The City Council of the City of Columbia, Missouri, met for a regular meeting at 7:00 p.m., on Monday, August 4, 1997, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, and COFFMAN were present. Council Member KRUSE was absent. The City Manager, City Counselor, City Clerk, and various Department Heads were also present.
APPROVAL OF MINUTES
The minutes of the regular meeting of July 21, 1997, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Ms. Coble.
APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING
Upon her request, Mr. Campbell made the motion that Mrs. Crockett be allowed to abstain from voting on B198-97. The motion was seconded by Ms. Coble and approved unanimously by voice vote.
The agenda, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Ms. Coble and a second by Mr. Janku.
Mayor Hindman noted the passing of Holme Hickman, a former City Council Member who had also served on many Boards and Committees. He said Mr. Hickman had been a very dedicated citizen. Speaking on behalf of the Council, Mayor Hindman extended sympathy to Mr. Hickman's family.
SCHEDULED PUBLIC COMMENTS
1. Charles Byers and Terry Hunsaker - Power Team Event
Charles Byers, 1203 N. Garth, reported that the drug situation in Columbia is a big problem. He said that he and the members of the Parkade Baptist Church wanted to do something about the problem. Mr. Byers announced that the Power Team would be coming to Columbia on November 12. He then introduced Terry Hunsaker. Dr. Hunsaker explained that the Power Team was a group of world class athletes who perform one of the greatest exhibitions of strength, power, and speed with a message of motivation and inspiration. He reported they are seen weekly across America, as well as in nine other countries, on their worldwide broadcast called "The Power Connection". Dr. Hunsaker explained that the Power Team is committed to reaching young people with a message of hope. In school assemblies they speak out against drug abuse, alcohol abuse, and suicide. The Power Team dispenses a message of abstinence along with a program of academic excellence and achievement. Dr. Hunsaker believed they would be a great inspiration to the community. It is expected that about 10,000 people will hear their message while in the area, and Dr. Hunsaker added that four area schools are interested in having the Power Team perform for their students. He explained that John Jacobs was the leader and founder of the Team and described some of the feats he would be performing. He said these were things young people would see as benefits of a disciplined life -- free from drug and alcohol abuse.
Mr. Byers explained that the group is seeking the endorsement of the City Council, the Chief of Police, and the Fire Chief to encourage civic organizations and businesses to help bring the Power Team to town to spread their message.
Ms. Coble asked how the message to teenagers would be enhanced by watching someone ripping phone books, breaking baseball bats, or any of the power feats mentioned. Mr. Byers said it gets the student's attention and then the Team can get their message across.
Mr. Campbell asked if he understood that this group is looking for the City's endorsement in order to solicit money from the merchants. Mr. Byers said they felt the merchants and civic organizations would go to bat for them. He noted that it was costing $1,000 to get the Power Team into each school. Mr. Byers will be speaking to the Cosmo Club, the VFW, the Optimists, and various other organizations around town that are interested in the kids in our community.
B168-97 Rezoning from R-3 to C-3 property on the east side of Moss Street between McAlester and
The bill was read by the Clerk.
Mr. Beck noted that this rezoning request had been tabled from the July 7 meeting. He said the applicant had requested open C-3 zoning and it had been voted against by the Planning and Zoning Commission. He explained that the Land Use Plan called for the area to be medium density residential usage; however, there had been an indication that if the Elk's Club was interested in commercial rezoning, more favorable consideration would be given toward planned commercial zoning rather than open zoning.
Mayor Hindman opened the public hearing.
John Fussner, Principal of Benton Elementary School, said the school is very concerned about how wise open C-3 zoning would be for this area. He said they were fearful of where an open zoning might lead. Mr. Fussner did not know what the Elk's intentions were for the rezoning, but he did know the interests of a lot of his friends through the Benton Stephens Association, and through Naoma Powell and her Access Arts Program. He said their interests were very much aligned with a quality environment, a protected environment, and a safe environment for the kids in this area.
David Dranginis, 310 N. William, a member of the Benton Stephens Community Association, said he was hearing pretty much unanimous opposition from the neighborhood to the open C-3 request. He said the association had worked for a number of years to create an environment appropriate for their neighborhood. He said a planned use development would make a lot more sense.
Charles Pickel, 115 W. Ridgeley Road, a Board member for Access Arts, reminded the Council that the area was clearly a residential neighborhood. He asked that the request be denied primarily because there had been no reason given for the rezoning.
Tim Rich, Director of the Salvation Army Harbor House located in the Benton Stephens neighborhood, stated they were very pleased with the job the Benton Stephens Association has done in building a real community as well as the focused attention on the kinds of development going on in the neighborhood. Mr. Rich said the Harbor House had enjoyed a fairly positive relationship with people in the community. He supported the residents in their request for denial of the zoning. Mr. Rich said it is vital for the Salvation Army to have an area around the shelter that is a solid neighborhood containing a residential area that provides good role models.
Mayor Hindman closed the public hearing.
Mr. Campbell said the Council had discussed at the last hearing the possibility of C-P zoning. He is against the open zone and felt it would take a very restrictive C-P zone for him to be in favor of it.
Mrs. Crockett said the Elk's had been an excellent neighbor and if she knew the request for C-3 zoning was just to enlarge their present facility, she probably would not be concerned about it. However, because this area is designated as a residential neighborhood, she could not be in favor of just opening it up to C-3 zoning.
B168-97 was read with the vote recorded as follows: VOTING YES: NO ONE. VOTING NO: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, COFFMAN. ABSENT: KRUSE. Bill defeated.
B193-97 Amending Chapter 14 of the City Code to prohibit through truck traffic on a portion of
Oakland Gravel Road.
The bill was given second reading by the Clerk.
Mr. Beck explained the problem created by large semi trucks traveling this section of roadway as a shortcut between Old Highway 63 and New Highway 63.
Mrs. Crockett said her reason for the concern was because of the new middle school that would be opening soon. The road is not wide enough to accommodate school buses and tractor trailer trucks.
Mr. Janku pointed out that there were no sidewalks along Oakland and, until they were in place, the students would have to walk on the very narrow roadway. He said it creates an unsafe situation.
B193-97 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, COFFMAN. VOTING NO: NO ONE. ABSENT: KRUSE. Bill declared enacted, reading as follows:
Chapter 19 of the City Code regarding vacation leave.
The bill was given second reading by the Clerk.
Mr. Beck explained that this amendment would allow for a program to be established wherein an employee could give their vacation leave to another employee who has used all of their sick leave because of a personal illness, or that of another family member. He said the leave would be transferred on an hour by hour basis, regardless of salary. Mr. Beck recommended approval and thought it would be a good program for the employees, although he did not think it would be used much, but would be helpful when needed.
B194-97 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, COFFMAN. VOTING NO: NO ONE. ABSENT: KRUSE. Bill declared enacted, reading as follows:
the 1996 Columbia Sidewalk Plan.
The bill was given second reading by the Clerk.
Mr. Beck said this plan was being amended because Route AC will be relocated to the Grindstone alignment. He said this amendment would provide more potential for a sidewalk being built as a part of the project paid for by the City or the State. He noted that the State Department of Transportation is looking at their sidewalk policies as they relate to urban highways. Should the State decide to take on a policy of actually constructing sidewalks, they would need to be identified on the City's master sidewalk plan.
B195-97 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, COFFMAN. VOTING NO: NO ONE. ABSENT: KRUSE. Bill declared enacted, reading as follows:
the City's wastewater treatment plant, adjoining City-owned land and
small tracts of privately owned property.
The bill was given second reading by the Clerk.
Mr. Beck pointed out that this annexation involved approximately 522 acres in southwest Columbia, most of which is owned by the City as a part of the wastewater treatment plant site and the buffer area around it. He said there were a couple of other small tracts privately owned, and the property owners had indicated their desire to be voluntarily annexed. Mr. Beck noted that the Council had given him authorization to sign a petition in the name of the City, and to follow the voluntary annexation process provided for in the State Statutes. Mr. Beck said it had been circulated through the City departments and various County agencies. The recommendation was to proceed with the formal annexation.
B196-97 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, COFFMAN. VOTING NO: NO ONE. ABSENT: KRUSE. Bill declared enacted, reading as follows:
property between Perche Creek and King's Meadow Subdivision.
The bill was given second reading by the Clerk.
Mr. Beck explained that this tract is located in the west central part of Columbia involving approximately 156 acres with 136 R-1 lots being proposed.
Ms. Coble asked if this was the property in which the attorney involved had talked about the necessity for changing some roadway plans. Mr. Beck said that was correct and it would come back to the Council at a later date as a plat. Mr. Bondra explained that the plat was tentatively scheduled for introduction at the next meeting.
B197-97 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, COFFMAN. VOTING NO: NO ONE. ABSENT: KRUSE. Bill declared enacted, reading as follows:
the final plat of Belmont Village, Plat 10.
The bill was given second reading by the Clerk.
Mr. Beck indicated that this plat was located in north central Columbia, north of Blue Ridge Road and west of Derby Ridge Road. He stated that it would create 32 R-1 lots.
B198-97 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CAMPBELL, COFFMAN. VOTING NO: NO ONE. ABSTAINING: CROCKETT. ABSENT: KRUSE. Bill declared enacted, reading as follows:
funds for ballfield improvements at Douglass Park and memorial trees
The bill was given second reading by the Clerk.
Mr. Beck explained that some time ago NationsBank provided a $10,000 gift to the City to be used as part of the public improvement project in Douglass Park. He said this would officially appropriate that money for the project. Secondly, from time to time the Parks and Recreation Department receives funds for memorial trees and/or benches. He said $4,000 had accumulated in that fund and this ordinance would also appropriate that money for a Parks and Recreation expenditure.
Mr. Janku noted that the $4,000 would be used throughout the community, not just at Douglass Park. Mr. Janku said at the time NationsBank presented their gift, he had asked if soccer goal posts could be installed as part of the improvement at Douglass Park. Mr. Green replied that the area is not big enough for a full size soccer field, but plans are to put goals at this location.
Mr. Janku expressed his appreciation to the individuals who had given money to the Park Fund and also to NationsBank.
B199-97 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, COFFMAN. VOTING NO: NO ONE. ABSENT: KRUSE. Bill declared enacted, reading as follows:
The following bill was given second reading and the resolutions were read by the Clerk.
R103-97 Setting a public hearing regarding tax billing for improvements to Old 63 South from
Ashland Road south 6,050 feet.
R104-97 Setting a public hearing regarding annexation of land on the west side of Scott Boulevard
across from Grant Lane.
R105-97 Setting a public hearing regarding annexation of land west of King's Meadow.
R106-97 Setting a public hearing regarding the FY98 budget.
R107-97 Setting a public hearing regarding 1997 property tax rates.
R108-97 Authorizing an amendment to the agreement with the Department of Health for birth and
R109-97 Authorizing an amendment to the agreement with the Department of Health for maternal
and child health services.
R110-97 Authorizing an agreement with the Department of Health to renew the WIC food program.
R111-97 Authorizing an agreement with Lincoln University for student nursing services.
The bill was given third reading and the resolutions read with the vote recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, COFFMAN. VOTING NO: NO ONE. ABSENT: KRUSE. Bill declared enacted and resolutions declared adopted, reading as follows:
R112-97 Authorizing an agreement assigning The Job Center's interest in two social assistance
contracts to Advent Enterprises, Inc.
The resolution was read by the Clerk.
Mr. Beck explained that Advent Enterprises and The Job Center have merged and have been working with the United Way staff and the City's Community Development staff. He said this resolution would authorize the City Manager to sign a three-way contract between the City, The Job Center, and Advent Enterprises. He stated that it would assign Advent Enterprises as the payee on service contracts that have been previously authorized by the City.
The vote on R112-97 was recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, COFFMAN. VOTING NO: NO ONE. ABSENT: KRUSE. Resolution declared adopted, reading as follows:
a petition for annexation of land on the west side of State Route 763
immediately north of the city limits.
The resolution was read by the Clerk.
Mr. Beck explained that staff has been working with some property owners in north central Columbia along 763 regarding annexation of their property. A small tract was displayed on the overhead that Mr. Beck noted had belonged to Water District No. 1. He explained that when the City merged with the District, this land became City property. Mr. Beck said this resolution would authorize the City Manager to file the petition.
The vote on R113-97 was recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, COFFMAN. VOTING NO: NO ONE. ABSENT: KRUSE. Resolution declared adopted, reading as follows:
bicycle lanes on Silvey Street from Broadway to Worley Street.
The resolution was read by the Clerk.
Mr. Beck noted that this street is under reconstruction to bring it up to collector standards, which is 38 feet in width. Currently, there are no improvements along the street as far as structures are concerned. Because the street is on the Bicycle Plan, Mr. Beck said it was being proposed that the City paint bicycle lanes along the east side of the street. Earlier, the Council had removed parking from both sides of the street upon its completion so that a bike lane could be established.
The vote on R114-97 was recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, COFFMAN. VOTING NO: NO ONE. ABSENT: KRUSE. Resolution declared adopted, reading as follows:
extra-territorial sewer extension policies.
The policy resolution was given first reading by the Clerk.
Mr. Beck explained that this resolution establishes a policy on the use of sanitary sewers outside the City limits -- the connection of property outside the City limits to the City's sewer system. It provides that property contiguous with the City desiring City sewer service would be voluntarily annexed into the City. He pointed out that this policy has been in place for a number of years. Mr. Beck explained that the second part of the policy resolution addresses those tracts that are not contiguous with the City. He said a certain number of these properties, depending on the degree of development and other factors, would allow for a pre-annexation agreement indicating that the owner would come into the City when their property becomes contiguous, and they would not be opposed to working with the City if there is a voter approved initiation for annexing property around the City. Mr. Beck pointed out that copies of this proposed policy would be available for any interested groups or persons who wanted to review it prior to its passage. He said any comments made to his office would be forwarded to the City Council.
Mayor Hindman pointed out that this policy was quite significant to the future of the City. He urged anyone particularly interested in development or land use to get a copy.
Mr. Campbell said this was probably one of the top five issues, as far as utilities were concerned, the City had worked on since he had been on the Council. He said this is a very important policy.
Mr. Janku noted that the Council had two public work sessions on these issues with Mr. Alderson, of Boone Electric and the Boone County Regional Sewer District. He said a lot of input had already been obtained, but hoped to have more.
Ms. Coble asked if these and other issues were to be addressed with the building and construction trades community for their input. Mayor Hindman said that was correct.
Mayor Hindman pointed out that the City is moving forward with this policy because of the election deadline for the sewer system revenue bond issue.
Because this is a policy resolution, it will be held over to the next meeting.
The following bills were introduced by the Mayor, unless otherwise indicated, and all were given first reading:
Chapter 14 of the City Code to prohibit parking on the west side of
Street from Business Loop 70 to Nebraska Avenue.
B201-97 Authorizing a right of use permit to allow Drew Properties to install conduits under
B202-97 Authorizing Change Order No. 1 and approving the engineer's report for construction of a
parking lot at Fourth and Cherry streets.
B203-97 Authorizing Change Order No. 1, approving the engineer's report and tax billing for
improvements made to Old 63 South from Ashland Road south 6,050 feet.
B204-97 Accepting water utility conveyances.
B205-97 Accepting a conveyance, approving the engineer's report and authorizing payment of
differential costs for a 12-inch water main serving Meadowlands, Plat 12.
B206-97 Appropriating funds for water and electric capital improvements.
B207-97 Authorizing an agreement with the Department of Health for basic public health services,
and appropriating funds.
B208-97 Authorizing an agreement with the Department of Health for immunization services, and
B209-97 Vacating two utility easements in Workingman's Friend Subdivision.
B210-97 Setting property tax rates for 1997.
B211-97 Adopting the FY 98 budget.
B212-97 Calling for an election for sewer system revenue bonds.
B213-97 Amending Chapter 22 of the City Code to establish wastewater system connection fees.
B214-97 Appropriating funds for the Route B water main relocation project.
B215-97 Authorizing acquisition of land on the northeast corner of Range Line and Wilkes
B216-97 Authorizing defeasance of a portion of General Obligation Bonds.
REPORTS AND PETITIONS
(A) New Shallow Wells #11 and 12 at McBaine.
Mr. Beck said this past year the City had budgeted the construction of two shallow wells. He reported that a bid had come in at $248,225, which was $11,000 less than the cost of drilling two similar wells in 1990. He said this company had bid other wells for the City over the years for both deep and shallow wells. This project includes the installation of 24 inch piping that connects the wells to the system in the river bottom. The total cost estimate for both the wells and the piping is approximately $325,000. He said the City had budgeted more than that, so there will be funds left over. Mr. Beck pointed out that a record had been set on July 26 in the amount of water that was pumped into Columbia. He said it was at the rate of 18.33 million gallons a day, which would have been over-capacity before the expansion had been done to the treatment plant.
of Street Lights on Bearfield Road.
Mr. Beck said this report had been prepared at the request of Councilmember Coffman. He noted it would cost $7,500 to install the nine lights. Mr. Beck explained that the City's general fund reimburses the Water and Light Department for the installation cost of the lights and the annual electric usage cost.
Mayor Hindman asked if the $989.28 per year was the cost of the electricity. Mr. Beck said it was the cost of the electricity and the amortization of the actual cost of the lights.
Mr. Coffman thanked the staff for responding so quickly to his request.
Mr. Coffman made the motion that staff be directed to move forward with the installation of lighting along Bearfield Road. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
Transfer of Funds.
(D) Board and Commission
Mr. Beck noted that the Council had requested a staff report regarding the advertising of Board and Commission vacancies.
Regarding the location of the ads, Mr. Janku said it obviously would have a budget impact and suggested that it be addressed when going through this year's budget process. He said the additional cost would not be great. Mr. Janku felt it would be helpful if the ad was placed in the same location on a regular basis, and positioned as close as possible to other City business agenda items.
Ms. Coble agreed that it would be worth the extra expense to ensure that the word is put out, especially if the Council is going to establish a deadline.
Regarding the deadline, Mrs. Crockett felt when a sufficient number of applications for a particular vacancy have already been received, late applications will not be forwarded to the Council. She said late applications will be retained in the file and those persons could be considered for the next vacancy. Mayor Hindman thought that was a reasonable policy.
Mr. Campbell said the Council had been getting lax over the last few years and he thought a policy was needed regarding the late applications and how they would be handled. Regarding public communications and the advertising issue, he suggested a motion also.
Mr. Janku made the motion that the staff be directed to prepare a policy resolution on both issues for introduction at the next meeting. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
Ms. Coble asked what should be done about the deadline for applications this coming Friday. Mayor Hindman suggested that the Council adopt a statement for the next round of applicants.
Ms. Coble made the motion that the following procedure be followed until the adoption of a formal policy: If an application comes in after the deadline, it will be marked late. If there are insufficient applications to fill the vacancies, the Council will be forwarded the "late" applications for consideration. If there is a sufficient number that came in a timely manner, those that were marked late would not be forwarded to the Council, but would be held until the next vacancy. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
(E) Street Closure
Mr. Janku said this request had been discussed at pre-Council and some concerns had been raised. He said the way it has evolved, the request was really not accomplishing its intentions if the purpose was to get people into the downtown area because the applicant is restricting it to the block on Elm Street, south of Ninth. He said that was really not downtown. He said the Council's other concerns were about security and alcohol use making this into the event not originally intended. Mr. Janku said he appreciated the effort to connect the students with the downtown and suggested that the applicant work with the association on the September Twilight Festivals.
Mayor Hindman asked the applicant to step forward and explain the present plan.
Kevin Kearns, 9th & Elm Food Court, explained that he had purchased the building at this location about eight months ago. He said this particular location had experienced problems with homeless people sleeping in the lobby, and also problems with mismanaged businesses inside of the court. He said when the building was purchased, they put a lot of thought into how to revamp it and give it a new image. He said a lot of time, money, and effort had been put into the building by trying to upgrade the look of the outside to make it more appealing to the downtown community. Mr. Kearns wanted to break the "stigma" of the building and show people that it is a new 9th & Elm Food Court. He said they wanted it to be a stopping place for the student population and that was why this Welcome Back Student party was planned. He met with Kurt from Shakespeare's and they thought it would be a good idea that for the University student's first weekend back in Columbia, they would throw a party where some of the streets would be blocked off and some bands would come in. He said it would have a carnival/festival-type atmosphere. He said they talked to Dennis Veach at the Police Department and had agreed to all the stipulations he had requested. Mr. Kearns said the street closure request had been modified as a result. He had also talked to Judy Hull and she had agreed to everything they wanted to do. He said they did not want this to turn into a drunken affair anymore than anyone else did. He said they wanted to make the party an annual event and, before the students make their buying decisions, he wanted to get them accustomed to coming down the Strollway to the Ninth & Elm corridor. Mr. Kearns said they had agreed to position police officers at every exit in the bar to make sure nobody left with beer. He said Coca-Cola would be setting up all of the concessions outside.
Mr. Janku asked what he planned to do with the outdoor patio during the event. Mr. Kearns said it would also be blocked off with police officers stationed at the exit.
Mr. Campbell asked how they would handle consumption of alcohol out on the street. Mr. Kearns stated they had talked to Dennis Veach about stationing officers at the entrances to the barricaded areas. He said people trying to bring in coolers would be instructed to take them back. Mr. Campbell asked why they did not want to incorporate this party with the Twilight Festival as suggested by Mr. Janku. Mr. Kearns said they had participated in the Twilight Festival and would continue to do so, but that was not the exposure they were seeking. He said this event was more of a "block-buster" type of event than the Twilight Festival, which has a lot of different small bands scattered throughout the downtown area. Mr. Kearns reported this event is more focused on bringing the students out rather than bringing residents out. This is a student party.
Mrs. Crockett asked if they would be hiring the police officers. Mr. Kearns said they would be hiring ten police officers and, if more were recommended, he would hire more because he did not want any problems. Mrs. Crockett asked how many students they were anticipating. Mr. Kearns said as it was the first year for the event they did not know, but they were anticipating 2,000 to 3,000.
Mr. Campbell said some of the Council were recalling the Bid Day Bash and the fact that something like this could easily get out of hand. He said 10,000 students would not be unusual and the facilities could be easily overwhelmed, as could the personnel, at which point it could turn into a night long party. Mr. Kearns said they felt by constricting the space they could also constrict the crowd. Mr. Campbell asked if the University had been involved with this. Mr. Kearns said they had. He said the people that welcome the freshmen were endorsing the function and would be involved in it.
Mr. Janku asked if the University would let them use Peace Park, which is used for concerts quite a bit. Mr. Kearns said if the park could be used, that would be great.
Ms. Coble said not long ago the Council had turned down a march because 2,000 to 3,000 people were supposedly going to gather in a one block area. She said her concerns were the same in this case -- she did not think they could do it. Ms. Coble said if there was a way to get Peace Park involved, it could work. She could not see that many freshmen staying within the confines of the sidewalk in front of the Journalism School and the side of Shakespeare's with a bandstand set-up. Mr. Kearns reminded her that it was a seven hour event from 4:00 to 11:00. He said there would be four different bands so there would be a turnover after each band. He did not expect 2,000 to 3,000 for the entire seven hour period.
Regarding the march, Mayor Hindman recalled there had been a problem with it because it was to take place where the only access to the Library was located and there would be no access for cars to park at the Library on a Saturday morning. In this case, Mayor Hindman said he knew of no protests by anyone. Mr. Kearns said everyone with businesses within a one block area had signed-off on the request. He said everyone was in favor of the party and were very encouraged about it.
Mayor Hindman made the motion that the request be granted. The motion was seconded by Mrs. Crockett.
Mr. Campbell suggested that Mr. Kearns get in touch with the Student Life Office and some of the other groups in authority at the University. He said the Summer Welcome Program was a good one, but it was not one of the groups that would be making campus-wide decisions.
Mr. Janku said he was willing to give it a shot, but said he would like to see Mr. Kearns incorporate Peace Park because he thought it was a natural area to pick-up the overflow. He said he was relying on the fact that they intended to be around to do it again. He wanted it noted that this was not a waiver of the open container ordinance.
Mr. Campbell said if this was to go forward, he was hopeful Mr. Kearns would contact Residential Life and other people at the University to get Peace Park so other back-up provisions could be made. He also asked that the sanitary facilities and other such things be taken into account. He said if word gets out and they start advertising on radio, things could get out of hand.
Mr. Janku thought the tenure of the advertising and the nature of it would be telling. He said the media used to reach University students was different than the media used to attract outside groups. Mr. Campbell said the Maneater and KCOU would cover the University without getting to others.
The motion made by Mayor Hindman, seconded by Mrs. Crockett, was approved unanimously by voice vote.
(F) Property at
Locust, between 10th and Hitt.
Mr. Beck explained that the staff had generated this report based on comments received regarding a problem situation at this location. He had asked a staff committee to look at alternate ways of addressing the problem that would suit the merchants and residents. He noted that the report indicated there was a great deal of loitering in the area, and there had also been 78 arrests by one officer during the first six months of the year. He said the arrests obviously did not solve the problem.
Mayor Hindman noted that the Downtown Association recommended constructing a six foot high, green chain link fence around the area belonging to the City. He asked if the private property owner was willing to have it extended. Mr. Beck thought the property owner was agreeable to working with the City toward having the area fenced. Mr. Beck said another recommendation had been the removal of the trees, which he personally had some reservations about and was not sure that this option would solve the problem.
Mayor Hindman said this was a difficult issue as it was not fair to the people living in the area to have what amounts to a nuisance in their neighborhood. He said it is affecting their lives, their property values, and the ability to do business in the area. According to reports he had seen, Mayor Hindman said it appears likely that there are drug sales occurring, as well as the sale of cigarettes and alcohol to minors. He said cutting down the trees and putting up a chain link fence might effectively stop the activity, but that was not known for sure. Mayor Hindman said it would not begin to solve the overall problem these individuals create because it could ultimately lead to sending the problem somewhere else, i.e., a City park, etc.
Mr. Janku had read in the paper about the incidents of the illegal sale of alcohol to minors. He had observed this occurrence first hand. He asked if there was any deterrent against the property owner participating in this activity. He said the business is obviously getting the benefit of the sales. Chief Botsford said it was his impression that if alcohol is sold legally to adults who later transfer it to other people, that probably the property owner, unless there was some type of conspiracy proof that they were involved in it, probably could not be held legally responsible for it. Mr. Janku wondered if it is truly a nuisance because of the different standards of proof involved. Mr. Janku did not see loitering under a tree a big problem, but said when people are coming to this area because they know they can get access to things, this is a problem. Mr. Campbell said in some other instances there had been an attempt to work with the property owner to eliminate the sales of certain types of alcohol. He asked if the City had attempted anything like that in this case. Mr. Beck thought the City had because they had talked about it and it had been decided the property owner should be contacted. Chief Botsford said he was not sure either, but if had not been done, they would do so. He added that in a situation like this in which a neighborhood is troubled by an attractive nuisance, enforcement would never be the answer when there are enough people hanging around doing something that is cheap enough. He said occasionally these people get arrested, but they do not stay in jail very long for those kinds of crimes anyway. He said solutions to this issue, such as cutting down trees and putting up chain link fences, often go to the heart of the issue. He said there is something at this location that is attractive enough for these individuals to want to be there, and rather than letting the neighborhood continue to suffer for that, the City needed to get at the core of the problem. He said the problem would not necessarily go to some place else because it will not be in the vicinity of where the cheap liquor is.
Mrs. Crockett asked what kind of trees would be removed. Mr. Beck said they were pretty big trees and he did not think he should, administratively, give the direction to cut them down.
Mr. Campbell said one of the things that concerned him about fencing was the very small areas that would be fenced in. He was concerned these areas would become, in essence, trash containers.
Regarding liquor licensing, Mr. Janku asked what kind of conduct the licensee must maintain. He suggested checking into the standards of conduct. He thought there was a difference between criminal liability versus something that is contributing to a nuisance in the neighborhood.
Mayor Hindman said if the Chief felt that one way of getting to the core of the problem was cutting down the trees, he would be inclined to do that. New trees could always be planted. He said it may not be the answer, but he was willing to experiment.
Mr. Janku suggested that the experiment be the fence because that would not be a permanent situation.
Mayor Hindman said he had looked at the trees and he did not think they were that big. He felt that replanted trees would grow quickly.
Mr. Beck said his personal opinion was that it had more to do with the availability of the liquor rather than the shade because the problem individuals are there year round. He said maybe the combination of the trees and the availability of the cheap liquor was the difference.
Mr. Coffman asked if there was a concern about the fence. Mayor Hindman said he thought it would be expensive, ugly, and would attract trash that no one would be willing to climb over and pick up. He said he did not like to see areas for the public fenced off. Mr. Coffman said he would be surprised if getting rid of the trees would solve the problem.
Ms. Coble said she had heard a lot about this issue for a number of years and proposed that it would be worth the initial expense, and perhaps the ongoing expense, to see what law enforcement presence could do. She was hearing more and more that those who do not frequent the downtown on an everyday basis are generalizing from the activities going on at The Wall, to City parking garages, to downtown businesses, and to events downtown. She has heard that from a number of people. She thought once again the City is trying to change things for the majority because of the bad behavior of a very few. She said this was a public nuisance, one of criminal behavior, and one which generates a great deal of fear. Ms. Coble felt those were public safety issues and that the solution should be addressed through a public safety mechanism -- with increased police presence. She did not think a fence or removing trees would make the problem go away.
Mr. Janku had been told by a downtown business person that the situation was affecting her behavior in that when she needed to get somewhere downtown, it affected the route she took. He said if it affected someone who was comfortable downtown, someone who was not as familiar or comfortable with the area might stay away altogether. This could affect the business in the area, and perhaps in all of downtown. He thought the City needed to look at legal restrictions on liquor licenses and the selling of cheap liquor. He did not think the shade issue was that important. He said the buildings in the area also provide shade. Mr. Janku thought the business owner would moderate their conduct if they felt their liquor license was in jeopardy.
Mr. Coffman said this location was in the middle of some very nice restaurants with patios. He suggested spending more money by putting in a more attractive barrier, something more in character with the surrounding businesses.
Mr. Campbell said he would be in favor of what Mr. Janku was saying, but taking it one step further by preparing, if necessary, a city-wide ordinance banning certain types of alcohol in the City. He said the people in the area have been asking the Council to do something for years and he thought they should make a good faith effort to begin some of those activities. He thought designing a more attractive fence was fine, but said he thought the City should move ahead and get some action started to determine what would work.
Bryan Ash, an owner of Bambino's Italian Cafe which is directly across the street from The Wall, said it was good to hear the Council was also concerned about the situation. However, he thought there were so many issues being discussed that he was afraid the City would end up doing nothing. He asked that the Council take a first step. He suggested cutting down the trees and transforming the whole area into a nicely landscaped spot. He said not only would shade be taken away, but the area as well would be taken away because no one is allowed to trample flowers or landscaping. Mr. Ash stated perhaps the thorny bushes had been torn out before because the trees were still there. He said if these people rip out the landscaping, they still would not want to hang out in the sun. Mr. Ash said he also liked the idea of addressing the fortified liquor. In addition, he suggested that panhandling be addressed. He pointed out that if people would quit giving these individuals money, they would not be able to purchase the liquor.
Mr. Ash reported the fence option was suggested because Columbia is such a tree friendly town and they did not want to recommend cutting down trees. Regarding increasing police presence, Mr. Ash stated although that was a good idea, the police could not be there 24 hours a day, seven days a week. He said if the City removed the shade aspect and the public property aspect by making the area all flower beds that could not be walked on, the property would be physically changed.
Mr. Campbell asked if Mr. Ash had met with the Kwik Pantry people. Mr. Ash said the group had met with the Manager. Mr. Campbell asked if the sale of cheap liquor had been discussed. Mr. Ash said he could not swear to it, but he had the feeling that the Manager would like to make some changes; however, corporate-wise she was feeling pressure to continue making money. Attempts had been made to convince management how short-sighted it is to look at the profits made from selling Mad Dog 20/20, when perhaps ten times over that amount could be made from the people that are avoiding the area right now because they do not want to be harassed by these people. He knew one of the Managers is as frustrated with the situation as they are, but felt she did not have the authority to make some of the changes. Mr. Ash thought the threat of losing a liquor license was a good idea.
Mr. Coffman asked if Mr. Ash's group had any feelings about a fence. Mr. Ash said they had suggested a green chain link fence because they thought it would look a little nicer. Originally, a wrought iron fence had been considered, but they did not want the area to look like a prison. He said it was their neighborhood and they wanted it to look nice. They felt the green chain link might be an economical medium between wrought iron and plain chain link. Mr. Coffman thought the area seemed so well-established that it might have to be made off-limits for awhile.
Sylvia Tribble, a member of the St. Francis House community, stated that they had considerable experience with this small group of people who are basically disruptive bullies who had interfered with their attempts to care for guests who are weak or mentally ill. She said these people are not allowed to stay at St. Francis House. Ms. Tribble said St. Francis House had been meeting with Probation and Parole in an attempt to add the Kwik Pantry area to the areas of restriction for these individual's parole and probation guidelines. They had also met with Court Services to see if they could keep these people from getting released on their own recognizance right after being arrested. She stated that they were hopeful to begin dialogue with the judges regarding sentencing for repeat offenders. Ms. Tribble stated the police were doing everything they could in the area right now and, if they were going to be expected to spend more time there, they would need to be given the means to do it. Ms. Tribble said their experience with this group is that they are homeless by choice and do not want any assistance offered to help them. She wanted it made clear that this group was not representative of the general homeless population in Columbia. As far as the fortified alcohol, she said they had the same problem with the Kwik Pantry on Rangeline and offered to do whatever they could to be supportive of any action the City might take regarding the sale of it. She said packaged liquor was another problem.
Andy Tribble, another member of the St. Francis House community, suggested that the corporate offices of Kwik Pantry be contacted by the City to let them know about the nature of the problem. He suggested that a long-term fix of the problem was to enhance the programs offered for drug and alcohol treatment and job training.
Tim Rich, Salvation Army, explained that they run two adult rehabilitation centers, one in Kansas City and one in St. Louis, specifically for drug and alcohol treatment. He said the problem individuals at The Wall would not go into treatment willingly, but, if the City could work with the criminal justice system and get the judges to mandate that treatment be part of sentencing for repeat crimes, this could begin to solve part of the problem. He said the treatment centers are free of charge to the individual and would not cost anything except transportation money to get them there. Regarding crime in the area, Mr. Rich said business owners downtown have been trying to capture the criminal activity on videotape. He suggested the police put surveillance equipment in the businesses and apartment buildings to videotape the criminal activity. He said if the activities were viewed in a public place, he felt the tape could become evidence and used to get those people taken off the streets.
Ms. Coble asked what percentage of the arrests had been prosecuted. Chief Botsford said he did not know, but guessed a good many of them had been. Mr. Rich said the charges had all been misdemeanors so the penalties were not very heavy. Ms. Coble said that is why it is necessary to prosecute a couple of times at the misdemeanor level so supervised probation could be mandated, carrying with it location restrictions and treatment requirements. Mr. Rich said it would help if the Council would voice some of their concerns about this to the criminal justice system, the City Prosecutor, and to the judges.
Lana Jacobs of the St. Francis House said that one of the issues that came up in their discussions with Court Services and the Police Department was that a lot of the criminal behavior going on at The Wall was felony behavior, but the only thing these individuals ever get arrested for is open container violation. She said what is actually occurring at this location is prostitution of minors and pimping by the very people sitting there buying alcohol. She said these individuals are victimizing people in major way -- dealing crack and crystal methadone, as well as the prostitution of junior high and high school children.
Mr. Campbell thought the Council should move ahead with cutting down the trees and ask the City staff to redesign the area to make the least possible public space available. He said if it needed to be turned entirely into a parking lot, so be it. Mr. Campbell said he also thought the staff should investigate what other cities are doing about this problem. If need be, he thought the Council should pass an ordinance eliminating the sale of certain types of alcohol.
Mayor Hindman wondered about some kind of injunctive action. He said there may be a whole lot of proof problems that make it difficult, but maybe the police, working with the neighbors and City Prosecutor, could look into not only criminal arrests, but somehow issuing injunctions. He thought the idea of a police surveillance camera was not a bad one. Mr. Campbell said if a camera was installed, it would have to be located high enough where it would not be readily accessible otherwise it would be obstructed by tree limbs or damaged. He said that meant the trees would have to be removed in order to have surveillance.
Mrs. Crockett asked if Chief Botsford had dealt with similar situations in the past. Chief Botsford said he had dealt with these situations more times than he cared to remember. He said it was a problem common to all medium and large cities. He said attractive nuisances located where there is a combination of readily available cheap alcohol and a convenient place to gather, tends to develop into these kinds of problems. He said a camera was a nice thought, but it would cost a lot of money and may or may not give the offenders cause to think about it. He said the police could catch these individuals doing illegal things easily enough without cameras just by patrolling the area all of the time. He said the short-term solution would be easy -- put two or three policemen in the area 24 hours a day, spending a lot of money in the process, and when the police go away the problem would come back. He said that was why he was suggesting the trees be cut down. Chief Botsford said that may or may not guarantee that the problem would be solved, but the less attractive the area is made for these individuals, the more likely they will not gather there. He said they may gather some place else, but maybe not all at the same place so the problem would not be as large.
Mrs. Crockett said since the Police Chief has been through this before, she thought the Council should follow his advice.
Mr. Janku thought the area should be made inhospitable, but did not think the trees should be cut down right now. He wanted to split the issue.
Mr. Campbell made the motion that staff be directed to cut the trees down. The motion was seconded by Mrs. Crockett and failed by voice vote.
Ms. Coble made the motion that, on a short-term basis, staff look at installing a fence and that the Parks and Recreation Department look at some other options for landscaping the area. The motion was seconded by Mr. Coffman.
Mayor Hindman asked if she was proposing something like a chain link fence. Mr. Coffman replied, at least. He said he would not mind seeing, at least temporarily, an ugly temporary barrier to keep it off-limits.
Mr. Coffman asked Ms. Coble if she would accept a friendly amendment to her motion by adding that the City temporarily make the area off-limits and in the meantime consider ways to put up something aesthetic and in the character of this important part of the City. Ms. Coble accepted.
The motion made by Ms. Coble, seconded and amended by Mr. Coffman, was approved unanimously by voice vote.
Mr. Janku made the motion to direct staff to prepare a report on possible other solutions such as any impact the City may have on liquor licenses, the ability to restrict sales of liquors that are believed to be a problem, injunctive relief -- what might be done in the way of asking for court cooperation mandating rehabilitation treatments, maybe looking into the probability of some degree of success with more intensive surveillance of the area through cameras, and zero tolerance prosecution. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
(G) Request to hold
a Concert at Cosmo Park.
Mayor Hindman noted that a letter had been received from Mr. King withdrawing his request due to time constraints. He said the Council would be hearing more about this proposed concert at a later date.
BOARDS AND COMMISSIONS
The following individuals were appointed to the following Commission by the Mayor:
Barfield, Betty Jo, (Knowledge) - term to expire 6/15/99
Blakley, Richard, (Disabled) - term to expire 6/15/99
Breitenbach, Ron L. (Business) - term to expire 6/15/00
Cunningham, Margery L. (Disabled) - term to expire 6/15/98
Dubansky, Bettyann (Disabled) - term to expire 6/15/00
Elmore, Karen Denise (Knowledge) - term to expire 6/15/98
Henson, Lee (Disabled) - term to expire 6/15/00
Morris, Jerry Ray (Disabled) - term to expire 6/15/98
Wagner, Les (Knowledge) - term to expire 6/15/00
Wardin, R. Michael (Disabled) - term to expire 6/15/98
Wax, Kay (Business) - term to expire 6/15/99
Welliver, Christy Marie (Disabled) - term to expire 6/15/99
COMMENTS OF COUNCIL, STAFF AND PUBLIC
Ms. Coble made the motion that staff be directed to prepare a report so a formal City policy might be prepared on whether or not the City pays for personal care attendants for those who serve on City Boards and Commissions, as well as staff and Council members. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
Mayor Hindman said it might be a good idea to run it by the newly formed Disabilities Commission.
Ms. Coble said she knew there had been an earlier discussion when the Special Business District boundaries had been extended to Providence Road. She said there was a stretch of landscaping along Providence Road, particularly that in front of McAdams and Bloomer's, where there still has not been any formal response from the state on whether or not they had any responsibility for the upkeep of the plantings, or if it could be transferred to the City. She asked that the staff check into the situation. Ms. Coble said she had been asked to inquire about the possibility of having parking on only one side of Jefferson Street.
Ms. Coble asked if there would still be a discussion held with those who have interest regarding the potential of a new sidewalk on West Ash. Mr. Patterson said a discussion would be held within the next 30 days.
Mr. Janku thanked the individuals in the Public Works Department who adopted the spot in back of the City building. He thought it looked great.
Mr. Janku noted that when the public hearing was held some time ago regarding the Bear Creek Trail, Waldo Palmer mentioned he thought there was a missing piece between Proctor Park and the Bear Creek Nature Area. He had suggested that the City look into acquiring that piece of property. Mr. Janku asked the staff to look into it. He said there was very little development potential for the area and thought perhaps it might be donated. He said he would like to see what would be involved to make sure the City establishes a link between the park and the trail area.
As areas begin to be annexed along the Perche Creek, Mr. Janku asked if the greenbelt designation would be extended. Mr. Beck said he was not sure the City had a greenbelt plan for Perche, although there is one on the area around the treatment plant. Mr. Janku said when Mr. Vanlandingham annexed his property, he gave the City a wide strip of land for a greenbelt. Mr. Janku thought the Perche Creek was part of the Greenbelt Plan and, with the treatment plant, it could potentially connect with the MKT Trail. Mr. Beck said he would check into it. Mr. Janku said the plan would need to be amended.
Henry Lane, 1816 E. Broadway, commented on B205-97 and B206-97 under Introduction of Bills this evening. He noted a discrepancy in the amounts associated with B205-97. Regarding B206-97, Project 10, Mr. Lane said it showed an appropriation of $210,000, but according to the appropriations statement of the Finance Department, there was an appropriation of $244,121.35. For Project 70, Public Water Supply District No. 1, he said an appropriation of $200,000 was shown, but he said there was a prior year appropriation of $19,000 made in 1996 that was never used. He said the appropriation statement in the Finance Department shows an appropriation balance at this time of $219,000. Regarding Project 46, Mr. Lane said the amount appropriated had been $540,000, but it came in way below that with the expected cost to be $325,000. He said if the City was going to increase appropriations for the various funds that need more money, Mr. Lane thought the City should also be decreasing the appropriation for any projects that do not need the money. His last item was Project 19. He said there was $300,000 shown as the appropriation for it, but that amount had been exceeded by expenditures back in April of this year. As of May 31, his most current figures, a total amount of expenditures plus encumbrances was $392,000, versus the appropriation of $300,000. According to Section 41 of the Home Rule Charter, Mr. Lane said it was indicated there should not be situations where expenditures exceed appropriations.
The meeting adjourned at 9:30 p.m.
Penny St. Romaine
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