M I N U T E S
 CITY COUNCIL MEETING - COLUMBIA, MISSOURI
 MARCH 2, 1998

INTRODUCTORY
    The City Council of the City of Columbia, Missouri, met for a regular meeting at 7:00 p.m., on Monday, March 2, 1998, in the Council Chamber of the City of Columbia, Missouri.  The roll was taken with the following results:  Council Members JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, and COBLE were present.  The City Manager, City Counselor, City Clerk, and various Department Heads were also present.

APPROVAL OF MINUTES
    The minutes of the regular meeting of February 16, 1998, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mr. Janku.

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Upon her request, Mr. Campbell made the motion that Mrs. Crockett be allowed to abstain from voting on R57-98, B70-98, and B71-98.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. Campbell noted that he would be making a motion under New Business for the purpose of placing a resolution on the agenda at the next meeting.  He explained that the Trinity Lutheran Church is planning a major addition to their building, and there is a group of laborers who work for the church on a temporary basis to help in the construction process.  This group is asking for a temporary permit to stay on the property during that time period, and the resolution would allow for that to be accomplished.
    Mayor Hindman noted that R59-98 would be added under Old Business, just above B67-98, pertaining to the sale of revenue bonds.
    Mayor Hindman noted that a request for withdrawal had been received from Mr. Moosmann for B61-98 and R39-98.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mr. Janku.

SPECIAL ITEMS
1.     Resolution of Appreciation - Dick Green
    Mayor Hindman presented Mr. Green with a resolution of appreciation for his 29 years of service to the City as the Director of the Parks and Recreation Department.
    On behalf of the City staff, Mr. Beck thanked Mr. Green for his service and leadership.
    Mr. Green said that Columbia has been a great place in which to live and work, especially with the support given him by the citizens, the Council, and the staff.
    Ms. Coble commented that one of the most profound things an individual can do is to find a job they really love and enjoy working at.  She said Mr. Green had been able to do that -- work really hard while having a good time.  She said that hard work had been to the City's benefit so all residents could have a good time.

SCHEDULED PUBLIC COMMENTS
    None.

PUBLIC HEARINGS
B356-97     Amending Chapter 25 of the City Code as it relates to plat submittal requirements and
                    sidewalks.
    The bill was read by the Clerk.
    Mr. Beck noted that one of the goals of this particular ordinance is to establish requirements for construction of sidewalks along unimproved streets.  After additional review and a Council work session regarding the proposed amendment, Mr. Beck said staff recommends that this issue be tabled indefinitely.  He said it does not mean that staff would not pursue working on the goals of the Council.  One of which is to ensure that sidewalks would be built along all streets in new developments and, if this is not feasible, to attempt and have some type of temporary walkway or sidewalk in place as early as possible to keep pedestrians out of the roadways.  Mr. Beck reported staff is having problems in getting the language worked out that can accomplish the above stated goals, and yet would still be fair to the developer.  The staff plans to meet again with area developers to arrive at some type of method to get these goals accomplished.  Once the amendments are agreed upon, the issue will be presented to the Council at a future work session.
    Mayor Hindman thought the goals are correct, but he could see unintended consequences that he felt would not be fair.  He said this is a difficult issue and thought it needed more review.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mayor Hindman made the motion that B356-97 be tabled indefinitely.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

B51-98     Authorizing installation of traffic calming devices in the Colonial Gardens Subdivision.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that money had been budgeted to put in traffic calmers on streets where speeding problems exist.  He said Colonial Gardens is an area where speeding and increased vehicular traffic is an ongoing problem because soccer fields have been established in Fairview Park.  Some of the increased traffic, going to the soccer fields, has been speeding and creating various other problems.  Mr. Beck pointed out that Mr. Campbell and Mr. Patterson met with the neighborhood groups and developed what would be the City's first traffic calmers.
    Mr. Patterson explained that there are basically four locations where staff proposes improvements to help solve the primary problem in the neighborhood -- speeding.  The first traffic calmer would be located at the intersection of Concord and Yorktown, and would consist of a raised crosswalk to the school property across Yorktown.  Proposed to be incorporated with it is a segment of sidewalk on Concord which will complete a pedestrian network to the school.  Signage would also accompany the improvements to provide adequate warning to oncoming traffic as to the presence of the calming devices.  The second item being recommended is the installation of bulbouts at the intersection of Yorktown and Westport.  Mr. Patterson explained that the purpose of these extrusions is to actually protrude into the traffic lane, which would require an approaching vehicle to slow and veer away from the bulbout.  He said this particular location seems to be the point where there are conflicting traffic movements, and the bulbouts should help control the movements.  Mr. Patterson pointed out that the bulbouts would also have the potential for low vegetation landscaping.  The third proposed item is the installation of a speed table on Westport Drive, approximately half way between Yorktown and the end of the street.  He said it would be well-marked and highly visible.  The last item is a speed bump at the park entrance, which had been requested by the neighborhood.  The cost for the traffic calmers is estimated to be about $13,000, and would be done by force account labor.
    Mr. Beck pointed out that these new standards are being used quite successfully in other cities.  If these work well, he said there are other areas staff could look at installing the devices.
    Mayor Hindman said if the traffic calmers are successful, the City would be receiving many requests from other neighborhoods.  Speeding in neighborhoods appears to be one of the biggest objections Council members hear about.
    Mayor Hindman opened the public hearing.
    Sarah Lang, 1012 Westport, spoke on behalf of the Fairview Neighborhood Association.  She said the problem is twofold, and the traffic calmers address the speeding issue.  Ms. Lang explained that the neighborhood firmly believes the other part of the problem is the number of cars coming through the area.  She said the increased usage of the rear portion of Fairview Park by soccer teams for practicing has been drastic over the four years she has lived in the neighborhood.  She said the number of cars coming down that road, on any given night during spring and fall soccer seasons, is unacceptable.  Many nights, there are several hundred cars coming through the area in a couple of hours.  Ms. Lang said speed is an issue, as is also the number of cars.  She pointed out that the association's original request had been to close off the area being used as a rear entrance, and then establish an entrance off of Fairview.  Because of the cost, Mr. Campbell had told them that was probably not possible.  Ms. Lang emphasized that residents still, wholeheartedly, endorse that possibility.  She reported that Mr. Campbell had been talking to the Park Department about managing the number of teams that actually practice at Fairview on a given night.   Linda Haus, a Yorktown Drive resident, said the entire neighborhood has been affected by the traffic created by the soccer fields.  Mrs. Haus said residents are looking at this solution as a bandage.
    Phil Fichter, 3005 Yorktown Drive, reiterated the volume and speed issues.  What is being proposed tonight would help deal with the speed, but not the volume of the traffic.
    Mayor Hindman closed the public hearing.
    Mr. Campbell agreed the issue of volume needed to be addressed at some point.  He said speed counts had been done, and 40 mph had been the average speed during the hours of soccer practice.  He said signage had been attempted, which simply did not work.  Mr. Campbell understood a report would be coming out shortly regarding the scheduling of soccer fields.
    B51-98 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B56-98     Amending chapter 29 of the code to clarify language pertaining to non-conforming uses.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this issue had been raised by the Board of Adjustment.  He said there were questions as to the clarity of the language relating to the non-conforming use of property, more so than the non-conforming use of buildings.  He explained that the Council had referred the issue to the Planning and Zoning Commission, and public hearings had been conducted.
    Mayor Hindman opened the public hearing.
    Larry Hine, 2505 Primrose, explained that he lives near an existing non-conforming use.  He read from the proposed amendment, subsection (a), "the nonconforming use of land shall not be extended or enlarged, either on the same or adjoining property".  Mr. Hine reported he would prefer that the ordinance be more explicit to read, "not to increase production or capacity".  In other words, to address the increased production or capacity of an asphalt or cement plant.
    Mr. Boeckmann explained that the basic concept of a non-conforming use is associated with a Constitutional right to continue using property as one has been using it.  He said Mr. Hine was talking about increased productivity.  He said one could increase business and, as long as equipment is not expanded, courts generally have tended to allow businesses to do so.  He said this issue is a little more complicated when referring to a quarry, which by its very nature is expanding.  Aside from the enforceability problems, Mr. Boeckmann said if the business could use the same amount of equipment and be more productive, he did not think there was any way the City could legally prohibit it.  Mr. Hine said if one could increase capacity or production with the same equipment, that is understandable.  He questioned when equipment is added, and production or capacity is expanded.
    Ed Sapp, 2605 Creasy Springs Road, spoke about the problems he has had with Boone Quarries.  Mr. Sapp distributed pictures of uncovered trucks and the dust created by them.
    Jim Corrigan, 2311 Winchester, said based on his experience with the Quarry over a period of time, he felt it is very important that the City have definitive rules which spell out what can and cannot be a part of a nonconforming use.  He said volume of business also expands transportation problems, expands dirt (in the case of the Quarry), it creates additional noise, additional blasting, and the kinds of things that disrupts neighborhoods.  He recommended acceptance of the ordinance.
    Midge Pinkerton, 1014 Westport Drive, said she had served on the Board of Adjustment from 1971 to 1976, with her first case being a request from the Quarry for a conditional use permit.  She said if the Council could do anything to restrict or control the use of the Quarry's operations with this amendment, they should do so.
    Mayor Hindman closed the public hearing.
    Mr. Campbell asked Mr. Boeckmann to address the question of enlargement versus expansion.  He wondered if anything could be done beyond what is stated in the amendment.  Mr. Boeckmann said the City could limit the physical expansion, but in terms of a business producing or selling more of their product, he did not think that is possible.  He explained that this amendment is meant to deal specifically with the one issue that had been encountered in the Con-Agg case.  He said the ordinance had not been reviewed to figure out all of the possible devices that deal with nonconforming use, or to ensure the City has the tightest regulations possible.  Mr. Boeckmann stated if the Council wanted that done, he could look into it.
    Mr. Janku said some of the concerns may be addressed by other means than through the use issue.  He said there is conduct, regardless of whether or not the use is expanded, and perhaps this could be regulated in other ways.
    B56-98 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B57-97     Voluntary annexation of property owned by Rangeline Properties located on the east side
                  of 763; establishing permanent zoning; amending land use plan.
    The bill was given second reading by the Clerk.
    Mr. Beck explained this estimated 200 acre tract of land is approximately one-half mile north of Smiley Lane.  The proposed permanent zoning is a combination of M-C, C-1 and O-1.  The Planning and Zoning Commission had voted in favor of the request on a 6-3 vote.
    Mayor Hindman recalled that the owner had originally asked for M-1 zoning on Tract A.  Mr. Bondra said that was correct, but the applicant accepted the Planning Commission's suggestion and changed the request to M-C.
    Mayor Hindman opened the public hearing.
    Skip Walther, attorney with offices at 700 Cherry Street, spoke on behalf of Benton Homes, Inc., and the Columbia Pride Soccer Club.  He said there is no question that there is a demand for industrial property in Columbia.  Because of the health care, education, and insurance industries, Mr. Walther said the community has been relatively recession-proof for many years.  As such, the City has not had to depend upon industrial developments for its economic well-being.  This proposal would satisfy the demand for industrial property by providing a significant increase in the supply Columbia has to offer, but his clients are opposed to the request.  He said the tract in question is surrounded by some industrial property, but there is also a great deal of dense residential in the area.
    Mr. Walther explained that his client has a manufactured home commercial business on 763, and Shalimar Gardens, a residential subdivision, is located behind it.  Mr. Walther also described the locations of Arcadia and Derby Ridge subdivisions, the new schools in the area, the locations of the Columbia Pride Soccer Park and the Boone County Jail, and the location of a tract of land the Columbia Diamond Council has leased from Boone County to be developed for baseball purposes.  His point is that the area has seen explosive growth in residential use.  In addition, Mr. Walther said 763 is a very heavily traveled two-lane road.  With industrial property, truck traffic would only increase.  He said if the Council believes that additional industrial property is needed at this location, consideration should be given to a controlled or planned zone for this particular development.  Mr. Walther explained that the County has a planned industrial classification, and suggested it might be time to consider one for the City as well.
    Ron Shy, 5600 S. Highway KK, spoke on behalf of Rangeline Properties.  He said there had been some discussions at the Planning and Zoning meeting regarding buffering along 763.  He noted that the M-1 request had been reduced to M-C by the applicant after some of the Commission members felt there should be some commercial along 763.  Not shown on the overhead is a layout for a road system for the property in question, and the tract to the north of it.  Mr. Shy did not know how else one could possibly buffer along 763 unless commercial zoning is designated at this location.
    Larry Benton, 2900 Chinaberry Drive, developer of Shalimar Gardens Subdivision, asked the Council to deny the industrial zoning.  He said when Shalimar Gardens had been planned, he looked at the long-range plans for the area.  A couple of years ago, a company tried to get this land rezoned to industrial, and the County had denied this request.  Mr. Benton said because of the tree ordinance and with the intention of annexing into the City, this developer has cut down a lot of trees to clear the land.  He said this type of company should require a more restrictive zoning than what the City currently has.  Mr. Benton thought if the property is annexed into the City, it should be kept residential.
    Mrs. Crockett asked what Mr. Benton's property was currently zoned.  Mr. Benton said his mobile home sales was in commercial zoning.  He said with a road like 763, commercial zoning is expected along the land adjacent to it.
    Mr. Janku asked if the open commercial adjoins the single family area (Shalimar Gardens).  Mr. Benton said Shalimar Gardens has a setback of about 400 feet from the road.  Mr. Benton gave the Clerk a petition from some of the people living in the subdivision.
    Mayor Hindman closed the public hearing.
    Mr. Campbell said between this bill and the next, there are 319 acres of industrial property being proposed for annexation tonight.  He said that would shape much of the area, and thought the Council should proceed with due caution. He agreed with Mr. Walther in that the City does not have the most appropriate zoning available -- a controlled zone.  On the other hand, having commercial zoning adjacent to industrial may be a fairly good zoning transition.  Mayor Hindman, however, expressed concern about the relatively large amount of industrial zoning being so close to residential areas.
    Mr. Kruse asked about the difference between the City's M-C category and the County's planned industrial.  Mr. Bondra said the County's M-L, in terms of allowed and intensity of uses, lies somewhere between our M-1 and M-C zoning classification.  He said there may be some kind of plan requirement, but he was not sure.  He said the County's M-L zone was less restrictive than the City's M-C in terms of the uses.  Mr. Kruse asked if the City's M-C zoning has any landscaping requirements, other than the requirements that would apply to any industrial facility.  Mr. Bondra said it requires that any outdoor storage be screened.
    Mr. Campbell asked if the County required a plan for M-L.  Mr. Watkins said it did not.
    At the time Arcadia was developed, Mr. Janku asked if there had been some type of acquisition.  Mr. Shy said there had been some acquisition of the area behind the M-L, below the subject tracts.  He said it was subsequently sold off as an R-2 development.  He said the C-P area above it is the area where the soccer fields will be.  He pointed out an arterial road that is to go over to Oakland Gravel.  Mr. Janku thought Arcadia had worked to create a buffer with the R-2 because the developer realized there was a potential problem.  Mr. Shy said it had been decided R-2 zoning would be the best buffer in this instance.
    Mayor Hindman said it was his impression that the eventual fate of this area would be essentially industrial.  He said much of the commercial zoning is close to industrial in and of itself.  He said it is true the City needs industrial property and this seemed to him, in many ways, the logical way to resolve that problem.  Mayor Hindman said that most modern industrial areas are reasonably attractive.
    Regarding traffic, Mr. Campbell asked about the traffic plans for accessing this site.  He wondered if the traffic would be more likely to come off Route B and then down Blue Ridge.  Mr. Beck said there is another road projected, and asked Mr. Patterson to describe the east/west road.  Mr. Patterson said he believed Mr. Beck was referring to the extension of Brown School Road over to the intersection of 63 and Oakland Gravel.  He said this had been discussed at the last meeting, and it would be a major revision to the intersection that would cause it to become a through street.  Mr. Patterson reported all of the discussions staff has had about the development plans associated with the Arcadia project have been to assure that an arterial street is established in an east/west direction from that intersection.
    Mrs. Crockett agreed with Mayor Hindman in that there have been discussions regarding the need for more industrial land.  She said not too long ago, 763 was Highway 63 -- and it handled a lot more traffic than what occurs today.  She is in favor of the zoning request.
    Mr. Janku said there are certain restrictions in the zoning ordinance dealing with the lot size for M-C zoning.  He felt that would help create a more quality development, and the 400 foot buffer was significant for the residential mobile home area.
    Mr. Kruse said he had decided to vote in favor of the request, but was hopeful that a lot of trees had not been removed to avoid the tree preservation ordinance.
    B57-98 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  COBLE.  Bill declared enacted, reading as follows:

B58-98     Voluntary annexation of property owned by George Spencer, et. al., located on the east
                  side of 763; establishing permanent zoning; amending land use plan.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that M-1 zoning (general industrial) is proposed for 108.04 acres, and M-C zoning (controlled industrial) is proposed for the 34.12 acres.  He said the Planning Commission approved the request on a 6-3 vote.
    Mr. Bondra noted that M-1 zoning had been the original request for the entire tract, but the Commission had particular concerns about the area to the north and along the east side of the property, adjacent to residential uses.  He said the Commission's recommendation had been a 400 foot buffer of M-C.  He said the applicants had agreed to the Commission's recommendation.  Presently, most of this tract is zoned county M-L.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B58-98 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B59-98     Annexation of property owned by the City located on the east side of 763.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this involves two small tracts of land that the City acquired as part of the merger with Public Water District No. 1.  He said if the property is not annexed, the two tracts would create an island.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B59-98 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B60-98     Rezoning property located at 701 West Sexton Road from R-2 to O-P.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that approval had been recommended on a 5-2 vote by the Planning Commission.  He said the use of the property is to be limited to R-2 uses if it is not used for a day care center.
    Mayor Hindman opened the public hearing.
    Linda Wilson, 9641 Plum Woods Road, owner of the property, offered to answer any questions.
    Ms. Coble asked if any of the neighbors had commented on the rezoning to Ms. Wilson.  Ms. Wilson said there had been no negative comments.
    Mayor Hindman closed the public hearing.
    Ms. Coble said she had not received any calls about people being concerned about this rezoning request.  Over the past several years, however, she had received complaints from people looking for extra day care in the City, and this project would meet a need.
    B60-98 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

(A)    Construction of Hinkson Creek Trail Phase 1.
    Item A was read by the Clerk.
    Mayor Hindman read the following statement:

    Mr. Patterson explained that The Hinkson Creek Phase I project extends from Old 63 westward to Capen Park.   He said it was being funded by ISTEA Enhancement funds and the public hearing process is therefore strictly governed by those regulations.
    Mr. Patterson stated the project will begin at the parking lot just west of Old 63, and will extend south and immediately cross Grindstone Creek.  The project is approximately one mile in length and will be restricted to pedestrian and bicycle activities.  The trail, which will have a crushed aggregate surface, will be 10 feet in width, as will the two bridges across the creek.
    The trail will generally follow the Grindstone Creek, through the Grindstone Nature Area, and will have two bridges -- one over Grindstone Creek near the east end, and one over Hinkson Creek near the west end. Several alternate alignments were identified as locations for creek crossings.  It is felt the designated creek crossings are at the optimal areas considering hydraulics and other physical features.  Mr. Patterson displayed the location of the stream crossings on the overhead.
    Mr. Patterson reported a high priority in locating the trail alignment was to minimize any negative impact on the surrounding environment during construction.  This project is being designed by Allstate Consultants, and they have been in contact with representatives of Boone and surrounding counties to determine if a former highway bridge, or bridges, could be recycled and used on this project.  One or two leads are being pursued at this time; however, it is unknown if this effort will prove to be successful or economical.  Mr. Patterson stated if likely candidates can be identified and time lines can be worked out (as this has to be obligated by September of this year), staff will offer as an option the use of a designated existing roadway bridge to be disassembled, brought on-site, and reassembled as an alternate compared with a new premanufactured bridge designed for pedestrian travel.
    Mr. Patterson said a cultural resource assessment for  this project has been performed, and the preliminary reports have been reviewed.  He said it did not appear that there will be any culturally significant sites disturbed or any federally regulated wetlands.  However, it did appear there would have to be careful observations in certain areas during excavation with the possibility of having on-site inspection throughout the project.
    Mr. Patterson noted that this trail is in accordance with the Parks and Recreation Master Plan and Open Space Plan dated September 1994.  This project, when combined with Hinkson Creek Trail Phase II and other work being done by the University of Missouri, it will provide a pedestrian corridor from Old 63 Highway, along the Grindstone and Hinkson creeks, to the MKT trail near the UMC golf course.  He pointed out that there will be no businesses or persons displaced by this project, and no relocations will be necessary.  All applicable federal guidelines will be followed in conjunction with the design and implementation of this project.
    Mr. Patterson stated the City will prepare a verbatim transcript of tonight's proceedings, and will accept written statements for a period of ten days following the public hearing.  The transcript will then be sent to the district engineer and project approval will be requested.  Preliminary plans are complete and are being reviewed by Missouri Department of Transportation personnel. Since the project is entirely on City owned property and no right of way acquisitions will be necessary, it is anticipated that construction activities could occur during the late summer months of this calendar year.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Kruse commented that the Council should not take the lack of public input this evening as an indication that there is no interest in this project.  He said there is tremendous interest regarding all of the City's trail projects.
    Mayor Hindman agreed and said he was excited to see the project move forward.
    Mayor Hindman made the motion that staff proceed with the project.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

(B)     Street construction on Alan Lane from McKee Street to its eastern terminus.
    Item B was read by the Clerk.
    Mr. Patterson explained that this hearing is for the purpose of determining the necessity of reconstruction of Alan Lane, from McKee Street eastward.  Alan Lane is a local residential street approximately 635 feet in length.  The existing roadway is an asphaltic concrete pavement with chip and seal approximately 14-16 feet in width, located in a right-of-way that varies from 40-45 feet in width.  Roadside ditches and driveway culverts exist along both sides of the street.
    Mr. Patterson said the road is generally in poor condition.  This street reconstruction project was initiated through a petition submitted by one of the property owners, who represented 61% of the total abutting footage along Alan Lane.  This individual was in the process of subdividing the southern side of Alan Lane into additional lots, and has requested a tax bill street improvement project.
    Due to the existing right of way width and the proximity of improvements to the right of way, Mr. Patterson reported that construction of a standard 32 foot wide street with sidewalks on each side would be very difficult and expensive, and would also have a very negative impact on abutting properties.   Staff considered two alternate design sections for Alan Lane.  The first was the standard 32 foot wide residential street with no sidewalks.  The second was a 28 foot wide curbed and guttered roadway with a four foot wide sidewalk, located two feet behind the curb along the north side of the roadway.  Due to additional grading and excavation in the yard areas and additional removal and replacement of driveway pavement, there would be an estimated additional cost of approximately $7,000 to include the sidewalk, even with the more narrow street. There are no other sidewalks currently along McKee Street or other portions of Alan Lane.  However, Mr. Patterson said the staff does not feel that having a more narrow street at this location will be detrimental to the adjacent properties or to the general public, and would recommend a 28 foot wide street with a four foot sidewalk located on the north side.  It is also recommended that a temporary cul-de-sac be constructed on school property at the east end of Alan Lane.  The temporary turn-around will allow for refuse trucks and other large vehicles to maneuver, and could be removed in the event Alan Lane is extended further eastward with some future development plan of the school district property.
    During the preliminary design process, Mr. Patterson noted that the staff had been in contact with most of the property owners and had sent a letter seeking input from all of the property owners.  Most of the concerns that are related to the design of the project have been accommodated but, there are still significant concerns by some property owners with regard to the financial impact and the removal of trees along the street. He explained that with either design alternative, there will be approximately 19 trees removed.  The trees are, for the most part, located within the existing street right of way, but many are of substantial size.  The re-planting of trees will be part of the project development, but obviously will not be of a similar size to the original trees.
    Mr. Patterson stated that the resolution estimate is $127,000 for the 28 foot wide street with a sidewalk, with funding coming from the annual street section of the Capital Improvement Program (CIP) and the remainder, or approximately $34,700, from special tax bills levied and assessed against the adjacent properties.  The maximum tax bill rate charged to the adjacent property would be $29.36 per abutting foot.
    If Council decides to proceed with construction of the road, it will be necessary to have another public hearing after completion to determine special benefits accruing to the adjacent properties.  Some of the possible benefits to be considered include the following:

1.     The new curbing improves the appearance of adjacent property and provides for better stormwater runoff
        control.
2.     With the reconstruction of the street, new driveway entrances will be provided improving the access to the
        properties.
3.     The sidewalk will provide improved pedestrian safety for residents and property owners in the area.
4.     The new street surface will provide for more efficient snow removal and street cleaning.

    After receiving public input, Mr. Patterson said if the Council wishes to proceed, a motion should be made directing staff to complete necessary documents for bidding the construction of the project.
    Mrs. Crockett remembered there being some stem lots off of Alan Lane.  Mr. Patterson said that was correct.  Mrs. Crockett asked how those lots would participate in the costs associated with this project.  Mr. Patterson said these individuals would only participate to the extent of the frontage abutting the property.  He said there are three stem lots with very narrow stems extending up to Alan Lane.
    Mr. Campbell asked if the three lots, as well as the lots facing the street, were under common ownership.  Mr. Patterson believed they were.  He said they were either under single ownership or under a corporate ownership that was purchased from a single seller.
    Mayor Hindman asked if he understood that 61% of the frontage was held by one ownership at the time the petition was received.  Mr. Patterson said that was correct.  He said since that time, the property on the south side has been subdivided with the stem lots.  He said staff had not heard anything about withdrawing the petition.  Mayor Hindman said if this were a new subdivision, the developer would be responsible for the costs associated with constructing the streets.  Mr. Patterson said that was true.  Mayor Hindman said the actual percentage the property owner will pay for this street project would be about 30%.  In this case, Mr. Patterson said less than 30% of the total cost would be paid by tax bills.  Mayor Hindman said it looked like a situation where someone can get the City to pay for streets in what is effectively a new development.
    Mr. Janku said he was not sure that it was any different from any development along an unimproved street.  The Council decided this is an issue that should be reviewed.
    Mayor Hindman opened the public hearing.
    Karla Crockett, explained that she is the owner of the property on the corner where Alan and McKee intersect.  She said her property contains 155 feet of frontage along Alan Lane.  Ms. Crockett said when she bought the property in June of 1996, the current property owner, Mr. Martin, tried to get the City to upgrade the street.  This had occurred before Ms. Crockett signed the contract on her house, and she was told the request had been denied.  Two weeks after signing the contract, she found out that the request had actually been approved.  She had never been informed that the City was giving consideration to upgrading the street, nor had the person from whom she purchased the property.  Ms. Crockett was under the impression that Alan Lane was privately owned by the Perkins family, which is also indicated on her abstract.  Since then, she found out that the City was able to obtain the road in 1982.  In addition, Ms. Crockett learned that Mo Sidra had purchased all the property on the south side of the road from Mr. Martin.  She said the lifestyle of the tenants occupying his properties very much affects her level of comfort as many of his tenants are unemployed, and they drive up and down the road all hours of the day and night.  Ms. Crockett also had concerns about a drain shown in the plans that would be located in front of her driveway.  Because the one end of the street is not far from Ballenger Lane, Ms. Crockett hoped the Council would relieve some of the volume of traffic by providing those residents another outlet.
    Mr. Janku asked Ms. Crockett about her tax bill.  Ms. Crockett said if she had the cash to pay it up front, it would cost her a little more than $6,000.  Since she cannot afford to do so, it would cost her somewhere in the neighborhood of $10,000 because of the interest associated with the ten year plan.  Ms. Crockett said that was one-quarter of what she paid for her property.  Mr. Janku asked staff if Ms. Crockett's property was a through lot that would be subject to some relief.  Mr. Patterson said this is a corner lot and would not be subject to any reduction.
    Ms. Coble asked about the driveway issue.  Mr. Patterson said the plans showed an inlet along the property, but it did not appear to be where the driveway or garage is located.  He said the drain is located more toward the intersection of the street.  His understanding was that staff had been talking to people about design considerations, which could be accommodated; however, there had still been concerns about the costs associated with the project that staff was not able to address.  Ms. Crockett said that a staff member had informed her that if the sidewalk was put in along the north side of the road, the right-of-way would be butted up against her house in order to have the correct amount of footage for curbs and gutters.  The drain tile would then be in a portion of her driveway, and she would lose the corner of her property in opening the right-of-way.  Ms. Coble asked if that is the case if a 32 foot wide street is constructed as opposed to the reduced 28 foot street.  Mr. Patterson explained that what staff had done was to crowd everything as far to the north as possible between Ms. Crockett and the Pinell property.  He said it is not that the street is being pushed to the south against the property line, but it is that Ms. Crockett's house is on the property line right now.
    Mr. Campbell asked if that is also true when considering a 28 foot wide street.  Mr. Patterson said it was.  In addition, if there is very much traffic at this location, parking restrictions will also have to be considered.
    Mayor Hindman asked about going through to Ballenger Lane.  Mr. Patterson explained this is school district property, and staff has been in contact with them.  At this point, the District has no plans for development.  Mr. Patterson thought they were working on some master planning, but there are no immediate plans.  At this point, staff is trying to arrange for a temporary cul-de-sac so residents would at least have a turn-around.  Mr. Patterson said it would be difficult to force a street through without having some plans for development.
    Ms. Crockett said there are not any other streets, except for the newly developed streets off of Clark Lane, that have curb and guttering and sidewalks.
    Mayor Hindman closed the public hearing.
    Mr. Janku said generally everyone is in favor of street improvements, but this is one case where he could not support it.  He said there are streets in his ward that he would consider to be a much higher priority for $100,000 worth of public funds.  In addition, Mr. Janku had recently mentioned that the City needed to look into the interest rate on tax bills.  He said he will have to vote against the project.
    Mayor Hindman said the public treasury gets hit awfully hard by current policies, and he did not know exactly what to do about it.  He said the City wants to encourage good streets, but this would be less than 30% of private funds going into it.  He said he could not support it.
    Mr. Campbell reiterated what the speaker had said about this being a street going to nowhere.  If this were part of a network, it would be a different matter.  This improvement would basically benefit one developer, and Mr. Campbell did not see it as a wise use of public funds.
    Mrs. Crockett said she intended to vote against the project because it is not benefitting many people for the amount of public money involved.  With the funding that would be spent for this project, a through street could be constructed in an area of the City that would benefit a lot more people.  She also thought the City needed more information on the school district's plan for their property in this location.  At that time, perhaps something could be done in conjunction with the District's project.
    Mr. Campbell made the motion that the City NOT proceed with the project.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

(C)     Street construction on Conley Road from I-70 Drive SE to the northern terminus.
    Item C was read by the Clerk.
    Mr. Beck explained that some time ago, a petition regarding construction on Conley Road had been presented to the Council.  Since then, policies have changed so that the City would not have to pay a substantial portion of construction costs when the street primarily serves the abutting property owners.  Mr. Beck asked Mr. Patterson to explain the project and note the benefits to the abutting property owners.
    Mr. Patterson explained that this public hearing is to determine the necessity of re-constructing Conley Road from I-70 Drive Southeast to the northern terminus.  The existing roadway is an unimproved street, primarily asphaltic concrete, approximately 425 feet in length and is located within a 50-55 foot right of way.  There are no sidewalks along this section of Conley Road.  Comfort Inn, MFA Breaktime, and a vacant lot north of MFA Breaktime all derive access from this roadway.  Mr. Patterson reiterated that the street is classified as a local non-residential street. The design standards for a local non-residential street are the same as a collector street. However, it is proposed that Conley Road be constructed to a 32-foot wide roadway rather than the 38-foot wide roadway. The additional thickness will be provided due to the anticipated heavier loading of vehicles using the street. The 32-foot street will allow room for a sidewalk along the west side of the roadway for the entire length.  Improved driveway approaches and intersection improvements at the south end are also part of the project.
    Mr. Patterson explained that this project was initiated when a petition for tax bill improvements was received by the City Clerk on November 12, 1996.  The petition was signed by two of the three abutting property owners, representing approximately 93% of the abutting footage. Staff was unable to recommend proceeding with tax bill improvements on Conley Road due to the cost to the City for what was perceived as a limited public benefit.  A change to the City Ordinances was presented to the City Council and approved on February 2, 1998, which provides that the cost of improvements to a local non-residential street, such as Conley Road, may be tax billed entirely to the adjacent property owners.
    Mr. Patterson noted that the resolution estimate is $83,500, with payment for this work being proposed from special tax bills levied against the adjacent properties at a rate not to exceed $92.00 per abutting foot, and from quarter percent sales tax funds.  The tax bills are expected to generate approximately $73,500 from abutting properties. He said the remaining cost of approximately $10,000 will be borne by the City of Columbia from the quarter percent sales tax funds.  The costs borne by the City include engineering design costs and intersection costs at the south end, which are increased slightly more than normal due to the extra width of right of way.
    Mr. Patterson said if the Council decides to proceed with construction of the road, it will be necessary to have another public hearing after completion to determine special benefits accruing to the adjacent properties.  Some of the possible benefits to be considered include the following:

1.     The new curbing improves the appearance of adjacent property and provides for better stormwater runoff
         control.
2.     With the reconstruction of the street, new driveway entrances will be provided improving the access to the
        properties.
3.     The sidewalk will provide improved pedestrian safety for residents and property owners in the area.
4.     The new street surface will provide for more efficient snow removal and street cleaning.

    If after receiving public input the Council wishes to proceed, Mr. Patterson said a motion should be made directing staff to complete necessary documents for bidding the construction of the project.  He said staff has completed the design of the project and it is ready to go.
    Mr. Campbell asked Mr. Patterson to explain why the City was paying $10,000 toward the project.  Mr. Patterson said part of it is the engineering cost, but there is also a cost associated with the City's responsibility to pay all public intersection costs for any street.  The extra area on the south end of Conley Road, within the intersection, would be the City's responsibility.
    Mayor Hindman opened the public hearing.
    Kurt Kirtley, MFA Oil representative, said they had been unable to secure financing from the other parties.  He said they would prefer to construct the road privately because it would be cheaper, but were unable to do so.  He felt the project would be an improvement to the City and asked that plans proceed.  Mr. Kirtley considered this area a highly visible entrance to the City.
    Mayor Hindman closed the public hearing.
    Mr. Campbell made the motion that the Council direct the staff to proceed with the project.  The motion was seconded by Mrs. Crockett and approved by voice vote.

(D)     Sidewalk construction along Berrywood Drive, Worley Street and Business Loop 70; a
          pedestrian bridge to the north side of Smiley Lane bridge over Bear Creek.
    Item D was read by the Clerk.
    Mr. Patterson explained that this public hearing is to determine the necessity of construction of sidewalks in specified locations in Columbia.  This is an annual program to construct sidewalks in areas of need, and to fill in gaps to existing sidewalk networks.  Of the  projects listed, he said none are subject to tax-billing.  However, in addition to the sidewalks being considered tonight, staff is sending out letters to several property owners along the west side of Bethel Street (between Forum Boulevard and Southampton Drive), and along the north side of Business Loop 70 (between Garth Avenue and Parkade Boulevard), requesting that these individuals construct sidewalks along their property to fill in gaps to provide for an adequate pedestrian sidewalk system.  Some of these walks are a part of development responsibility, and in the event sidewalks are not constructed this summer, staff will be setting another public hearing to assure that walks are built next year.
    Mr. Patterson explained that the sidewalks being discussed are along the south side of Berrywood Drive from Keene Street to Arbor Drive; along the north side of Worley Street from Fairview Avenue west 300 feet; along the south side of Business Loop 70 from Providence Road to Seventh Street; and, a pedestrian walkway along the north side of the bridge on Smiley Lane over Bear Creek.
    Mr. Patterson noted that the Berrywood Drive sidewalk would connect the system within Woodridge Subdivision with the sidewalks on Keene Street, and would service the City park adjacent to Woodridge Subdivision.  The overall length of this project is 1,650 feet with an estimated cost of $40,000.  Since this project is shown in the 1996 Sidewalk Master Plan, the total cost for construction would be borne by the City.  This is a fairly easy sidewalk to construct and only one or two trees will have to be removed along the hospital property.
    The sidewalk on the south side of Business Loop 70 from Providence Road to Seventh Street will create a walk by Hickman High School in a high traffic volume area along state right of way.  The length of this project is 1,250 feet and a permit from MoDOT will be required.  No major obstructions to the construction of the sidewalk exist; however, the sidewalk may have to be meandered in order to avoid major utility poles.  At least one driveway approach will have to be removed and replaced. The estimated cost is $35,000.  This sidewalk is listed in the 1996 Sidewalk Master Plan and is also shown in the current budget as a FY98 project.
    Mr. Patterson explained that the West Worley Street project is approximately 300 feet in length and will close the sidewalk gap on the north side of Worley Street.  The City recently accepted the donation of property adjacent to Worley Street, along which this sidewalk will course.  This tract was given to the City in return for the construction of a sidewalk at this location.  For that reason, the City will pay the estimated cost of $6,500.
    A pedestrian bridge on Smiley Lane over Bear Creek is recommended to allow the completion of the sidewalk network along the north side of Smiley Lane and the west side of Oakland Gravel Road.  The estimated cost for this work is $29,500.  Mr. Patterson said the staff is contacting property owners in the area advising them of the City's intent to construct this pedestrian bridge, and asking them to complete their sidewalk systems.  However, sidewalks along the adjacent property east of Bear Creek along the north side of Smiley Lane, and also along the west side of Oakland Gravel Road immediately north of Smiley Lane, will need to be delayed due to the planned Oakland Gravel Road construction project.  The storm drainage pipes required for Oakland Gravel Road would disrupt any sidewalks constructed in advance of this improvement project.
    Mr. Patterson reported it would appear only very minor construction easements will be necessary in order to construct these sidewalks, and it is felt that construction could begin during the summer and early fall months of 1998. The resolution estimate for this work is $111,000, and payment is proposed from Community Development Block Grant (CDBG) funds in the amount of $35,000, and the remaining $76,000 from local funds.  The CDBG funds are to be used for the sidewalk on Business Loop 70 in front of Hickman High School.
    Mr. Patterson said that staff recommends approval of the projects and, if after receiving public comment Council concurs, a motion should be made directing staff to proceed with preparation of final plans and specifications.
    Mr. Janku asked if the hospital was not responsible for the sidewalks on Berrywood because the street was unimproved when it was built.  Mr. Patterson said it was due to the non-requirement of sidewalks at the time the hospital was platted.
    Mrs. Crockett asked if the staff followed-up from year to year to ensure that property owners are completing gaps in walkways after receiving notification from the City to do so.  Mr. Patterson said those that are brought to the Council and staff is directed to proceed with are followed-up on.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Janku knew the Council is planning to review the issue of platting versus building, but it struck him tonight that a major traffic generator, an institution like the hospital, is basically getting a sidewalk paid for as if it were a residential homeowner.  He said this creates a disparity, and if public funds are allocated to try to get as many sidewalks for the buck as possible, this might need further review.  As the City goes back and fills in gaps around the community, there is a lot of commercial and high dollar property, and property that generates a lot of traffic, that will be receiving the same benefit as a single residential homeowner.
    Regarding the Business Loop sidewalk, Mr. Kruse asked how close the walk would be to the street.  He wondered if it could be constructed 10 to 12 feet away from the street.  Mr. Patterson was not sure the sidewalk could be built that far away, but the minimum would be four feet from the street and a six foot wide sidewalk would be attempted because of the current street width.  He said the design had not yet been completed, but he would get the information.  Mr. Patterson said staff is aware of the need for separation due to safety concerns.
    Regarding the letters sent to property owners, Mr. Kruse said there was mention of one being sent along the west side of Bethel between Forum and Southampton.  He said staff must have meant between Nifong and Southampton.
    Mr. Kruse said he had just received a note about a sidewalk gap on the south side of Southampton, just east of Forum.  He asked if a letter could be sent on that one as well.
    Regarding the Business Loop project, Mr. Janku said there is really only one small gap left, and it is located between Hickman High School and Rangeline.  He said it is the property where Auto Zone is located.  He asked if staff could look at incorporating a sidewalk into this project, or getting the Auto Zone to build it.
    Mr. Kruse made the motion that the staff be directed to proceed with the projects.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

 (E)     Voluntary annexation of property owned by Mike S. and Tammy K. Wulff located at 2711 Mill
           Creek Terrace.
    Item E was read by the Clerk.
    Mr. Beck said this was an approximate 3.7 acre tract of land with one single family residence on it.  The family is requesting connection to City sewer and, according to current policy, that would involve annexation.  The applicant is requesting A-1 zoning.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mayor Hindman noted that no action is required and that an ordinance would be introduced under New Business.

OLD BUSINESS
B47-98     Amending chapter 14 of the code to remove existing parking restriction on the west side of
                  Clarkson Road.
    The bill was given second reading by the Clerk.
    Mr. Beck said this would remove the prohibition of parking from 2:00 a.m. to 10:00 a.m.  With additional parking garages for student use, this should alleviate students parking on the street.
    Mr. Kruse said most people in the neighborhood support this amendment, but a few do not because of concerns regarding fraternity parking.
    B47-98 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B49-98     Authorizing Change orders; approving engineer's final report for the construction of Tenth
                  & Cherry parking garage project.
    The bill was given second reading by the Clerk.
    Mr. Beck said this report would officially accept the work done on the garage and approve the change orders.
    Mr. Patterson said in looking at the amount of the change orders on a project of this size, he thought the City had received a very good product for the money.
    B49-98 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B50-98     Authorizing acquisition of the Turner property for landfill buffer.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this tract of land is located between the landfill and Hinkson Creek.  This property would not only provide a buffer for the landfill from future development to the west, but would also provide property to relocate the maintenance facility at the landfill, and possibly a resource recovery facility -- if the Council decides to proceed with such a facility.
    B50-98 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B63-98     Authorizing acceptance of Law Enforcement Block Grant for purchase of police
                  equipment; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this is a $101,667.00 federal law enforcement grant and the City would have to provide up 10% of the local match.  He said the grant is to be used primarily for equipment, mainly video and camera equipment.  There is a condition that there be a committee that work with the grant, and those members are named in the report.
    Ms. Coble asked about the line item of $8,370 for the $270 cameras.  She asked if these would be purchased through the special Polaroid contract.  Deputy Chief Veach said he was not sure the cameras were Polaroids.  He thought they were 35 mm point and shoot.  Ms. Coble pointed out that those cameras can be purchased below cost through the Department of Public Safety, as the film could be also from Polaroid through a special national program.  Deputy Chief Veach said he did not know if the Department knew that.  Ms. Coble said she had brought it up last year.  She further explained that the department would get four shots in one so there are prints for tracking, i.e., for files, for in-house, for warrant service, and for prosecution.  She said that would have been a cost savings that would have allowed funding for other types of items.
    Ms. Coble asked what type of information had been provided to those who served as the citizens review committee.  Deputy Chief Veach explained that this grant is also partially serving the Boone County Sheriff's Department, and both entities met with the group to review what the agencies felt were the best items to purchase with the grant monies.  He said agencies are notified up front about the amount of money they will be receiving, and then the agencies decide how to best spend the money.
    Ms. Coble reported there is a lot of new community policing money available in the state and at the federal level.  She said while she realizes this grant is a revision of sorts to what came through last year, she was not sure the public gets as good of a chance to provide input to the spending by having a judge, the prosecutor, the assistant superintendent, a sheriff, and a captain from the police department making those decisions.  She said there was only one citizen from the Crime Stoppers Review Board involved.  She said there are a lot of organized neighborhood groups and folks throughout the City that would have very justifiable and helpful information to provide the City on  determining how to go about applying for grants for federal and state dollars.  Ms. Coble was also concerned that there are some other sources for public money, where some of this equipment could be obtained at a lesser cost.  She said she is in favor of the grant, but thought these were the kinds of issues that could be addressed through a broader public base.
    Mr. Beck said the staff would forward Ms. Coble's remarks to the Department for follow-up.
    B63-98 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

R59-98     Confirming the sale of water and electric revenue bonds in the amount of $28,295,000.
    The resolution was read by the Clerk.
    Mr. Beck explained that this is a follow-up to the ballot issue approved by the voters on April 1, 1997, wherein funding will be made available for capital improvements.  He said the capital improvement plan is in place and has been approved by the Council after appropriate public hearings.  He noted that much of the work approved by the ballot issue had been completed, and part of the funding used to conclude those projects would be put back into the reserve fund.  Mr. Beck reported the City had received five excellent bids for the revenue bonds, and he saw that as an indication of how well the Water and Light Department and the City government is viewed nationally by rating firms and, most importantly, by investors.  Mr. Beck pointed out that paying off these bonds will not be associated with any property tax, but would actually come from the water and light bills paid by the customers of the electric utility.  He noted that he had received some calls from people wanting to purchase these revenue bonds.  Fortunately, Mr. Beck said the competitive bids showed local investors, Prudential Securities, Inc. as low bidder with a 5.053%.
    Amelia Bond, Financial Advisor with A.G. Edwards & Sons, said the City had received bond ratings from both Moody's and Standard & Poor's, with Moody's being an A1 and Standard & Poor's being AA.  She said that was a very high, solid bond rating.  She said their comments related to the economic stability of the City, as well as to the customer base of the water and electric utility.  Ms. Bond said these firms suggested and recognized the very favorable financial trends of the water and electric department, specifically relating to the debt service coverage (net revenues available to pay debt service).  Ms. Bond said the firms had discussed an upgrade on rating, but the main reason the City did not receive an upgrade was because of the uncertainty relating to deregulation of the electric utility industry.
    Lori Fleming said staff recommends the bid be awarded to Prudential Securities, Inc., the low bidder.  She explained the investor group that came together to purchase the bonds, and said these are the businesses citizens could contact in order to purchase the bonds.  Ms. Fleming said the City had been fortunate to go in the market at a time when the rates are quite low.  She displayed graphs and explained them.  She stated that a portion of the bond issue was a refinancing of the City's outstanding bonds.  The portion of the refinancing was $5.535 million, and the cumulative savings, through the year 2013, is $317,000.  Put to a net present value, Ms. Fleming said that was the $270,000 number which represents 5% of the original issue cost.  She pointed out that is a very good number.
    Mr. Malon reported that the finance plan the City has been following for capital improvements has worked very well.  He said people who use the system in future years help pay for improvements, rather than having to get the money to have today's customers pay for it up front.  He said it has caused the City's rates be very stable over the last few years, particularly on the electric side of the business.  He said there had been no increases on that side, nor did staff anticipate any for the next few years.  On the water side there have been some increases, but on the other hand, with the amount of expansion the City has had to do as compared to the amount of revenues, they were such that it could not be done any other way.  In addition to expanding the system, Mr. Malon said quite a bit had been included for reconstruction of the Prathersville Water District.
    The vote on R59-98 was recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

B67-98     Authorizing sale of water and electric revenue bonds.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that an amendment sheet had been prepared because there were figures that had not been available until after the opening of the bids.
    Mr. Campbell made the motion that B67-98 be amended per the amendment sheet.  The motion was seconded by Ms. Coble and approved unanimously by voice vote.
    B67-98, as amended, was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  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.

B48-98     Accepting conveyances for utility and street easement purposes.
B52-98     Accepting conveyance from Wilma Via for utility purposes.
B53-98     Approving engineer's final report; accepting a conveyance; authorizing payment of
                  differential costs for 12-inch water main serving Woods Mill, Plat 1.
B54-98     Approving engineer's final report; accepting a conveyance; authorizing payment of
                  differential costs for 12-inch water main serving Boone Industrial Park N, Lot 5.
B55-98     Accepting conveyances for water utility purposes from Bluff Ridge Partnership, REMM,
                  Ltd., and Boyce.
B62-98     Authorizing annexation agreements with owners of all lots in Haystack Acres Addition.
B64-98     Authorizing agreement with Missouri Department of Health for HIV Prevention Services;
                  appropriating funds.
B65-98     Authorizing agreement with Missouri Department of Public Safety for support of the Sexual
                  Trauma and Assault Response Team; appropriating funds.
B66-98     Authorizing purchase of aerial photography; appropriating funds.
R54-98     Setting a public hearing: construction of 16-inch water main on Clark Lane.
R55-98     Setting a public hearing: 1997 CDBG & HOME Performance Report.
R56-98     Setting a public hearing: reconstruction and rehabilitation of the parking structure at the
                  northwest corner of Eighth & Cherry Streets.

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

NEW BUSINESS
R57-98     Approval of the preliminary plat of Nifong Village Subdivision, Plat 2; variances to the
                  subdivision regulations relating to street right-of-way width, sidewalks and corner
                  truncations.
    The resolution was read by the Clerk.
    Mr. Beck reported that this preliminary plat had been recommended for approval on a 6-1 vote by the Planning and Zoning Commission.  He explained that it would create eight C-1 lots, grant a waiver for a sidewalk on the north side of Cooper Drive, and a right-of-way less than the normal 66-feet for a collector street.  Mr. Beck pointed out that what they had been trying to do near the intersection of Providence and Nifong is to establish an inner loop of streets and then a larger connecting street -- one from the south (Southampton) and one from the north (Green Meadows).  But, if a public street could be built around the back of some of the businesses, connecting those lots together, a great deal of pressure could be taken off the driveways on the front side.  In order to do this, there probably would be some waivers needed.  This is an attempt to do that in one of the areas.
    The vote on R57-98 was recorded as follows:  VOTING YES:  JANKU, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  ABSTAINING:  CROCKETT.  Resolution declared adopted, reading as follows:

R58-98     Authorizing Larkin Associates to proceed with Phase II, detailed design plans for Scott
                  Boulevard, from Bellview Drive to Brookview Terrace.
    The resolution was read by the Clerk.
    Mr. Beck explained that this is a proposed joint project with Boone County,  After discussions with them, he said the staff recommendation was to go ahead with the engineering.  He said they had been discussing with them alternatives to the payment for the actual construction of the road along with possibly the extension of Oakland Gravel Road, north of Smiley Lane.  He said they working on trying to prioritize the use of the money set aside as part of the ballot issue.  He said approximately $750,000 had been set aside for joint projects with the County.
    In terms of the sidewalk, Mr. Janku asked if there had been a determination as to which side it would be placed.  Mr. Patterson said that would be part of the final design.  He said they would be looking at the possibility of either side.
    The vote on R58-98 was recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

    Mr. Campbell made the motion that staff prepare the necessary materials for action at the March 16, 1998, meeting to allow the temporary location of motor homes at the Trinity Lutheran Church property at 2201 W. Rollins from May 1, 1998, through November 30, 1998, to house construction workers from the Laborer's of Christ Organization engaged in the church construction project.  He further motioned that the legislation include the allowance of temporary sewer and water connections for the motor homes, provided the connections are made in a manner that does not present a health or safety hazard.  The motion was seconded by Mr. Coffman and approved unanimously by voice vote.

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

B68-98     Appropriating funds for the payment for installing fiber optic cable to the Parks
                  Management Center, the Wastewater Treatment Plant and the Landfill.
B69-98     Authorizing construction of a 16-inch water main on Clark Lane; calling for bids.
B70-98     Vacating utility easements and street right-of-way for an unbuilt portion of Rockman Lane
                  in Nifong Village Subdivision.
B71-98     Approving final plat of Nifong Village Subdivision, Plat 3.
B72-98     Approving final plat of Garden City, Plat 8, a major subdivision.
B73-98     Approving final plat of Watson Place, Plat 2; variance to section 25-43 of the Subdivision
                  Regulations regarding additional right-of-way requirements.
B74-98     Approving Hyde Park Planned Commercial C-P Development Plan.
B75-98     Voluntary annexation of property owned by Mike and Tammy Wulff located at 2711 Mill
                  Creek Terrace.
B76-98     Authorizing an agreement with Missouri Highway & Transportation Commission relating to
                  Phase IV of the Bear Creek Trail project.
B77-98     Authorizing supplemental agreement No. 2 to the agreement with Structural Engineering
                  Associates for renovation project at Eighth and Cherry parking garage.
B78-98     Confirming the contract of C.L. Richardson Construction Company for the construction of
                  Flood Relief Structure at Wetlands Treatment Unit No. 3, and appropriating funds.

REPORTS AND PETITIONS
(A)     Street Closure Requests.
    Mr. Beck explained that the three street closure requests included the St. Pat's 5K Run on Saturday, March 14, 1998, Stephens College on Saturday, May 9, 1998, and the Soap Box Derby on Sunday, June 28, 1998.
    Mr. Janku made the motion that the requests be granted.  The motion was seconded by Mr. Campbell and approved unanimously by voice vote.

(B)     Benton Stephens Rezoning Request.
    Mr. Beck explained that the Council had adopted a policy resolution some time ago dealing with requests for down zonings to be considered once a year, with the City paying the advertising costs.  He said the list received from the Benton Stephens neighborhood association requested down zonings from R-3 to R-1.  The ultimate goal of this policy is to revitalize the older neighborhoods.
    Mr. Coffman said these property owners should be commended for what they are doing to promote their neighborhood.  He congratulated the neighborhood association.
    Mrs. Crockett made the motion that the request be referred to the Planning and Zoning Commission for action.  The motion was seconded by Mr. Campbell and approved unanimously by voice vote.

(C)     3-1-1 Telephone Service.
    Mr. Campbell said the report had been very informative, and he saw no need for any action to be taken.
    Mayor Hindman said the only action he thought could be taken was to educate people not to use the 9-1-1 phone number for routine calls.  He knew, however, it can be frustrating for people to try to find correct numbers to call.
    Mr. Janku said it is also frustrating for people to figure out what City department to call when there is a problem that comes up after regular business hours.  He suggested that the City look into some type of 24-hour service where an operator could at least service the contact point.
    Mr. Campbell explained the reason for his original request had been because of a constituent with a backed-up sewer not knowing who to call for assistance.  He said the resident simply did not know how to handle the situation.
    Mayor Hindman pointed out a listing in the white pages, under the City of Columbia, Public Works 24-hour sewer telephone line.  Mr. Campbell said he understood that, but said people do not always know where to look for things like that.
    Mr. Coffman said he has heard a lot of people express frustration about the matter of finding phone numbers for various things, big and small.  He suggested consideration of just one phone number for the City that people could call to be directed to the proper number or office.
    Ms. Coble said it would be an excellent position for a Welfare-to-Work employment opportunity in job training.  She said that would also alleviate the need for automation.
    Mr. Beck said there were some things that could be done with the directory that would make it easier, i.e., to call the Police Department, as a non-emergency call.  He said some work is being done in this area, but unfortunately a lot of it had not been done before the directory was updated for the year.

(D)     Intra-Departmental Transfer of Funds Requests.
    Report accepted.

(E)     Percent for Art - 8th and Cherry Parking Facility Renovation.
    Mr. Beck said the Council received a recommendation from the Cultural Affairs Commission for this project.  He said the art work is on display in the lobby, and would remain there until the next Council meeting.  A public hearing on the proposals will be discussed at the same time the garage rehabilitation is considered, which is scheduled for the next regular Council meeting.  Mr. Beck said if the Council wishes to proceed with the garage project, the architect could work on incorporating this art work as a part of the overall bid package.  He noted that this would be the first project under the Percent for Art Program.

(F)     Route AC Urban Agreement.
    Mr. Beck said the next major action that needs to be taken regarding the AC project is for the Council to commit to an urban agreement with the Missouri Department of Transportation.  He said Mr. Patterson had put together a report and if the Council concurs with it, staff will need to forward the information to the Department of Transportation for incorporation in the urban agreement.
    Currently, the proposal is for a sidewalk west of where Green Meadows Road from the north would intersect with AC, and Southampton from the south.  Between those two, the plan is not to have a sidewalk.  Mr. Beck said a sidewalk is proposed from Rock Quarry Road east, a paved shoulder (being discussed with MoDot) from Rock Quarry Road west to Southampton Drive.  Mr. Beck said there is still a debate on the paved shoulder.  He said the City is encouraging MoDot to construct a paved shoulder where the future sidewalk would be located.  Mr. Beck asked if the cost issue had been resolved.
    Mr. Patterson said it is still being reviewed.  He said the City has requested there be a vegetative resistant hardened surface in this area.  It would be similar in nature to what was constructed at Route TT, in which asphalt is used as a walkway.  Mr. Patterson thought the Council wanted to stay away from terminology like walkway or sidewalk.
    Mr. Beck said the next issue is the sidewalk west of Southampton.  He said it would stop short of the intersection at the AC and Providence intersection.  Mr. Kruse said he understood it would go up to Sandman and stop, with no sidewalk planned west of that location because there is no pedestrian access across Providence.
    Mr. Kruse said there should be pedestrian access at Providence because people cross at this location all the time to access the Rock Bridge Shopping Center.  Mr. Beck said there had been quite a bit of discussion about that, and staff would like to see some sort of crossing, but he did not see that ever getting approved at the Providence intersection.  He thought perhaps off to the south some consideration had been given to constructing an island.
    Mr. Campbell asked if there was still discussion about the possible reconstruction of this intersection.  Mr. Beck thought so, and understood that this intersection would be widened substantially.  Mr. Campbell asked why walkways could not be put in during the reconstruction.  Mr. Kruse said it was a four-lane, divided road where generally there is not a pedestrian access provided.  Mayor Hindman thought a barrier would be erected at this location, across from the fast food businesses.  Mr. Kruse thought a raised median had been planned.
    Mr. Beck understood that the Highway Department was considering a median west of Providence, past the outer roadway where traffic backs up due to cars making left turns.  He said the median would be constructed in such a way that emergency vehicles could get over it.  Mr. Kruse said it would be similar to what is presently at Southampton -- and people have objected to this design.  Mr. Beck reported the design would be offset by the two left turns that are not presently at this location.
    Mayor Hindman reiterated that he thought the intersection should be designed to accommodate pedestrians.  Mr. Campbell asked how much money would be spent for a pedestrian walkway.  Mr. Patterson said it was not a question of painting a crosswalk across the intersection, but the issue was one of safety.  He said people should not be encouraged to walk across this long stretch of pavement with cars traveling at high speeds.  He said the safe thing to do in a situation such as this is to have an overpass or something to separate pedestrians from the traffic.  Mr. Patterson reported 48 feet is one of the figures used for a maximum pedestrian crossing, and to install islands would be dramatically disruptive to the traffic flow.  He said the Highway Department is very resistant to that sort of thing.  Mr. Patterson said MoDot has indicated that crossings will not work well with the traffic volumes at this location, and this is not an area where pedestrian movements should be encouraged.
    Mr. Janku asked about an underpass of some sort.  Mr. Patterson said either alternative, over or under, would be very expensive.  He said they try to stay away from underpasses because of security problems in the evening.
    Mayor Hindman understood there would be stop lights at this location.  Mr. Patterson said that is true, but when putting in signal phasing that would allow time for a pedestrian to cross, the impact it has on the traffic is considered to be unacceptable by the Highway Department.  Mayor Hindman thought it could be properly designed to handle that situation and it should be looked into.  He liked the designs by Dan Burton and thought something could be done.  Mr. Kruse said he did too, but thought it would be tough to do given this kind of highway and limited access.  He said the fundamental problem is the highway design.  Mayor Hindman thought the City should not dispose of it and give up.  Mr. Kruse agreed and said kids were still going to cross it anyway.
    Mayor Hindman made the motion that the staff be directed to look carefully, with the Highway Department, at the possibility of designing pedestrian crossings at the intersection.
    Mr. Janku said he would agree with that if the motion included looking at other things besides a crossing at grade.  Mayor Hindman agreed.
    The motion was seconded by Mr. Kruse and approved unanimously by voice vote.
    Regarding the realignment of the Rock Quarry Park, Mr. Janku said staff had planned to look at the culvert, the crossing between the R-3 area to the south.  He asked if that had been discussed or if it would come up later.  Mr. Patterson said he thought when it had been discussed, this referred to the fill areas, and he was not sure it would be adequate.  He said staff would take a look at it and get a report back to the Council.
    Mr. Campbell made the motion to accept everything in the report, including the motion made by Mayor Hindman.  The motion was seconded by Mr. Kruse and approved unanimously by voice vote.

(G)     1998 Neighborhood Convention Funding Request.
    Mr. Beck noted that this request is for $1,750 from the Columbia/Boone County Neighborhood Alliance to cover the cost of their pre-convention planning, publicity, speaker fees, facilitator fees, facility charges, and post-convention costs.  He said the Alliance is also requesting $500 from the County, $250 from the Community Partnership, and $250 from Boone Electric.
    Mr. Janku thought that last year the City developed a way to handle these requests consistent with policy guidelines, and documentation of expenses is required subject to a certain limit.  He said the City only paid actual expenses and did not give the Alliance a lump sum.
    Mr. Campbell said last year the Council agreed to expenses up to a certain amount, as long as those expenses were consistent with City policies.
    Mr. Beck said when the City hires professional services and proposals are not taken, it has to be declared non-fungible -- which meant the item had not been bid because of special circumstances.
    Mr. Boeckmann referred to the policy resolution which states if the item for reimbursement is over $200, then the Council has to approve the request.  Anything under that Mr. Hancock can approve.
    Ms. Coble said what the Council had been hoping to avoid was having the organizers of the Neighborhood Alliance Convention going to the Planning Department for $10 at a time.  She said the Council wanted to ensure the Alliance could put on a good event that would be well-attended, and that there would be ample documentation of the dollars spent, but one that would not create a burden both on the staff or those volunteering to put on the event.
    Mrs. Crockett asked how much this would leave in the account.  Ms. Coble said it would leave $916.68.
    Mr. Campbell said it was basically a good program with the question being how to facilitate it.  He asked if the Council could leave it to the City Manager's discretion.
    Ms. Coble made the motion that the Council allocate $1,750 to fund the Columbia Boone County Neighborhood Alliance for the 1998 Neighborhood Convention, and do so in a manner which does not violate existing purchasing policies, but allows the greatest flexibility to the recipients of the funds to make expenditures at $200 and under, for actual expenses, up to the total of $1,750.00.  The motion was seconded by Mr. Campbell and approved unanimously by voice vote.

(H)     NEA Proposal.
    Mr. Campbell said this proposal was coming out of the discussion of the Cultural District and Facilities Planning.  He said this would simply authorize the City to make application for planning funds under the NEA guidelines.  This has to be done by May 4, 1998.  If it were to be funded, Mr. Campbell said it would be very helpful to the overall planning for the Cultural District.
    Mr. Campbell made the motion that the application be authorized.  The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

BOARDS AND COMMISSIONS
    None.

COMMENTS OF THE COUNCIL, STAFF, AND PUBLIC
    Regarding the intersection of Broadway and Scott Boulevard, Mr. Campbell said he had received a request for street lights at the new curve.  This area had lighting previously, but after the new construction all of the lights were removed.  He said the residents living at the corner have had their mail box taken out quite regularly because of people sliding off of the curve.
    Mr. Kruse asked about the playground equipment at Grant School.  Mr. Beck said things were moving along.
    Mr. Kruse said he had received a request to have every August 16th designated as Airborne Day in honor of the service of the airborne units of the United States Army.  The Clerk's Office is handling the proclamation.
    Mr. Kruse said he had received a request for street improvement on Eubank Court.  He passed it on to the City Manager.
    Mr. Kruse said he had received a message today regarding the Senate deciding to start floor debate on their pending ISTEA Reauthorization Proposal.  He explained that there was an amendment being put forth by Senator Sam Brownback of Kansas to allow the enhancement program to be at the option of State Departments of Transportation.  The amendment number is 1395.  Mr. Kruse said he felt the Missouri State Department of Transportation would be very interested in not having to spend $7 to $8 million per year on enhancement programs if they could get away with it.  It was his understanding that Senators Bond and Ashcroft are both in favor of the amendment.  Mr. Kruse said a response from the City should be sent as soon as possible.
    Mr. Kruse made the motion that a letter be sent from either the Mayor or City Manager to Senators Bond and Ashcroft, indicating that the City does not support amendment 1395 sponsored by Senator Sam Brownback.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. Coffman said he has a constituent who has been doing research on an international treaty, that is being negotiated by 29 countries, called the Multi-Lateral Agreement on Investment.  He said the reason it was appropriate for the Council to discuss it was because apparently it would establish certain rights for foreign investors that could prohibit the ordinances and laws of local governments.  He said the main provision is that it would allow foreign investors to sue the United States in an international court.  He said he would like to see the City pass a resolution expressing concern.  Mayor Hindman suggested that it be researched before any involvement on the part of the City is considered.  Mr. Coffman said he would turn his paperwork over to the staff so it could be reviewed.  Mr. Campbell said he heard something similar was going to happen at the national level, but he did not know if it was rumor or fact.
    Ms. Coble thanked the Parks and Recreation Department for doing such a good job in following-up on her concern with the trees and bushes in Douglass Park.  She said the park looked great and thanked the staff.
    Mr. Janku expressed appreciation to the staff for their work on I-70 Drive.  He said although the rezoning and plat have been withdrawn, they had spent a lot of time with the applicant trying to work out a solution to the problem.  He was hopeful something could be worked out as the road is of great importance to the Valley View neighborhood.
    At a meeting of the Valley View Neighborhood Association, Mr. Janku said a number of issues came up, including an interest in working on improvements to Valley View Park.  He asked the staff to contact the Association about it.  He said there was also interest in the possibility of sidewalks along the west side of Garden Drive, between Morning Glory and Jonquil.  He asked that the staff contact the Association about that issue also.  In addition, Mr. Janku said residents discussed the possibility of the speed limit on Route E being reduced.  Both the neighborhood and concrete plant agreed they would be supportive of reductions in the speed limit.  He asked that the State be contacted to see if a reduction would be possible.
    Mr. Janku explained that Ameren UE has a Green Leaf Application which provides funds for landscaping.  He said the requirements are that the applicant be a not-for-profit organization and that the planting be on public property.  He said that would require the cooperation of a public entity.  Mr. Janku said he had talked briefly with someone from the Health Adventure Center, and they are interested in possibly applying to use the funding to help landscape the building they are planning to build.  He said the deadline for applications is March 16, 1998.
    Mr. Janku made the motion that the staff be directed to work on a grant in conjunction with Ameren UE.  The motion was seconded by Mr. Kruse and approved unanimously by voice vote.
    Paul Albert, 2703 Parker, indicated he plans to speak about the 8th and Cherry parking garage at the next meeting.  He also had concerns about the parking revenue the City is losing on the property located at the corner of Broadway and Providence.
    The meeting adjourned at 11:00 p.m.

                                                                                             Respectfully submitted,
 
                                                                                             Penny St. Romaine
                                                                                             City Clerk