M I N U T E S
 CITY COUNCIL MEETING - COLUMBIA, MISSOURI
 DECEMBER 16, 1996
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri, met for a regular meeting at 7:00 p.m., on Monday, December 16, 1996, in the Council Chamber of the City of Columbia, Missouri.  The roll was taken with the following results:  Council Members CROCKETT, CAMPBELL, KRUSE, HARLINE, HINDMAN, COBLE, and JANKU were present.  The City Manager, City Counselor, City Clerk, and various Department Heads were also present.

APPROVAL OF MINUTES
    The minutes of the regular meeting of December 2, 1996, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mr. Harline.

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mayor Hindman noted that R170-96 would be deleted from the agenda.  B380-96 was removed from the Consent Agenda and placed under Public Hearings.  R195-96 was added under New Business.   And finally, Report J was added under Reports and Petitions.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Harline and a second by Mr. Campbell.

SPECIAL ITEMS
1.     Recognition of Water and Light Department.
    Mayor Hindman asked Mr. Malon, Water and Light Director, to join him at the lectern.  The Mayor read a proclamation from the City of Independence, Missouri based on the response by the Columbia Water and Light Department to the crisis situation that occurred in Independence after a major storm reduced their ability to provide services to citizens.  Mayor Hindman congratulated Mr. Malon and his department for a job well done.  Mr. Malon accepted the proclamation on behalf of his staff and said he would make sure it was forwarded to the Distribution Center's display case so those employees could see it.

SCHEDULED PUBLIC COMMENTS
1.     Aaron Wood - Eastwood Drive Improvement Project.
    Aaron Wood introduced his wife, Stephanie, and explained that when they received a petition last summer for the Eastwood Drive project, estimated cost for improvements had been around $1,200.  He said they learned last month that it could cost them as much as $6,440 because of the substantial frontage they own.  He noted that their gross household income last year had been $10,400 and said this assessment would pose a large financial burden for their family.  Mr. Wood asked the Council to reduce the amount to the original $1,200 figure.
    Mr. Campbell asked if the Wood's owned the corner house and if it was for sale.  Mr. Wood said they owned the house in question and were debating whether they should rent it or sell it.
    Mayor Hindman suggested that Mr. Wood read the memo explaining some of the complications involved in this issue and that he then talk to the staff about it.
    Mr. Janku asked about the status of the CDBG funds.  Mr. Patterson said they indicated in the memo that if the income information was correct and the Wood's are the property owners and residents at the time, according to City policy they would be eligible for a Community Development Block Grant that could pay the entire amount of the improvements if it is determined they meet the criteria.
    Mr. Campbell asked when this issue would be coming before the Council.  Mr. Patterson said it would be late in the year, but the project would be constructed this summer.  He said typically it was a couple of months after completion of a project before his department was ready for tax bill hearings.
    Mr. Wood said they had been getting a lot of pressure to sign the easement documents and were hoping to get something settled tonight before signing them.  Mayor Hindman explained that the Council was not in a position to negotiate with him and again suggested that he visit with the staff.
    Mr. Hancock invited Mr. Wood to come to the Planning Department to discuss the income verification procedure.
    Mr. Patterson pointed out that the contract had been awarded on the project and it would be necessary to proceed with condemnation on this small tract of land.

PUBLIC HEARINGS
B375-96     Approving the O-P development plan of Boone County Teacher's Credit Union.
    The bill was given second reading by the Clerk.
    Mr. Beck commented that this request had been recommended for approval by the Planning and Zoning Commission as well as by the staff.
    Mayor Hindman opened the public hearing.
    Wayne Hubert, Hubert Builders, 200 Old Highway 63 South, offered to answer any questions on behalf of the Credit Union.
    Linda Griffin, President of the Credit Union, also offered to answer any questions regarding the development plan.
    Mayor Hindman closed the public hearing.
    B375-96 was given third reading with the vote recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, HARLINE, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B380-96     Authorizing payment of differential costs for an 8-inch water main to  serve Arcadia
                    Subdivision, Plat 4; and appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck said this ordinance was in accordance with City policy and staff was recommending approval.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B380-96 was given third reading with the vote recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, HARLINE, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

OLD BUSINESS
B374-96     Granting a variance re: sidewalk construction along the west side of  Rollins Court, north
                    of Rollins Road.
    The bill was given second reading by the Clerk.
    Mr. Beck commented that this request had been recommended for approval by the Planning and Zoning Commission on an 8-1 vote.  He said there were no sidewalks in the immediate area.
    Mr. Janku pointed out that there was reference made to the applicant posting a bond until the matter was resolved.  He asked if that meant until the variance was granted or if there would be some sort of bond for future construction.  Mr. Hancock said he believed that meant until the variance was taken care of.
    B374-96 was given third reading with the vote recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, HARLINE, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:
 

B377-96     Appropriating funds for 1997 water and electric capital improvements.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this was an interim financing measure to implement the capital improvement program for the Water and Light Department that was included in last year's budget.  He said they discussed going this route and then following it with a revenue bond issue.  Mr. Beck said this measure would carry us through until we are able to issue revenue bonds next year.
    B377-96 was given third reading with the vote recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, HARLINE, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B379-96     Authorizing an extension of an existing agreement with Union Electric  for power
                    purchase.
    The bill was given second reading by the Clerk.
    Mr. Beck said he thought this was an excellent alternative to the Iatan project.  Negotiated by Mr. Malon, Mr. Beck said it would extend our agreement with Union Electric by four years, from the year 2000 to the year 2004.  He noted that the memo indicated that in the first year they were anticipating saving as much as $1 million.  In initial discussions regarding the Iatan project, Mr. Beck said we would have been required to have a substantial ballot issue to proceed.  He stated this had been a concern to them -- a ballot issue on power supply planning.  This agreement would eliminate that need.
    In addition to the fact that the price is lower, Mr. Malon said an important point is that this agreement retains our stacking order.  He said we are the very first transaction they do above native retail customers or, if there is an interruption, we are the very last to be interrupted.  He said that meant the reliability was much higher because there were no intervening transmission systems involved.  He pointed out that there was flexibility built into this plan so that we could react either way -- if load grows more or less than anticipated, adjustments can be made so as not to have a large investment debt.
    Mr. Harline said this would make a tremendous difference to not only the rate payers, but to the future industrial growth of the City.  He asked about UE believing that since current transaction predates FERC Order 888, this contract extension would be exempt from all the requirements.  He was concerned about the word "believes".  He said if the contract was compared to a similar open access law, this deal might not be so perfect.  Mr. Malon said FERC Order 888 and 889 revolves around open access transmission systems and a company like UE is required to have a marketing function completely separate and "at arms length" from their retail transactions.  He said that did not mean it would be any less firm, but meant there would have to be a computer system where the City would have to schedule all power and reserve UE transmission service on their system.  Mr. Harline asked who would question it if it was not seen as a continuation.  Mr. Malon said FERC would question it.  He said if that were to happen, it would just mean that we were held to the same standards as everyone else.
    B379-96 was given third reading with the vote recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, HARLINE, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B384-96     Amending Ch. 14 regarding the speed limit on Brown Station Road from its intersection
                    with Route B to north of Rutledge Drive.
    The bill was given second reading by the Clerk.
    Mr. Beck pointed that everyone was aware the City was doing some design work to upgrade Brown Station Road.  He said there had been an engineering study done and from the standpoint of traffic speed, Public Works was recommending that the speed limit be reduced from 40 mph to 35 mph.
    Mayor Hindman asked what was meant by 85th percentile speed.  Mr. Patterson said the 85th percentile was a speed at which 85% of the people would travel regardless of what is posted on the road.  He said there are people that would violate the speed limit unless it was signed and enforced.  He said his staff hoped that after the speed limit is reduced and the street is signed properly, this will diminish the potential for accidents and, with the higher volumes of traffic on that street, prevent future accidents from happening when it is used as a detour.
    Mrs. Crockett said anyone that has traveled that road knows it has no curbs or gutters and was very dangerous.  She said she would be thankful to see the speed limit lowered.
    B384-96 was given third reading with the vote recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, HARLINE, HINDMAN, COBLE, JANKU.  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.

B371-96     Approving the final plat of Spencer's Crest, Plat 3.
B372-96     Approving the final plat of Hunt Manor, Plat 1.
B373-96     Approving the final plat of Katy Lake Estates, Plat 2-D.
B376-96     Vacating a waterline easement across Lot 4 of Spencer's Crest, Plat 1.
B378-96     Appropriating funds for power plant landscaping project.
B381-96     Accepting a conveyance; engineer's report; authorizing payment of differential costs for a
                    12-inch water main on Smiley Lane; authorizing payment of differentials costs for an
                     8-inch water main; and appropriating funds.
B382-96     Authorizing Change Order Number 1 and accepting engineer's final report for the South
                    Providence landscaping project.
B383-96     Confirming the contract for sidewalk construction along portions of Providence Road,
                    Arbor Drive, Arbor Court, Woodridge Court and Cedar Lane.
R179-96     Setting a public hearing regarding payment of differential costs for a 12-inch water main
                    serving Corporate Lake, Plat 12.
R180-96     Authorizing the City Manager to make federal fiscal year 1997 certifications and
                    assurances for Federal Transit Administration assistance programs.
R181-96     Authorizing an agreement with KinderCare Learning Centers for child care services.
R182-96     Authorizing agreements with various social service agencies.

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

NEW BUSINESS
R183-96     Authorizing human rights education and outreach program services contracts.
    The resolution was read by the Clerk.
    Mr. Harline asked if the Commission had received more than three requests.
    Stefan Denson, 4100 N. Deerfield, Chair of the Human Rights Commission, said they had received only the three requests.
    Mr. Harline said he was intrigued by the RAIN web page.  He said it seemed like a permanent project.  Mr. Harline was disappointed to see so few applications.  Mr. Denson said the Commission was disappointed also.  He said they received a comment that it fell outside some individual's budgetary time lines, and some thought it was a cumbersome process to fill out the paperwork.  Mr. Harline asked how many pages it was.  Mr. Denson said it was not a thick document at all.  He said essentially they were asking for budget information and the nature of the request.  He said what had confused some, in his opinion, was the notion that projects must support or enhance human rights within the City of Columbia.  Mr. Harline said he thought it was a good program and wished more interest could be generated.  Mr. Denson said approval of the contracts would allow them to connect into something that would be taking place on campus and within the Commission itself.
    Mr. Denson noted that the three requests were from Regional Aids Interfaith Network, the Hillel Foundation Holocaust Memorial Committee, and the Epilepsy Foundation of St. Louis Region Epilepsy Education Organization.
    Mayor Hindman said he thought they were all good projects and suggested as people learn about the availability of funds, there may be more interest in requests of the Commission.
    The vote on R183-96 was recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, HARLINE, HINDMAN, COBLE, JANKU.  VOTING NO: NO ONE.  Resolution declared adopted, reading as follows:

R184-96     Approving the preliminary plat of Glendale Gardens, Phase 5.
    The resolution was read by the Clerk.
    Mr. Beck noted that this was a 27-acre tract of ground and that it had been recommended for approval by the Planning and Zoning Commission.  The plat contains six R-1 lots, nine duplex lots, and one large lot zoned primarily A-1 with some M-C.  He said it had also been recommended for approval by the Planning staff.
    Mr. Janku noted that the easement for the greenbelt was only a conservation easement.  He asked if there had been any discussion of a trail easement.  Mr. Hancock said there was no discussion regarding that between his staff and the subdivider, but he did not know about the Parks and Recreation staff.  Given the fact of the great distance between the easement and the proposed residential development, Mr. Janku thought it seemed to be appropriate.  Mr. Hancock said they were not privy to plans for trails beyond those that they get involved with to write the applications.  Mr. Janku guessed it would not be necessary to have access to these plans, but said it could be an option in the future.  Mayor Hindman said if they gave us a public easement it would give the City the option to do with it what we wanted.  He said the applicants were at a point where they needed to proceed.
    Mr. Harline pointed out that there was no reason why approving this plat would preclude a different type of easement being granted in the future.
    Mr. Janku encouraged discussions with the applicants before the final plat is brought forward regardingt a recreational easement.  He said it seemed this would be an appropriate place for it.   Mr. Kruse agreed.
    The vote on R184-96 was recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, HARLINE, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R185-96     Approving the preliminary plat of Creek Pointe, Phase 1.
    The resolution was read by the Clerk.
    Mayor Hindman said a request had been received asking for this item to be tabled.  There was a discussion as to which meeting it should be tabled to.
    Mr. Campbell made the motion that R185-96 be tabled to the January 21, 1997, meeting.  The motion was seconded by Mr. Harline and approved unanimously by voice vote.

R186-96     Approving the preliminary plat of Stone Ridge Estates, Phase 1, and granting a variance
                    re: cul-de-sacs.
    The resolution was read by the Clerk.
    Mr. Beck noted that this plat had been recommended for denial by the Planning and Zoning Commission as well as by the staff.  Primarily, he said the length of the cul-de-sac exceeded the requirements.
    Mr. Hancock said staff was opposed to this plat because they wanted the street to stub to the adjoining unsubdivided property.  Generally, his department's recommendation was to promote circulation between developing tracts of ground.  He said this particular plat meets all of the requirements of the resolution developed several years ago for extra length cul-de-sacs.  He said they highlighted the pedestrian easement at the end of the cul-de-sac and the 20-foot ingress/egress easement to the lots in the back.  Mr. Hancock stated none of the lots would have access to Strawn Road per the subdivision regulations prohibiting direct access onto that street.  He said he thought the Planning and Zoning Commission had been sympathetic to the notion of stubbing it to the north, but was more opposed to the preliminary plat because they felt it was a better layout if Oak Hill connected with Silvey rather than directly onto TT.
    From what he understood, Mr. Janku said the State Highway Department basically gives the City some discretion in whether or not access can be granted on streets such as this.  Mr. Patterson said in the past six months the State agreed to not issue permits on streets in the city unless they also meet our requirements.  Mr. Janku asked if there were specific guidelines.  Mr. Patterson said the State would require the developer to produce a permit issued by the City before they  would issue one.  Mr. Janku asked Mr. Patterson what his decision was based on.  Mr. Patterson said he was not certain of the strength of the City's legal grounds, but did think it was too close to Silvey.  They thought the Planning Commission was correct in wanting to get the entrance on Silvey instead of Route TT.  Mr. Janku said he strongly agreed with that.
    Mrs. Crockett asked about the minimum width of a subdivision lot.  Mr. Patterson said that would be 60 feet.  Mrs. Crockett asked how many homes could be put on a 750 foot cul-de-sac.  Mr. Hancock said it would depend upon the topography, but probably 20 to 30.  Mrs. Crockett said on this cul-de-sac the applicant was asking for 24 or 25 lots.  Mr. Hancock said the cul-de-sac length issue may have taken a back seat to the two issues of wanting to stub it, regardless of the length of it.  Staff still wanted interconnection between the cul-de-sac and the unsubdivided land to the north, in addition to the issue of trying to get local streets feeding traffic into collectors, and then collectors feeding traffic into the arterials.  In terms of the cul-de-sac length, Mr. Hancock said it meets the requirements laid out in the resolution.
    Mr. Harline asked if they were proposing that lot 24 have access with Strawn Road to TT.  Mr. Hancock replied no, he reported the easement would provide access to all of the lots.
    Mrs. Crockett asked about the distance between the access the applicants want onto Broadway and the one on Silvey.  Mr. Hancock said the dimension on lot 1, the southern lot line, was 172 feet and the northern lot line is 264 feet.  He said the southern lot line might be the best way to look at it in terms of distance between streets.
    Mr. Janku pointed out that another problem would be that of a car pulling out that would have to immediately turn on Silvey to go to the school.  He said the car would have to pull out, start to accelerate, and then stop.  Mr. Hancock said collectors are created for taking traffic out of the neighborhoods to the arterial streets, where a lot of starting and stopping should not occur.
    Mrs. Crockett asked between which lots the staff was proposing the cut to occur.  Mr. Hancock said they were not suggesting where the road might go.  He said he was not an engineer, but felt there was adequate room to do it.
    Mayor Hindman asked about the 20 foot ingress/egress.  Mr. Hancock said that was in order to comply with the requirements for no driveways on arterial streets, which is the case on Strawn and Broadway.  He said another reason was to get some lots back there.
    Mr. Janku asked if in reality it was really a tier lot.  Mr. Hancock said a large portion of frontage is on the street, but access is needed to the back.  Mr. Janku said at access points it appeared to be a tier lot.  Mr. Hancock agreed and said it had a stem.  Mayor Hindman said in a way it would amount to an alley which would not be so bad.  Mr. Janku said another flaw was that all of the pedestrian traffic going to the school would have to go out onto Broadway.
    Mrs. Crockett said she had no problem with the length of the cul-de-sac and the number of homes because there could legally be more units on a 750 foot cul-de-sac.  She agreed with Mr. Janku about the students having to go out onto Broadway rather than Silvey.
    Mayor Hindman said the traffic ought to go to the collector street and the sidewalk should provide the most direct route for students.  He also felt that a stub street should be reflected.
    The vote on R186-96 was recorded as follows:  VOTING YES:  NO ONE.  VOTING NO:  CROCKETT, CAMPBELL, KRUSE, HARLINE, HINDMAN, COBLE, JANKU.  Resolution defeated.

R187-96     Authorizing an agreement with Central Missouri Counties' Human Development
                    Corporation for a loan using HOME funds.
    The resolution was read by the Clerk.
    Mr. Beck explained that this would provide additional funds for the two duplexes being proposed in northeast Columbia.  He said these units were being constructed for use by disabled persons using HOME funds -- federal money administered by the City.  He said it would total $210,450.00.
    The vote on R187-96 was recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, HARLINE, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R188-96     Authorizing a sponsorship agreement with the Missouri Balloon Corporation.
    The resolution was read by the Clerk.
    Mr. Beck explained that this agreement was for next year and it was very similar to what we have had the past two years.  He said the City would be listed as a sponsor in all of the promotional materials distributed around the country.
    Mr. Kruse asked about any surplus revenues.  Mr. Beck thought they cleared approximately $7,000 this year.  Mrs. Crockett explained that after this year, there was talk about doing a three or four day event each year rather than 10 days.  She said it would not be national.  Mr. Kruse said then the funds would be retained in the corporate account for some future balloon event.
    Mr. Beck said that issue had been discussed at the time of the original agreement, and it was decided that we would communicate with the Missouri Balloon Corporation regarding any surplus money.  He said he did not have a report at present as to what they plan to do next.
    Mr. Harline said he had found the first two years of the event to be a very good thing for the community.  He thought seed money for shorter events would be a good way to spend whatever retained earnings might be accumulated.
    The vote on R188-96 was recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, HARLINE, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R189-96     Authorizing an agreement with Boone County Regional Sewer  District  for construction
                    of a drainage ditch on the COLT right-of-way.
    The resolution was read by the Clerk.
    Mr. Beck said drainage problems were causing trouble for the short line railroad.  He said this agreement had been worked out between the Water and Light Department and the Boone County Regional Sewer District.  He said the District would be paying the City about $15,000 to correct the problem and we would be responsible for maintaining the new ditch.  Mrs. Crockett asked about the location.  Mr. Malon explained that it was north of Low Crossing Road and south of Hallsville.
    The vote on R189-96 was recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, HARLINE, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R190-96     Authorizing an agreement with the Boone County Historical Society to  operate a museum.
    The resolution was read by the Clerk.
    Mr. Beck explained that these were the special funds allocated by the Council to continue the upgrading of the buildings in Nifong Park around the Maplewood Home.  He said this agreement would formalize the money budgeted earlier.  He said they were ready to begin work.
    The vote on R190-96 was recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, HARLINE, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R191-96     Authorizing an agreement with the Boone County Historical Society to  provide a
                    caretaker for Nifong Park and the Maplewood Home.
    The resolution was read by the Clerk.
    Mr. Beck explained that the City's caretaker had moved off the property a few years ago.  At that time, the City met with the Historical Society to see if some efficiencies could be gained by having the Society's caretaker take care of the grass and security, etc.  He said the arrangement had been working well for both groups.
    The vote on R191-96 was recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, HARLINE, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R192-96     Authorizing tree inventory grant agreements with the Department of Conservation.
    The resolution was read by the Clerk.
    Mr. Beck explained staff received notification that $6,300 had been approved for the inventory program.  He said there were three areas they planned to concentrate on: The Memorial Heritage Tree Program, the Forum/Providence tree plantings, and trees within Nifong Park.  He said they were trying to set up a computerized program, within the Parks and Recreation Department, that could possibly be used in other areas of the City if this works out to the satisfaction of everyone concerned.
    Mr. Janku encouraged everyone to take advantage of the Heritage Tree Program during the Christmas season.  He said it would be a nice gift to give to someone.
    The vote on R192-96 was recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, HARLINE, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R193-96     Transferring the Bear Creek lagoon property from Public Works to   Parks and Recreation.
    The resolution was read by the Clerk.
    Mr. Beck noted that this property is surplus now to the Public Works Department.  He said it was an approximate 53 acre tract of land and Mr. Beck added that they would like to recycle it for Parks and Recreation purposes.  He said this resolution would formally transfer the property from one department to the other.  The Parks and Recreation Department would take on the responsibility of maintaining the land.  He said the Soccer Club no longer had an interest in the property.  Mr. Beck reported they reserved land for a green belt along Bear Creek and added that they would plan for some of the other open space in the future.  Mayor Hindman understood the new trail would go along the northern part of the property.
    The vote on R193-96 was recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, HARLINE, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R194-96     Authorizing reimbursement to the Water and Light fund for capital expenditures.
    The resolution was read by the Clerk.
    Mr. Beck explained that this was a technical issue in that the City intends to make expenditures which would be reimbursed later from tax exempt bonds.  He said IRS rules require that the City adopt an "Official Intent Resolution" stating our intentions.
    The vote on R194-96 was recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, HARLINE, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R195-96     Authorizing agreements with H.T.E. and International Business Machines Corporation
                    for computer related services and equipment.
    The resolution was read by the Clerk.
    Mr. Beck said this was the new computer hardware/software program that had been discussed with the Council in a work session.  Following that work session, this program had been reviewed by the Council appointed DP Committee and with some minor changes to the proposal, they were recommending approval.  He said the next step would be to enter into an agreement with H.T.E.  He said the City would also enter into an agreement for the financing of the package program with I.B.M.
    Mayor Hindman pointed out that this was a major City expenditure and that it would have a long-term affect on the efficiency of the City.  He said several of the Council members had discussed this with the vendor at the National League of Cities meeting they had just attended.  He said the vendor told them that the research done by City staff had been the most thorough, complete, and the best they had ever experienced.   Mayor Hindman thanked the staff for the diligent work they had done on this project.
    Mr. Janku said the vendor also commented that although the City planned an aggressive implementation schedule, they were confident it could be met.  He said the system would have a variety of benefits to members of the community and that it was not just internal to the staff.
    The vote on R195-96 was recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, HARLINE, HINDMAN, COBLE, JANKU.  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:

B385-96     Approving the final plat of Sidra East Subdivision.
B386-96     Approving a replat of Lot 12123 of The Highlands, Plat 12-A.
B387-96     Approving a replat of Lot 1234 of The Highlands, Plat 12-A.
B388-96     Approving the final plat of Alive In Christ Subdivision.
B389-96     Approving the preliminary residential manufactured home development plan of Richland
                    Heights, Phase 2.
B390-96     Amending Chapter 11 of the City Code regarding smoking in public places.
B391-96     Amending Chapter 13 of the City Code regarding alarm system reporting requirements.
B392-96     Amending Chapter 22 of the City Code to clarify refuse billing rates for apartments.
B393-96     Confirming the contract for improvements to Richardson Street from Ripley Street to
                    William Street.
B394-96     Accepting conveyances for various development projects.
B395-96     Accepting conveyances for water utility purposes.
B396-96     Appropriating funds for repairs to locomotive wheels.
B397-96     Appropriating funds for construction of a drainage ditch on the COLT right of way.
B398-96     Authorizing payment of differential costs for a 12-inch water main serving Corporate Lake,
                    Plat 12, and appropriating funds.
 

REPORTS AND PETITIONS
(A)     Activity Scholarships.
    Mr. Beck said there was a fine program presently in place called RASP, Recreation Activity Support Program.  This program provides scholarships based on income levels.  Those who qualify are able to participate in the City's camp or aquatic programs.  He said the report indicated that if a special committee was appointed to oversee the program, they could also pursue more funding for the already established scholarship program with some possible modifications.  Mr. Beck said if the Council concurs that the staff should explore the possibility of forming a committee with representation from the various programs involved, that this suggestion be referred to the Parks and Recreation Commission for their recommendation on establishing a committee to pursue fund-raising for the scholarship program.
    Mayor Hindman said it had been his experience and opinion that this was a good program and was serving quite a few people, but that it was not well-known in the community.  He thought the idea of forming this commission was a good one as was the idea of possibly raising funds if we have more applications.  Mayor Hindman thought an important part of what needs to be done was to make the community aware of these opportunities.  He thought it should possibly be broader based than it is now as far as the recreational scholarships that would be available.
    Mr. Beck pointed out that currently this program was being solely funded by the City.  He thought it could possibly be expanded if they could get some support from other organizations within the community.  Mayor Hindman said he would support even more funding of the program from general revenue funds if people knew about it.  He said every kid should be able to participate in these programs regardless of financial circumstances.
    Mr. Janku agreed.  He said there were other barriers to participation besides just the funding.  As the report indicates, existing funds have been utilized but not to their fullest extent.  He thought they should look at locations of programs because as the City grows, it will be increasingly difficult to provide transportation to some of the activities if they are all located in one area.  He said they may want to develop some of the other parks, for example Indian Hills, into areas where a portion of the league games can take place closer to where some of the participants live.
    Mr. Harline thought they should explore the possibility of a sliding scale, not just whether or not a grant should be given.
    Mayor Hindman said one of the advantages to the way the program presently operates is that when somebody comes in and states the need for assistance, they automatically get it.  He said this eliminates some of the reluctance to admit the need for it.  Mayor Hindman said it should be the City's overall goal that everyone can participate in our recreation programs.
    Mayor Hindman made the motion that they refer the report to the Parks and Recreation Commission for their review and recommendation.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

(B)     Historic Preservation Exploratory Committee.
    Mr. Beck noted that the Committee had completed their assignment in accordance with Council directives.  He said they were now suggesting that they be authorized to conduct a public hearing to get some feedback from the community.
    Debbie Sheals, Chairperson of the Historic Preservation Exploratory Committee, offered to answer any questions.  She said they would definitely like to hold a public hearing and solicit comments from the public.  Mr. Kruse asked if the public hearing and comments would be heard before they drafted the ordinance.  Ms. Sheals replied they would and added that they have gone as far as they wanted to go with the ordinance before obtaining comments from the public.  They understood the ordinance would probably need to be referred to the Law Department.
    Mr. Harline said he thought the group had done an excellent job in a short period of time.
 There was a discussion about when the ordinance would go to the Planning and Zoning Commission for their recommendation.  It was decided that it would be sent after the public hearing and the report to the Council.
    Mayor Hindman noted that they had also asked for the opportunity to make a slide presentation to the Council at a work session.  He said he felt the slide presentation should be given at the public hearing and determine at a later time whether they could fit it in to a work session.  Mayor Hindman stated the Council would like to see it.
    Mr. Kruse said he thought Ms. Sheals' leadership and the work of the Committee had been excellent.
    Ms. Coble made the motion that the Committee be authorized and encouraged to hold a public hearing and report back to the Council.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

(C)     Intra-Departmental Transfer of Funds Requests.
    Mr. Beck noted that this was done in accordance with the City Charter wherein the Manager is required to submit to the Council an indication of any transfer of funds within the City departments.  He said this was more or less a year end transfer.  He said there was no Council action required and then offered to answer any questions.

(D)     Amendment to the Zoning Ordinance regarding Religions.
    Mr. Beck explained that the Planning and Zoning Commission was recommending that the definition of religions be expanded.  He said this would require a change to the zoning ordinance.  He said the Commission was seeking Council direction as to whether or not to proceed.
    Ms. Coble said she had met yesterday with members at the Islamic Center and this had been one of the priority measures for that community.  She said they would like to have inclusive language that is specific to the religious traditions throughout the City.  She said just the addition of the word "mosques" to churches and synagogues would have great meaning.
    Mayor Hindman said he wondered if they should consider adding the word "temple".  Mr. Kruse asked if there could be a generic term.  Mr. Campbell said the report suggested that it be "religious institutions".  Mayor Hindman said that might allow for the inclusion of other things.  Mr. Janku suggested "places of worship".  Mr. Janku agreed that it should be inclusive, but wondered if they should try to include everyplace where worship is conducted, or if a generic term should be used.  Ms. Coble assumed that most groups would be recognized if they identified places of worship as a church, synagogue, or mosque.
    Mr. Beck pointed our that by changing the definition a lot of uses of property in the City could be changed.  He said he thought there was some benefit in having the definition be specific as to what the Council intends to have happen.
    Mr. Harline said Mr. Beck made a good point because of the constitutional protections for churches, synagogues, mosques, and etc.
    Mr. Campbell said in the past there have been people who have declared their homes to be religious institutions for tax purposes as well as other purposes.  He thought this was something that would have to be closely examined by the Commission and others as it moves forward.
    Mr. Janku made a motion that the issue be referred to the Planning and Zoning Commission for a public hearing and report back to the Council.  The motion was seconded by Mr. Harline and approved unanimously by voice vote.

(E)     Conley Road - Petition for Tax Bill Street Improvements.
    Mr. Beck explained that this was a request by two of the property owners to bring a street up to improved street standards.  He said he looked at the dollar amount and the length of the road and suggested that the Council carefully examine the request when it comes back from Public Works to see exactly what participation and priority this has.  He said this is a dead-end road.
    Mr. Janku asked if there was a long-term plan to take it across Hinkson Creek to join up with the Business Loop.  Mr. Beck said he did not think that was on our plan.  Mr. Patterson pointed out that this was the section of Conley by the hotel and service station that dead-ends at I-70.  He said there was really no place for it to go.  He said the section Mr. Janku was referring to was on the other side of 63.
    Mr. Harline made the motion that staff be directed to bring back a resolution and information for a public hearing so the Council could decide whether to proceed.  The motion was seconded by Mr. Campbell and approved unanimously by voice vote.

(F)     Dangerous Buildings - 1501/1503 West Worley.
    Mr. Janku said he brought this property up originally due to a complaint by a citizen in the neighborhood.  He said a building like this does degrade a neighborhood over a period of time and he appreciated the efforts of the staff in trying to get the owner to take care of the problem.  He said it was unfortunate that the owner, who lives out of state, has not responded.  He said at the appropriate time he would ask that bids be taken to demolish the structure.  Mr. Janku said he was concerned about the amount of staff time that had been put in by the Public Works staff.  He asked if there was any to recover the staff time devoted to items such as this.  Mr. Beck said he thought maybe the City could charge a reasonable administrative cost.  Mr. Boeckmann said he was not sure if the ordinance currently authorized that.  He said he would look into it and if it did not, he supposed it could be amended.  Mr. Janku asked what would happen if, at this point, the owner steps forward after we have gone through all of the correct procedures and undertakes the demolition themselves.  He wondered if there would be any possibility of the City recovering that cost.  He thought at some point we should be able to say that there had been a finding that the building had not been maintained, and we could recover our costs in case the owner waits until the last minute to take action.  Mr. Beck said the ordinance would have to be changed in order to cover that particular aspect.  Mr. Boeckmann said Mr. Janku just described a similar situation that has been experienced by various City departments in the past where the cost has never been recovered.
    Mr. Janku made the motion that the staff be authorized to solicit bids for the demolition of the structure at 1501/1503 W. Worley.  The motion was seconded by Mr. Harline and approved unanimously by voice vote.

(G)     Board of Health Report on Tattoo Parlors.
    Mr. Beck noted that this report was sent directly to the Council from the Board of Health.  Mr. Beck understood there was staff support to proceed.
    Mr. Sanford explained that representatives of the Board of Health had met with the Council at a pre-Council dinner meeting about a year ago and mentioned this as something they wanted to look into.  The Council authorized the Board's interest in tattoo regulation at that time and, subsequently, ordinances from other communities were examined and a couple of public hearings had been held on the issue.  He said the local tattoo industry was in support of this regulation.  He did not expect it to be controversial.
    Mr. Janku made the motion that the appropriate legislation be drafted and brought back to the Council.  The motion was seconded by Mr. Campbell and approved unanimously by voice vote.

(H)     Board of Health Report on START Program.
    Mr. Beck explained this was a program that was being presented to the United Way, the County Commission, and the City of Columbia for funding.  It was his understanding that the United Way, to date, had been supportive of the program provided the City and County governments support it.   He assumed the County was considering this as part of their annual budget as to whether or not to go forward with it.  He said the City's cost was estimated at about $6,500.  He noted that amount was not included in the annual budget because it had not been requested at that time.  He said the question was whether or not we should go forth with the program and look at some type of staff report as to how we would fund our portion, possibly after speaking with the County Commission.  Mr. Beck stated we would have to look to contingency funds or some other funds to come up with the $6,500 match.
    Mr. Janku thought the City should at least make our interest of support known so that the Commission could consider their portion along with their budget deliberations.
 Mayor Hindman thought it sounded like a very good program and thought the Council should support it.
    Ms. Coble said one of the objectives of this program is to preserve the evidence that is needed to have successful prosecution.  She said this was a national model that has been used to great success in other communities with the use of nurse practitioners and a team approach had proven to be successful.  In the information presented to the Council, she said they were provided with materials from the grant proposal that had been submitted to the Department of Public Safety to their Stop Violence Against Women Grant Program.  She said those award notices would be made this Wednesday and that would give the Council a better indication of the total funds needed to support the program.  She thought it would be beneficial if the Council had an exact breakdown of what the $6,000 portion requested of the City would be used for.  She said the budget materials contained in this particular report dealt with what was requested of the Department of Public Safety.  Ms. Coble wanted to know what percentage of the total project City funds would be used for.
    Mr. Campbell made the motion that the Council pass a motion of intent based upon additional information, including the budget specifics requested by Ms. Coble, assuming the other groups would be supportive of the project.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. Harline thought it sounded like a worthwhile expenditure of a small amount of money for a very important project, but said it did not sound like something that was just a one-time expenditure.  He thought staff should indicate whether or not this was a Health Department budget item or something that would be budgeted under Community Services.
     Ms. Coble said this was a program that fits very well in the program designs for two different funding streams within the Department of Public Safety.  She said they were both receiving $2 million in additional funds in the coming fiscal year.   She said it was also something that qualifies for another funding program that is in the Department of Social Services.  With recent changes in the federal budget through the Violence Against Women Act, Ms. Coble said there would be an additional increase of $1.6 million in that particular fund.  She said the City would be well-served to establish such a program and to provide funding for it so it could expand through additional state level and federal funding sources.  She agreed that it did not make sense to do this on a one-year basis.

(I)     Route AC Report.
    Mr. Beck explained that MoDOT was requesting that the Council recommend eight citizens to serve on a formal citizen advisory committee.  He said they discussed this earlier and the Council had been interested in having citizen input and involvement in the design of Route AC.  He said the request had been taken up with the resident engineer and a letter was written.  A copy of the response from the District Highway Engineer was included with the report.  Mr. Beck explained the second aspect of the report indicated that the State was requesting that the City give an indication, if at all possible before the end of this calendar year, as to it's willingness to accept the responsibility for old Route AC once the new road construction has been completed.  He pointed out that it was standard operating procedure for the Highway Department throughout the state, not just in Columbia.  Mr. Beck said he  spoke with them briefly about the condition the road would be left in prior to our accepting responsibility.  If the Council authorized it, a letter could be drafted stating that the City would work with them to see what improvements, if any, would be necessary in the interim time from now until the time the new highway is built.  Regarding the citizen's committee involvement, Mr. Beck said the next step on Route AC would involve the District Office submitting a report to the Central Office, which would go to the Highway Commission as it relates to the location for the AC corridor.  He said what the City is proposing to submit was in accordance with the Council's recommendation and suggestion to the Highway Commission that it be on the Grindstone alignment.  A report will be submitted at the Commission meeting in January and, if at all possible, Mr. Beck said they would like to have the City's willingness to accept the responsibility of the old road way.  At that meeting in January, staff anticipated the Commission's approval of the corridor for Route AC and the Grindstone alignment.  He said once that occurs, the District Office would begin design work for Route AC.  Mr. Beck stated a committee had been set-up in the District Office and Mr. Patterson would be the staff's official designated person to sit on that committee.  In addition, he said they were proposing a citizen committee of eight to work with them on the design.  They would like three people to represent residential concerns, three to represent commercial concerns in the area, and two to represent the community as a whole.
    Mr. Kruse agreed with Mr. Beck's comments about the arrangements for accepting responsibility for AC and said they should communicate that to them.  Mr. Kruse also agreed on something that was discussed at the pre-Council dinner, which included whatever the State wanted to do to help out in terms of the maintenance condition of the road when we accept it.  He said whatever they could do would be much appreciated.  Mr. Kruse said he was extremely delighted with the State's positive position regarding the recommendation that there be a citizen advisory committee.  He said he was sure the rest of the Council felt the same way.  Mr. Kruse felt like we were at the dawning of a new age with the Missouri Department of Transportation.  He said this was an opportunity for Columbia, once again, to provide a model for good community design in working with a State agency to enhance the quality of life in our town.  He said he submitted a potential list of people who might be considered for this committee, but thought perhaps it should be advertised.
    Mr. Beck pointed out that they would like to have the committee in place by the end of January.
    Mr. Harline made the motion that the staff be directed to write a letter to MoDOT informing them of the Council's recommendations on the Advisory Committee appointments and about the City's willingness to accept possession of old AC.  The motion was seconded by Mr. Kruse and approved unanimously by voice vote.

(J)     Rural Water District Number 2 Litigation.
    Mr. Beck explained that Rural Water District Number 2 had initiated litigation against the City of Columbia relating to our continued policy of providing water in new subdivisions inside the territorial area of the Water District.  He said the District was taking a position against this policy and have asked in their petition that the City turn over to them the customers we have been serving in Garden City and Evergreen Acres. Approximately 120 customers would be placed on the Rural District water system rather than continuing on the City's system.  Mr. Beck felt that the customers should be notified in advance to inform them of the possible consequences of the litigation.  He also proposed that the City try to negotiate a way out of the litigation.  He said agreements had been worked out with other districts and he would like to see one worked out with District Number 2.  Mr. Beck suggested that staff be directed to work with our attorneys in formulating a proposal to Water District Number 2.  He said they would try to come up with some type of settlement which would ensure adequate fire flows for the City residents in this District.
    Being one of the Council members several years ago that helped initiate the process of trying to get agreements worked out with the various water districts, Mr. Campbell felt it was very important to continue that process, and wherever possible, get territorial agreements worked out that would be beneficial to everyone concerned.
    Mr. Campbell made the motion that the staff be authorized to communicate with City customers in Rural Water District Number 2 to inform them of the possible consequences, and further that the staff be directed to send a formal proposal to Rural Water District Number 2.  The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.

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

BUILDING CONSTRUCTION CODES COMMISSION
Fergus, David W., 1209 Jake Lane, Ward 4 - term to expire 8/1/98

CULTURAL AFFAIRS COMMISSION
Neal, Christine C., 2801 W. Broadway, Ward 2 - term to expire 4/1/99

ENERGY & ENVIRONMENT COMMISSION
Ruggiero, Frank X., 1000 Sycamore Lane, Ward 5 - term to expire 6/1/98

POLICE RETIREMENT BOARD
Harper, Milt E., 1004 LaGrange Court, Ward 5 - term to expire 12/31/98

SPECIAL BUSINESS DISTRICT BOARD OF DIRECTORS
Fagan, Arnold l., 210 Waugh, Ward 1 - term to expire 1/1/00
Grossmann, Jan, R., 3205 Westcreek Circle, Ward 5 - term to expire 1/1/00
Mendenhall, Thomas C., 2009 Woodhollow Drive, Ward 5 - term to expire 1/1/00

TREE PLAN TASK FORCE
Burkett, Thomas A., 1117 Elsdon Drive, Ward 5 - sig. exp.
Logan, Donald G., 4105 Derby Ridge, Ward 2
Ruggiero, Frank, X., 1000 Sycamore, Ward 5
Starbuck, Christopher, 3606 Evergreen, Ward 3
Walters, Robert L., 2704 Vail Drive, Ward 5 - business owner
Wiedmeyer, Raymond H., 304 S. Garth, Ward 4

    There was a discussion about liaisons from various Boards and Commissions being appointed to this Task Force.  It was decided it would be best to invite these Boards and Commissions to send a representative if they wish, but not make it mandatory.
 

COMMENTS OF COUNCIL, STAFF AND PUBLIC
    Mr. Harline announced that he would not be seeking re-election in April.  He urged the Council to continue their encouragement of neighborhoods and neighborhood planning.  He thanked the Mayor, Council, and former Council members for allowing him to share in the progress.  He also thanked Mr. Beck and the staff for their efforts and ideas, his friends and family for their support, and his constituents for the honor and opportunity to serve.
    Paul Albert, 2703 Parker, talked about the City Manager form of government.  He also talked about energy saving ideas for home owners.
    Henry Lane, 1816 E. Broadway, spoke about B392-96, a bill introduced this evening regarding refuse charges for apartments with more than four units.  He said the bill was attempting to legalize, at $8.65, the monthly refuse rate for people who are now authorized by ordinance to pay $7.90.  Mr. Lane asked the Council to consider his particular situation in that he is a single person living alone and did not have much refuse.  He said he tries to take it out each day and normally uses a plastic bag that he has gotten with his groceries.  He said he did not need the City bags.  He said this was apparently a landlord supported proposition and wondered why they would need this particular amendment passed.
    The meeting adjourned at 9:45 p.m.

                                                                                     Respectfully submitted,

                                                                                     Penny St. Romaine
                                                                                     City Clerk