M I N U T E S

CITY COUNCIL MEETING - COLUMBIA, MISSOURI

SEPTEMBER 7, 2004


INTRODUCTORY

The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Tuesday, September 7, 2004, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members HUTTON, JOHN, ASH, HINDMAN and CRAYTON were present. Members JANKU and LOVELESS were absent. The City Manager, City Counselor, City Clerk and various Department Heads were also present.

APPROVAL OF MINUTES

The minutes of the regular meeting of August 16, 2004, were approved unanimously by voice vote on a motion by Mr. Hutton and a second by Mr. John.

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA

Mr. John suggested that B234-04, B235-04, B236-04 and R136-04 be moved to the beginning of Public Hearings due to its request to be tabled. Mayor Hindman agreed.

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

SPECIAL ITEMS

Presentation to Fred Boeckmann, City Counselor - Lou Czech Award

Mayor Hindman explained this award had been given to Mr. Boeckmann by the Missouri Municipal Attorneys Association. He added that the Council was not surprised Mr. Boeckmann received this award as he has provided outstanding service to the City of Columbia and has developed a great deal of trust with the Council. Mayor Hindman presented the award to Mr. Boeckmann and congratulated him on behalf of the Council. Mr. Boeckmann thanked the Mayor for his kind words. He explained that Lou Czech was an attorney who practiced law for years and served as the City Attorney for the same city for 40 years.

SCHEDULED PUBLIC COMMENTS

None.

PUBLIC HEARINGS

B234-04 Rezoning property located on the northeast corner of Green Meadows Road and Green Meadows Circle from R-1 to PUD-10.

B235-04 Rezoning property located on the northwest corner of Green Meadows Road and Green Meadows Circle from R-1 to PUD-10.

B236-04 Rezoning property located on the north side of Green Meadows Road, approximately 100 feet east of Skylark Drive, from R-1 to PUD-3.

R136-04 Approving the Preliminary Plat of Trail Ridge Subdivision Block 3.

The bills were read by the Clerk.

Mayor Hindman opened the public hearing on the four bills and pointed out the Council would not be acting on them tonight.

Nita Brooks, 400 Cumberland, President of the Trail Ridge/Greenbriar Neighborhood Association, spoke about the three protest petitions for properties near Green Meadows Road. She noted the petitions had been turned in on Wednesday, September 1st, with all three having signatures exceeding the 30% requirement. On that Friday morning, Ms. Brooks said she was notified that the petitions were not considered valid because they were not filed by the required date. The decision was based on the City Counselor's opinion that the public hearing for which the petitions should have been filed was August 2nd, rather than tonight. She noted his opinion was based on the fact that the rezoning hearings were originally scheduled for the August 2nd agenda. She felt the interpretation to be wrong because the developer told them two weeks in advance that the hearings would not take place on August 2nd. She was told by the developer that the hearings would not be on the Council agenda until September. Based on that discussion, Ms. Brooks explained that they assumed the hearings would not be on the August 2nd agenda. She added that they did not have any indication that a public hearing would take place on that date. She felt the action taken at that meeting was nothing more than an administrative act to table the rezoning requests as requested by the developer. She noted that there was no one from either side in attendance at the August 2nd meeting and that no true hearing took place. Because of negotiations with the developer, she felt they could not file a formal protest petition against the plans until it was clear an agreement could not be reached. She respectfully requested the Council to consider September 1st the appropriate deadline for their petitions.

Traci Wilson-Kleekamp, 2905 Greenbriar, voiced concern about the ordinance being silent on what to do about a petition request when an agenda item was tabled. She felt there was no way for them to know their petitions were due on a different day. She asked the Council to err on the side of the public and change the verbiage to make it clear.

Sarah Hill, 3005 Greenbriar, pointed out that the last time a public hearing notice for these rezonings was published was July 15th. With an alternative date to be discussed, she felt the public hearing notice should be republished in the newspaper.

Per the developer's request to table these items, Mr. John made the motion that all four bills be tabled to the October 4, 2004 meeting. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.

Mayor Hindman pointed out they were required vote on these issues regardless of whether or not there was a valid protest petition. The legal results of that vote would have to be determined in a place other than at Council level.

B266-04 Adopting the FY 2005 Budget.

The bill was read by the Clerk.

Mr. Beck pointed out this was the second of three public hearings with the last to be held September 20th. He explained the Cable TV Task Force had asked to present a budget request this evening.

Mayor Hindman reopened the public hearing.

John Coffman, 1623 University, presented the interim report of the Cable Television Task Force. He explained that in December they began looking at the issue of upcoming franchise renewal process for both television cable companies and the issue of trying to bring back the cable access television channel. He pointed out the recommendation, affecting the budget the most, was to hire the Buske Group to begin assisting the City in the complicated franchise renewal process. He explained that they reviewed nine very qualified proposals and, after much consideration, they eliminated all but three. They conducted live interviews and selected the Buske group from the remaining three. The Task Force felt they had the best experience and combination of services. Through further negotiation and work with the City's Purchasing Agent, they were able to reduce their proposal by another $28,000. The current, revised proposal from the Buske Group was $112,000.

The first recommendation of the interim report, Mr. Coffman explained, was that the City look at increasing its franchise fee to the national average of 5%. The City was alone in Missouri by charging only 3%. A vast majority of cities that benefitted from a public access channel used some portion of the franchise fee to fund it. Mr. Coffman noted that they had a public access corporation, which was almost up and running. He hoped it would be starting around September 27. He explained they received a $93,000 check from MediaCom, some of which went towards a couple cameras and studio equipment, set up on an interim basis at Stephens College. The remaining money would allow them to run for a few short months, unless the City looked at increasing its franchise fee. He asked the Council to look favorably on their recommendations.

There being no further comments, Mayor Hindman continued the public hearing to September 20, 2004.

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

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

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

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

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

BB278-04 Amending Chapter 27 of the City Code relating to water rates.

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

B280-04 Repealing Ordinance 17838; establishing Parks and Recreation fees.

The bills were all given second reading.

Mr. Ash asked for the definition of PPD charges in regards to B276-04. Ms. Fleming explained they were death certificate charges.

Mr. Ash inquired about B277-04 and the increase in the meter fee going from $31 to $188. He understood that all future meters would be required to be remote read meters, making the cost less for the City. Although he agreed with the concept and realized the City would have lower labor costs, he felt some sort of savings should be passed along to the customer. Mr. Dasho felt there was a benefit to the consumer because if it lowered the cost for Water and Light, it would benefit all Water and Light customers. He added they would see a benefit in the long run due to lower costs for meter reading.

Referring to the water rate changes, Mr. Ash noted that we were doing away with the summer surcharge that was based on January through March usage and replacing it with a greater than 5 CCF summer rate for residential. He asked about the exceptions and why they had been put in. Mr. Dasho explained that was because the exceptions were not subject to the surcharge. Mr. Ash assumed they were broken out separately because multiple families served through a single meter would go way over 5 CCF. Mr. Dasho replied that was correct. In regards to commercial customers, Mr. Dasho explained that there was a significant variation between commercial customer usage, so it was appropriate to look at their usage in the winter time and apply a surcharge to them because of the unique nature of each commercial customer. Mr. Ash about the exception for the metered lawn irrigation. Mr. Dasho noted that since they did not have any usage during the winter, the higher charge would apply to them anyway.

Mr. Ash asked about possible ways, if any, to store electricity so our usage could be leveled out. Mr. Dasho explained that electricity was unique in that it could not be stored. It had to be used when generated.

Mr. Ash understood budget billing was used only for residential customers. He asked if in the future they could look into providing the same for commercial customers. Mr. Dasho replied that they were currently looking into that.

Referring to B280-04, Mr. Ash asked if it would be possible, in the future, to show strike outs, deletions and additions instead of repealing the ordinance each year. Mr. Boeckmann thought they could address the problem by codifying it and putting it in the City Code. That way the Code Company would make all the changes and one could still go back historically and find when the changes were made. He suggested that next year they simply put it in the Parks and Recreation Chapter of the City Code.

Ms. Crayton was concerned about the higher electric rates and asked about the Dollar More program. Ms. Fleming explained that the CASH and HELP program was not limited to a dollar amount. People could give whatever they wanted to give. In regards to changing the guidelines regarding assistance provided, Ms. Fleming stated she could report back with the balances and what affect increasing the CASH and HELP maximum available would have. Ms. Crayton said she also wanted to know what the State would be doing this year for the winter months. Ms. Fleming replied that they worked closely with the State and their programs and tried to refer customers to them when that type of assistance was necessary.

Mayor Hindman opened the public hearing on all of the above bills.

There being no comments, Mayor Hindman continued the public hearings to September 20, 2004.

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

The bill was given second reading by the Clerk.

Mr. Beck explained this would allow for 46 townhouses on individual lots. Two variances were requested, one having to do with the streets that intersected a main street and the other having to do with the length of an alley. Planning and Zoning recommended approval of the plan with the variances.

Mayor Hindman opened the public hearing.

Tom Bass, 909 Westover, explained that he was trying to do something that would have a lasting impact on north Columbia and thought this town square would be unique. He noted the east portion of the property was zoned commercial and added that they envisioned shops facing the town square.

Mayor Hindman closed the public hearing.

Mr. Ash felt there were some unresolved issues. The first was that the street might be too long when connected to the other part. When the PUD came in, he thought, they had suggested a stop sign or possibly a traffic circle. He asked if stop signs were generally put in PUDs. Mr. Patterson stated stop signs, whether part of a PUD or open zoning, by our own ordinances, were installed only when they met traffic warrants under the manual for uniform traffic control devices. He thought it was unlikely that these intersections would reach that level. He pointed out that traffic studies indicated accidents increased at unwarranted stop signs and that they did not effectively slow down traffic. Mr. Patterson stated they felt it would be better to try to design the street with traffic control or traffic calming devices before they got too far along and had to go back and retrofit the street, if their concern was that the connection of the two streets would result in a long, straight street and cause speeding issues. He noted that this had not yet been addressed.

Mr. Ash noted another issue was the median and the closeness of Sullivan Street to Arctic Fox Drive. There was a concern they were too close to one another and that there should, perhaps, be a median to prevent left turns off of Sullivan. When reading through the Planning and Zoning minutes, he thought it sounded like they were suggesting a wait and see attitude.

In regards to the issue of the sidewalks next to the streets, he noted that he liked the argument of having the sidewalks next to the street and thought it was reasonable in this instance.

Mr. Ash also noted that he saw nothing addressed in the minutes regarding the alley length issue. Mr. Patterson thought the alley length was discussed and assumed from the vote that it was the Commission's decision that the alleys would be public. Mr. Ash asked if Staff preferred alleys be private. Mr. Patterson explained the comments were primarily directed at the maintenance of the alleys and the imposition in regards to maintenance. It would be an additional responsibility for the street division and would include additional costs.

Mr. Patterson noted the potential need for a median was an observance by the traffic engineer, but he, himself, thought it was more of a future issue. Until Smiley was connected to Creasy Springs and made a part of the interconnection system, he did not think it was likely the turning movements would result in the accidents that could be envisioned at some later date. He thought at the Planning and Zoning level it was more of a fairness issue, in that, if it was a stand alone development, it would not be imposed on the developer. They gave consideration to the fact that he paid more than the normal share of the development of the street and made some determination this would be more appropriately shared with the City for that reason, if it was ever needed. At this point there was a discussion about the street length and the straightness of it. Mayor Hindman commented that they were not dealing with the other end of the street at this point. Mr. John explained it was a discussion point when the PUD came through. By adding the two pieces together, it would create a long street. Mayor Hindman thought all they could impose within this plat was some sort of traffic calming. Mr. John agreed and thought it would be appropriate at Gondolier and Corcoran, possibly Gladden, or some place where there was an intersection where they could create a diversion of some sort. Mr. Patterson was asked about possibilities. Mr. Patterson thought all of the street right-of-way for Corcoran and Gondolier were in this PUD and added if we chose to do something to that intersection, it could be an imposition on this PUD. He felt it was a logical place to put some type of traffic calming device. There was a suggestion they approve the PUD contingent upon approval of design changes to the intersection meeting Public Works approval. Mr. Boeckmann recommended that they table the issue and incorporate the design changes into the PUD.

Mr. Bass commented that they were planning a stop sign at the north-south street. Mr. Ash pointed out that Mr. Patterson had just stated they could not do that, unless the traffic counts warranted it. Mr. Bass thought they had also talked about putting in some bulb outs. Mr. Ash asked if he had a preference of having it left semi vague or tabling the issue. Mr. Bass replied that if the Council was comfortable with leaving it vague, he was okay with it. Mr. Beck suggested the developer's engineers work with the City's engineers to design it. Mayor Hindman liked the requirement of traffic calming that was acceptable to the Public Works Department. Mr. Bass said he was willing to go ahead this evening, if the requirement was going to be some type of traffic calming device that satisfied Public Works.

Mr. Boeckmann suggested adding a new Section 5 and renumbering the other sections. He noted section 5 could read - approval of the PUD Site Plan is subject to the subdivider designing and installing traffic calming devices on Corcoran Drive subject to the approval of the Director of Public Works. Mr. Bass agreed to that language.

Mr. John made the motion to amend B267-04 per Mr. Boeckmann's suggestion. The motion was seconded by Mr. Ash and approved unanimously by voice vote.

B267-04, as amended, was given third reading with the vote recorded as follows: VOTING YES: HUTTON, JOHN, ASH, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: JANKU, LOVELESS. Bill declared enacted, reading as follows:

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

The bill was given second reading by the Clerk.

Mr. Beck explained this two and one-half acre tract of ground was located at the southeast corner of Woody Lane and Mexico Gravel Road. This request would allow for an office building consisting of approximately 17,500 square feet. Both Staff and the Commission recommended approval.

Mayor Hindman opened the public hearing.

Carroll Winslow, 5649 N. Clearview Road, spoke in favor of the Plan. He said the blueprints were near completion and they were anxious to see the process completed.

Robert Swearengen, 2908 E. Henley, explained that he lived just to the west of this project and that he was speaking on behalf of the neighborhood association president who could not be in attendance this evening. He stated the neighborhood was in favor of the project and felt it would be an improvement to the area.

Mayor Hindman closed the public hearing.

B268-04 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, JOHN, ASH, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: JANKU, LOVELESS. Bill declared enacted reading as follows:

(A) Voluntary annexation of property located southwest of the intersection of State Route K and Old Plank Road.

Item A was read by the Clerk.

Mr. Beck described this to be an 80 acre tract of ground located in south Columbia and zoned for single family agricultural in the County. He added the property was served by Boone Electric, City sewer was nearby, and the nearest county fire station was about 2.6 miles away. The request was for R-1 zoning.

Mayor Hindman opened the public hearing.

David Kurtz, an attorney with offices at 111 S. Ninth, spoke on behalf of the property owners, John Sam Williamson and his wife, Susan. About one-half of this property, he explained, was under contract for sale to be purchased and developed with residential housing. Mr. Kurtz noted they had met with the neighbors at two public meetings and access was discussed. He pointed out that the Scott Boulevard extension would be coming down and joining up with Route K immediately to the west of the subject tract. He added there were improvements in the works for Route K at that intersection, extending both east and west from the intersection in the vicinity of the property. His point was that there would be additional access beyond what was shown on the overhead in the very near future. He also explained there was a sewer plant to the east of this property that the current owner had a hand in building. There would be access to that sewer as part of the purchase agreement in place, where a sewer line would be brought into the center of this property.

Mayor Hindman closed the public hearing.

(B) Voluntary annexation of property located on the southwest corner of State Route K and High Point Lane.

Item B was read by the Clerk.

Mr. Beck explained the request on this approximate 40 acre tract to be R-1. He noted the utilities to be same as that of the above request.

Mayor Hindman opened the public hearing.

David Kurtz, attorney for the owner, explained this property to be immediately adjacent to the sewer plant mentioned previously. Again, he noted the Scott Boulevard extension would ultimately provide access from the north to this site. This request was also discussed at the meetings held with the neighborhood on the previous request. They had a good turn out with lots of helpful discussion. He pointed out this property was consistent with the development to the north of Route K in that it would be residential development and consistent with the Metro 2020 Plan.

Rob Wolverton, 2504 St. Regis Court, explained that he was the developer of the project to the north of this tract, The Cascades. He said they would retain development of this property, the 40 acre piece, as well as be involved in the construction of the homes on the project. They felt it was important to maintain control over the development and construction of the area to make sure they protect the value of their property to the north. He noted the lots would be similar in size to the smaller lots in The Cascades, possibly slightly smaller. The project in its feel and appearance would be similar to the Seven Oaks Subdivision.

Mayor Hindman closed the public hearing.

(C) Voluntary annexation of property located on the north side of St. Charles Road, east of Upland Creek Road.

Item C was read by the Clerk.

Mr. Beck referred to this as a small tract of ground consisting of one acre located within an island. The property currently had a single family dwelling on it, which was served by a septic tank system. There was a sewer line in the immediate vicinity, which could replace the septic tank system.

Mayor Hindman opened the public hearing.

There being no comments, Mayor Hindman closed the public hearing.

(D) Voluntary annexation of property located on the east side of Bearfield Road, approximately 1,200 feet south of Nifong Boulevard.

Item D was read by the Clerk.

Mr. Beck described this tract as five and one-half acres with the request being for planned office zoning, O-P.

Mayor Hindman opened the public hearing.

There being no comments, Mayor Hindman closed the public hearing.

R178-04 Amendment to the FY2004 Action Plan for HOME funds.

The resolution was read by the Clerk.

Mr. Beck explained a request had been received by the Regional Aids Interfaith Network to utilize federal money administered by the City to purchase a four-plex on Stone Street. They were requesting $129,475 for acquisition and renovation. Staff recommended $125,000 toward the project. Mr. Beck noted this type of request was in accordance with the Plan.

Troy Balthazor, President of Boone County Basic Needs Coalition, provided a letter of support and summarized that letter, which expressed their strong support for the Regional Aids Interfaith Network's (R.A.I.N.) request to purchase the Stone Street property. It was their understanding that R.A.I.N. planned to purchase the four-plex, refurbish it and rent it to clients of their agency. He explained that R.A.I.N. was pursuing a three year grant, which would enable them to provide affordable housing to individuals that were HIV positive or had AIDS. With approval to purchase the Stone Street property, it was likely the Shelter Plus Care vouchers that R.A.I.N. received could be used to serve other clients and/or allow other agencies to utilize funds. This would also provide an opportunity for people who were HIV positive or had AIDS to have adequate and affordable housing. Mr. Balthazor stated their coalition had the utmost confidence in R.A.I.N.'s mission and capacity for making this project a success and asked for Council support.

The vote on R178-04 was recorded as follows: VOTING YES: HUTTON, JOHN, ASH, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: JANKU, LOVELESS. Resolution declared adopted, reading as follows:

OLD BUSINESS

B225-04 Granting a variance relating to sidewalk construction along the south side of Proctor Drive, just east of Creasy Springs Road.

The bill was read by the Clerk.

Mr. Beck noted that approval had been recommended by both Staff and the Commission, but Council requested additional information. Public Works forwarded a report.

Mr. Ash felt that Mr. Patterson had made some very good arguments in his report and stated the screening issue definitely trumped the issue of being able to walk along the side of the road. He thanked Staff and the developer for the extra work and effort.

Mayor Hindman stated he too had been swayed.

B225-04 was read with the vote recorded as follows: VOTING YES: HUTTON, JOHN, ASH, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: JANKU, LOVELESS. Bill declared enacted, reading as follows:

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

The bill was given second reading by the Clerk.

Mayor Hindman noted a request to table this issue had been received.

Mr. John made the motion that B269-04 be tabled to the October 4, 2004 meeting. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.

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

The bill was given second reading by the Clerk.

Mr. Beck explained this had been done in accordance with a Council request to change the format so that the public could speak before Council and Staff at the end of the meeting.

B272-04 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, JOHN, ASH, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: JANKU, LOVELESS. Bill declared enacted, reading as follows:

CONSENT AGENDA

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

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

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

R160-04 Setting a public hearing: voluntary annexation of property located on the southeast corner of U.S. Highway 63 and Oakland Gravel Road.

R161-04 Setting a public hearing: construction of water main serving Timber Ridge, Plat 2.

R162-04 Setting a public hearing: restoration of the porch at the Blind Boone Home.

R163-04 Authorizing an agreement with the Missouri Department of Health and Senior Services as it relates to West Nile virus case surveillance.

R164-04 Authorizing an agreement with the Missouri Department of Health and Senior Services for mosquito surveillance.

R165-04 Authorizing an agreement with the Missouri Department of Health and Senior Services for the daycare inspection program.

R166-04 Authorizing an agreement with the Missouri Department of Health and Senior Services for the regional public health emergency planning and preparedness program.

R167-04 Authorizing an agreement with Lincoln University to provide public health experience for student nurses.

R168-04 Transferring funds from the Convention and Visitors Bureau Tourism Development Fund to the Parks and Recreation Department Heritage Festival Account.

R169-04 Authorizing an amendment to the agreement with The Curators of the University of Missouri to expand campus transportation services.

R170-04 Authorizing property lease agreements for trash compactor service.

R171-04 Authorizing a supplemental lease agreement with the Transportation Security Administration to lease office space in the north terminal building at Columbia Regional Airport.

R172-04 Authorizing Supplement No. 11 to the FAA lease for mold abatement at the Automated Flight Service Station.

R173-04 Authorizing an agreement with the Missouri Highways and Transportation Commission for FHWA and FTA planning grants.

R174-04 Officially recognizing the Deer Ridge Neighborhood Association.

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

NEW BUSINESS

R175-04 Appointing William S. McKenzie as an Associate Municipal Judge.

The resolution was read by the Clerk.

Mr. Beck explained this would appoint Mr. McKenzie to a four year term as an Associate Municipal Judge. He noted that Mr. McKenzie served as City Prosecutor for 16 years.

Mayor Hindman noted they had reviewed many applications from well qualified applicants.

The vote on R175-04 was recorded as follows: VOTING YES: HUTTON, JOHN, ASH, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: JANKU, LOVELESS. Resolution declared adopted, reading as follows:

R176-04 Consenting to the issuance of Transportation Development Revenue Bonds by the CenterState Transportation Development District.

The resolution was read by the Clerk.

Mr. Beck explained that the bonds would be backed by TDD sales tax and that there would be no responsibility on the part of the City. This resolution would permit the CenterState TDD to redeem Series A notes by selling $1.5 million in TDD bonds.

The vote on R176-04 was recorded as follows: VOTING YES: HUTTON, JOHN, ASH, HINDMAN, CRAYTON. VOTING NO: NO ONE. ABSENT: JANKU, LOVELESS.

Resolution declared adopted, reading as follows:

R177-04 Authorizing a HOME agreement with the Columbia Community Development Corporation for home ownership assistance.

The resolution was read by the Clerk.

Mr. Beck explained that a number of years ago a team had been appointed, the Neighborhood Response Team (NRT), which worked in Council approved geographic areas of the City. In order to make upgrades, somebody was needed to work on housing and other things. The Columbia Community Development Corporation requested that they be provided some financial assistance for low income households to be purchased in this particular area. He noted the group has worked with the City since 1998. Staff recommendation was that their request be approved for two additional homes.

The vote on R177-04 was recorded as follows: VOTING YES: HUTTON, JOHN, ASH, LOVELESS, CRAYTON. VOTING NO: NO ONE. ABSENT: JANKU, LOVELESS. Resolution declared adopted, reading as follows:

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

PR179-04 Establishing a policy governing the use of Attraction Development funds.

B281-04 Rezoning property located north of Vandiver Drive and south of Pioneer Drive, west of Woody Lane, from R-1, A-1 and O-P to C-P.

B282-04 Vacating unbuilt street right-of-way and easements in conjunction with the proposed Final Plat of Oak Forest Plat 10.

B283-04 Approving the Final Plat of Oak Forest Plat 10; authorizing a performance contract; authorizing a development agreement; granting a variance relating to C-P development plan approval.

B284-04 Vacating a sanitary sewer easement in conjunction with the proposed Final Plat of Hyde Park South Plat 2.

B285-04 Approving the Final Plat of Hyde Park South Plat 2, a Replat of Lots 1, 2, 3, and 4 of Hyde Park South; authorizing a performance contract.

B286-04 Approving the Final Plat of Forest Ridge Plat 2; authorizing a performance contract.

B287-04 Approving the Final Plat of Oakland Park Estates Plat 1, a Replat of a portion of Lot 1 of McCaleb Subdivision; authorizing a performance contract.

B288-04 Approving the Final Plat of Oakland Park Estates Plat 2, a Replat of a portion of Lot 1 of McCaleb Subdivision; authorizing a performance contract.

B289-04 Approving the Final Plat of Westcliff Plat 1; authorizing a performance contract.

B290-04 Approving the Final Plat of The Cascades Plat No. 3; authorizing a performance contract.

B291-04 Authorizing an annexation agreement with Jeff and Stephanie Hemme for property located on the southwest side of Bellview Drive.

B292-04 Vacating a utility easement in Biscayne Heights Subdivision.

B293-04 Calling for bids for construction of East Broadway from Old 63 to Brickton Road, including realignment of the Trimble Road intersection.

B294-04 Establishing Sanitary Sewer District No. 149 along Edgewood Avenue.

B295-04 Allowing issuance of a building permit to Liberty Square Properties, LLC for a structure in a utility easement in Liberty Square Subdivision; approving a waiver of claim and indemnity agreement.

B296-04 Amending Chapter 14 of the City Code to prohibit parking along a section of Park de Ville Drive.

B297-04 Authorizing a Right of Use Permit with Mill Creek Manor, Inc. to allow the installation of landscaping, an irrigation system and lighting within a portion of the Barksdale Mill Drive right-of-way.

B298-04 Authorizing a Right of Use Permit with Bay Hills Development, LLC to allow the installation of landscaping, an irrigation system and lighting within a portion of Bay Hills Drive right-of-way.

B299-04 Confirming the contract with Capital Railroad Contracting, Inc. for construction of the Cow Branch Outfall Sewer Extension Project.

B300-04 Confirming the contract with Steve & Associates, Inc. for construction of Green Meadows Road from Providence Road to Route AC.

B301-04 Accepting conveyances for drainage, sewer, street, temporary turnaround and utility purposes.

B302-04 Authorizing construction of water main serving Timber Ridge, Plat 2; providing for payment of differential costs.

B303-04 Authorizing payment of differential costs for water main serving Stonecrest, Plat 6; approving the Engineer's Final Report.

B304-04 Authorizing license agreements with the Department of Natural Resources for Katy Trail State Park utility crossings.

B305-04 Accepting conveyances for utility purposes.

B306-04 Calling for bids for the restoration of the porch at the Blind Boone Home.

B307-04 Accepting certain streets within Lake of the Woods Transportation Development District for public use and maintenance; authorizing a notice of completion for the transportation improvements.

B308-04 Authorizing an agreement for purchase and donation of portions of the Philips Farm tract; appropriating funds.

B309-04 Amending Chapter 2 of the City Code as it relates to public records, meetings and votes.

B310-04 Authorizing an agreement with the Health Adventure Center for Tourism Development Funds; appropriating funds.

B311-04 Authorizing an agreement with LPBW Development Company, LLC for donation of property located in The Cascades Subdivision for park and open space purposes.

B312-04 Establishing new group insurance premiums for the employee health and dental care plans.

B313-04 Amending the Classification Plan and adopting the FY 2005 Pay Plan.

B314-04 Amending Chapter 19 of the City Code as it relates to personnel policies, procedures, rules and regulations.

REPORTS AND PETITIONS

(A) Intra-departmental Transfer of Funds.

Report accepted.

(B) Potential Sanitary Sewer District on Valley View Road & Old U.S. 63.

Mr. Beck explained that a petition was received regarding the formation of a nine lot sewer district. The next step would be to direct Staff to perform some preliminary design work, come up with cost estimates, and inform the property owners.

Mr. John made the motion that Staff be directed to proceed with the preliminary design work. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.

(C) Cable Task Force Interim Report.

Mr. Ash noted the Task Force had listed five action items for the Council to take, one of which was pressing forward with hiring the consultant. He felt that was the most pressing because it could have a budgetary impact. Mr. John suggested it be part of their discussion at the work session Wednesday evening. Mr. Ash commented that he was not sold on the franchise fee recommendation. He was hesitant to raise the fee 2% because everyone would have to pay it and he was not sure everyone would care about the access channel. He thought that might be something they could negotiate. If they funded it by raising the franchise fees, he was worried they would have lost the opportunity to make it part of the franchise renewal discussion. He noted the Public Schools stated they would like to see some funds.

Mayor Hindman agreed the consultant should be hired. He thought the consultant might have something to say about what we should be paying toward having an acceptable community channel. In addition, he noted they would be doing an audit, which he was looking forward to. Mayor Hindman felt questions like considering penalties for underpayment of franchise fees and things like that might be slightly premature. Mr. Beck said it might make a difference as to how the franchise agreement was negotiated. In some cities, the company was required to set up the studio and do a number of other things, but it was incorporated in the rates they charged their customers without the city relinquishing one of its opportunities for gross receipts tax.

Mr. Hutton was supportive of the whole concept and what was trying to be accomplished, but stated it had not been proven to him that they needed the $250,000 every year to make it work. Of the five recommendations, he also felt the one they needed to move on now was the hiring of the consultant. Mr. Hutton suggested Staff work on it and come up with, at least a temporary, funding source. Mr. Beck commented that alternatives could be brought to the table tomorrow evening. Mr. Hutton agreed with Mr. Ash in that if the City committed to funding the entire thing, what incentive was there for MediaCom to pay their share when they were supposed to be providing it anyway.

Mr. John agreed, but thought it should be broken up. He suggested first looking at the consultant, then looking at the franchise fee and how and when we could increase it, and then at the cable companies as to how they were going to support this on their own. Before putting out a lot of funding, he thought we should make sure one did not supercede the other.

Mr. Boeckmann understood they would discuss the consultant at the work session on Wednesday. He said they could make it a budget item.

Mr. John asked that a staff report be provided on the rest of it also -- the franchise fee and the responsibilities of the cable companies. Mayor Hindman thought the consultant could give them some advice on that part. Mr. John said that might be what the staff report says - to wait until the consultant was heard from. Mr. Boeckmann noted there were different ways to set them up. Mr. Ash thought some of the issues would need to be addressed before the consultant was finished. When the task force provided a report, he asked if the Council had to provide a response. Mayor Hindman noted they would get the minutes, but there was no legal requirement to provide them with a response. He mentioned recognizing Stephens College and thought they might want to see their budget. Mr. John thought they would want to see their agreements and how they were lined up. He thought the Law Department should look them over.

Mr. Boeckmann explained how it was currently being handled with this group. Under the current franchise, MediaCom and Charter had the obligation to provide public access, but it did not spell out any details. At this point, he said the arrangement could simply be between the cable companies and the group that was going to provide public access. That was how they were meeting their current franchise obligations and, in the future, that was subject to negotiation. He thought the new group would prefer to have a contractual relationship with the City and probably the contract would be year by year, how much money we would give them, and what they would do with it. It would not work, legally, to automatically give them 2% each year.

BOARDS AND COMMISSIONS

None.

COMMENTS BY PUBLIC, COUNCIL AND STAFF

Mr. Ash made the motion that Staff be directed to report back with an update on the issue of wine being served with dinner at downtown businesses. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.

During budget discussions, Mr. Ash said he had suggested a citizens advisory board for the Police Department. He stressed he was not viewing this as some type of oversight committee, but more as a partnership like the Water and Light Advisory Board or the Parks and Recreation Commission, where they help the department. He asked the Chief to define the idea on his terms. Mayor Hindman thought they had already asked Chief Boehm to come back with a report.

Ms. Crayton relayed a bus situation which occurred after the football game last weekend. She was concerned about people being stranded after the night games. She also understood the taxi drivers were price gouging on game day, charging $10 per head. She asked that these issues be looked into.

The meeting adjourned at 9:09 p.m.

Respectfully submitted,


Sheela Amin
City Clerk