OCTOBER 19, 1998

    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, October 19, 1998, in the Council Chamber of the City of Columbia, Missouri.  The roll was taken with the following results: Council members CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, and JANKU were present.  The City Manager, City Counselor, City Clerk, and various Department Heads were also present.

    The minutes of meeting of October 5, 1998, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mr. Janku.

    Mayor Hindman noted that Mr. Beck would be giving an oral report on Amendment 7 under Reports.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Ms. Coble and a second by Mr. Campbell.



B311-98     Rezoning property located at 202 Old 63 North from R-1 to O-P.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this property is located at the corner of Walnut and Old 63.  He noted that the staff as well as the Planning and Zoning Commission had recommended approval of the request, subject to some specific designated uses.
    Mayor Hindman opened the public hearing.
    David Rogers, an attorney with offices at 813 E. Walnut , spoke on behalf of the applicants, Dr. and Mrs. Ed Kaiser.  He explained that the surrounding property is developed in either apartments or being used for offices.  He said the property seems to be an appropriate use for a small office, and the uses are limited so that it could only be used for an office.  Mr. Rogers said the applicant felt O-P zoning would be more appropriate than O-1 because the property is somewhat sensitive as far as ingress and egress.  He noted that the surrounding property owners had been contacted and they had given their approval.
    Edwin M. Kaiser, 202 Old 63 North, said as there are only two houses on the street now, the highest and best use of this property at this point in time is something other than R-1 zoning.
    Connie Yoder, 207 Elliott, spoke on behalf of the East Walnut Neighborhood Association.  She said the association supported the rezoning request.
    Mayor Hindman closed the public hearing.
    B311-98 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.   VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B312-98     Rezoning property located on the north side of East Walnut Street, east of Old 63 from R-3
                     to O-1.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this property is just east of the previously discussed tract.  He said the request was reviewed by the City staff and had been recommended for approval.  He noted that the Planning and Zoning Commission recommended denial on a 4-3 vote as some commissioners had a preference for O-P rather than the O-1 zoning.
    Mayor Hindman opened the public hearing.
    David Rogers, an attorney with offices at 813 E. Walnut, spoke on behalf of the Hodges Trust, owner of the building.  He explained that the structure is a 16,000 square foot office building, and approximately three-fourths of it is under a long-term lease to the University of Missouri.  Mr. Rogers reported the building was constructed in an R-3 zone at a time when that zone permitted an office building.  He noted that there had been an application to rezone the property to O-1 prior to this request, but the Council at that time had denied it as they did not want to introduce office zoning along Highway 63.  Mr. Rogers pointed out that since then, the owners of this building have gone to the Board of Adjustment four times to make relatively minor changes to the building.  Because the building is currently a non-conforming use, he said the insurance is higher and the applicant would prefer to bring it up to conforming status in an O-1 zone.  Mr. Rogers did not think anyone has had a particular objection to the operation of the building.
    Connie Yoder, 207 Elliott, spoke on behalf of the East Walnut Neighborhood Association.  She noted the O-P zoning would give the neighborhood input into any changes that could be made to the property.  She said a representative spoke with residents at a neighborhood meeting to ask for approval of the request.  She voiced the neighborhood association's support of the request.
    Mayor Hindman closed the public hearing.
    Mr. Campbell noted that even though the University is leasing part of this building, he had no connection whatsoever with any part of the action.
    Mrs. Crockett said she has no problem with approving the O-1 request because she felt the present building would be there for many, many years.
    B312-98 was given third reading with the vote recorded as follows: VOTING YES:  CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B313-98     Rezoning property located on the north side of Waco Road, between Brown Station Road
                    and the Columbia Terminal Railroad, from M-1 to C-3.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this tract was recommended for approval by both the staff and the Commission.  He said it would allow for a day care center, which cannot be presently built at this location because that use is not allowed in M-1.  He pointed out that the property is close to the railroad.  Mr. Beck said he would like to see a standard developed to preserve railroad corridors as much as possible for railroad use.
    Ms. Coble said this tract appeared to be about 400 feet from the railroad.  If there were some standard, she asked if that would be too close.   Mr. Beck did not think it would be.
    Mayor Hindman opened the public hearing.
    Gary Larkin, 6208 Bent Path, spoke on behalf of the client.  He explained that he would be the developer of this particular lot and project.  He further explained that he would actually own the building for seven years, at which time the day care would purchase it.  Mr. Larkin reported that a thorough study had been conducted, and they had received a tremendous amount of support from the businesses in the area.   He noted the playground area would be fenced.  Mr. Larkin explained the air quality had also been tested.
    Mayor Hindman closed the public hearing.
    Mr. Campbell thought the concept was wonderful, as was the location.  In the future, he felt the Council would consider day care centers to be an integral part of developments of many types, including industrial developments.
    Mayor Hindman believed it is the responsibility of an industry to provide day care.  He wondered if the City should look into allowing day cares in industrial areas.
    In this case, Mr. Janku thought the businesses in the immediate vicinity are supportive of the day care.  However, the potential exists that some industrial uses would be inappropriate in close proximity to a day care center.  He felt the City could be restricting the industrial flexibility of the M-1 zoning.
    Mrs. Crockett said there is a lot of industry on Route B and Brown Station Road.  Being a mother, she understood the parents need for wanting children close to where they work.  She said this is an area where a day care would be appropriate.  Mrs. Crockett was appreciative that Mr. Larkin brought up the air quality issue as she felt that to be very important.
    Mayor Hindman closed the public hearing.
    B313-98 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B315-98     Voluntary annexation of property located on the east side of Bearfield Road, south of
                    Nifong Boulevard; establishing permanent M-C zoning.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this request is made by the Central Missouri Sheltered Workshop.  He said the staff and the Planning and Zoning Commission recommended approval.  Mr. Beck reported the final plat is the next item on the agenda, and would address the question of the wastewater facility.
    Mayor Hindman opened the public hearing.
    Glen Ehrhardt, an attorney with offices at 401 E. Locust, spoke on behalf of Central Missouri Sheltered Enterprises.  He asked that the annexation request be considered with the final plat, and that both ordinances be defeated if the Council could not support the requests so that the applicant could proceed with plans.
    Mr. Ehrhardt invited Bruce Young, Executive Director, to display the new plans for the workshop that had been received last week.  He explained that the Sheltered Workshop had been working with an architect to develop plans to connect the two existing buildings, and to add a small addition on one side.  Presently, the facility serves approximately 100 developmentally disabled individuals and clients.  Because the buildings are not currently connected, individuals in wheelchairs have to brave the weather elements.  In addition, Mr. Ehrhardt explained an employee work area could also be established.  He said there would also be a slight expansion to the building for some storage and other uses.  Mr. Ehrhardt said the plans have been prepared to satisfy all of the existing Columbia building requirements and ordinances.  In the process of doing so, he said there were two items identified which would require variances as far as the water and sewer are concerned.  Mr. Ehrhardt reported that is the basis for the next item on the agenda.
    Regarding the variances, Mr. Ehrhardt explained that the applicant has worked out some issues with the Water and Light Department, the Fire Department, and the Boone County Fire Protection District.    He said the City has prepared an ordinance with respect to the final plat that provides when the City water and sewer line is extended within 200 feet of the property, the Sheltered Workshop would connect to it at that time.  Mr. Ehrhardt explained that is the reason for the water and sewer variances.  He noted that currently, the property is served by a private sewer line that has been in place for almost 20 years.  Mr. Ehrhardt stated it runs across the Woodhaven property and connects approximately 1,500 feet from the Sheltered Workshop's property line to a City sewer.  The Sheltered Workshop is desirous of being connected to the City sewer, but right now the nearest street to do so is Bearfield Road.   He noted there is some frontage on the property, but City sewer and water service is not available.
    Mayor Hindman closed the public hearing.
    Regarding the sewer, Mr. Janku asked if staff was comfortable with the 200 feet.  Mr. Patterson said that is what the ordinance requires -- if a public sewer line comes within 200 feet of a property, a connection must be made to it.  He said staff does not have a problem with what is being done, but would have preferred that the applicant provide a determination of the feasibility of converting the private line to a public sewer line.  However, he stated the Sheltered Workshop should not be required to expend the money to build a completely brand new public line.  Mr. Patterson said if this request is approved, he felt they should continue efforts of trying to get public sewer to every lot in the City.
    B315-98 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B308-98     Approving the final plat of Sheltered Workshop Subdivision, Plat 2; granting a variance to
                    the subdivision regulations.
    The bill was given second reading by the Clerk.
    Mr. Beck reiterated the agreement regarding water.
    Mrs. Crockett asked if the City was in receipt of the agreement.  Mr. Hancock explained that the agreement was something Water and Light wanted.  He said there had not been any discussions regarding an agreement for a sewer line.  Following the Planning and Zoning meeting, Mr. Hancock said the language regarding the 200 feet was put in the ordinance rather than initiating a separate agreement.  Mr. Boeckmann said that Mr. Ehrhardt provided him with a resolution of the Board of Central Missouri Sheltered Enterprises acknowledging and agreeing that they would make the connection.  He handed it to the City Clerk and asked her to attach it to the ordinance.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B308-98 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B320-98     Approve the transfer of control of TCI Cablevision of Missouri, Inc. from
                    Tele-Communications, Inc. to AT&T.
    The bill was given second reading by the Clerk.
    Mr. Beck explained this bill relates to the merger between TCI and AT&T.  He noted the Cable Committee has been working on the issue as well.  Mr. Beck reported the Council had asked staff to obtain additional information from other communities regarding how other cities have dealt with the merger, and this had been provided to the Council.  He stated it is important for the City to remain on the cutting edge in technology, service and equipment.  Mr. Beck pointed out that some major improvements and investments have been made by TCI in the last couple of years -- which have been greatly appreciated by the City.
    Mr. Coffman, Cable Committee Chair, explained that he, Mr. Campbell, and Mr. Janku have held meetings with the two cable franchises on a fairly regular basis.  He said the Committee met today and listed several concerns they would like to have more assurances on.  Mr. Coffman stated these fall into several categories; with one being technology -- ensuring that improvements to the current cable system with TCI (adding fiber optic cables and the upgrades that are necessary for high speed modem access) are on track and the City has some sort of promise that these are going to take place, if possible, on a date certain, and exactly how it will develop.  He said there are related concerns that as telephone, modem, and television services begin to merge and interaction occurs, that provisions relating to revenues and taxes are all in order and have been classified correctly in a format the City can respond to as technology changes.
    Secondly, Mr. Coffman said the City should be provided with more information in regards to basic customer service.  He said the Committee is not recommending that the entire franchise be renegotiated, but would like to see some quarterly reports about how the company is doing on some basic standards.  Mr. Coffman reported the industry has set standards themselves in regards to phone and service calls.
    Mr. Coffman stated the Cable Committee recommends that this issue be tabled to the next meeting.
    Mr. Coffman made the motion that B220-98 be tabled to the November 2, 1998, meeting, after the public hearing is held this evening in order to receive additional comments and hear back from TCI and AT&T at the next meeting.  The motion was seconded by Mr. Janku.
    Mayor Hindman opened the public hearing.
    Dennis Kastens, General Manager of TCI, encouraged the Council to approve the merger between AT&T and TCI.  He said AT&T will become the parent company of TCI, and TCI will remain the franchisee.  Regarding technology, Mr. Kastens said TCI began stringing fiber optics in the city with a completion date of May, 1999.  He said they are hopeful to be able to provide services other than cable television.   He noted that TCI has launched their at-home Internet service in Fremont, California and in the Chicago area.  Mr. Kastens pointed out that the existing franchise has not required TCI to upgrade their system, but noted they are in their second upgrade without being asked for.
    Mr. Campbell said in his almost 10 years on the Council, the number of complaints regarding TCI service has dropped remarkably since Mr. Kastens has been working for the company.
    Mayor Hindman said he had gotten a call regarding the Internet service.  He said there are quite a few people anxious to subscribe to it, and wondered when this might be expected in Columbia.  Mr. Kastens said TCI would have to go through the upgrade first, and then once the fiber is in place, there is a procedure involving technical tests on the system.  He explained they are hopeful this service can be introduced in May when the upgrade should be finished.
    Mrs. Crockett asked how long it normally takes to get cable buried.  Mr. Kastens said TCI tries to have the cable buried within 30 to 60 days.   He acknowledged that is one of the major things they have had a hard time trying to keep up with, but in the last few years they have done a better job of it.  Mrs. Crockett asked when a piece of property is annexed into the City, how long it would take for these residents to get cable.  Mr. Kastens said TCI has cable within a five mile radius of the City limits, and unless the property is in an isolated area, there is a joint trench agreement with the City's Water and Light Department.  He said many times TCI has the cable in before the homes are built.   In a place where there are existing homes, he said they are probably already serving them with the County agreement.
    Regarding the at-home company coming in and evaluating Columbia, Mr. Janku asked if TCI would be looking at things like demographic information in terms of numbers of computers people have and other similar things.  He thought the City could help provide that kind of data to help convince the at-home people they need to be here.  Mr. Kastens said that would be fine.  He said they have been looking at Columbia during the upgrade of the system.
    Mayor Hindman understood that Capital Cable presently provides home Internet service.  Mr. Kastens said they have one that is through the cable modem, but then the other Internet service is provided through the cable and the telephone line.  He said it is not the full Internet service that TCI is looking at with at-home.
    Mr. Campbell noted that GTE is starting to offer Internet service also.
    Mr. Coffman said he is not aware of any chronic service problems and he felt TCI has probably improved certain areas of their service over the last couple of years.  He said if there were chronic problems, the entire Council would be receiving phone calls as a result.  He noted that they are all getting a smattering of complaints, and that is why he recommended that they receive the data .  He felt it would give the Council a little more objective basis to form opinions about the service.   He asked Mr. Kastens if this data could be provided on a quarterly basis.  Mr. Kastens said he would be glad to go back to his people to see if they could provide the Council with reports.  He said TCI would like to work with the City so everyone knows what they are doing.   Mr. Coffman asked if he would also try to come back with some definite assurances regarding the status of upgrades.
    Mr. Campbell said this is a critical venture in our times, and a sense of having good telecommunications is going to be very important for the City of Columbia.   He thought that TCI and other entities would work closely with them, but he felt the Council should push on this issue.
    Mr. Janku noted that Mr. Kastens had indicated a willingness to bring them back additional information about the upgrades discussed earlier.  He thought one thing the Council should be doing, along with the staff, is to look at the various revenues that are coming in from cable versus telephone versus other types of telecommunication services.  He said the City needed to be sure to get the proper allocation of revenue from each source.  Mr. Janku stated if TCI starts offering phone service, the City would need to know if they would be operating as a phone company or a cable company, and how that would affect the fees the City collects from them.
    The motion to table B320-98,  made by Mr. Coffman, seconded by Mr.  Janku, was approved unanimously by voice vote.
    Mayor Hindman continued the public hearing to the November 2, 1998, meeting.

R201-98     Approving FY99 HOME program action plan; FY99 and FY2000 HOME program project
                    specific action plan.
    The resolution was read by the Clerk.
    Mr. Beck said staff had discussed with the Council the concept and request for committing HOME monies (federal monies allocated to Columbia) on a two year basis.  He said that requires a project specific action plan by HUD.  He explained that the staff has been working with a developer of rental units, particularly for the disabled in the northeast part of the community.  He noted that there is a 30-day public comment period following this evening's public hearing if anyone wants to send in written comments.  Mr. Beck stated these comments would be forwarded to HUD as a part of this public hearing.
    Mr. Hancock reported the purpose of this hearing is to consider two things; the annual HOME submittal, simply the action plan and the budget of approximately $475,000 -- which will provide money to the City's Housing Rehab Program,  to the Hanover Apartment Project,  to the City's Community Housing Development Organization, and to the Columbia Community Development Corporation.  The project specific action plan is a way to notify the public and HUD that the City would like to budget the money shown at Hanover both in 1999 and the year 2000.  He said that would be provided when agreements are executed with HUD for HOME monies.  Regarding the 30 day comment period, Mr. Hancock said this document would be posted at the Library, and another notice would be advertised in the newspaper this week.  He said staff would provide whatever comments that might be received directly to HUD.  He offered to answer any questions.
    Ms. Coble asked if the $71,250 for the Community Housing Development Organization were funds to be used in addition to the Hanover Gardens project.   Mr. Hancock replied that this had occurred in the past.  So far, the only one that has since qualified for these funds has been the Central Missouri Counties Human Development Corporation.   He said it would be up to the Council if they wanted to enter into an agreement.  Mr. Hancock stated the Council may want to use those funds to put into that project, but he has not received word to do so.  Ms. Coble asked if those funds were also in the form of a loan.  Mr. Hancock said these are set aside monies and cannot be used for loans.
    Mayor Hindman opened the public hearing.
    Craig VanMatre, an attorney for the Jeffrey Smith Companies, the applicant for some of these funds, encouraged anyone from the public with specific questions regarding the Hanover Garden project application to contact him at 874-7777, or write to him at 1101 E. Broadway.  He said the project is very worthwhile for the community as the development would create at least 16 handicapped accessible duplexes with the funding from the HOME loans.
    Mayor Hindman closed the public hearing.
    Mr. Janku said the Hanover project is a meritorious project and the Council has discussed committing next year's budget to fund the program if the funds are available.  In the future, he would like to look toward some of the rehab programs the City has to determine what might be done to increase funding in what is considered to be the target area.  Mr. Janku spoke to someone from the Enterprise Development Corporation and they indicated that , given the scarcity of lots for new construction, they may be moving more in the rehab area.  He said that is a much more expensive project so he thought the Council should think about the issue for the year after next.
    Mayor Hindman agreed that is important, and he personally prefers the idea of rehabbing in the central part of the city if a way can be found to do it.
    Mrs. Crockett reported that she has received a number of comments from people living in the Hanover area.  These residents have told her how great it is there, and how happy they are to have the facilities.  She noted these individuals would like to have City bus service in the area.
    Mr. Janku said it would be nice if the City could develop some recreational opportunities close to the Hanover facilities.
    Mr.  Beck said staff has set aside some additional funds when the HOME funds were allocated for rehabilitation work.  He said staff tried to determine how much of this they would need, and then make the rest available for public/private partnerships so they can get the project going.  He said we do not have the resources to actually get into the building.  Mr. Hancock said the City has quite a bit of Community Development Block Grant funds for rehabilitation.  He said this would be in addition to it.
    Mrs. Crockett asked if sidewalks had been constructed at Hanover Gardens.  Mr. Hancock replied sidewalks are required.  He said the public street is Hanover, and he believed there are sidewalks in the interior of the development, as well as walks linking the homes to the parking lots.
    The vote on R201-98 was recorded as follows: VOTING YES: CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.  VOTING NO: NO ONE.  Resolution declared adopted, reading as follows:

(A)     Annexation of property located on the southeast corner of Scotts Boulevard and Vawter
          School Road.
    Item A was read by the Clerk.
    Mr. Beck explained that this 160 acre tract of land is located in the southwest area of the community.  This hearing is to determine whether or not it is reasonable and necessary for the proper development of the City to annex the property, and whether or not services can be provided on a timely basis.  Mr. Beck noted that all annexation requests are routed not only through the City departments, but also through the other agencies around the City, including the County government, for comments.  He said the applicant has indicated that they will request that 22 acres be zoned C-P, and 130 acres be zoned R-1.  Mr. Beck said the hearing tonight is not on the zoning, although under the guidelines the applicant reserves the right if the zoning is not granted, to withdraw the annexation request.  He said the zoning issue will be reviewed during a public hearing at the next Council meeting.
    Mayor Hindman opened the public hearing.
    Joseph Kurzejeski, 4651 S. Scotts Boulevard, explained that his property is adjacent to the land in question.  He suggested that the land not be annexed for several reasons.  He said the County Land Use Plan does not indicate any of this land should be zoned commercial.  Mr. Kurzejeski believed it is inappropriate for the City's Planning and Zoning Commission to consider this land when it is in the County, prior to its annexation, with the conditions Mr. Beck mentioned.   He said there have apparently been some negotiations going on with somebody, but certainly not with the neighbors.  Mr. Kurzejeski said there are only four neighbors the applicant should have talked to before this process was initiated, but that had not occurred.  He said if the property is annexed, it should be sent beck to Planning for more hearings on a plan.
    Rick Webel, 4251 Scott Boulevard, said there are only four neighbors to this property, across the street.  He said they received a letter several weeks ago indicating there would be a hearing at the Planning and Zoning Commission meeting, which he had been unable to attend.  Mr. Webel saw no need for commercial development in the area as it is no hardship to drive a few miles for access to a wide selection of goods and services, including banks and medical services, gas and groceries.  He did not see how it would take 22 acres to have a community market.   He wondered how many of their potential new neighbors would want a commercial area adjacent to their property.
    Mayor Hindman asked if Mr. Webel would be directly across the street from the proposed commercial zoning.  Mr. Webel said he would be either directly across the street or just south of it.
    Mayor Hindman closed the public hearing.
    Mr. Campbell said he would like to see additional plans and how this would fit into a larger scale.  He said that had been voiced at the Planning and Zoning level.  He wanted to know how it would all fit together and how big a commercial area would be needed.  He thought perhaps the staff could provide guidance when this does come before the Council as a zoning issue.  Mr. Campbell stated 15 or 22 acres is a very sizable amount of commercial area.  While he is not stating a position for or against the request, Mr. Campbell thought the Council needed to take a very careful look at the overall plan for the area before making such a decision.  He reported a precedent would clearly be set, one way or the other.

(B)     Annexation of property located on the east side of Strawn Road, west of City limits.
    Item B was read by the Clerk.
    Mr. Beck said this property is an approximate two acre tract owned by the Columbia Public Schools.  He noted there has been an informal request for R-1 zoning.   Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.

(C)     Annexation of property located on the north side of New Haven Avenue, east of City limits.
    Item C was read by the Clerk.
    Mr. Beck said this is the second request by the Board of Education and consisted of about 11 acres.  He said this property is across the road from the government property that was recently annexed.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.

B318-98     Authorizing an agreement with Boone County and the acquisition of easements for the
                    construction of the Oakland Gravel Road improvement project.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this is a 1,600 foot section of Oakland Gravel Road which will connect to the presently paved section the City completed some years ago.  He said this bill will authorize the agreement as well as the acquisition of easements.
    Mrs. Crockett remembered the developer saying he would pave Oakland Gravel if he was given O-P zoning.  Regardless of that fact, she said the project needs to be done.
    B318-98 was given third reading with the vote recorded as follows: VOTING YES:  CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B322-98     Amending Chapter 2 of the Code to change the name of the Commission on Bicycling to
                    the Bicycle/Pedestrian Commission and expanding the membership and duties.
    The bill was given second reading by the Clerk.
    Mayor Hindman felt, with the emphasis directed toward walkable communities, the City should have a Pedestrian Commission.  He thought the way to do so is to combine it with the Bicycle Commission.
    Mr. Janku thought it is an excellent idea.  He suggested that the Council consider ward representation in order to get solid input from throughout the City.
    Mr. Kruse thanked the Mayor for making the suggestion.  He is looking forward to the Commission's recommendations to the Council.  Mr. Kruse suggested that a special effort be made to get notice about openings on the Commission to neighborhood associations.
    B322-98 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

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

B306-98     Approving the final plat of Providence North, Plat No. 3.
B307-98     Approving the final plat of Garden City, Plat 9.
B309-98     Approving a replat of lot 58 of Country Club Villas II.
B310-98     Approving a replat of lot 79 of Country Club Villas III.
B314-98     Vacating emergency access and utility easements west of Conley Road.
B316-98     Accepting conveyances for utility purposes.
B317-98     Vacating water utility easements.
B319-98     Authorizing acquisition of easements for the construction of the Conley Road
                     improvement project.
B321-98     Authorizing an agreement with the Missouri Department of Health for the WIC
                    supplemental food program; appropriating funds.
R202-98     Setting a public hearing: special assessments against property benefited by
                    improvements to Sewer District No. 136 (Olive Street).
R203-98     Setting a public hearing: construction of H-4 Trunk Sewer serving the Baurichter property
                    on Vawter School Road.
R204-98     Setting a public hearing: removal of contaminated soil and site restoration at the
                    southwest corner of Fourth Street and Cherry Street.
R205-98     Authorizing a supplement to a contract with FAA to provide maintenance of an air
                    purification system in the automated Flight Service Station at Columbia Regional Airport.
R206-98     Authorizing an agreement with the Missouri Department of Health for nursing
                    consultation to local child care facilities.
R207-98     Renewing an agreement with the Columbia Online Information Network to make Internet
                    service available to Columbia residents.

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

R208-98     Approving the final plat of Victoria South, Plat No. 1.
    The resolution was read by the Clerk.
    Mr. Beck explained that this three and one-half acre tract is located outside the City and the applicant is requesting connection to the City sewer system.  As part of that, he explained that City requirements call for the approval of the plat, which means the development must meet City requirements.  In this case, the area in question relates to water flow for fire protection.  Mr. Beck said a waiver would be required because of the water line capacity.
    Mr. Campbell asked Mr. Malon to comment on how the City water standards would be met.
    Mr. Malon said the Water District has done some flows in the area and they range to 600 gallons per minute, which did not account for domestic use.  Mr. Malon explained that there is a high water tower at the end of Bethel Road, which is pretty visible from that end of town, and the only real problem of getting water in the area is to improve the backbone system.  He said there is a plan in place to do that.  Mr. Malon noted that the Council has recently approved a territorial agreement with Consolidated Water District No. 1.  He said the legal department has filed it with the Public Service Commission, although it has not been heard and, therefore, has not received final approval.   He said after approval had been granted, the District has guaranteed they will make the improvements within a certain time period.  Mr. Malon reported the District has a CIP in place now, and have indicated they will have the water mains improved within the next year to provide adequate City fire flows in the area.  Mr. Malon said there should not be any problem.
    The vote on R208-98 was recorded as follows: VOTING YES: CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.  VOTING NO: NO ONE.  Resolution declared adopted, reading as follows:

R209-98     Authorizing a grant application to the Heritage Preservation and the National Museum of
                    American Art for maintenance of outdoor artwork.
    The resolution was read by the Clerk.
    Mr. Beck said the Cultural Affairs staff has indicated the possibility of a $1,000 grant for public art maintenance that does not require a local match.
    Mr. Janku asked if anyone has ever put together an inventory of public art in the community.  Ms. Hunter replied that the first phase of the SOS project was actually a state-wide inventory of outdoor sculptures.  She said Columbia is included in that list and has the information.  She noted that it is also available on-line.  Ms. Hunter reported staff is in the process of developing a public art guide for the City.
    Mr. Campbell commented that people think of sculptures as being permanent, but he found out recently that these need to be washed and waxed every year if they are going to be well-maintained.
    The vote on R209-98 was recorded as follows: VOTING YES: CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.  VOTING NO: NO ONE.  Resolution declared adopted, reading as follows:

R210-98     Authorizing agreements with various cultural organizations.
    The resolution was read by the Clerk.
    As a part of the overall budgeting process, Mr. Beck said $66,350 was appropriated for all of the different art agencies in the community based on recommendations received from the Cultural Arts Commission.  He said this resolution would authorize the formal agreements.
    The vote on R210-98 was recorded as follows: VOTING YES: CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.  VOTING NO: NO ONE.  Resolution declared adopted, reading as follows:

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

B323-98     Rezoning property from A-1 to C-P and approving the Guitar Mansion at Historic
                    Confederate Hill C-P Development Plan.
B324-98     Approving the final plat of Highland Ridge, Plat No. 3.
B325-98     Voluntary annexation of property located on the southeast corner of Scotts Boulevard
                    and Vawter School Road; establishing C-P and R-1 zoning.
B326-98     Voluntary annexation of property located on the east side of Strawn Road, west of City
B327-98     Voluntary annexation of property located on the north side of New Haven Avenue, east of
                    City limits.
B328-98     Authorizing annexation agreements with Robert Conrad Developers, Inc. and with the
                    owners of all lots in Willow Brook Subdivision.
B329-98     Authorizing Change Order No. 1, approving the Engineer's final report, levying and
                    assessing special assessments; appropriating funds for Sewer District No. 136 project.
B330-98     Calling for bids for the removal of contaminated soil and site restoration at the southwest
                    corner of Fourth Street and Cherry Street; appropriating funds.
B331-98     Authorizing agreements for improvements to the Audubon and Stadium Boulevard
B332-98     Accepting conveyances for sewer, utility, street, sidewalk and drainage purposes.
B333-98     Levying special tax for weed nuisance at 804 Seventh Street and Lot 2 of Moon Valley
B334-98     Authorizing a grant application to the Missouri Division of Highway Safety to provide
                    overtime funding for enforcement of hazardous moving violations; appropriating funds.
B335-98     Appropriating funds for lab tests related to police and fire physical exams.

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

(B)     Mountain Bike Trail in Columbia Cosmopolitan Recreation Area.
    Mr. Beck explained that the Council had referred a request to the Parks and Recreation Commission pertaining to the use of a potion of Cosmo Park for a mountain bike trail.  He reported the recommendation submitted to the Council is that a part of Cosmo Park be allocated for that type of use, and it is proposed that the area be privately developed.  Before going much further, Mr. Beck suggested that staff submit a report to Council regarding what costs, if any, would be involved with more specific details about the trail.  He said staff is working on a report presently.
    Mr. Janku recognized the Commission's work.  He said they have spent a lot of time working on the project.
    Mayor Hindman asked if an area is still staked out so Council members can go and look at the site.  Mr. Hood said the flagging, for the most part, is still in place.  He said if the Council wanted to walk the proposed trail, he would recommend that they contact his office so that staff could show them where it runs.  He said the area is fairly rugged, and it is an area of the park that is not very developed.
    Mayor Hindman made the motion that the staff be directed to submit a report to the Council.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

(C)     Volunteer Snow Removal Update.
    Mr. Beck commented that calls had been received last winter from some elderly people in the community desirous of hiring or having volunteers help with snow removal.   He said the Volunteer Coordinator has looked into the alternatives available, and had indicated that it is now handled by the Boone County Council on Aging.  The feeling is that there is no need to set-up a duplicate organization or operation, and the City should be in a supportive role trying to help get information to those people needing the services.  He said the calls he had been receiving were from people willing to pay for the services, but were unable to find the individuals willing to do it.
    Ms. Coble said one of the issues raised by several people that she has spoken to (that may have the ability to get out and shovel) is that after the walks have been shoveled and the plows come through several times, the walks are re-covered with very large, heavy chunks of ice and high piles of snow.  She said these people felt they could shovel to a certain extent, but when the plows block them in, they felt they were unable to remove the snow.
    Mayor Hindman said that is another argument for allowing space between the sidewalk and the street.  He said there are costs involved and, while it may seem cheaper to put the sidewalk next to the street, there are hidden costs involved in doing so.
    Ms. Coble suggested getting this information to presidents of the neighborhood associations.  She said those who are organizing for folks in their neighborhood could possibly recruit additional volunteers.  She said the associations could contact the Boone County Council on Aging, and the City could be more of a broker in those kinds of volunteer activities and points of connection.
    Considering the parks and other City facilities, Mr. Janku asked how much additional street frontage the City currently plows.  Mr. Hood explained that his department clears the sidewalks along the parks, and then the Public Works staff clears the other sidewalks that are considered public.
    Regarding sidewalks, Mayor Hindman said one of the issues has to do with overall sidewalk maintenance.   He asked if it is correct that the adjoining land owner has the sidewalk maintenance responsibilities.  Mr. Beck said technically they do, but the City has participated more and more on a 50/50 basis in some cases.
    Mayor Hindman said in the case of a four foot sidewalk, and when grass is allowed to grow over it six inches on each side, it ends up being very narrow.   He thought responsibility for that kind of thing might be taken on by the City.
    Mr. Kruse thought that is a good point, and said he had no idea it was up to him to maintain his sidewalk.  He shovels snow on it and keeps it free of weeds and debris, but if it cracks, he did not think he should have to fix it.   Mrs. Crockett said it is in his yard and it is his property.  Mr. Kruse did not consider that good public policy.
    Mr. Beck pointed out that Columbia probably does more in the area of sidewalk construction and maintenance than most typical cities.  He said Columbia was the first city to get into sidewalk construction in neighborhoods.   He said typically, sidewalks are tax billed and the maintenance is the responsibility of the property owner. Mr. Beck observed there are advantages as well as disadvantages to that policy.
    Mrs. Crockett asked who was responsible if someone were to fall on a sidewalk.  It was decided it would be the City's responsibility.
    The Council agreed this would be a good discussion for the new Bicycle/Pedestrian Commission.

(D)     Outdoor Lighting/Street Lighting.
    Mr. Beck noted that reports had been prepared by two departments because the issue relates to private property off the public right-of-way (that might have an impact on the right-of-way or on neighboring residents) and the street lighting system itself.
    Mr. Kruse noted something called "The Outdoor Lighting Manual for Vermont Municipalities".  He said it is a very interesting publication that provides incredible detail on street lighting for both commercial and private property.  He said this is a very complicated issue as there are matters to consider pertaining to safety, glare, over-lighting, and light trespass.  Mr. Kruse said he has received numerous comments from people regarding their concern about what they consider to be excessive lighting.
    Mr. Kruse made the motion that the staff report on outdoor lighting be referred to the Energy and Environment Commission , accompanied by "The Outdoor Lighting Manual for Vermont Municipalities", which contains a model outdoor lighting ordinance.  He further motioned that the Commission review the staff report, the manual and the model ordinance contained therein, provide opportunities for public input, and make recommendations to the Council by March 1, 1999, regarding public policy with respect to outdoor lighting, including street lighting and lighting on private developments.  The Commission's recommendations, after Council discussion and/or work session, may then be referred to the Planning and Zoning Commission for further review and recommendation.  The motion was seconded by Mayor Hindman.
    Mr. Janku noted the street lighting issue was previously discussed, and it had been interpreted as a moratorium on new street lights.  He said any ordinance amendments would not be doing that, as he understood it.  Mr. Kruse said that is correct.  He said the report included a proposed ordinance to alter street lighting standards.  Mr. Kruse indicated he is not uncomfortable going ahead with that, but he thought the Commission should review the street lighting issue as well.  He said they may have other suggestions to make as well.
    Mr. Coffman felt street lighting is a much simpler ordinance.   He asked if Mr. Kruse wanted the Energy and Environment Commission to come back with both issues in March, or if they could deal with each issue separately.  Mr. Kruse said he is comfortable going ahead in two phases; amending the current street lighting ordinance right now, but he would not preclude the Commission from making other recommendations about street lighting.
    Mr. Janku asked if Mr. Kruse would want to suggest going forward with the street lighting ordinance, with the idea that the Commission could look at it after it is in effect.  Mr. Kruse said that would be fine.  He said the changes recommended by the staff for the street lighting ordinance were fairly minor -- it would basically change the spacing on arterial streets from 200 feet to 400 feet.
    Mayor Hindman asked if Mr. Kruse is suggesting that the ordinance be left as is until the other suggestions are made so they could all be done at one time.  Mr. Kruse said that would be the easiest way to do it, but he had the sense from Mr. Malon that he wanted to get some direction on street lighting.
    Mr. Beck suggested one alternative might be to ask the Commission to act on the street lighting first, and bring it back instead of holding both items together.  He said the street lighting issue really would not have to go the Planning and Zoning Commission, and that may be another reason for separating the issues.   Mr. Kruse said that would be fine, and asked if the sense of that could be communicated, along with the motion, to the Commission.
    The motion made by Mr. Kruse, seconded by Mayor Hindman, with the sense of it being amended, was approved unanimously by voice vote.

(E)     Columbia Festival of the Arts Status Report.
    Report accepted.

(F)     Interim Land Use Recommendations in the New Route AC Corridor.
    Mr. Hancock explained that staff spent a couple of months with the Planning and Zoning Commission and the residents in the area looking at this corridor.   He said the Commission is recommending that the Land Use Plan currently in effect remain in effect for that area.  He said they devised some potential local streets that at least try to indicate some support for residential development in the area.  The only real change is a recommendation from the Commission that the eight acre tract at the new route AC and Green Meadows be developed in some sort of controlled commercial manner.
    Mr. Kruse made the motion that the Council accept the recommendations made by the Planning and Zoning Commission.  The motion was seconded by Mr. Campbell and approved unanimously by voice vote.

(G)     Amendment No. 7.
    Mr. Beck explained that Amendment No. 7 deals with Missourians for Clean Water and would be on the November ballot.  He said the General Assembly would be authorized, under this program, to issue $300 billion in bonds to cities and counties making improvements to protect safe drinking water, sewer improvements, and controlling storm water erosion and property damage.   He said one of the programs coming down from the EPA to local governments is quite a bit more responsibility, over and above what is being done currently, in the area of storm water management.  Mr. Beck reported staff thinks there will be a substantial amount of assistance available from this proposal that will be before the voters.  He said it will assist cities, like Columbia, in the areas of storm water management.  Mr. Beck said he had been asked about the pros and cons of the proposal, and he felt the City could come down on the side of supporting this particular amendment if the Council is comfortable with it.   He read a resolution as follows:

    Ms. Coble made the motion that staff proceed with the resolution.  The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.

    Upon receiving the majority vote of the Council the following individuals were appointed to the following boards and commissions:

Anderson, Harold D., 290-0 Northland, Ward 2 - term to expire 11/1/01
Feltman, Sharon K., 1136 St. Christopher, Ward 4 - term to expire 11/1/01

Mescher, Kirk T., 308 Stalcup, Ward 4 - term to expire 8/1/01

Moore, Mitchell J., 1210 W. Broadway, Ward 4 - term to expire 10/31/01
Schmitz, Larry J., 2280 S. Alamos Place, County - term to expire 10/31/01

    Regarding Scott Boulevard and Vawter School Road, Mr. Kruse said there are a couple of very large traffic islands being developed.  He said the curbs and gutters have been poured, but the interior section has not been filled yet.  He understood, from talking to the developer, that the County is going to fill it in with concrete.  Mr. Kruse thought the islands should be landscaped and are in an ideal place to be Adopt-A-Spots.  He asked the staff to contact the County to make sure the contractor does not pave them over.
    Mr. Kruse made the motion that the staff be directed to contact the appropriate persons to evaluate the landscaping possibilities.  The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.
    Regarding the traffic signal at Audubon/Stadium/East Pointe, Mr. Coffman said it looked like there is an agreement between the City, the developer, and Hollywood Theaters to put in a traffic signal, and also an agreement to put in the pedestrian signal heads and facilities needed there.   He said the City is also encouraging the owner on the corner to put in the little piece of sidewalk that would then connect the two neighborhoods.  Mr. Coffman thanked Mr. Patterson for keeping up with the project.
    Ms. Coble explained that she had on-going conversations with the people from the Ridgeway Neighborhood Association regarding the long-awaited storm water project that is taking place on North Garth, and the issue of replacement trees for those that will be lost as a result of the project.  She understood there is a timing concern when homeowners do not initially respond to questions about an interest in replacement trees, and realized that is the case in this situation when some landlords did not respond.  Ms. Coble is curious about a system being worked out on this project, with some trees being made available from Water and Light and some as a part of the Public Works effort, that could be used for other projects.
    Mr. Patterson said letters offering to meet with property owners and residents had been sent out several months before the hearing.  He reported staff did not receive any responses.  He said it had been indicated recently that landscaping can be added to the project rather than trying to do something with the contractor.   Mr. Patterson stated staff needed some direction as to what the Council prefers.  Cost estimates could be provided regarding the options for replacement of the trees, and then Council could make a determination of whether or not staff should proceed with it.  Mr. Patterson said any tree replacement would be done separately from the storm drainage project.
    In terms of developing a project, Mr. Janku said often the owner may not reside on the property, and they may not be as interested or aware of the impact of moving the trees.  He asked if there was anyway staff could include, in the original project, replacement trees as part of the plan (unless someone strenuously resists).   He wondered if the City could obtain easements for tree replacements as part of the process and include it unless otherwise directed.  Mr. Patterson said it does create problems when the person living at the home does not necessarily own the property.  He said staff is limited to dealing with the property owner for property rights and the uses of it.  Mr. Patterson noted quite frequently the City will have to pay for the trees because the owner would rather have the compensation, but there is always an offer for replacement.   He explained many times two and three trees are offered for one as part of the easement negotiation.   He said it is somewhat difficult when dealing with a property owner to justify publicly that the City is going to pay $400 for a tree, and then winds up going back to plant another in its place.  Mr. Patterson said that is part of the compensation for damages when a property has to be condemned or appraisals have to be made.  Mr. Patterson said staff is more than willing to do whatever the Council would like as far as preparing alternative designs and landscaping.  He said there are some limits on how the City can deal with property owners and tenants of an area.
    Mr. Janku said one of the things the landscaping ordinance is based on is the public benefits of trees.  He thought the Council could make the same argument, that the public benefit of tree replacement is preferable regardless of the decision of the landowner.  Mr. Patterson said that can be done.   He said the City can even condemn easements for planting if that is what the Council wishes to do.
    Ms. Coble said she has spoken with folks in regards to the project on Coats Street -- where there had been a pairing of replacement trees from the street and storm water work, and then additional trees from Water and Light really enhanced the entire project.   Mr. Patterson said that is essentially what he is talking about in this instance.   Ms. Coble said projects of this kind can enhance the activities within a neighborhood association.  She said a long-awaited street project, and repairs of that sort do bring a new level of focus.  Ms. Coble observed that sometimes it is awkward when that kind of work has not been done before.  She thought it had been compounded in this one instance by the number of property owners that do not live in the area.   With North Garth being one of the historic gateways to the City, Ms. Coble thought it is very important that trees are replaced.  She fully trusted that would happen.
    Mr. Janku noted a program to be offered in St. Louis primarily directed to landlords.  He said it involves how to deal with housing conservation, problem tenants, etc.  He suggested that the staff check into it to see if it might be something that could be developed in Columbia.   Mayor Hindman said he had received a notice today from the Apartment Owners Association, and they have put together a meeting very similar to what Mr. Janku was referring to.   He told Mr. Janku he would get a copy to him.
    During the discussion on the CDBG grants, Mr. Janku said there appears to be a potential situation with either federal law and regulations that could have an adverse impact on the City of Columbia.  For example, even though city agencies like the Food Bank can obtain funds from the City of Columbia, they are ineligible to apply to the state for funds -- even though they provide extensive services outside the City of Columbia in many surrounding counties.  As the major  city in this area, Columbia has many social service agencies that are restricted from applying to the state for funding.  Mr. Janku suggested the question be examined to find out if that is really the case.  If so, he suggested lobbying for some sort of revision to the federal policy.  Mr. Beck said someone had called that to his attention and he has the staff looking into it.
    Audrey Sable, 3800 Mint Julep Drive, asked if the Guitar Mansion (Confederate Hill) is on the National Historic Register.  Mr. Kruse said he is sure it was.
    Henry Lane, 1816 E. Broadway, spoke about the Use Tax and the ballot language.  He is concerned that the ballot language stipulated that some of the funding would be used for Joint Communications, but he had been told that is not the case -- there are no Joint Communications projects planned for the Use Tax.  If that is true, he said the entire second paragraph should be excluded from the language.  Mr. Lane is also concerned about the revenue to be generated from the tax.  He said as far as he could determine, there would not be any revenue coming in until May of 1999.  He said there would only be two quarterly business payments made from January 1 through September 30th, which amounts to around $440,000 based upon an annual estimate of $800,000.
    Mr. Beck said the figures used to calculate revenues that would be collected from the proposed Use Tax are available to the public.  He said the City's goal is to accurately communicate to the community the planned use for the funds.  He said one question that keeps coming up is how many Columbians will be paying the Use Tax.  Mr. Beck stated that the Department of Revenue, the administrator of the program, had reported that 461 individual tax payers in the State of Missouri have filed a state use tax form.  He thought less than $30,000 is collected on a statewide basis.  Mr. Beck explained that those individuals in Columbia would be paying a state use tax to the State Department of Revenue, and the State in turn will refund that amount to the City.
    The meeting adjourned  at 9:45 p.m.

                                                                                          Respectfully submitted,

                                                                                          Penny St. Romaine
                                                                                          City Clerk