M I N U T E S
 CITY COUNCIL MEETING - COLUMBIA, MISSOURI
 APRIL 21, 1997

INTRODUCTORY
    The City Council of the City of Columbia, Missouri, met for a regular meeting at 7:00 p.m., on Monday, April 21, 1997, in the Council Chamber of the City of Columbia, Missouri.  The roll was taken with the following results:  Council Members KRUSE, COFFMAN, HINDMAN, JANKU, CROCKETT, and CAMPBELL were present.  Council Member COBLE was absent.  The City Manager, City Counselor, City Clerk, and various Departments Heads were also present.

APPROVAL OF MINUTES
    The minutes of the regular meeting and the special meeting, both held on April 7, 1997, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mr. Janku.

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mayor Hindman noted that R61-97, R62-97, and R63-97 would be moved from New Business to Special Items on the agenda.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mr. Janku.

SPECIAL ITEMS
A.     Sister City Relationship - Kutaisi, Georgia.
    Mayor Hindman introduced and welcomed Kutaisi's Mayor, Teimuraz Shashiashvili.  Mayor Hindman explained that Kutaisi is in the Republic of Georgia and is now an independent state rather than part of the Soviet Union.  He noted that the declaration and signing of a City Sister Agreement would take place on Tuesday, April 22nd at 4:00 p.m.  Mayor Hindman invited the public to attend.
    Mayor Shashiashvili commented that it was an honor to be present and speak at a Council meeting.  He thanked the Council and the citizens of Columbia for establishing a relationship with Kutaisi, and thanked Dr. Trish Blair for her efforts in establishing the relationship.
 

B.     Presentation of Certificates of Adoption - Adopt A Spot.
R61-97     Authorizing a right of use permit for landscaping on Forum Boulevard north of Forum and
                  Doral Street.
R62-97     Authorizing a right of use permit for landscaping on Forum Boulevard north of Green
                  Meadows Road.
R63-97     Authorizing a right of use permit for landscaping on Forum Boulevard at Forum and
                  Woodrail Avenue.

    The resolutions were read by the Clerk.
    The Mayor noted that the resolutions would be voted on separately but discussed at the same time.
    Mayor Hindman called Jeff Cook, a representative of the Heart of Missouri Master Gardeners, and Allan Burdick to the podium.  He also introduced Elizabeth Dumm, the City's Volunteer Coordinator, who explained the Adopt A Spot areas on Forum Boulevard.  Ms. Dumm stated the agreement entails a commitment in which the adopter agrees to plant and maintain a particular bed for three years.  Mayor Hindman presented Mr. Burdick and the Heart of Missouri Master Gardeners with certificates of adoption.  He noted that Jack and Cindy Daugherty would also be receiving a certificate.
    The vote on R61-97 was recorded as follows:  VOTING YES:  KRUSE, COFFMAN, HINDMAN, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  ABSENT:  COBLE.  Resolution declared adopted, reading as follows:
    The vote on R62-97 was recorded as follows:  VOTING YES:  KRUSE, COFFMAN, HINDMAN, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  ABSENT:  COBLE.  Resolution declared adopted, reading as follows:
    The vote on R63-97 was recorded as follows:  VOTING YES:  KRUSE, COFFMAN, HINDMAN, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  ABSENT:  COBLE.  Resolution declared adopted, reading as follows:

SCHEDULED PUBLIC COMMENTS
1.     Public Safety on MKT Trail - Terra L. Henry.
    Terra Henry, 108 W. Texas, explained that she is a University of Missouri student who uses the Trail frequently.  She expressed concern about the latest attack on the Trail and the overall safety of it.  She asked for more police support on the Trail.  She had been given the impression that officers are willing to patrol the Trail, but need community support for the program.  Ms. Henry wanted to see it become more socially acceptable for a lone female walker to approach other women and ask to walk with them.  She also suggested that a spot be designated for people to meet on the hour if they did not want to be on the Trail alone.
    Mr. Kruse asked how many times a day the Trail was presently being patrolled.  Ms. Henry understood there currently is an incentive program, but it is not mandatory that officers use the Trail.  She had been told that there was probably a maximum of five officers per day that patrol the Trail, but it was at their discretion.
    Mayor Hindman thought the Trail was a wonderful facility and, statistically, was a very safe place in spite of the incident that recently occurred.  He thought Ms. Henry's ideas were good and suggested that she speak with Ms. Dumm, the Volunteer Coordinator, so that perhaps some sort of volunteer system could be worked out with the Trail users.

PUBLIC HEARINGS
B90-97     Authorizing landscape work on land north of the Daniel Boone Building using City
                  employees.
    The bill was given second reading by the Clerk.
    Mr. Beck explained when the parking lot behind the Daniel Boone Building had been overlaid, the Council discussed landscaping it.  He said a plan had been put together with an estimated cost of $13,000 to do so.  Mr. Beck said it would utilize two parking spaces and the idea was to accomplish the work using City force labor from Public Works and the Parks and Recreation Department.  The plan is to plant four trees and some shrubbery.
    Mayor Hindman was very pleased to see the landscaping plan.  He thought it was important for the City to lead by example because the private sector is expected to provide landscaping.
    Mayor Hindman opened the public hearing.
    There being no comments Mayor Hindman closed the public hearing.
    B90-97 was given third reading with the vote recorded as follows:  VOTING YES:  KRUSE, COFFMAN, HINDMAN, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  ABSENT:  COBLE.  Bill declared enacted, reading as follows:

B91-97     Approving engineer's report and tax billing for improvements to Sanitary Sewer District No.
                  147 (Smiley Lane East).

B92-97     Approving engineer's report, Change Order No. 1 and tax billing for improvements to
                  Sanitary Sewer District No. 143 (Smiley Lane West).
    Both bills were given second reading by the Clerk.
    Mayor Hindman noted that the bills would be discussed together, but would be voted on separately.
    Mayor Hindman opened the public hearing on both bills.
    Mr. Patterson explained that both sewer districts had been formed by ordinance in November of 1994 due to problems with failing on-site septic systems and lagoons in the area.  There had been several meetings with property owners and a public hearing was held on the projects in April of 1995.  Two districts had been formed, rather than one, in order to provide some equity in the assessments due to the areas being in different drainage basins.  This would create an affordable sewer district that provides gravity flow rather than the pump station which had been initially considered.
    Sewer District 143, is on the west side of Smiley Lane and consists of approximately 1,200 feet of eight inch sewer line, 1,100 feet of 12 inch line, necessary manholes and a boring under Route 763.  Total cost for District 143 was $71,079.  Mr. Patterson reported the Sewer Utility would pay $54,502 of that amount to provide for responsibility to the 80 acre point, and credit was also provided for not having to install a pump station.  Mr. Patterson said this alternative would have been less expensive initially, but would not have served a large enough area.  Therefore, the Sewer Utility benefitted by the amount of the additional cost in the District.  The balance of $16,576.15 would be assessed to property owners lying within the boundaries of District 143.  He pointed out that the resolution estimate at the time of the public hearing had been $89,500.  Mr. Patterson stated this equated to an assessment of 16.8 cents per square foot, but because the bids received were favorable, the actual cost was less.  The assessment currently being proposed is only 10.6 cents per square foot, approximately 63% of what was estimated at the time of the resolution.  There are seven parcels of property located within Sewer District 143.
    Mr. Patterson reported District 147 consists of 900 feet of eight inch line at a total cost of $23,077.30, all of which is proposed to be paid by tax levies.  The resolution estimate was $37,700 and, at the time, it was estimated that the abutting property owners would be tax billed at 16.1 cents per square foot.  In reality, the costs incurred were only 12.4 cents per square foot which is approximately 77% of what the expected tax bills had been.  Mr. Patterson noted that District 147 consists of six parcels of land being proposed for assessment.
    Prior to making assessments on the properties, Mr. Patterson explained that it will be necessary for the Council to determine that benefits have accrued to the properties.  He pointed out a major benefit is the elimination of potential health hazards and the accompanying liability associated with on-site treatment systems which do not function properly.  In addition, the cost of maintaining these systems will also be eliminated.  Mr. Patterson reported property values increase significantly with the provision of public sanitary sewers, which is true for both developed and undeveloped properties within the District.
    Regarding the general policy for extension of sewers, Mr. Janku asked if it was correct that normally the City would just extend a line to the 80-acre point.  In this case as part of the Sewer District, Mr. Janku said the sewer was extended beyond that point and part of it was being assessed to the home owners.  Mr. Patterson said that was correct.  The sewer had been extended somewhat further in order for the Sewer Utility to serve areas not included within the District.  He said it was not felt it would be appropriate to charge properties that are being served in the District for the total cost.   Bill Barnes, 1213 Smiley Lane, explained that he has two pieces of property designated for a street which are 50 feet wide and about 170 feet in length.  He was under the impression a charge would occur only if he was going to have a sewer hook-up.  He did not think it was possible to develop anything on a 50 foot wide piece of land.
    Mr. Patterson pointed out that the two pieces Mr. Barnes was referring to were not dedicated as streets and, therefore, would not come under any exclusions as a street.  This land is still part of a property that is intact.  He noted that a major portion of the property belonging to Mr. Barnes, although benefitting from the Sewer District, was located outside the City limits and not subject to special assessment.  Mr. Patterson said if the City was able to assess all of the land that would be benefitted, Mr. Barnes would have a much higher tax bill.
    Mr. Barnes said on his abstract the land was designated as a road.  Mr. Patterson said it was not shown as a street on any plat he had.  He said it was still a part of the original tract.  Mr. Patterson stated that may have been the intention, but the action to make it a public street had not yet occurred.  Mr. Barnes said if the City ever wanted to develop the property behind, those pieces could be used for access.  Mr. Patterson said that was true.  In addition, by being a part of that access to the property that cannot be tax billed, staff felt it only fair that the portion that lies in the District should pay a portion of the cost as well.
    Mr. Janku asked if the property was dedicated as a street, whether the tax bill could be terminated.  Mr. Patterson said had it been part of a dedication of a street, staff would not have included it in the assessment.  Mr. Patterson was not sure that if the property is platted before the tax bill is actually paid, whether this would eliminate the tax bill.  Mr. Boeckmann said if the land was actually dedicated at some point in the future, usually collection on tax bills is against the property as opposed to the owner.  Although the Charter allows the City to collect against the owner, it has not been the practice to do so.  Mr. Boeckmann said this case is handled similar to a property tax where an individual could not be sued to get a judgement, rather a lien is placed against the property.  He said if the City wanted to accept a dedication, at that point the tax bill issue could be addressed.
    Mr. Campbell asked if he understood that the sewer line installed was large enough to serve all of the property currently owned by Mr. Barnes.  Mr. Patterson said that was correct.  A 12 inch line was installed to the east side of Route 763.  On projects like this, the City designs for full development of the drainage basin.  Mr. Campbell questioned should the property be annexed at some time in the future, whether it would be eligible for sewer.  Mr. Patterson said it would have sewer available to it.
    Mr. Janku asked if the tax bill could be triggered at that point.  Mr. Patterson said any tax bill would have to be assessed now.
    Mayor Hindman closed the public hearings.
    B91-97 was given third reading with the vote recorded as follows:  VOTING YES:  KRUSE, COFFMAN, HINDMAN, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  ABSENT:  COBLE.  Bill declared enacted, reading as follows:
    B92-97 was given third reading with the vote recorded as follows:  VOTING YES:  KRUSE, COFFMAN, HINDMAN, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  ABSENT:  COBLE.  Bill declared enacted, reading as follows:

B102-97     Authorizing staff to construct improvements to parking lots at Nifong Park.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that $25,000 had been budgeted this fiscal year to do overlay work on two parking lots in Nifong Park.  He noted that one lot was next to the Maplewood Barn Theatre and the other was located at the southeast corner of the park in close proximity to a shelter area.
    Mr. Janku asked if construction would be complete before the new theatre season begins.  Mr. Green said it could not be guaranteed to be done by then, but staff would try to schedule around the performances.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B102-97 was given third reading with the vote recorded as follows:  VOTING YES:  KRUSE, COFFMAN, HINDMAN, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  ABSENT:  COBLE.  Bill declared enacted, reading as follows:

OLD BUSINESS
R46-97     Approving the preliminary plat of Scottswood.
    The resolution was read by the Clerk.
    Mr. Campbell made the motion that R46-97 be amended per the amendment sheet.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. Beck explained that the Council had tabled this resolution at the last meeting to see if there could be some additional connections between the cul-de-sac streets, particularly for pedestrian purposes, and the major thoroughfare in the area.  He said Mr. Hancock had been discussing those questions with the subdivider.  He asked Mr. Hancock to describe the amendment.
    Mr. Hancock reported the amendment sheet contained conditions to require the final plats to have unimproved pedestrian easements that the Council requested.  This includes reserving a lot on the west side of Fairwood, located on the north side of the development, for if and when a future street extension was needed in the area for access.  The developers agreed to these conditions on final plats in the area.
    Larry Moore, Executive Vice-President of the Harold Johnson Companies, offered to answer any questions.
    Regarding the reserved lot on the west side, Mr. Beck asked if this was the lot that connects to the proposed shopping area.  Mr. Hancock replied it was.  Mr. Hancock believed the Council's desire was to have one of the fairly rectangular lots reserved for some sort of access.  Mr. Beck asked how the vacant area was zoned.  Mr. Hancock said it was zoned C-P.  Mr. Beck said that would allow any necessary work with the lot as it develops.  Mr. Moore said there were no plans for the C-P zoning at this time and the developer did not have a problem with reserving the lot.  He said the developer would bring forth proposals on how the C-P might work and what terrain requirements look like, which could be significant in this area.
    Mayor Hindman stated he spoke to the developer and a very fair criticism had been made that the Council established requirements with respect to a pedestrian area when there is no firm policy on this issue at the present time.  He thought it was incumbent upon the Council to make a policy so developers know where they stand with respect to the issue.  Mr. Moore said at this time the developer did not know how to deal with these requirements in the final plat.  He said a very large landscape berm is intended all along Scott Boulevard and, obviously, working pedestrian easements through it at the end of the cul-de-sacs would be a big problem.  Mr. Moore said the developers were trying to figure out how to work this into the plat.  Different avenues are being explored which includes the establishment of a homeowners association which could assist in the process.  Mayor Hindman appreciated the good faith effort that was being put forth.
    Mr. Campbell indicated he had met with the developer a couple of times and there were a lot of different options being examined.  He thought the Council would see significant changes from what was on the map at this time.  He suggested the Council keep an open mind about the situation at the present time.
    The vote on R46-97, as amended, was recorded as follows:  VOTING YES: KRUSE, COFFMAN, HINDMAN, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  ABSENT:  COBLE.  Resolution declared adopted, reading as follows:

B85-97     Amending Chapter 27 regarding water master meters.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the present ordinance requires each business to have a separate water meter and this amendment would allow more than one business on a single meter.  Because of the rate structure, staff did not feel there would be a negative affect.
    B85-97 was given third reading with the vote recorded as follows:  VOTING YES:  KRUSE, COFFMAN, HINDMAN, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  ABSENT:  COBLE.  Bill declared enacted, reading as follows:

B87-97     Authorizing acquisition of a water line easement on Route PP.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that these easements would allow the City to extend a 16 inch water main in the Route PP area.
    B87-97 was given third reading with the vote recorded as follows:  VOTING YES:  KRUSE, COFFMAN, HINDMAN, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  ABSENT:  COBLE.  Bill declared enacted, reading as follows:

B88-97     Authorizing agreement with Public Water Supply District No. 2 to merge the District and
                  City water systems.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that the Council had been briefed on this issue from time to time as negotiations have occurred.  He said there had been litigation involved in this particular issue.  Mr. Beck explained that the agreement would resolve the litigation problem, if approved by the voters in the District.  He felt it was a win-win situation for both the City and the District.
    Mr. Beck reported calculations had been done to establish fair rates for the people within the District.  He said these calculations will provide a credit to District customers for investments already made in water towers and that sort of thing.  He said it distinguishes the difference between the rates within District No. 2 and in areas such as Georgetown that have not paid toward water wells and water towers.
    Mr. Beck said the rate outside the City would be 15.7% above City customers.  Those people in the District living within the City limits would have the same rate as other City customers.  The next step would be for this agreement to go to Circuit Court, as occurred with the Prathersville agreement.  He said the District Board would then need to place it on the ballot for approval by the voters within Water District No. 2.  Following that vote and assuming it was positive, Mr. Beck said points made in the agreement would be implemented.
    Mr. Campbell commented that this was a historic occasion and he was pleased to see it.
    Mrs. Crockett understood that the agreement would eventually increase fire flows to City standards in the Indian Hills area.  Mr. Beck replied this was correct.  He said Water District No. 2 was located in such a way that there is already some fairly large water mains in the area and, with minimum cost, the City would be able to connect these to the Water District lines.  He said that would provide fire flows and pressures that would help the area.
    B88-97 was given third reading with the vote recorded as follows:  VOTING YES:  KRUSE, COFFMAN, HINDMAN, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  ABSENT:  COBLE.  Bill declared enacted, reading as follows:

B89-97     Authorizing an agreement with Horner & Shifrin for engineering services for improvements
                  to Sunflower Street, and appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck reported as part of the last ballot issue, Sunflower, which is a collector street, had been included on the priority list for construction.  Because of the many programs and projects the City is designing in-house, and since this is a larger project, Mr. Beck said staff suggests that an outside firm assist the City in designing it which could step-up the call for bids on the project.  The project is estimated at $655,000.  Mr. Janku understood there would be meetings with the neighborhood in terms of planning and obtaining input as the project moves forward.  Mr. Patterson said that was correct.
    B89-97 was given third reading with the vote recorded as follows:  VOTING YES:  KRUSE, COFFMAN, HINDMAN, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  ABSENT:  COBLE.  Bill declared enacted, reading as follows:

B93-97     Establishing Sanitary Sewer District No. 142 along Anthony Street between College
                  Avenue and William Street.
    The bill was given second reading by the Clerk.
    Mr. Beck said establishing this district with 12 lots in the older part of the City would allow to follow-up and reconstruct some old sewers that were built privately before standards were in place.  Mr. Patterson and his staff met with the property owners and it was felt residents were ready to go ahead with the establishment of the district.
    B93-97 was given third reading with the vote recorded as follows:  VOTING YES:  KRUSE, COFFMAN, HINDMAN, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  ABSENT:  COBLE.  Bill declared enacted, reading as follows:

B94-97     Authorizing land acquisition to construct Sanitary Sewer District No. 136 (Olive Street area).
    The bill was given second reading by the Clerk.
    Mr. Beck explained that a public hearing had been held on this project.  He said this would allow City staff to obtain the easements to build within.
    B94-97 was given third reading with the vote recorded as follows:  VOTING YES:  KRUSE, COFFMAN, HINDMAN, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  ABSENT:  COBLE.  Bill declared enacted, reading as follows:

B97-97     Approving the final plat of Crossroads West, Plat 3.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that approval of this plat would allow the existing shopping center to have the number of lots reduced from three to two.  Typically, each lot would have to have an individual sewer connection and Mr. Beck understood that was what was being waived.  Mr. Hancock said that was correct.  Mr. Beck said when the shopping center was being developed, the rule was that where there was single ownership or unified control of the entire shopping center, it was allowable to have one sewer line serving all of the businesses.  When a plat is subdivided, it is difficult to rebuild the sewer lines within it.
    B97-97 was given third reading with the vote recorded as follows:   VOTING YES:  KRUSE, COFFMAN, HINDMAN, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  ABSENT:  COBLE.  Bill declared enacted, reading as follows:

B99-97     Vacating two public alleys near Elm and Hitt Streets.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this vacation was in conjunction with construction of a new parking garage in the area.  He said with the change in ownership of the property, the alleys are no longer needed.
    Mr. Kruse asked if there would be access onto Ninth Street for this garage.  Mr. Campbell said there would be.  Mr. Beck said one of the main connections being worked on was an alignment with Tenth Street to the north.
    B99-97 was given third reading with the vote recorded as follows:  VOTING YES: KRUSE, COFFMAN, HINDMAN, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  ABSENT:  COBLE.  Bill declared enacted, reading as follows:

B100-97     Amending Chapter 9 and 16 regarding sale of fireworks.
    The bill was given second reading by the Clerk.
    Mr. Beck said this question had emerged in discussions with sizeable property owners regarding associated problems with annexation into the City.  A major concern had been the firework situation on the west side of North 63.  Currently, there is a lease on this property and staff is requesting that they be allowed to honor the lease with the condition that the use be phased out when the lease expires.
    Mr. Janku said the way the ordinance was written, it would apply to all future annexations where there are leases in effect.  Mr. Boeckmann said that was correct.  This ordinance was not written specifically for any property.
    Mr. Campbell asked if there was a maximum length of time involved.  Mr. Boeckmann said seven years was specified from the time any particular tract comes into the City.
    Mr. Campbell noted that a constituent who could not attend the meeting had asked him to voice his opposition to any fireworks being sold in the City of Columbia.
    Mayor Hindman felt this was something that should be permitted and questioned whether or not the Council should consider allowing firework sales within the City under highly regulated conditions.  He observed it was currently occurring around the outskirts of the City anyway.
    Mr. Janku had concerns about the ordinance after first reading it, but had come to accept it because of the importance to the future of the City to continue with annexations.  He said at some point the Council would have to think about policies related to this issue.  He said there may also be other issues that come up in terms of land use as areas are annexed.  Mr. Janku said seven years was not a bad number and was used at times to amortize things, but he felt it would have been better if it had been discussed beforehand.  He said future discussions may be necessary in terms of other types of uses the Council may want to consider allowing operation of within the City.
    B100-97 was given third reading with the vote recorded as follows:  VOTING YES:  KRUSE, COFFMAN, HINDMAN, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  ABSENT:  COBLE.  Bill declared enacted, reading as follows:

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

B86-97     Accepting water utility conveyances.
B95-97     Appropriating funds to upgrade the HVAC system at the automated flight service station at
                  the airport.
B96-97     Appropriating grant funds for Cultural Affairs staff to attend two conferences.
B98-97     Approving the final plat of Sidra East.
B101-97   Amending Chapter 18 regarding firefighter pensions.
B103-97   Upgrading the corrections nurse position.
R53-97     Setting a public hearing regarding annexation of property at 1126 West Old Plank Road.
R54-97     Setting a public hearing regarding annexation of property south of Nifong Boulevard.
B55-97     Authorizing an agreement with the University School of Nursing.
R56-97     Authorizing an agreement with the Department of Health for sexually transmitted disease
                  clinical services.
R57-97     Authorizing an agreement with Boone County to provide clerical services in connection
                  with the enhanced 911 system.

    The bills were given third reading and the resolutions read with the vote recorded as follows:  VOTING YES:  KRUSE, COFFMAN, HINDMAN, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  ABSENT:  COBLE.  Bills declared enacted and resolutions declared adopted, reading as follows:

NEW BUSINESS
R58-97     Approving the preliminary plat of Emerald Ridge.
    The resolution was read by the Clerk.
    Mr. Beck explained that this plat is in northeast Columbia between Rice Road and Waterloo Drive.  He said it was approximately 2.8 acres consisting of 10 R-2 lots.  The plat had been recommended for approval by the Planning and Zoning Commission.
    The vote on R58-97 was recorded as follows:  VOTING YES:  KRUSE, COFFMAN, HINDMAN, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  ABSENT:  COBLE.  Resolution declared adopted, reading as follows:

R59-97     Authorizing a petition for annexation of the wastewater treatment plant and surrounding
                  property.
    The resolution was read by the Clerk.
    Mr. Beck noted that this property is located in southwest Columbia, adjacent to the City.
    Mr. Janku pointed out that this was a relatively routine procedure and, as property becomes contiguous to the City, he saw annexation as a housekeeping issue.
    Mayor Hindman expressed concern about the remaining island.  He urged staff to talk to Meadowbrook West Subdivision and Scottsdale Subdivision owners to see what potential there was for voluntary annexation.
    Mr. Campbell pointed out that most of these areas were rental properties.  He said there would be a conflict in a sense that the owners would not be the people who would be voting to come into the City.
    Mr. Janku felt it would be worth the effort.  He said it took Capri Estates a long time to agree to annexation, but it had been successful.
    Mr. Boeckmann explained that if 100% of the property owners agreed, it would be possible.  He said it was also possible to do an involuntary annexation which would leave it up to the voters.  He said any registered voter residing in the area would be eligible to vote on it.  Absentee owners would not be eligible to vote.
    Mr. Beck said contact would be made with the owners.
    The vote on R59-97 was recorded as follows:  VOTING YES:  KRUSE, COFFMAN, HINDMAN, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  ABSENT:  COBLE.  Resolution declared adopted, reading as follows:

R60-97     Authorizing an agreement for engineering services in connection with the design and
                  construction of Cell No. 2 at the Sanitary Landfill.
    The resolution was read by the Clerk.
    Mr. Beck noted that this is a sizeable project with the cost of opening the area estimated at $1.8 million.
    The vote on R60-97 was recorded as follows:  VOTING YES:  KRUSE, COFFMAN, HINDMAN, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  ABSENT:  COBLE.  Resolution declared adopted, reading as follows:

R64-97     Authorizing an agreement with Memorial Day Weekend - Salute to Veterans Corporation for
                  an air show.
    The resolution was read by the Clerk.
    Mr. Beck noted that this event has been coordinated for several years by Mary Posner.  He said the agreement was a formality and provided for the proper insurance for the event.
    The vote on R64-97 was recorded as follows:  VOTING YES:  KRUSE, COFFMAN, HINDMAN, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  ABSENT:  COBLE.  Resolution declared adopted, reading as follows:

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

B104-97     Levying a special tax to abate a weed nuisance.
B105-97     Establishing A-1 zoning on recently annexed property on the east side of Scott Boulevard
                     south of the MKT Parkway.
B106-97     Rezoning from R-3 to C-3 property on the east side of College Avenue south of Business
                     Loop 70 East.
B107-97     Authorizing acquisition of easements for the Garth Avenue and Sexton Road storm water
                     drainage improvement project.
B108-97     Authorizing an amendment to the agreement with Shafer, Kline & Warren for engineering
                     services for the Route B project.
B109-97     Confirming the contract for storm sewer and sanitary sewer improvements on the William
                     and Anthony Street drainage project, and appropriating funds.
B110-97     Granting a variance regarding street width on North 7th Street in connection with CCDC
                     Subdivision.
B111-97     Approving a replat of Lot 17 of Country Club Villas.
B112-97     Approving a replat of Lot 18 of Country Club Villas.
B113-97     Approving a replat of Lot 72 of Country Club Villas III.
B114-97     Approving the final plat of Glendale Gardens, Plat 5.
B115-97     Accepting water utility conveyances.
B116-97     Amending Chapter 5 of the City Code regarding confinement of dogs.
B117-97     Amending Chapter 2 of the City Code to establish a Disabilities Commission.
B118-97     Authorizing an agreement with Boone County and Boone Electric Cooperative for
                     establishment and operation of a geographic information system.

REPORTS AND PETITIONS
(A)     Golden Knights Parachute Team.
    Mr. Beck said this request was handled by the same group working on the event at the airport.  He said an arrangement had been worked out as far as insurance and related issues.  The request is to allow the Golden Knights to parachute on Broadway between Fourth and Tenth Streets.
    Mayor Hindman made the motion that the request be granted.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

(B)     Intra-Departmental Transfer of Funds.
    Report accepted.

(C)     Roadway Petition - Highway 63/AC/LeMone/Stadium Boulevard.
    Mr. Beck sent a two page petition to the Council which he received last week.  The request was that the City take the initiative to work with the County Commission and State Transportation Department to try to correct traffic and safety problems in the area of the US 63 and New Haven/AC interchange.  Because of the 1,400 plus employees off of LeMone Boulevard, the buses and students at New Haven School, and the number of people living at the Lenoir Home who had circulated the petition, Mr. Beck had forwarded the petition to the Council.  His suggestion was that the staff be directed to look at the situation at the US 63 corridor.  He thought now was the time to do so because the Highway Department was moving ahead with a design for AC which will connect to US 63 at this interchange.  In addition, there are developments being proposed in the area.  Before this occurs, it needed to be determined what kind of roadways, if any, the City wants connected to Stadium Boulevard east of US 63 from both the north and the south.  Mr. Beck outlined his report.
    Mr. Campbell said this was truly a congested intersection.  It is also true there are some major problems that will be faced by any road that may be constructed through what is a very environmentally sensitive area containing two creeks.  He said at best it would be very damaging to the environment.  Mr. Campbell is not opposed to planning in the area, but thought the Council should be very cautious of the plans.  Rather than doing it with a ruler, he suggested looking at innovative ways that would minimize damage to the environment by routing types of construction.  Mr. Campbell received a number of comments since this had come out in the paper Saturday.  He said environmental concerns was the primary issue, but another was the feeling that developments in the area should pay a substantial portion of the cost for improvements.  He said it would be benefitting a limited number of developments and they should be major partners in the whole process.  Mr. Campbell said while he would support moving ahead, he strongly urged the staff to look very carefully at the impact to the environment, ways of minimizing that impact, and also for major partnerships from people in the area.
    Mr. Coffman agreed with Mr. Campbell and said he too had received considerable contact from residents of the Sixth Ward.  He felt that now was the time for planning and felt considerable public input was needed.  Mr. Coffman stated the concerns were not just environmental, but the whole quality of life issues that surround a new route which could change the character of the area.
    Mr. Campbell made the motion that staff be directed to formally pursue a plan to eliminate future existing traffic problems in the Highway 63/AC/LeMone/Stadium area and bring recommendations back to the Council.  He further motioned that his suggestions (environmental and partnership issues) be incorporated.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mayor Hindman suggested that there might be some short term things that could be considered for the benefit of the people in the area, such as investigating the possibility of another stop light or some traffic signals that would help alleviate the present situation.  Mr. Campbell said another possibility to consider would be an outlet road to the east.  He wanted to see what that would do, if anything, to relieve some of the traffic flow.

(D)     Street Closure Request.
    Mr. Beck explained this is a request to close Garth and Dorsey streets, one-half block south of Broadway, from 6:00 a.m. to 12:00 p.m.  He said the Library Board was opposed to the Garth Street closing.  No one is in opposition to the Dorsey Street closing.
    Mr. Campbell said the Library is strongly opposed to the Garth closing as on Saturday's it is frequented by many people.
    Mr. Janku pointed out that there would be another Council meeting before the event was to take place.  He suggested tabling the request to see if something could be worked out and asked that Second Avenue be examined as an alternative.  He said it was not heavily traveled and might be a good staging area.
    Mr. Campbell made the motion that the Council approve the Dorsey Street closing and ask the applicants to come back with an alternative to the Garth closing.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

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

AIRPORT ADVISORY BOARD
Crouch, Lawrence C., 3410 Calumet, Ward 6 - term to expire 5/16/01
Taylor, Robert W., 2508 Cimarron, Ward 5 - term to expire 5/16/01

BOARD OF ADJUSTMENT
Davis, J. Christopher, 4504 Ria, Ward 2 - term to expire 5/1/02

BOARD OF HEALTH
Hamilton, Andrew M., 3107 Lynnwood, Ward 5 - term to expire 8/31/99

SUBSTANCE ABUSE ADVISORY COMMISSION
Alexander, Jordan E., 715 W. Stewart, Ward 4 - term to expire 10/31/97

WATER & LIGHT ADVISORY BOARD
Hutton, Robert C., 2252 Country Lane, Ward 3 - term to expire 6/30/00
 
COMMENTS OF COUNCIL, STAFF AND PUBLIC
    Mr. Campbell commented that he had been contacted by the Fairview Neighborhood Association on several occasions.  This group is very concerned about the amount of traffic that has been directed by the City developing soccer fields on the back side of Fairview Park.  He said it was creating quite a bit of traffic in the quiet, dead-end neighborhood streets.  The association wondered if there was a way of relieving the congestion, possibly by building a street through from Fairview.  Mr. Campbell said that may not be feasible, but asked the staff to examine various alternatives that would reduce some of the high speed traffic from going into this neighborhood.  Mayor Hindman said that might include some sort of traffic calming system.  Mr. Campbell said there was one planned in his ward, but apparently the neighborhood had withdrawn their request.  He suggested there might be another place to try that out.
    Mr. Kruse said that he and Mr. Beck received a request from The Highlands developer, Bob Walters, requesting to have parking removed partially on Forum Parkway.  He asked for a staff report.
    Mr. Janku said he received a petition from the North Central Neighborhood Association.  There had been some street improvements in this area, which residents were very pleased to get, but some tree replacement is also needed.  This group is asking for a coordinated effort between the City staff and the neighborhood association.  Mr. Janku said their thought was that some of the trees could be provided for as part of the street project, and others as part of Trade-a-Tree because utility lines had been moved.  He said there was also the on-going Tree Power campaign in Water and Light where trees are given to homeowners to plant to conserve energy.  Mr. Janku stated there are different programs available that could be utilized.
    Mr. Janku made the motion that the staff be directed to work with the property owners and the neighborhood association in coming up with a coordinated tree replacement program for the two streets.  The motion was seconded by Mr. Kruse and approved unanimously by voice vote.
    Mr. Janku said there had been a lot of discussion about sewers as various districts have been recently implemented throughout the City.  He said the City of Springfield was going through a very similar effort to try to upgrade the community.  He said this city had recently enacted some ordinances dealing with cost recovery of sewer lateral lines and other items where, if construction comes in above a certain cost, it is recovered at the time of sale of the property.  He suggested looking at Springfield's recently enacted ordinances for some sort of assistance.  He said there is a strong interest in various parts of Columbia to get sewers brought to these neighborhoods.  Mr. Janku thought it was a matter of the cost that served as a detriment.
    Mr. Janku said he was pleased to see the progress with the COLT Railroad.  He said it was doing well in increasing its usage.  For a long time the City has subsidized it and he wondered, since the City has a financial crunch with the sales tax revenues, if consideration should be given to developing a gross receipts type payment from the railroad utility to help with the general fund.  Mr. Beck said the railroad had recently added another locomotive and thought their bottom line would change some.  Nevertheless, he said it was the kind of program that should be looked at.  Mr. Janku said there were a lot of City services the Council should start looking at, particularly as City services are extended outside City boundaries.
    Mrs. Crockett said she had received a call regarding the installation of a temporary canopy and the fact that a permit was required.  She asked what the purpose for this could be.  Mr. Beck said it was probably to make sure it was safe and in compliance with setback requirements.  Mr. Patterson said he was sure it had been defined in the building code as a structure or the City would not be allowed to charge for a building permit on it.  Mr. Patterson will get a report to Mrs. Crockett.
    Mrs. Crockett asked about charging for parking meters until 10 p.m.  Mr. Patterson said he would report back and, in addition, the business community would probably want to have some input.
    Mrs. Crockett stated on the north end of the Woodridge Park area there are no sidewalks.  She realized the park was put in before the sidewalk ordinance went into effect.  She said if residents are required to pay for sidewalks, it was only fair the City do the same.  She said the north end of Berrywood is an area where sidewalks are really needed.  Mrs. Crockett asked that sidewalks in this area be added to a list as soon as possible.  Mr. Beck said there was a formula and he would get her a report.
    Mrs. Crockett asked where the City stood on the recovery system.  Mr. Patterson said staff owed the Council a report on it.  He and Mr. Beck had been talking about it and the goal was to have something for the Council at the next meeting.
    Mayor Hindman said the Council previously passed a resolution urging developers to provide pedestrian access to commercial areas from non-commercial areas.  He said there had not been a lot of cooperation from the developers to it.  He suggested making it a policy.  Mayor Hindman's theory was that oftentimes developments are allowed long cul-de-sacs, not because it was good planning, but because it helps to market the property.  He said it was what the developers want because they believe that is what the public wants.  The result of this type of development is long trips for residents to get from the cul-de-sacs to a street.  Mayor Hindman did not think that should necessarily spill-over to the pedestrian, and added that it becomes very expensive for the City to have the pedestrian cut-off from the surrounding main streets and sidewalks.  He wanted to see a policy considered which might allow cul-de-sacs in connection with development, however, pedestrian circulation ought to be as good as would be if long cul-de-sacs were not allowed.
    Mayor Hindman made the motion directing staff to prepare a report regarding pedestrian circulation and what should be done about the construction of such areas.  Staff will need to ensure that right-of-way donated by the developer will not result in the loss of any side yard.  The same number of lots would still exist as would have without the easement.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mrs. Crockett felt that a lot of people buy on cul-de-sacs because they were quiet.  She said these homeowners do not want a lot of pedestrian or vehicular traffic in these types of neighborhoods.
    Mr. Janku thought what is being proposed is access will be planned in the original development, therefore, potential buyers would be aware of it.
    Regarding the general sidewalk policy, Mayor Hindman said the Council received some information on it and this issue needs to be discussed.  Under introduction and first reading at tonight's meeting, there was a preliminary plat for a subdivision which would be built on two unimproved streets north of Route PP.  He said the City was going to encounter the problem of how to take care of financing improvements that will be necessary when the streets are brought up to standards, and what to do about the sidewalks.  He said if the Council approves the plat as submitted, a subdivision would be developed without sidewalks and without thought about the future.  In the long run, tax payers will be stuck with whatever comes up.  Mr. Janku encouraged that it be made a top work session priority as there was a pretty good consensus on the Council's part about moving forward with a policy.
    Henry Lane, 1816 E. Broadway, said with the approval of the bond issue on April 1, the City would have to decide what changes would be made to the rates that utility customers are charged.  The City would also have to decide when to issue bonds and in what quantity.  He noted changes in the water projects and said he did now know why they had been necessary.  In Council deliberations about the amount of bonds to issue, Mr. Lane asked that the City not issue any bonds for projects which really do not have priority during the next five year period.
    The meeting adjourned at 9:25 p.m.
                                                                                             Respectfully submitted,
 
                                                                                             Penny St. Romaine
                                                                                             City Clerk