M I N U T E S
 CITY COUNCIL MEETING - COLUMBIA, MISSOURI
 OCTOBER 21, 1996

INTRODUCTORY
    The City Council of the City of Columbia, Missouri, met for a regular meeting at 7:00 p.m., on Monday, October 21, 1996, in the Council Chamber of the City of Columbia, Missouri.  The roll was taken with the following results:  Council Members HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, and KRUSE were present.

APPROVAL OF MINUTES
    The minutes of the regular meeting of October 7, 1996, were approved unanimously by voice vote on a motion made by Ms. Coble and a second by Mr. Kruse.

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mayor Hindman noted that B329-96 would be added to New Business for introduction.
    Upon her request, Mr. Campbell made the motion to allow Mrs. Crockett to abstain from voting on B311-96 and B315-96.  The motion was seconded by Mr. Kruse and approved unanimously by voice vote.
    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. Harline.

SPECIAL ITEMS
    None.

SCHEDULED PUBLIC COMMENTS
1.      PAT WEYAND - SMITHTON VALLEY NEIGHBORHOOD
    Ms. Weyand said that she was a board member of the Smithton Neighborhood Association.  Approximately three dozen people stood in support of the neighborhood and in support of what Ms. Coble was trying to get done regarding landlords and the actions of their tenants.  She described an incident which occurred in early September where bullets had gone through an elderly resident's window.  She said the woman had luckily not been killed in her bed.  She said people would not testify against the culprits so charges had been dropped.  She said there were similar things happening in other areas of their neighborhood and some of the residents felt that they were being held hostage in their own homes.  She thanked Mr. Kruse for the screening ordinance and said it was too bad it couldn't be grandfathered to include everything, not just new construction.  She said they had severe problems with rental properties in their area.
    Ms. Coble said that they were waiting on a report from the staff to apprise them of what was available to them to deal with issues of repeat criminal activity that takes place in rental housing and has an affect on the neighborhood.  She said they needed to make sure that the entire City becomes committed to making all of Columbia a healthy place to live.  She said Columbia had just been ranked the fourth healthiest place to live and they needed to make sure that applied to all neighborhoods.  She said they weren't talking solely about "crack houses", but about all manner of problems that deal with crime and the devaluing of our neighborhoods.  She said she didn't have the expectation that one ordinance would deal with the problems they are experiencing.  She said it probably would take several years of approaches to deal with the issues they face in certain parts of the City and to make sure that they address all of the issues.  She said one avenue might be to look at what additional ordinances could be done and perhaps look at additional community policing options.  She said Smithton Valley, North Central, and the Frederick Douglass Neighborhood Associations should be commended for the development of crime watches and different types of community and neighborhood based efforts.
    Mr. Campbell commented that he was very pleased to see the neighborhoods become more active all over the City.  He said it was a very healthy thing and encouraged everyone to pursue it because of its importance.

PUBLIC HEARINGS
B261-96A     AMENDING CH. 29 RE: REZONING NOTIFICATION FOR TENANTS.
    The bill was read by the Clerk.
    Mayor Hindman made the motion that B261-96A be further amended per the amendment sheet.  The motion was seconded by Mr. Janku.
    Mayor Hindman explained that this amendment called for a large sign with a box for notices to be put inside so that people could take one.
    Mr. Campbell said he thought this amendment was an improvement over what had been done.
    The motion made by Mayor Hindman, seconded by Mr. Janku, was approved unanimously by voice vote.
    Mayor Hindman opened the public hearing.
    Steve Wendling, 3703 Watts Drive, said he thought the amendment was an improvement over what had been discussed previously, but still didn't think it was the answer.  He said he felt that tenants were already getting ample notification from the newspaper.  Mr. Wendling said he thought the larger sign was a good idea and that it should be implemented for all rezonings.  He said tenants didn't have a vested interest in the property, but they did have a lease which generally defines the terms and conditions of the amount of time they will stay there.  He said at that time they could move or extend their lease.  He said in the case of a mobile home court there could be a double lease situation where people are renting a space which was also being rented.  He asked in that instance if the lease holder of the mobile home court would be notified or the owner of the mobile home on the lot or the tenant of the mobile home.  Mayor Hindman said as he read it they would only send notices to the address.  Mr. Wendling asked that if the ordinance were to be implemented that it be done on a trial basis to see if it was going to work.
    Keith Overton, 1000 Clayton Street, said he was in support of the status quo, except in situations of large apartment complexes.  Mayor Hindman noted that the amendment did not call for notifying people within 185 feet.  He said they would be notifying the tenants on the property to be rezoned.
    John Clark, 2000 Allen Lane, said the notion that tenants have no vested interest in the property was a bunch of nonsense.  He suggested that they go beyond the sign and just notifying people that live in the house.  He said that he would notify the people in the neighborhood not by name but just by address.
    Jan Pritchard, 3505 Rock Quarry Road, said of the rental properties in their neighborhood there were many absentee landlords.  She said she thought they needed to reconsider notifying neighboring tenants as well.  She said an absentee landlord wouldn't be aware of the neighborhood ramifications of rezoning in the area.  She said by notifying neighboring tenants as well they may be protecting some of the rights of absentee landlords because their tenants are the one's living in the area and the landlord who receives the notice may or may not be particularly interested in it.  She said the tenants may be able to represent his interests, as residents of the neighborhood, better than the landlord could in some cases.  She said she was in favor of as broad a notification as possible.  She said she thought tenants did have an interest, not only when they are in the position of losing a home, but also when talking about neighborhood interests.
    Mr. Janku pointed out that we notify neighborhood associations of rezonings which he said could include both tenants and landowners.  Ms. Pritchard said if they had a good record of who is living in what house from year to year they would have it, but most of the associations only have listings of owners.  She wasn't sure neighborhood associations were the best vehicle to reach the tenants.  She thought the landlord was probably better.
    Mayor Hindman closed the public hearing.
    Mayor Hindman said he agreed that all people should be treated alike as much as possible yet there were distinctions that had to be drawn depending upon practicality situations.  He said reaching the tenants created a significant risk to the applicant.  He felt that improving the signs and putting up the boxes would peak enough curiosity that people would pick up the notices to find out what was going on in their neighborhood.
    Mr. Campbell said he remained firmly committed to the idea that they should get maximum information to the maximum number of people regardless of economic status or any other qualifications.  He commented that the "take one" boxes are often empty and unless the staff goes back often to fill them up, we wouldn't have adequate information provided that way.  He said they had passed an amendment last time and was confused with this amendment as to what they were actually voting on.
    Mr. Boeckmann explained that the amendment sheet voted on earlier this evening superseded the last one basically.
    Mr. Harline asked about the effective date.  Mr. Boeckmann explained that it would go into effect, if passed, July 1, 1997.  When thinking about the placement of a sign with a box where people would walk up and take out a notice about the proposed rezoning, he said places like Ash and Stadium where there was a recent rezoning would be a difficult place to walk to pick up a notice.  He said people would be crossing a busy street with no sidewalk in places.  He said he could imagine places where it would be more difficult to walk to.
    Mrs. Crockett said she was holding out for the rights of the property owner.  She said she was in agreement with the larger signs and the "take one" boxes.
    B261-96A, as amended, was read with the vote recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B287-96     AUTHORIZING FORCE ACCOUNT LABOR FOR CONSTRUCTION OF THE BEAR   CREEK
                    TRAIL, PHASE 1; AND CALLING FOR BIDS FOR A PEDESTRIAN    BRIDGE FOR THE
                    PROJECT.
    The bill was given second reading by the Clerk.
    Mayor Hindman read the following statement:

    Mr. Patterson explained that the Bear Creek Phase I project is the construction of a pedestrian and bicycle trail extending a distance of approximately one mile from Garth Avenue to Creasy Spring Road.  The exhibits showing the length of the project and location are shown both on the overhead and on the poster board.  He said it depicts the alignment that has been selected in red.  The purpose of the project is to provide alternative transportation opportunities and urban recreation alternatives in northern Columbia.  The project will generally consist of a ten-foot wide gravel-surfaced path and will utilize access roads along the south side of the former Bear Creek lagoons near Garth Avenue.  At the east end near Garth Avenue a 20-space parking lot will be constructed and will have access directly from Garth Avenue.  Just west of the Bear Creek lagoons the trail will cross the creek with approximately 110 foot long prefabricated bridge.  The trail will then generally follow the path of the Bear Creek outfall sanitary sewer in order to reduce the need for removing trees along the trail.  Toward the west end, the trail will go along the side of a bluff and approximately 275 feet of boardwalk would be constructed along the bluff.  This phase of the trail then would terminate at Creasy Springs Road and both the bridge and boardwalk will be constructed to eight feet in width and will be limited to pedestrian and bicycle activities.  The total cost of the project was estimated to be $117,000 with approximately $65,500 of it coming from the Missouri Department of Transportation Enhancement grant and the balance from local funds.  The prefabricated bridge would be purchased through competitive bids and would be installed by force account labor by the Parks and Recreation Department.  The Parks and Recreation Department is also intending to construct the remainder of the trail as well as the boardwalk with force account labor.  The eastern one-half of the project is along city-owned property and no right of way will be required.  The western portion from the bridge crossing to Creasy Springs Road is under single ownership and easement rights or a fee simple title will be needed in order to construct the trail.  Contact has been made with the property owner and he was advised of the public hearing tonight.  There will be no businesses or persons displaced by the improvements and no relocations will be necessary.  All applicable federal guidelines will be followed in conjunction with the acquisition of these easements or fee simple rights.  The project was designed by Shafer, Kline and Warren, a consulting firm in Kansas City.  He said they looked at several alternate alignments prior to choosing the one being presented this evening.  The actual bridge location selected was to prevent the destruction of several large sycamore trees, to provide ample passage of the requisite flood event on Bear Creek, and to retain access to the Bear Creek outfall sanitary sewer.  Although a preliminary alignment had shown the path meandering in general proximity to Bear Creek, it was felt a course generally following the sanitary sewer alignment would dramatically reduce the removal of trees and other vegetation.  Accordingly, the section between the bridge over Bear Creek and the boardwalk follows along the sanitary sewer outfall alignment.  He said they thought the boardwalk along the major bluff would have a major impact on the trail and would be constructed with minimal damage to trees and vegetation along the section.  Because of access limitations, he said most of the boardwalk would have to be constructed by hand.  The west end of the trail ties in currently with the sidewalk on the east side of Creasy Springs Road.  A determination will be made in conjunction with the construction of Bear Creek Trail Phase II whether an at garde surface crossing of Creasy Springs Road will be formalized or whether there is an opportunity to construct the trail beneath the Creasy Springs Road bridge over Bear Creek.  A Phase I archeological study was performed for this project.  Two sites were once again noted after originally being identified with the construction of the Bear Creek outfall sewer.  The trail has been designed to avoid these sites and no further archeological work is necessary as a result.  The trail is in accordance with the Parks and Recreation Master Plan and Open Space Study of September 1994.  The Bear Creek Trail Phase I project, when combined with Phase II, will provide linkage between the city-owned property at Garth Avenue and the Cosmo Recreation Area.  Ultimately future plans will allow for additional construction to the east and linkage with Oakland Park.  As indicated, Mr. Patterson said the City was required to prepare a verbatim transcript of tonight's proceedings and will receive written statements for a period of ten days following the close of this hearing.  That transcript will then be sent to the Missouri Department of Transportation and we will be requesting project approval.  If after receiving the public comment tonight the Council wishes to proceed with the project two actions would be necessary; there should be a motion made directing staff to proceed with final plans and specifications and the ordinance authorizing the force account labor and the bidding of the project should be approved.
    Regarding the boardwalk, Mr. Campbell asked at what level it would be built.  He asked if it was above the flood plain or if it was in it.  Mr. Patterson said it would be out of the floodway, and it had to be above it.
    Mariel Stephenson, 2111 Rock Quarry Road, said she was currently the vice-president of the Columbia Greenbelt Coalition of Mid-Missouri.  She said they were all very excited about this and she personally said she was thrilled to see the marvelous art work that has come out of it as well as the effort to preserve the existing topography and the existing trees.  She said they were particularly pleased that this project is essentially on City land and that the necessary work was being done to collaborate with the private land owners.  Although they agree with Parks and Recreation that it would be marvelous to have a trail that circumnavigates the City, she said they do realize that some of the land may be undevelopable or untrailable for whatever reason.  To see this developing she said was extremely exciting for the north side and that it had been one of their aims to begin with to get the type of amenity the south side has in the MKT Trail up to the north side as part of the greenbelt.  She said the Greenbelt Coalition was also delighted that the City was utilizing outside funding and other types of grants.  She didn't think the City could do it without outside help.  She hoped that Phases II and III would go as cleanly and happily as this one appeared so far to be going. She said the use of the different surfaces was exciting, the use of the bluff, and the avoidance of the flood plain were all features that are important in terms of the disturbance of the property and of the land.  She said that is one of the things the Greenbelt Coalition has been trying to do to remain and retain the existing topography if at all possible so that the use of the sewer line as opposed to trying to go around the creek was wonderful.  She thanked the Council for their dedication toward this.  On behalf of the Greenbelt Coalition, Ms. Stephenson offered to help in any way they could.
    Waldo Palmer, 414 Alexander, asked what the term "force account labor" meant.  Mayor Hindman explained that meant City employees would be performing the work.  Mr. Palmer said with all of the paving going on he thought the water coming down Bear Creek would increase by at least one-third in the next few years.  He said the bridge would have to come up a ways and not a low water crossing.  He said a little bridge wouldn't carry the water.  He asked if there would be some access over to Proctor Park.  Mayor Hindman told Mr. Palmer that was not a part of the plan at the moment.  Mr. Palmer asked why it wasn't.  Mr. Janku said it had been indicated that this would be done in phases and that maybe eventually it would be.  Mr. Palmer asked why they didn't do it now.  Mr. Janku said they would be glad to speed it up.  Mr. Palmer said it should be taken care of during the development stage.  Mayor Hindman said his point had merit; however, the project approved for funding by the Transportation Department was the plan being displayed.  He said because we were using STP funding that was what we had to do.  Mr. Palmer said he understood Mr. Patterson to say that any additional suggestions should be made for consideration.  Mayor Hindman said that was correct and it would be made part of the record.  Mr. Kruse said he thought it was a great idea and thought they should pursue it as soon as possible.  Mr. Campbell said they had discussed this earlier and the Council had agreed that this was something they should pursue.
    Mayor Hindman closed the public hearing.
    At the dedication Saturday at the Nature Area off Forum there was mention of the 1935 plan that originally suggested this type of approach for the community.  He thought it was great they were moving forward with it.  He said it was a beautiful area and this was a great opportunity to open it up to the general public.  He said a debt of gratitude was owed to the members of the Greenbelt Coalition who really kind of reawakened the community to that dream of 1935.  He also said they needed to thank the staff because obtaining this grant had its rough spots for awhile and there had been a lot of uncertainty about whether or not we would get the money.  He said it took some extra effort to get it for the City.  Mr. Janku said he was looking forward to the completion of the work.
    Mr. Harline said that Mr. Palmer had made an excellent point that the long range goal of this was to hook into a lot of trails.  On the east side of the City he said he was looking forward to the chance of hooking Rock Hill Park in with the trail that the University and City are building out to the east to the Grindstone Nature Area.  He said they also couldn't ask for too much at one time or they may get nothing.  He said they also have to plan each stage carefully.
    Mayor Hindman said he was very excited about getting a trail in the north part of town and it was a really good thing to do.  He believed they had learned over the years was to first get started and then keep going in order to get the other things needed.  He was convinced this would be very popular and people would really use it.
    Mr. Beck noted that his office had been supportive of this and had included it in the budget.  He said there was a master plan in place adopted by the Council and this was implementing a part of that overall plan.  He said money had been budgeted for the next phase.
Mr. Janku made the motion that the staff be directed to proceed with final plans and specifications.  The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    B287-96 was given third reading with the vote recorded as follows;  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B317-96     AUTHORIZING PAYMENT OF DIFFERENTIAL WATER MAIN COSTS FOR AN 8-  INCH
                    WATER MAIN TO SERVE BEDFORD WALK, PLAT 6.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this ordinance was in accordance with City policy for paying for the extra diameter of water lines over and above what is needed by the subdividers.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B317-96 was given third reading with the vote recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

R146-96     AUTHORIZING AN AMENDMENT TO THE CONSOLIDATED PLAN AND USE OF   HOME
                    FUNDS IN FY97 AND FY98.
    The resolution was read by the Clerk.
    Mr. Beck said since the Council had talked about this earlier Mr. Hancock had been in touch with HUD and they had suggested that we have this additional public hearing as a part of the overall process.  He reminded the Council what they had discussed committing to was the use of 1997 and 1998 HOME money.   He said the staff felt they were ready for the public hearing and added that it would be followed by some additional actions on the part of the staff.
    Mayor Hindman opened the public hearing.
    Craig VanMatre, an attorney with offices at 1103 E. Broadway, offered to answer any questions.  He said they felt this was a good program and a good expenditure of money.  He complimented Mr. Hancock on a substantial amount of complex and intensive time spent on it.
    Mayor Hindman closed the public hearing.
    The vote on R146-96 was recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

OLD BUSINESS
B295-96     AMENDING CH. 15 RE: WARRANT COSTS.
    The bill was read by the Clerk.
    Mr. Beck said at the last meeting the Council had asked for additional information that would tie the proposed change to cost.  He said some of the concern for not going with a higher number was to try to assure they would be able to collect the amount from those that may have problems paying a fine in the first place.  He said this was sort of a compromise between what could possibly be a $50 approach versus a lesser amount.  He said they wanted to keep the amount affordable.
    B295-96 was read with the vote recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B307-96     APPROVING RIGHT OF USE PERMIT FOR ROYAL HERITAGE DRIVE RIGHT   OF WAY.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this request was in accordance with policy and standards set up by the Council.
    B307-96 was given third reading with the vote recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B308-96     AMENDING CH. 14 OF THE CITY CODE RE: PARKING ON BERRYWOOD   DRIVE.
    The bill was given second reading by the Clerk.
    Mr. Beck commented that the Council had discussed this earlier and would take parking off the south side between 7:30 a.m. and 6:00 p.m., except on Sundays.  He said the property owners were aware of the request.
    B308-96 was given third reading with the vote recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B309-96     AUTHORIZING AN AGREEMENT WITH SHAFER, KLINE & WARREN FOR   DESIGN OF
                    THE BEAR CREEK TRAIL PHASE 2 PROJECT.
    The bill was given second reading by the Clerk.
    As indicated earlier, Mr. Beck said they had a plan they were following relating to the Bear Creek Trail.  He said this would get them started on Phase II which would be between Creasy Springs Road and Cosmo Park.
    Mr. Janku pointed out that the trail extends from Creasy Springs into Cosmo Park.  He asked where in the park it would terminate.  Mr. Green said the plan was to hook it up with the current Bear Creek Nature Trail.  Mr. Janku said at times when he has been in the park, like on Saturdays when soccer is heavy and at other times of the year when it is full, that it was hard for pedestrian access because there was no real pedestrian path from the south side of the park into that area.  He said you have to use the roadway with a lot of traffic on it.  He asked if there was some way, within the park itself, to construct some sort of pedestrian path that would extend from the sidewalk along the Business Loop, the bicycle path, into the park to tie into the Bear Creek Nature Trail.  He said there were funds set aside this year for certain improvements in Cosmo Park and asked if that was something they might consider.  Without taking a close look at it, Mr. Green said he wouldn't want to commit.  He said there were athletic fields on both sides and the problem would be whether or not they wanted to encroach onto those fields.  He added that the money budgeted this particular year was budgeted to redo the parking lot and roadway up to the new shelter house.  Mr. Janku said he had looked at the proximity of the fields and thought it would be possible to fit a narrow walkway in between the parking area and the fields.  He said the funding issue would have to be faced later.  Mr. Beck suggested that they take a look at it during the next budget year and in the meantime get an estimated cost.  He said by the time Phase II was built we should be in a position to know what could be done inside the park.
    Mayor Hindman said the idea of having access to the trail was a good one.
    B309-96 was given third reading with the vote recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B318-96     AMENDING CH. 19 OF THE CITY CODE RE: PERSONNEL POLICIES,   PROCEDURES,
                    ETC., FOR TEMPORARY EMPLOYEES.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this would increase the number of hours of work allowable for temporary employees.  He said we, like other employers in the City, have a problem with trying to get employees trained and into a position.  He said right now we were limited as to how many hours they could work as a temporary employee.  This ordinance would increase the hours, but he said if we were to go to a number of hours that would require the City to make some adjustments in our retirement plan budget wise as a result of this, it would require special approval by the City Manager.  He said it would allow departments to go up to 1,450 hours on their own, but to go beyond that would require approval by the City Manager.
    Mrs. Crockett asked if the City had many part time employees that are hired on a consistent basis that would work 1,200 or 1,300 hours in a year.  Mr. Beck said we have a number of employees that would work over their limitation now.  He said the biggest problem areas were those that require some training.  Mrs. Crockett saw this as both a good and bad thing.  She said the City would get employees at a lesser expense, but wouldn't be providing them with benefits.  Mr. Beck said the City was trying to do more of that.  She said it bothered her that these people were being kept from receiving health insurance benefits.
    Mr. Campbell agreed with Mrs. Crockett.  He said as they look toward revising operations, they should look very hard at the staffing patterns.  Mr. Beck said during the budget they followed personnel guidelines of adding "X" number of permanent employee positions to the City government.  He said in the area of solid waste they had added a lot of programs that were proving to be very successful and had, therefore, become permanent programs in that division.  Mr. Beck said he felt the City should set an example of trying to pay salaries so that people weren't on food stamps and receiving other state benefits.  He said there were just some positions that lend themselves to temporary employees more so than others.  He said after they become permanent operations in City government we should look toward staffing permanent people.
    B318-96 was given third reading with the vote recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B319-96     FINAL PLAT OF ROSECLIFF GARDENS, PLAT 2.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that the proposed plat met all of the subdivision requirements.
    Mary Ann Williamson, 1504 Garden Drive, explained that her property was south of the lots in question.  She explained that on October 1 she met with Attorney David Rogers and the owners and developers of this 1.7 acre tract on the east side of Garden Drive.  She said the owners were requesting replatting of this property from four lots with an "eyebrow" for access to five lots with access directly on Garden Drive.  She said they were proposing to add a horseshoe drive for each lot to eliminate the need for vehicles to pull directly on and off of Garden Drive.  She said the people she had met with had assured her of several things -- that the horseshoe drive on each of the five lots would eliminate the need to back out directly on the hill on Garden Drive thus being less hazardous to traffic on the street, that her main concern of increased water coming across her property into the creek would be addressed with the sloping of the first three lots so drainage will be to the street and to the very back part of the lot which slopes to the creek.  She was told that would minimize the flow of water across her property.  The lots would have retaining walls on the south side of each property to divert water as well.  They told her every effort would be made to maintain as many trees, foliage, etc., in an effort to retain the soil and water runoff.  She was told that Lot No. 5, the closest to her property, would not be developed due to the rocky nature of the terrain and the steep slope.  She said she had accepted what Mr. Rogers and owners had told her in good faith.  By way of her written statement, she said she was accepting the replatting of the lots without any further discussion.  Ms. Williamson thanked the Council and members of the City staff for allowing her to be a part of the hearings.
    Regarding the stormwater impact, Mr. Janku asked if it would be necessary to examine the land.  He understood they were basically self-imposing the land disturbance protection.  Mr. Patterson said he had not seen the agreement and he thought they would want to make sure that it conforms with what they submitted.
    Mr. Harline asked if they would have to make Ms. Williamson's statement a condition of the plat in order for the City to have any enforcement capabilities.  Mr. Boeckmann said he didn't know that they could make it a condition and said he hadn't reviewed it.  He said if the ordinance was passed it would be a private matter between the individuals.
    Fred Overton, the developer, explained that there was a notation placed on the plat that was agreeable with everyone.
    B319-96 was given third reading with the vote recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B320-96     VACATING EXCESS RIGHT OF WAY FOR PART OF GARDEN DRIVE.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this was being done in conjunction with the last plat that was approved.  He said it was ready for Council approval.
    B320-96 was given third reading with the vote recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  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.

B302-96     ACCEPTING CONVEYANCES FOR UTILITY PURPOSES.
B303-96     AUTHORIZING AMENDMENT #10 TO THE SVERDRUP CONTRACT AND APPROPRIATING
                     FUNDS.
B304-96     ASSESSING SPECIAL TAXES FOR ABATEMENT OF WEED NUISANCES.
B305-96     AUTHORIZING A BUILDING PERMIT TO BE ISSUED FOR A RESIDENTIAL STRUCTURE.
B306-96     APPROVING A SUPPLEMENTAL LEASE AGREEMENT AUTHORIZING ROOF REPAIR ON
                    NORTH TERMINAL COMPLEX AT THE AIRPORT AFTER REMOVAL OF WEATHER RADAR
                    DOME; AND APPROPRIATING FUNDS.
B310-96     AMENDING ORDINANCE NO. 14968 RENAMING PARK DEVILLE DRIVE TO BROADFIELD
                    DRIVE.
B311-96     APPROVING FINAL PLAT OF LOVEALL SUBDIVISION.
B312-96     APPROVING FINAL PLAT OF BROADWAY FARMS, PLAT 14A.
B313-96     APPROVING FINAL PLAT OF BETHEL MANOR, PLAT 3.
B314-96     APPROVING FINAL PLAT OF BEDFORD WALK, PLAT 5.
B315-96     VACATING EASEMENTS IN LOT 195 OF BROADWAY FARMS, PLAT 13.
B316-96     VACATING A UTILITY EASEMENT IN LOT 16 OF MILES MANOR, BLOCK 1.
R147-96     AUTHORIZING SUPPLEMENT NO. 3 TO THE MASTER SITE LEASE WITH THE FAA.
R148-96     AUTHORIZING A LEASE AGREEMENT FOR THE RESTAURANT AT THE AIRPORT.
R149-96     AUTHORIZING AGREEMENT WITH ENTERPRISE DEVELOPMENT CORPORATION FOR
                    THE HOME OWNERSHIP ASSISTANCE PROGRAM.
 
    The bills were given third reading and the resolutions read with the vote recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT (except on B311 and B315), CAMPBELL, KRUSE.  VOTING NO:  NO ONE.  ABSTAINING:  CROCKETT (B311-96 and B315-96).  Bills declared enacted and resolutions declared adopted, reading as follows:

NEW BUSINESS
R150-96     AUTHORIZING AN APPLICATION TO THE DEPARTMENT OF CONSERVATION   FOR AN
                    URBAN TREE INVENTORY GRANT.
    The resolution was read by the Clerk.
    Mr. Beck explained that this would provide for a detailed tree survey in selected areas of the City.  He said the City's share of the cost would be $4,020 out of a total cost of $10,050.
    The vote on R150-96 was recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R151-96     AUTHORIZING A LANDSCAPING AGREEMENT FOR GARTH AND BUSINESS LOOP.
    The resolution was read by the Clerk.
    Mr. Beck said this would authorize a three year agreement.
    Mayor Hindman noted that he didn't see any space for sidewalks.  He thought in the long run a sidewalk system would be desirable there.  He asked if this would interfere with the possibility of getting that done.  Mr. Watkins explained that the watering and plantings had not yet been installed.  He said the water was scheduled to be put in this fall, once the Council approves the agreement, and the State Highway Department will put down mulch where the landscaping will go, so he said some accommodations could be made.  Mr. Janku said unfortunately they should have addressed the sidewalk issue at the time they made the agreement with the Highway Department for the turning lanes because that would have been the time to get the right of way and to put them in.  Mr. Kruse said whenever we do have sidewalks, and he thought we should, it may be there will be places where they will have to walk through a parking lot.
    Mrs. Crockett noted that the agreement was for three years.  She asked if the businesses wanted out of it after that time who would maintain it.  Mr. Beck said they needed to try to have it renewed.  He said it would probably be the City's.  Mr. Watkins said it would be the City.  He said three years was the agreement length for our Adopt a Spot with the state using their right of way.  Mrs. Crockett asked who was responsible for plantings that go bad.  Mr. Watkins said the City would be planting it this spring and Ellis Fischel's staff would be maintaining it for the next three years.  Mrs. Crockett asked about the cost.  Mr. Watkins said the expected budget, including the water, was about $6,000.  Mrs. Crockett asked if she understood that the City would have to take it over at the end of the three years.  Mr. Watkins said we only have a three year agreement because that was as long as the state would sign the agreement for.  He said that was their standard Adopt a Spot agreement.
    Mr. Janku said he thought they should plan with the expectation that it would be successful.  He said it was a model for future agreements and he was hopeful landowners would realize the benefits and be willing to continue their participation.  Mrs. Crockett said she thought it was a good idea, but hated to see a lot of money go into it and at the end of the three years have it all go down the drain.
    The vote on R151-96 was recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R152-96     AUTHORIZING AN AGREEMENT WITH JEFFREY E. SMITH DEVELOPMENT CO. TO
                    BUILD HOUSING UNITS FOR THE ELDERLY.
    The resolution was read by the Clerk.
    Mr. Beck explained that this related to the $75,000 they had talked about before relating to the duplexes for the elderly.
    The vote on R152-96 was recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R153-96     AUTHORIZING AGREEMENT WITH THE UNIVERSITY RE:  WASTE CHARACTERIZATION
                    STUDY.
    The resolution was read by the Clerk.
    Mr. Beck explained that this would provide for the University reimbursing the City in the amount of about $29,000 for a joint study that had been made at the landfill.
    Mayor Hindman asked if the study had been completed.  Mr. Patterson said the final report had not been completed.  He said he thought there was one more count to be finalized.  He said it was to coincide with the calendar year.
    The vote on R153-96 was recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R154-96     AUTHORIZING AGREEMENT WITH THE UNIVERSITY RE: STORM WATER   UTILITY
                    CHARGES.
    The resolution was read by the Clerk.
    Mr. Beck explained that this was a follow up from the time the City established the storm water utility.  He said the University has a substantial land area involved, some on which they have built a lot of stormwater piping and channeling.  He said some of their property lies outside of the main campus area so Mr. Patterson and his staff have been working with University staff with what could mutually be agreed to as a fair charge because of their unusual situation on parts of the campus.  He said they had come up with what they felt to be a fair charging method.
    The vote on R154-96 was recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

    Mayor Hindman made the motion that the Council meet in closed session on Tuesday, October 22, 1996, at 5:30 p.m., to discuss personnel matters, litigation, and real estate.  The motion was seconded by Mr. Harline with the vote recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  VOTING NO:  NO ONE.  Motion passed.
 
    The following bills were introduced by the Mayor, unless otherwise indicated, and all were given first reading:

B321-96     ACCEPTING CONVEYANCES FOR WATER MAIN PURPOSES; AND AUTHORIZING
                    PAYMENT OF DIFFERENTIAL COSTS FOR AN 8-INCH MAIN.
B322-96     APPROVING WORK ON TRUNK SEWER MC-6 (HERITAGE MEADOWS SUBDIVISION
                    80-ACRE POINT SEWER).
B323-96     APPROVING WORK ON THE GREEN VALLEY DRIVE BRIDGE REHABILITATION
                    PROJECT.
B324-96     VACATING TWO ROAD EASEMENTS IN GEORGETOWN SUBDIVISION, PLAT 1.
B325-96     GRANTING VARIANCE RE: SIDEWALK CONSTRUCTION ON LOTS 21, 22, 23 AND 24 OF
                    OAKWOOD HILLS, BLOCK 7.
B326-96     RENAMING TWO UNBUILT STREET RIGHTS OF WAY, BOTH NAMED MEADOWVALE
                    COURT, TO CAROL DRIVE AND KELLY LANE.
B327-96     ESTABLISHING PERMANENT ZONING ON RECENTLY ANNEXED PROPERTY WITHIN
                    CAPRI ESTATES.
B328-96     APPROVING THE FINAL PLAT OF GRACE BIBLE CHURCH, PLAT 1.
B329-96     ACCEPTING CONVEYANCE OF THE FORMER ARMORY PROPERTY AT 701 E. ASH
                    STREET.
 

REPORTS AND PETITIONS
(A)      1996 UPDATE TO THE LAND USE PLAN
    Mr. Beck said after some discussions the staff was desirous of some direction in regard to the Land Use Plan.  Mr. Hancock said the staff was prepared to proceed per the resolution unless the Council wanted something different.
    Mr. Campbell said there were several things he thought they may want to discuss.  He asked if they should discuss it further at a work session or pre-Council dinner.  It was decided it would be discussed further at a work session.

(B)      SCENIC ROADS
    Mr. Janku made the motion that the issue be referred to the Planning and Zoning Commission for their input.  The motion was seconded by Mr. Harline and approved unanimously by voice vote.

(C)      LAND PRESERVATION ACT ISSUES - THE HAMLET
  Mr. Campbell commented that the staff had been doing a lot of excellent hard work and that he had received several compliments about them.  He said this issue had been discussed on a couple of occasions by the Council.  He said there were two staff recommendations in the report, one of which had already been taken care of.
  Mr. Campbell made the motion that staff be directed to proceed to meet with the Columbia Home Builders Association and other interested parties to prepare the necessary revisions as needed.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

(D)      PORTLAND CEMENT CONCRETE STREET MOVEMENT
    Mr. Beck said there was a feeling that there were more concrete streets being poured recently.  He said complaints have been received from time to time and Mr. Patterson had been trying to address them as they arise.  He said this was to establish Council policy as to how they would react to different complaints or problems that come to the City staff so that property owners would be treated the same throughout the City.
    Mr. Kruse said his perception was that there were some major disagreements about who is responsible and what the remedies ought to be.  He said he would like these people to have some input before they vote on anything.  Mr. Patterson said the one person he thought that was most actively involved in this had been advised that this was being brought to the Council.  He was told that if it was approved by the Council the staff would be able to proceed with the remedies.  Mr. Kruse asked if he had responded.  Mr. Patterson said he hadn't heard back from him, but he had talked to him personally and felt this was in line with what he was willing to accept as a remedy.  Mr. Kruse said if Mr. Patterson was comfortable with it, he was also.
    Ms. Coble made the motion that they approve the street movement repair policy as presented.  The motion was seconded by Mr. Kruse and approved unanimously by voice vote.

(E)      BROADWAY CROSSINGS II - LETTER OF CREDIT
    Mr. Beck said it had been suggested that the Letter of Credit be extended to October 31, 1996.  He asked Mr. Patterson about any assurances.  Mr. Patterson said he had no assurances that it would be completed by then.  Mr. Boeckmann said Mr. Van Matre had called him this afternoon and had said he would prefer November 15.
    Craig Van Matre, an attorney with offices at 1103 E. Broadway, spoke on behalf of the developer of the Broadway Crossings Shopping Center.  He passed out copies of a letter from Richardson & Bass, the contractor on the improvements.  He said for a variety of reasons the developer and contractor have not been able to get this project finished.  He said he had asked them to prepare this letter explaining what was left to be done.  He said the concrete dirt work was done and the old standards were still operative, but the new poles and lights are up.  He explained that the State Highway Department has jurisdiction; however, and the new lights couldn't be switched on without them coming out and approving everything.  He said they weren't willing to do so until they are sure that it wasn't going to rain.  He said it may be awhile before they are willing to come out and consent to the switch over.  He said once the switch over occurs they can take down the old poles, take out the concrete, and put the new islands in.
    Mayor Hindman made the motion that the extension be granted to November 15, 1996.  The motion was seconded by Campbell 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 Commission:

BOARD OF ADJUSTMENT
Davis, J. Christopher, 4504 Ria Street, Ward 2 - term to expire 5/1/97

PERSONNEL ADVISORY BOARD
Jenks, Ronald R., 5501 Carrick Ct., Ward 5 - term to expire 9/30/99

SUBSTANCE ABUSE ADVISORY COMMISSION
Armistead, Kathleen E., 2513 Spruce Dr., Ward 2 - term to expire 10/31/99
Klasner, James R., 107 E. Alhambra, Ward 5 - term to expire 10/31/99
 
COMMENTS OF COUNCIL, STAFF AND PUBLIC
    Ms. Coble said a horticulturist from Eugene, Oregon, had apprised her of what they had done in their neighborhoods where they have older trees and had found it too expensive to underground their power lines.  She said they had recently adopted a policy of no topping of the trees.  She said they had apparently been successful with doing selected clearing of branches from in and around the power lines.  She said this was an area that experiences high winds and major storms like we have.
    Ms. Coble made the motion that the staff report back on what has been accomplished in Eugene, Oregon, and how it may or may not be feasible for the City of Columbia.  The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    Mr. Janku said previously he had asked for a report on some sort of award he had heard about where you get awarded for meeting certain standards relating to electric utilities.  He said he thought Springfield had received this green power award.  He said it had to do with the pruning of trees.
    Mr. Janku thanked the Water and Light Department for their speedy response to his request for additional street lighting on Garth near the narrow bridge over Bear Creek.  He said it had made the area a lot safer.
    Mr. Janku said a constituent had asked him whether or not the City could institute what private utilities call budget billing.  He asked the staff to look into what would need to be done.
    Mr. Janku said he had received a call regarding concrete being dumped in residential subdivisions while undergoing construction.  He asked if that was presently against City ordinances.  He was talking about large amounts of concrete being dumped on undeveloped lots.  He asked the staff to check into it.
    Mr. Kruse explained that he had been working with the Chamber task force on the sign ordinance.  He said they would have their second meeting next Friday.
    Mr. Kruse made the motion that the staff be authorized to work with the task force as necessary.  The motion was seconded by Ms. Coble and approved unanimously by voice vote.
    Mayor Hindman asked that the parking situation be checked into where envelopes were being left on windshields.  He was concerned about the wording on the chart inside the envelope.  He thought the system needed to be made a little more user friendly.
    Jan Prichard, 3505 Rock Quarry Road, thanked the Council for their efforts regarding the scenic road ordinance.  She said the Planning Department had done an excellent, very flexible, skeleton they all could work with.  She suggested the possibility of not even having "driveways", making it more limited access than having driveways.  She said developments along scenic roads possibly should have some kind of access road or cul-de-sac or something of that nature.  She said there were a number of driveways along Rock Quarry now and she wasn't sure that they wanted a lot more of them.  She didn't think there needed to be a lot of signs along the road.
    Norman Lenhardt, 1118 St. Christopher, talked about the flood control situation.  He said everyone was being very short-sighted about flood control.  He said the fact that a few houses are not being flooded didn't mean there wasn't a problem out there.  He said as we continue to grow in Columbia we are placing considerably more pressure on the downstream areas which affects the downstream landlords.  He said most people don't have any concept about how much the additional housing and concrete affects the flood control.  Mr. Lenhardt said if you take a 1,000 square foot home and everything involved with it, it adds 6,000 square feet of hard surface.  He said that seven houses would create an additional acre of nearly 100% runoff.  Not only was it creating more runoff, but it was sometimes three and four times as fast.  He said if we didn't look a little farther than our own next door neighbor or 100 feet downstream, we weren't doing a proper job.
    Mayor Hindman suggested that Mr. Lenhardt pick up a copy of Columbia's Storm Water Plan.  Mr. Janku understood there would be a basin report coming forward soon.  He said basically it would incorporate a lot of suggestions, i.e., that storm water be managed within the natural areas and that there be open space available so that water can be retained.
    The meeting adjourned at 9:25 p.m.
 
                                                                                     Respectfully submitted,
 
                                                                                     Launa H. Daniel
                                                                                     City Clerk