would cost to build the crosswalk. Mr. Patterson did not think the expense would be that great. He said a curb cut would be required on the west side, and there should be a raised island of some type with a pedestrian haven in the center. Other than that, the project would consist of painting and signing of the crossing. Mayor Hindman voiced concern about the location of the crosswalk. He suggested considering a push button crosswalk and asked about cost. Mr. Patterson responded that an unsignalized crossing would probably be $5,000 or less, but the project would cost another $8,000 to $10,000 if a flashing light is added. He said a full stop signal would be a lot more than that. Mr. Patterson suggested that the crossing could be created and then staff could monitor it to see if a light would be warranted at some point.
    Mr. Janku asked if the light would flash continuously or if it was pedestrian activated. Mr. Patterson said it would be pedestrian activated -- it is timed and would flash for a short period of time.
    Mayor Hindman spoke of another problem in regards to the guardrail in the middle of the sidewalk. He did not think the width was adequate for bikers.
    Mr. Crockett explained that the owners were glad to dedicate Lot 2 as a greenbelt trail easement in exchange for partial consideration of a sidewalk variance and alleviating the responsibility for having to build the crosswalk. He said the tract amounts to 3.19 acres, and is basically a 100-foot strip adjacent to the north boundary line. Regarding the sidewalk, Mr. Crockett said this will be the fourteenth unit to be completed around the country by this developer. He noted there are 38 under construction. It has been the applicant's experience that when the development is located more than a mile from campus, more parking spaces are needed. In this case, the applicant proposes one space for each bedroom which would be 40% more parking than that required by the City. Regarding the crosswalk situation, Mr. Crockett said the guardrail on the west side begins where the crosswalk would be located, so to move the crosswalk any further north would force the guardrail to be broken.
    Mr. Beck assumed most pedestrians coming out of the complex would be heading north. Mr. Crockett agreed there would be very few going to the south. Mr. Beck asked if the applicant had evaluated having the crosswalk on the south side of the driveway. Mr. Crockett replied he had and that was vetoed by staff. Mr. Patterson commented that staff determined there were two locations where crosswalks could be installed, but they felt the north one would be preferable because pedestrian traffic will be going to the north. Also, a pedestrian refuge could be provided at this location without conflicting with turn lanes. The other driveways will have turning movements and would create a conflict for any pedestrian haven in the street.
    Mr. John asked if this had previously been a legally platted lot. Mr. Crockett replied it was a legal standing lot.
    Mayor Hindman asked why the City would give up the niche in the right-of-way rather than granting a setback variance. Mr. Hutton said the applicant would have to go to the Board of Adjustment. Mr. Crockett noted they have no assurance the Board would grant a variance. Mayor Hindman expressed concern that if this road is ever widened, the City would have to pay a large sum of money to obtain the necessary right-of-way from the applicant. Mr. Loveless did not think the road will ever be widened.
    Mr. Janku made the motion to amend B292-01 by adding the following language to Section 3: "This variance is subject to the conditions that the property owner convey Lot 2 to the City." The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    B292-01, as amended, was given third reading with the vote recorded as follows; VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B298-01     Amending Chapter 14 of the Code to set the speed limit on Route KK from Old Mill Creek Road to
                   State Route K at 50 mph.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that based on a study performed by MoDOT, this had been their recommendation upon completion. Staff concurs with the proposal.
    B298-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B299-01     Amending Chapter 14 of the Code to prohibit parking along sections of North Brown Station Road,
                   Brown Station Road and East Brown Station Road.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this would remove parking on North Brown Station Road from Route B to Heller Road, North Brown Station Road from Route B south to the COLT Railroad, and eastward on Brown Station Road from the COLT Railroad to Alpine Drive to the east. He said staff notified abutting property owners of the proposal.
    B299-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B301-01     Approving Change Order No. 1 to the contract with Emery Sapp and Sons for construction of the
                   Sunflower Street Improvement Project.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this change order pertains mostly with the relocation of electric lines and water mains. The change order amount is $57,463.
    B301-01 was given third reading with the vote recorded as follows; VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B302-01     Confirming the contract of J.C. Industries, Inc. for the Downtown Sidewalk Improvement Project.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that J.C. Industries was the low bid amongst eight bidders. He pointed out that the bid was over the engineer's estimate, and he added that is an example of why a contingency fund is needed. He reported the project will remove steps in the downtown area that have been a problem for the disabled community.
    Mr. John said he realized this was a small bid, but noted it is still 20% over the estimate. Mr. Beck said sometimes there are certain circumstances that will escalate bids, but in this case he did not know why the bids were so high.
    Mr. Hutton noted one bid had been thrown out because an improper bid form was used. He stated this is the second one in the last two meetings where this has occurred. Mr. Hutton assumed the language had not been changed recently. Mr. Patterson replied it is the same standard that has been used for several years. It was ascertained that the two bidders were new to the process.
    B302-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B304-01     Calling for bids for the Park Hill Addition Drainage Improvement Project; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this is a partnership project with the Library. Out of the estimated cost of $139,892, the Library will contribute about $42,500. He noted that a public hearing had previously been held in regards to the project.
    Mayor Hindman remarked that the project includes some detention in the park. Mr. Patterson indicated staff is performing a basin analysis and they have had meetings with affected property owners to initiate discussions. He was hopeful to bring forward plans with regard to improving stormwater management in the entire area. Mr. Patterson added this project would not affect the capability of putting detention in.
    B304-01 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. 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.

B293-01     Approving the replat of Lot 162 of Heritage Estates, Plat 1.
B294-01     Approving the final plat of Village Square, Plat 1-B; a replat of Lots 103 - 110 of Village Square,
                   Plat 1.
B295-01     Approving the engineer's final report; accepting a deed of dedication; authorizing payment of
                   differential costs for water main serving Seven Oaks, Plat 2.
B297-01     Accepting easements for water utility purposes.
B300-01     Approving the engineer's final report for the Bear Creek Trail Phase I Bridge Project.
B303-01     Authorizing application and execution of FTA grant documents for FY 2002.
B305-01     Accepting certain streets for public use and maintenance.
B306-01     Approving the engineer's final report for the Route AC Sanitary Sewer Relocation Project.
B307-01     Levying special tax assessment on property located at Lot 4 of Lamplight Square Subdivision for
                   abatement of a weed nuisance.
B308-01     Authorizing an agreement with the Missouri Department of Health for the Immunization Action Plan;
                   appropriating funds.
R182-01     Setting a public hearing: installation of traffic calming devices on Mills Drive, Hatton Avenue and
                   Limerick Lane.
R183-01     Setting a public hearing: construction of football/lacrosse fields at Columbia Cosmopolitan Park.
R184-01     Setting a public hearing: construction of a secondary levee and a well access road in the McBaine
                   Bottoms.
R186-01     Authorizing an agreement with the Missouri Department of Health for the Child Dental Sealant
                   Program.
R187-01     Authorizing Amending No. 2 to the agreement with the Missouri Department of Health for the
                   Community Based Home Visiting Program.
R188-01     Authorizing Amendment No. 3 to the agreement with the Missouri Department of Health for the
                   Community Based Home Visiting Program.
R189-01     Authorizing an agreement with the Missouri Department of Health for Child Care Sanitation
                   Inspection Program.
R190-01     Authorizing an agreement with the Missouri Department of Health for the Child Care Nurse
                   Consultant Program.
R191-01     Amending an agreement with the Missouri Department of Health for HIV/STD Educational Program.
R192-01     Authorizing an adopt-a-spot agreement with Dan and Barb Devine to maintain a planting bed located
                   on Brown Station Road near the Blue Ridge intersection.
R193-01     Authorizing the City manager to certify an annual statement of work in connection with a grant from
                   the State Emergency Management Agency to provide funding for local emergency management.
R194-01    Authorizing an agreement with the State Emergency Management Agency for the receipt of equipment.
R195-01     Authorizing a Transportation Planning Grant Agreement with the Missouri Highway and Transportation
                   Commission.
R196-01     Authorizing application to the Missouri Department of Public Safety for a STOP Violence Against
                   Women Grant.

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

NEW BUSINESS
R197-01     Amending agreements with Central Missouri Counties Human Development Corporation to provide
                   for the use of program funds for HOME eligible activities.
    The resolution was read by the Clerk.
    Mr. Beck said this would allow program income from HOME funds to be used for any eligible project, including administrative costs, for the Central Missouri Counties Human Development Corporation.
    In terms of the amendments, Mr. Janku thought the amount would be about $400,000. Mr. Dudark said it would total $488,000 over a several year period. Mr. Janku asked if Hanover was part of that. Mr. Dudark indicated that was separate. When City funds are used for Habitat and Human Development Corporation projects, Mr. Janku said the projects are focused primarily in the central city. He did not see any stipulations in the agreement as to what they can and cannot do with the money. Mr. Dudark said that was correct, it would just be HOME eligible activities. Mr. Janku asked whether that could be changed. Mr. Dudark remarked that CMCHDC is the only Community Development Housing organization in Columbia, and we are obligated to pass through 15% of our HOME funds to them. He noted the City could have some oversight over the projects to ensure they are spending money for HOME eligible activities and that it is documented. He did not know about restricting them to a certain location. Mr. Dudark pointed out that CDBG funds have a defined eligibility area, but the HOME program does not have that.
    Mr. John suggested that the staff look into whether or not the Council can direct that HOME funds have to be spent in a specific area.
    Mr. Janku made the motion that R197-01 be tabled. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
 

R198-01     Authorizing an agreement with Central Missouri Counties Human Development Corporation to provide
                   HOME funds for the purpose of constructing affordable housing.
    The resolution was read by the Clerk.
    Mr. Dudark said this was very similar to the last issue, but would be a new agreement that would cover some of their funds they have not received for 2000 and 2001. He said the Council may wish to table this bill as well.
    Mr. John made the motion that R198-01 be tabled. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
 

R199-01     Authorizing an agreement with Columbia Enterlight Ministries CDC for the rehabilitation and sale of
                   606 West Worley.
    The resolution was read by the Clerk.
    Mr. Beck explained that this is the property the City bought for one dollar and titled it to Enterlight Ministries. He said Enterlight will rehabilitate the home within 90 days. Once they sell it, any net profit they realize would be used for additional affordable housing.
    Mr. John noted that this agreement has no recourse if all the "shalls" are not followed. He asked what would be done if the agreement is not followed as agreed to. Mr. Boeckmann did not believe his department has ever changed the wording on this type of agreement coming from the Planning Department. He said his staff could work with Planning to come up with something more definitive.
    Mayor Hindman said this would not be the last time the City would be working with this group. If Enterlight does not perform properly, staff would remember that the next time something needs to be considered by the Council.
    Mr. John indicated he would like to see some kind of control in the future with these types of contracts.
    The vote on R199-01 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R200-01     Accepting a donation from the Mary Nall Trust in memory of Russ and Mary Nall to be used for the
                   beautification of local parks within the City of Columbia.
    The resolution was read by the Clerk.
    Mr. Beck explained that the City Trust was established to facilitate donations and bequests for projects and programs which enhance the City's quality of life. He said staff is also in the process of setting up a 501(c)(3), and just today we received approval from the IRS that our plan was approved. This will allow the City to work with foundations that have restrictions as to making gifts to 501(c)(3) programs. Mr. Beck felt that to be beneficial in meeting the overall goal of receiving more private funding for various programs.
    Under the terms of the Mary Nall Trust, Mr. Beck reported the City received a $50,000 bequest to be used for beautification for local parks of which no part is to be used for administration. He explained that Mr. and Mrs. Nall had been long-time residents of Columbia before their passing.
    Mayor Hindman believed gifts for beautification to be one of the greatest opportunities for giving to this community.
    The vote on R200-01 was recorded as follows; VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

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

B309-01     Appropriating donated funds for supplies for the D.A.R.E. program.
B310-01     Authorizing an agreement with Larkin Group Consulting Engineers, Inc. for design of the Lemone
                   Industrial Boulevard Improvement Project; appropriating funds.
B311-01     Calling for bids for the construction of Smith Drive from Windermere Drive west 1,600 feet.
B312-01     Authorizing the installation of traffic calming devices on Mills Drive, Hatton Avenue and Limerick
                   Lane.
B313-01     Voluntary annexation of property consisting of I-70 right-of-way.
B314-01     Approving the final plat of McNabb's Addition, a replat of a part of Lot 7 of Hunthill Subdivision,
                   Block 3; authorizing a performance contract.
B315-01     Approving a replat of Lot 6 of Sedona Villas, Plat 1.
B316-01     Vacating a drainage easement located in Stonecrest Subdivision, Plat 2; accepting an easement for
                   drainage purposes.
B317-01     Authorizing a Land and Water Conservation Fund Grant from the State of Missouri; authorizing
                   construction of football/lacrosse fields; appropriating funds.
B318-01     Amending Chapter 14 of the Code as it relates to intoxication related traffic offenses.
B319-01     Amending Chapter 16 of the Code to increase the penalty for violations of Article III relating to
                   noise.  Introduced by Coffman
B320-01     Amending Chapter 4 of the City Code relating to alcoholic beverages to increase the penalty for
                   violations of Chapter 4.  Introduced by Coffman
B321-01     Accepting easements for utility purposes.
B322-01     Calling for bids for the construction of McBaine levee and well access road; appropriating funds.
 

REPORTS AND PETITIONS
(A)     Additional FEMA Grant Approval Received.
    Mr. Beck explained that the Fire Department had applied for several pieces of equipment and a portion of that grant had been approved. Staff received confirmation that the remainder of the request was approved as well.
 

(B)     Proposed Revision to Chapter 29 of the City Code Regarding Off-street Parking Regulations.
    Mr. Beck noted that the Planning staff has been working on a comprehensive revision to the off-street parking regulations. He said the Planning and Zoning Commission reviewed the proposal and recommended approval. Mr. Beck asked the Council if they would like to have a work session on the issue before a public hearing is scheduled. Mr. John felt the Council should have a work session before having a public hearing. Mr. Janku asked that it be added to the priority list.
 

(C)     Voter Approved Annexation.
    Mr. Beck explained that this report outlines the process the City would have to go through to initiate a voter approved annexation. Also included is a calendar indicating the date lines that would need to be met for an August 2002 election, which is the earliest date it can be held next year.
    Mr. John asked if there was an issue about the two elections having to be held within a certain time period. Mr. Beck said that was correct.
    Mayor Hindman made the motion that staff be directed to proceed according to the attached schedule. The motion was seconded by Mr. John and approved unanimously by voice vote.
    Mr. Janku encouraged staff to continue their efforts to encourage voluntary annexation.
 

(D)     Program for demolition, acquisition and redevelopment of properties in the NRT area.
    Mr. Beck indicated the goal of promoting in-fill development on vacant lots in the central City area as it relates to the removal of dilapidated buildings and redevelopment is a program he felt the response team was handling very well. He said staff has discussed some funding alternatives to move the project forward. Results of a survey taken of the NRT area is also included in the report. If Council wishes to proceed with the programs, a public hearing will be scheduled for the October 15th meeting. At that point, amendments to the 2001 Plan will be presented.
    Mr. Janku supported the recommendation that funding be appropriated for the program and voiced his opinion about recalcitrant property owners who have abandoned property and have shown no inclination of maintaining it. He noted the Housing Authority has shown an interest in sponsoring home ownership programs, and this agency might be a potential partner since many of the deteriorated properties are in the immediate vicinity of their property. Mr. Janku commented that public housing could benefit by the removal of the dilapidated structures.
    In a related matter, Mr. Janku said he received a letter from the people working on Field Park in regards to additional lighting for this area. He was not sure of costs, but said before any money is reallocated from that project, he thought staff may want to think about monies for lighting in the area. Mr. Beck asked if the lighting would need to be on the list for the public hearing on the reallocation of funds. Mr. Dudark responded it would have to be added as a project. He said the money could be left in that particular account and not reallocated. Mr. Hood reported that staff is preparing a report in regards to the approximate cost for additional lighting.
    Mr. Janku made the motion that staff be directed to set the public hearing. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
 

(E)     Intra-departmental Transfer of Funds.
    Report accepted.
 

(F)     Ward Reapportionment Committee Report.
    Mayor Hindman noted that a work session has been scheduled for next Monday at which time this issue will be discussed. He made the assurance that a public hearing will be held before any final decisions are made.
 

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

BUILDING CONSTRUCTION CODES COMMISSION
Mescher, Kirk T., 308 Stalcup, Ward 4 - term to expire 8/1/04 (Structural/Civil)

CONVENTION & VISITORS ADVISORY BOARD
Filbert, Garvin P., 906 Wayne Road, Ward 5 - term to expire 9/30/03
Otto, Fred H., 1600 Doris Drive, Ward 2 - term to expire 9/30/03
Schultz, Thomas D., 1311 Troon Drive, Ward 5 - term to expire 9/30/03
Shah, Arvind P., 601 Adens Woods Court, Ward 3 (O/O) term to expire 9/30/03
Turpin, Donald F., 1717 Bunkerhill, Jefferson City (O/O) term to expire 9/30/03

BOARD OF ELECTRICAL EXAMINERS
Mescher, Kirk, T., 308 Stalcup, Ward 4 - term to expire 8/1/04

MAYOR'S COMMITTEE ON PHYSICAL FITNESS
Whittet, Candy A., 1980 West Way, County

NEW CENTURY FUND BOARD OF DIRECTORS
Barile, Mary M., 1309 Ashland Rd., Apt. J, Ward 6 - term to expire 9/30/02
Battle, Muriel W., 2200 W. Rollins, Ward 4 - term to expire 9/30/02
Digges, Kathryn Y., 7 Bingham Road, Ward 5 - term to expire 9/30/02
Ott, John W., 212 Bingham Road, Ward 5 - term to expire 9/30/02
Pfeffer, Walter L., 1405 Overhill, Ward 4 - term to expire 9/30/02
Roper, Robert L., 3711 Woodrail on the Green, Ward 5 - term to expire 9/30/02

PARKS AND RECREATION
Grus, Julia S., 910 Clayton, Ward 1 - term to expire 5/31/03

PERSONNEL ADVISORY BOARD
Schepers, Jim D., 4009 Beach Pointe Drive, Ward 4 - term to expire 9/30/04
Touzeau, Karen C., 2901 Conestoga, Ward 5 - term to expire 9/30/04
 

COMMENTS OF COUNCIL, STAFF, AND PUBLIC
    Mr. Loveless reported that he had been asked why the City does not require health clubs to have defibrillators on-site. Mayor Hindman suggested that this proposal be added to the report staff is preparing in regards to the issue.
    Henry Lane, 1816 E. Broadway, remarked that it was very nice to begin the meeting by reciting the Pledge of Allegiance. He suggested that all Council meetings begin with such.
    The meeting adjourned at 12:05 a.m.

                                                                                                Respectfully submitted,

                                                                                                Penny St. Romaine
                                                                                                City Clerk