M I N U T E S
 CITY COUNCIL MEETING - COLUMBIA, MISSOURI
 JUNE 7, 1999
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, June 7, 1999, in the Council Chamber of the City of Columbia, Missouri.  The roll was taken with the following results: Council Members COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, and JOHN 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 May 17, 1999, as well as the minutes of the special meeting of May 20, 1999, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mrs. Crockett.

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mayor Hindman noted that B197-99 would be added under Introductions and Report D would be added under Reports and Petitions.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. John and a second by Mrs Crockett.

SPECIAL ITEMS
1.     Housing Authority Annual Report
    Marvin Kinney, Chair of the Columbia Housing Authority Board, presented the Authority's Annual Report, Financial Audit, and a check in the amount of $45,441.41.   Mr. Kinney noted that CHA achieved an 85% score from HUD for the 1998 fiscal year, which indicated steady improvement in management operations.  He acknowledged the efforts of Doris Chiles, Executive Director of CHA, in providing guidance to the Board and leadership to CHA staff.
    Mr. Janku commented the improvements made by the Authority have been measurable.  He thanked the Board for their hard work.
    Mr. Campbell stated he could remember some of the low grades CHA received a few years back, and noted the remarkable improvements since that time.
    Mr. Kinney mentioned with the new Housing Act, part of CHA's operating funds will be based on grading.  He said it was very important for them to do as well as they can.
    Mayor Hindman commended them for a fine job.
    Ms. Crayton, as a former CHA tenant, said she has seen a great improvement in public housing in Columbia.  She said they have done a wonderful job in turning things around.

SCHEDULED PUBLIC COMMENTS
    None.

PUBLIC HEARINGS
B158-99     Establishing permanent R-1 zoning on property located on the north side of Smith Drive,
                    approximately 1,200 feet west of Stone Valley Parkway.
    The bill was given second reading by the Clerk.
    Mr.  Beck noted that this has been recommended for approval by both the staff and the Commission.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B158-99 was given third reading with the vote recorded as follows:  VOTING YES:  COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B160-99     Approving the change of street names of Bridgeport Drive and Gloucester Lane to
                    Baurichter Drive.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this change was recommended for approval by the Planning and Zoning Commission on a 7-0 vote.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B160-99 was given third reading with the vote recorded as follows:  VOTING YES:  COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B167-99     Calling for bids for the renovation and improvements to Worley Street Park.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that $63,000 in Community Block Grant monies had been budgeted for permanent improvements to the Worley Street Park.  He asked Mr. Hood to explain the project.
    Mr. Hood displayed the plan on the overhead which had been prepared by the Parks Services Division.  He explained that staff had worked very closely with the neighborhood association and the existing neighbors, particularly those with property adjacent to the park.  Included in the plan is replacement of the current fencing (both the wooden privacy fencing and the chain link fencing), and developing an additional tot lot area and a full size basketball court (to replace an existing half court).  Mr. Hood outlined minor additional benches, picnic tables, and a drinking fountain will be added as well.  Although not part of this project, he noted ADA funds will be used to replace the walkway through the park.
    Ms. Crayton asked about the lighting.  Mr. Hood said lighting has been a concern, but the neighbors are also concerned about there being too much light reflecting into the adjacent homes.  He indicated some additional lighting is called for in the plans.  Mr. Campbell interjected that this park would be an ideal location for "shoe box" lights.  Mr. Hood said staff could look into it.
    Mayor Hindman opened the public hearing.
    Waldo Palmer, 414 Alexander, commented this neighborhood has a lot of children and he is concerned about the basketball court.  He said the people that use it now are not children, they are adults that drive up in cars.  He said the park should be a children's park.  Mr. Palmer suggested low courts so the children could practice shooting.  He also suggested half benches.
    Ms. Crayton agreed with Mr. Palmer.  She said there is often the wrong element at this park and they are not children, but grown men.
    Mr. Hood reported staff had discussed the basketball situation, at length, with the neighborhood association.  He explained that the existing court is located on the south end of the park, adjacent to Worley Street.  Mr. Hood stated that is the area that will be converted into a tot lot playground for young children, and the basketball court will be shifted to the north end of the park.  He said the neighborhood association requested that the playground be at that end of the park so mothers would not have to go past the basketball court to get to it.
    Mayor Hindman closed the public hearing.
    In terms of the benches and tables, Mr. Janku asked if that was something staff could still look at, taking into consideration the comments made.  Mr. Hood said they could.  He indicated staff has the flexibility to put in whatever is desired.
    Mr. Campbell asked about the suggestion of lower courts.  Mr. Hood said he thought there would be a good possibility that older kids would take advantage of the lower baskets to play their own version of slam dunk.  He believed the goals would probably end up being destroyed.
    Mayor Hindman asked Ms. Crayton how she felt about the basketball court being proposed for the north end.  Ms. Crayton did not mind the court being there, but said she did not know what the City could do other than lighting it up to keep the wrong element out.
    Mayor Hindman stated he is a great believer in providing recreation in the neighborhoods.  He felt there were many positives to kids playing basketball.  Ms. Crayton related she did not want to take the court away from the children, but wanted everyone to be aware of some of the other things that have been going on.
    Because of the long layout of the park, Mr. Janku thought the problem would occur without the basketball court.  He said the design has made some improvements in terms of accessibility for children.  He thought the City should make sure the park is properly used, and if problems arise, they should be dealt with.
    Mr. Campbell asked if the entire pathway would be lit.  Mr. Hood said that was the intent.  Mr. Campbell observed if the basketball area is lit, the entire long area would be lit.  Mr. Hood said staff had not intended to light the basketball court for night play, but intended to have "street type" lighting throughout the park so it would be well lit at night.
    Mr. John commented where there are parks and open space there will be gatherings of people.  He said if this area was left as an open space, it would probably be worse than providing it as park space because then the only people that might congregate there would be those with ill intent.
    Mayor Hindman said he believed if the City could provide good, safe recreation, they would be doing a great deal to eliminate any problems.
    B167-99 was given third reading with the vote recorded as follows:  VOTING YES:  COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

(A)     Voluntary annexation of property located within the proposed plat of Stoneridge Estates, Plat 3.
    Item A was read by the Clerk.
    Mr. Beck said this very small tract of land is located on the west side of the City and it would enlarge an existing lot.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Legislation enacting the annexation is being introduced as B172-99.

OLD BUSINESS
B135-99     Authorizing a municipal agreement with the Missouri Highway & Transportation
                    Commission for improvements to Route AC; appropriating and transferring funds.
    The bill was read by the Clerk.
    Mr. Beck explained since this issue was tabled at the last meeting, he and Mr. Patterson met with the MoDot staff.  He briefly outlined the history of the project.  Mr. Beck reported the question that has arisen in recent weeks pertains to connecting Old AC to the intersection.  He noted one of the alignments for AC was a connection to Green Meadows Road (a 38 foot collector street), which would have routed the AC traffic onto Providence Road.  He pointed out that at some point, a major part of the traffic would have to turn southward.  Mr. Beck said that was part of the thoroughfare plan to begin with -- that AC, Nifong, and Scott Boulevard would be a smaller outer roadway, similar to Stadium but smaller in capacity.
    In discussions about the alignment of AC, Mr. Beck said it was suggested, as a result of numerous public hearings, that the congestion at Providence and the 63/New Haven Interchange should be studied to determine whether or not some of the traffic could be taken away from the two intersections.  He related that was when consideration was given to connecting Southampton to AC on the west end, and connect Green Meadows Road to AC on the north end.  Mr. Beck reported the road would not have been a major carrier, but more of a collector street.  There had also been some discussion with MoDot about trying to alleviate some of the traffic congestion at the intersection on the east end.  The design staff came up with a plan that was reviewed by MoDot's main office and submitted as their final plan.  When he and Mr. Patterson met with them to emphasize the need for further study of the east interchange area, he noted that all of the work being proposed in the area would not totally solve the situation.  He said the City would need to request that MoDot continue to study the 63/AC interchange, regardless of what is done on AC.  Mr. Beck indicated relief routes, such as LeMone and others, would really alleviate the overcrowding of that interchange.
    Mr. Patterson reported the individuals that he and Mr. Beck met with were in a position to make decisions regarding the realignment project.  He said they learned the right-of-way acquisition process had been completed, contracts had been signed, and there were really no changes that can be made to the new proposal for the east end.  He related the individuals from MoDot regretted that there was a misunderstanding about the City's desire to be involved in the final decision making process.  Mr. Patterson said he did not think there was a deliberate attempt to snub or disregard the City, and he believed MoDot had not understood the City's request to be to the depth that it was.  Mr. Patterson explained their reasoning for the decision involved a potential precedent setting law suit the State thought could have greater impact than just on this one project.  It had also been explained to Mr. Patterson and Mr. Beck that the State acquired right-of-way at no cost in return for making this agreement, and acquired all access rights to Route AC, with the exception of two entrances on the existing roadway.  In addition, it was also explained that MoDot has a traffic study from the consultant for the property owner that indicated that the intersection would work successfully.
    While the City may disagree with the State's decision, Mr. Patterson said he thought they all realized that because of the timing of the impact of the decision, it is in the City's best interest to proceed with greater emphasis on doing something at the interchange as quickly as possible.  When talking about the change in design, he said the only change is the one entrance.  Staff recommends the execution of the agreement in order to stay on schedule with the project.
    Mr. Janku asked if it was still the goal to have some sort of clover leaf in at least part of this interchange.  At the meeting with the State, Mr. Patterson reported conceptual designs had been presented on what might be done at this interchange.  He thought there was consensus amongst the technical people that the most desirable option would be a "single point interchange" at a cost of about $10 million.  He explained it would require complete rebuilding of the ramp to bring all of the turning movements into one signalized intersection at the bridge.  In addition, Mr. Patterson related they were also shown some options for bringing the ramp off of 63 and tying it into a portion of AC and then building another slip ramp to the south.  He said there would not be room for a clover leaf without taking out a lot of business property.
    Mr. John asked if he understood there would be no access coming up Old AC or Nifong, or off of Ponderosa onto the extension piece.  He understood that traffic would not be able to travel northbound at this location.  Mr. Patterson said the intent was to have it as an exit only.  He said there would be legal movement on it.
    Mr. Janku asked if the remaining street would be a City street.  Mr. Patterson said if it is build in the configuration as outlined previously, it would be retained by the Highway Department.  He said part of the agreement was that there would only be two entrances along the stretch, and the State would retain that right-of-way in order to enable them to make any necessary improvements on the interchange.
    Richard Simpson, President of the Grindstone/Rock Quarry Neighborhood Association, 3407 Rock Quarry, said residents still believe the decision to reroute AC was a bad choice.  He said the lives and properties in the neighborhood are being adversely affected.  Contrary to what is read in the paper and being heard from MoDot,  Mr. Simpson related hundreds of people are being impacted by this proposal.  The Association believes the best course would be to return to the City's plan from the 70's, which was taking a collector street from Grindstone at Rock Quarry west through to Green Meadows.  A road the size of what MoDot is proposing would be much better suited further south.  Mr. Simpson said the concerns of the neighborhood were never properly addressed.  The inevitable development of this area has never been questioned, although a friendlier and more healthy approach would be far more desirable.
    Mariel Stephenson, 2111 Rock Quarry Road, said it seemed to her that MoDot has disregarded the local public as well as neighborhood feelings towards the relocation of AC.  She felt betrayed because from the very outset MoDot has  disregarded the local neighborhood individuals and has again catered to the large land developers.  She noted that now those large land developers do not have to pay for the improvement.  Ms. Stephenson believed the impact on the schools in the area will be unbelievable and she hopes there will be impact fees.
    Louise Eason, 6 Highland Estates, explained that half of the subdivision would be wiped out if they follow the proposed alignment.  She believed everyone that wants the road built to the new realignment has something to gain by it.
    John Clark, 403 N. Ninth, urged the Council to reject the agreement.  He did not think the State would abandon this project because they have a long standing problem, as does the City, on how to get people responsibly and properly off of 63 and west into Columbia.  He said the money may go away temporarily, but it will not go away permanently.
    As Mayor Hindman saw the situation, the decision was made some time ago with respect to the alignment of the road.  He said it had been a tough choice for them and it had been mulled over very carefully. When comparing costs, according to information provided to the City, this alignment was by far the cheaper of the routes.  He related there were various considerations they all agonized over, however, the Council concluded that this was the preferable route.  Mayor Hindman suspected that this was one of the few projects in MoDot history where they actually worked with a citizen's committee.  He said the amenities discussed were arrived at by the citizens committee and approved by the Council.  The actual sidewalk, bicycle lanes, and the grass amounts to three to four percent of the total project cost.  He felt the biggest part of the amenities was the extension to Old Highway 63.  Mayor Hindman commented the issue before the Council tonight is not what the alignment will be, but whether or not they are going to approve an agreement with respect to the amenities.
    Mr. Campbell felt the Council needed to keep clearly in mind that in addition to sidewalks and bike lanes, they asked for a median which added substantially to the cost of the right-of-way.  He said it was true the state could do something different, they could go back to their original plan for a very traditional highway.  Mr. Campbell noted that Mr. Beck has pointed out on other occasions how restricted the amount of money is for highways.  He reported there are many good projects clamoring for funds.  He said we could go to the bottom of this list for this project, which could mean 10 to 15 years down the road.  Mr. Campbell acknowledged this is not an ideal project and he does not like building a bunch of new highways.  In addition, he did not like the process that was followed all of the way, but the State did allow citizen input -- more than they usually do.  Mr. Campbell felt it was time to move forward on the project.
    Mr. Coffman said he could not, in good conscience, vote in favor of this issue.  Although he knew this process was entered into with good intentions, it has been very hard to listen to the people who actually live in this neighborhood and tell them this process has brought them anything in return for what will be a tremendous impact in their area.  He said the road will split right through a neighborhood association.  He said the concerns they have brought up have not been given serious consideration.  Mr. Coffman said he likes the sidewalks, bike paths and the median, which probably could not have been accommodated if the current Nifong had been expanded.
    Mrs. Crockett said if she thought the City could go back to the original plan for a concrete street for $8 million, she would do so without hesitation.  She was fearful of losing the money.  Mrs. Crockett believed the reason these people are being affected by this alignment is because they wanted bike lanes, sidewalks, and a median.  She said with a regular street they would not be nearly as affected.
    Mr. John said his main concern is that MoDot has said they know this project will fail in ten years.  Within weeks of that, they will talk about their 25 year projections.  He said they immediately admit that it is going to at least be a five to fifteen year failure period at that intersection.  Mr. John indicated the other concern he has about the plan is that the design specifications show 700 feet between ramps and access roads.  He reported MoDot will not let anyone else violate that, but yet when it suits their needs, they violate it.  Mr. John commented he did not have a problem with the alignment per se, except the alignment was made under the assumption that this was the most economical way to do it.  When the expenses started to add up, the State started backing down.  He said it was obviously poorly planned by them because they did not calculate the expenses properly.  Mr. John summarized his objection is on two points: the expense to the City on the amenities being put into it, and the fact that the State is violating their own rules.
    Mr. Janku said this is not a perfect road and each of the alignments had problems which were identified at the public hearing.  He said there were going to be negative impacts no matter which route they chose.  Mr. Janku disagreed with the concern about some of the so-called amenities.  He felt the sidewalks to be important.  He noted the City spent $400,000 on a public park and there is R-3 zoning adjacent to the road.  Mr. Janku believed people will be walking along the road whether or not the City wants them to, and they should be able to walk safely.
    Ms. Crayton asked about the impact to the neighborhood.  Mr. Campbell said there were a number of neighborhoods that would be impacted.  He said when the first decision was made on the realignment, they had looked at the number of houses that would have to be removed by any one of the three designs.  He said there were also questions of cost and other things that were taken into account in making their decision.  Ms. Crayton asked if the neighbors on all sides would be impacted.  Mr. Campbell said they would be.
    Mrs. Crockett asked Mr. Patterson what he thought would happen to the $8 million if the Council defeated this bill.  Mr. Patterson was reluctant to anticipate what actions the other agency would take, but said his recommendation was to proceed on it because there is a great deal of demand for limited department funding.  He thought if the City showed an inclination to not construct this project, it would be taken as an opportunity by MoDot to address other serious problems in the state.  Mr. Patterson would not bet on us getting the money back at some point in the future.  Mrs. Crockett asked about the cost of the project at this point.  Mr. Patterson said it was about $10 million of state funding and $1.1 million in City funding.
    B135-99 was given third reading with the vote recorded as follows:  VOTING YES:  HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL.  VOTING NO: COFFMAN, JOHN.  Bill declared enacted, reading as follows:

B155-99     Amending Chapter 27 of the code to establish an interruptible service rate.
    The bill was given second reading by the Clerk.
    Mr. Malon explained that this is a new electric rate for the department, but not a new concept.  He said it has been used by many utilities across the country, particularly for industrial customers that have the ability to make major reductions in their load.  Mr. Malon related several years ago, his department modified the rates to levelize them more, and some of the customers with very poor load factors got real significant cost increases.  One particular customer has the ability to get off the system during hot days, and by doing so, can dramatically reduce their costs.  In addition, this also dramatically reduces the City's cost because we do not have to buy the capacity for this customer, and we can sell them capacity energy at other times when we have it and it is not being used by the rest of the system.  Mr. Malon reported the Water and Light Advisory Board has discussed this issue several times and support it.
    B155-99 was given third reading with the vote recorded as follows:  VOTING YES:  COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B159-99     Approving a replat of Lots 1 and 2 of Hugh M. Hall's Subdivision of N.W. Wilson's
                    Addition; granting a variance to the subdivision regulations.
    The bill was given second reading by the Clerk.
    Mr. Beck said this one-quarter acre tract will create two R-3 lots.  The ordinance provides for a variance on the right-of-way width in this older part of the city.  He noted that the Planning and Zoning Commission recommended approval of the request.
    B159-99 was given third reading with the vote recorded as follows:  VOTING YES:  COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B164-99     Authorizing acquisition of land for a compactor site in the alley located adjacent to the
                    Eighth & Cherry parking structure.
    The bill was given second reading by the Clerk.
    Mr. Beck said the Council discussed this some time ago when talking about the parking garage.  He noted that the alley is located on the east side of the structure, and the idea is to acquire the alley in order to place the compactor there.
    Jack Waters, 712 Westridge, Chair of the Special Business District, explained the advantages of the compactor solution downtown relating to smell containment and visual issues.  He reported compactors have been placed in various locations within the district for the last seven or eight years.  He noted the dramatic improvements in the appearance of the downtown area since the compactors have been installed.  Mr. Waters pointed out that Mr. Patterson's group had helped the SBD evaluate the economic aspect as well.  He added that they have seen some utility advantages in the process.  Mr. Waters encouraged the Council to consider the request in a positive manner.
    B164-99 was given third reading with the vote recorded as follows:  VOTING YES:  COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B166-99     Approving Change Order No. 1 to the contract with J.C. Industries for the Oakland Gravel
                    Road project.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this would provide for 1,375 feet of water main that would be added to the Oakland Gravel Road project.  He noted staff reviewed the unit prices being proposed and found them to be very competitive with other jobs of the same type.  The estimated cost for the project is $72,285.
    B166-99 was given third reading with the vote recorded as follows:  VOTING YES:  COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B168-99     Authorizing an agreement with Boone County for animal control services.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the City has had an agreement with the County for animal control services since 1991.  These services are valued at $103,332, with $15,000 being used to buy a van.
    B168-99 was given third reading with the vote recorded as follows:  VOTING YES:  COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN.  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.

B150-99     Accepting an easement for water utility purposes; approving engineer's report and
                    authorizing payment of differential costs for water main serving the Woodhaven Learning
                    Center.
B151-99     Accepting deed of dedication for water purposes; approving engineer's report; and
                    authorizing payment of differential costs for water main serving Liberty Square, Block 3.
B152-99     Confirming the contract for the Route B water main relocation project; appropriating
                    funds.
B153-99     Confirming the contract for construction of a water main serving Gregory Heights.
B154-99     Accepting easements for utility purposes.
B156-99     Vacating a portion of a utility easement located along the east side of Providence Village
                    South Subdivision, Plat 1-B.
B157-99     Vacating a portion of a utility easement located along the east side of Providence Village
                    South Subdivision, Plat 1-C.
B161-99     Approving the final plat of Broadway Oaks, Plat 1; authorizing a performance contract.
B162-99     Approving a replat of part of Lot 22 of Northland Acres Subdivision; authorizing a
                    performance contract.
B163-99     Authorizing an agreement with the Department of Transportation for a Federal Transit
                    Administration grant.
B165-99     Authorizing right-of-use permits for the construction of the Hinkson Creek Trail.
 R97-99      Setting a public hearing: voluntary annexation of property located approximately 200 feet
                    west of Scott Boulevard, between The Hamlet and Georgetown Subdivision.
R98-99       Setting a public hearing: special assessments against property benefited by the West
                    Broadway sidewalk and Smiley Lane walkway project.
R99-99       Setting a public hearing: Hinkson Creek streambank stabilization project.
R100-99     Setting a public hearing: Route AC sanitary sewer relocation project.
R101-99     Setting a public hearing: water main construction serving Country Woods Subdivision,
                    Lot 2; authorizing payment of differential costs.
R102-99     Authorizing reimbursement of the Benton-Stephens Neighborhood Association for
                    expenses incurred in advertising a neighborhood meeting.
R103-99     Amending a contract with the Missouri Department of Health for WIC funding.
R104-99     Authorizing a contract with the Missouri Department of Corrections to provide
                    tuberculosis testing and flu shots for employees and volunteers.
R105-99     Authorizing an agreement with the Curators of the University of Missouri for use of
                    university property for the Independence Day Celebration.
R106-99     Authorizing an agreement with the Columbia Cosmopolitan Club for annual Fire in the
                    Sky, Independence Day Celebration.
R107-99     Authorizing an agreement with the Missouri Department of Natural Resources relating to
                    the injection of sludge in agricultural fields.
 
    The bill were given third reading and the resolutions were read with the vote recorded as follows:  VOTING YES:  COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN.  VOTING NO: NO ONE.  Bills declared enacted and resolutions declared adopted, reading as follows:

    Mrs. Crockett commented that on B152-99, she had been contacted by a contractor who indicated that at the pre-bid conference it had been stated that time was of an essence in getting this project completed (Route B water main relocation), and to keep this in mind when figuring bids.  She indicated when the bids were opened, the bid price and the amount of days estimated to complete the project were read.  This particular contractor turned his bid in for 80 days, but the contractor that is being awarded the bid turned his in for 120 days.  Mrs. Crockett reported the 80 day bid was a little higher.  She suggested in the future if the City stresses that timing is of utmost importance, that it be taken into consideration when the bids are turned in.  Mr. Malon said he would make sure her suggestion is relayed to the engineers.

NEW BUSINESS
R108-99     Authorizing an agreement with the University of Missouri for the Senior Games and the
                    Show-Me State Games.
    The resolution was read by the Clerk.
    Mr. Beck commented that money has been budgeted toward these programs and this would authorize the formal annual agreement.
    The vote on R108-99 was recorded as follows:  VOTING YES:  COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R109-99     Authorizing a settlement agreement with Michael and Cheryl Kelly.
    The resolution was read by the Clerk.
    Mr. Beck said this reflects a change in the previous agreement the City had with the Kelly's due to a recent survey.
    The vote on R109-99 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN.  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:

B169-99     Authorizing an annexation agreement with Craig and Shelley Simon.
B170-99     Vacating portions of street right-of-way and utility easements within Dinwiddie Industrial
                    Park, Plats 1 and 2 and abrogating certain lots.
B171-99     Vacating an unbuilt street right-of-way located north of Vandiver Drive and west of Parker
                    Street.
B172-99     Voluntary annexation of property located within the proposed plat of Stoneridge Estates,
                    Plat 3.
B173-99     Approving the final plat of Heritage Meadows, Plat 6; authorizing a performance contract.
B174-99     Approving the final plat of Wyatt Lane Acres, Plat 6; authorizing a performance contract.
B175-99     Approving Change Order; approving engineer's final report; levying special
                    assessments; and appropriating funds for the West Broadway sidewalk and Smiley Lane
                    walkway project.
B176-99     Calling for bids for the construction of the Hinkson Creek Trail Phase II.
B177-99     Calling for bids for the Route AC sanitary sewer relocation project.
B178-99     Approving Change Order No. 1 to the contract with United HRB General Contractors for
                    the renovation of the Eighth and Cherry parking structure.
B179-99     Confirming the contract for construction of improvements at the airport; appropriating
                    funds.
B180-99     Confirming the contract for the Brown Station Road improvement project; appropriating
                    funds.
B181-99     Confirming the contract for downtown intersection improvements at Sixth and Broadway,
                    Hitt and Broadway, Waugh and Broadway, and Eighth and Walnut.
B182-99     Confirming the contract for construction of sanitary sewers for the Route B sanitary
                    sewer relocation project.
B183-99     Authorizing an agreement with Bucher, Willis & Ratliff for engineering services for
                    improvements at the airport.
B184-99     Amending Chapter 14 of the Code to establish an all-way stop at the intersection of
                    Cherry and Fifth Streets.
B185-99     Amending Chapter 14 of the Code as it relates to no parking, tow-away zone.
B186-99     Amending Chapter 27 of the Code relating to street lighting standards.
B187-99     Approving engineer's report for water main upgrade along Vawter School Road.
B188-99     Approving engineer's report for 12-inch water main along Fairview Road.
B189-99     Accepting easements for utility purposes.
B190-99     Authorizing a water interconnect and purchase agreement with Consolidated Public
                    Water Service District #1.
B191-99     Appropriating funds to clean, repair and paint the Walnut Street water tower.
B192-99     Authorizing construction of an 8-inch water main serving Country Woods Subdivision,
                    Lot 2; authorizing payment of differential costs; appropriating funds.
B193-99     Accepting a law enforcement block grant to purchase police equipment; appropriating
                    funds.
B194-99     Authorizing an escrow agreement with State Street Bank and Trust Company of Missouri,
                    N.A.; authorizing the purchase and deposit of government securities.
B195-99     Authorizing an agreement with Boone County related to the construction of public streets
                    including the Vandiver Drive/Highway 63 Interchange.
B196-99     Authorizing an agreement with CenterState Properties, L.L.C. related to the construction
                    of public streets including the Vandiver Drive/Highway 63 Interchange.
B197-99     Approving the final plat of Stoneridge Estates, Plat 3.

REPORTS AND PETITIONS
(A)     Intra Departmental Transfer of Funds Request.
    Report accepted.

(B)     Street Closure Request.
    Mr. Beck explained that the request involved closing Ninth Street on Saturday, July 3 and several other downtown streets on Sunday, July 4.  The Central Columbia Board approved the requests.
    Mr. Janku made the motion that the request be approved.  The motion was seconded by Mr. Campbell and approved unanimously by voice vote.

(C)     Creative Columbia: a blueprint for action beyond 2000.
    Mr. Beck explained that the Cultural Affairs department submitted this report with a request that the plan be approved by Council.  He said if the Council wished to have a presentation at a work session, the Commission would be available.
    Mr. Campbell saw no need for a presentation and in view of the Council's upcoming agenda for work sessions, he suggested they approve the plan.
    Mr. Campbell made the motion that the Council approve the plan.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

(D)     Private College Zoning Report.
    Mr. Beck explained that the Council had asked for a draft to amend the City's ordinances pertaining to the approval of campus plans for private colleges.  He said if the Council wants to proceed with the amendments, the next step would be to refer the issue to the Planning and Zoning Commission.
    Mr. Coffman said he had suggested the report and he felt the proposed changes address most of his concerns.  He said the current controversy had to do with a lot of confusion as to what master plans actually exist and what they included.  He said the draft contains a lot of specificity and tries to address when changes would need to be filed and the demolition of buildings.  Mr. Coffman thought it was a good start and thanked Mr. Boeckmann and the Planning staff for putting it together.
    Mr. Coffman made the motion that the report be forwarded to the Planning and Zoning Commission for their review and recommendation.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

BOARDS AND COMMISSIONS
    Upon receiving the majority vote of the Council the following individuals were appointed to the following Commission:

PLANNING & ZONING COMMISSION
Perkins, Michael R., 3611 Weymeyer, Ward 3 - term to expire 5/31/04
Skala, Karl D., 5201 Gasconade, Ward 3 - term to expire 5/31/04
Pinkerton, James R., 1014 Westport, Ward 4 - term to expire 5/31/00

COMMENTS OF THE COUNCIL, STAFF, AND PUBLIC
    Because the blue bag system has now been implemented, Mrs. Crockett asked for a detailed report by the last Council meeting in July on the solid waste recovery system, and whether the City should purchase Civic Recycling or build a recovery system on City property.  She noted the last report the Council received was two years ago, and she wanted to make sure the report did not get outdated.  Mrs. Crockett stated she wants the report to include what the City could expect if the deposit ordinance was to be rescinded (money that could be collected from the aluminum cans).  Mr. Patterson said staff would need to update some of the figures, but he felt they could get it back to the Council by July 19.
    Mrs. Crockett explained that the Conley Poor Fund had been implemented many years ago to provide shoes and food for those who could not afford them.  She asked about appropriating $3,000 from the fund to go to the Central Missouri Food Bank and $1,000 for the Nora Stewart Day Care to provide shoes for some of the children.  Mayor Hindman suggested that the Committee have a meeting and come back with a written report to include those recommendations.
    Ms. Crayton distributed pictures to the staff of the house at 208 Lynn, a Habitat House, showing a  creek in the backyard.  The family is concerned about child safety.  She asked the staff to look into it.  Ms. Crayton indicated another resident at the corner of Lynn and Oak has voiced the same concern.
    Ms. Crayton noted she was still receiving comments about Sexton Road and Garth relating to a down zoning request.  She said the owner had promised to down zone the area over 20 years ago.  Mr. Janku noted that the Council had received a report explaining the process.
    Mr. Boeckmann said if the Council wants to initiate zoning, they would have to make a motion for a staff report.  He said that has already been done.  Then if they want to proceed, he said a resolution would have to be drawn up and the Council would vote on it.
    Mrs. Crayton made the motion that the legislation be drafted for Council consideration.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. Janku said he had been contacted by a woman living in a mobile home park with a concern about whether or not the City has a requirement that some sort of shelter be provided in case of severe winds.  Mr. Hancock checked and found there was no such requirement.  Mr. Janku asked for a report on whether other states have those requirements.
    Mr. Janku commented that there is a property on North Garth, just north of Oak, that has been boarded up for a long time.  He said there is a piece of farm/lawn machinery in the front yard and asked that the staff check into it.  Mr. Campbell said he has already asked for a report on how to handle those houses some months ago.  He was hopeful the staff would be coming back with a report soon.  Mr. Janku asked that the staff look at the particular property he is referring to and determine whether there are any code violations.
    Mr. Coffman said there seems to be increasing signs of progress at the Stadium/Audubon intersection.  He was told that work could start as early as today.
    Mr. Coffman noted that a bill was introduced tonight regarding work on the Hinkson Creek Trail through the Grindstone Nature Area and Capen Park.  He asked if anyone had looked at the general feasibility of taking the trail north from the Grindstone Nature Area across Stadium and up to the Rock Hill Trail area.  Mr. Coffman asked for a report as to whether or not that might be a natural place to take the trail.  Mr. Janku suggested that it be evaluated both as a trail under the standards used for ISTEA, and the foot path type approach which may not be quite as intrusive and less expensive.  Mr. Coffman said it is already a frequent foot path from the Rock Hill Creek down along Hinkson and across.  Mayor Hindman commented now that the bridge is refurbished, that would be a logical extension of the trail and would enable residents living in the apartments and the trailer park access to the Grindstone Nature Area and to the Rock Creek Park trail system.  Mr. Coffman pointed out that this is an area where it is difficult for pedestrians to cross Stadium.  He indicated he is not talking about going farther north on Old 63.
    Mayor Hindman said he had received a few letters in opposition to placing overhead power lines on Southampton.  Mr. John said he had a discussion about the situation with Mr. Malon.  Mr. Malon explained that this is a situation very similar to the one the Council talked about with the hotel recently.  He said there is a development occurring south of Southampton, between Providence and Bethel.  He said this is all part of the construction that is feeding the whole area.  Mr. Malon reported his staff spoke to the developer about sharing the cost of undergrounding the utilities, but he has declined.   After having talked to Mr. John about the situation at the Council retreat, Mr. Malon said his staff will contact the developer again and discuss it further.
    Mayor Hindman said he had received a letter from the Ped Net people relating to the Hinkson/Paris Road intersection.  He said they offered a proposal suggesting that a pedestrian island could be constructed in the middle of the widened Hinkson.  Mayor Hindman observed that would require widening Hinkson in the location of the island.  He noted since the City owns the land on all sides, there is no right-of-way issue.  It was noted that this related to a public hearing that had been tabled to the June 21st, 1999, Council meeting.
    Robert Pugh, 4505 Hockaday Place in the Arcadia Subdivision, said he had spoken with Mr. Janku about his concerns regarding street lights.  He reported the houses on Americas have no street lights.  Mr. Pugh stated that he and many of his neighbors have experienced frustration in calling the City and being told that the subdivision is served by Boone County, and then the County telling them they are served by the City.  He reported he recently spoke to a secretary in the electrical engineering division of the Water and Light Department, who had been very helpful and had promised him results.  Mr. Malon explained that Arcadia is not served by the City's Water and Light Department, but by Boone Electric.  He explained that the City has an agreement with Boone Electric in that they will provide street lighting in the same manner the City does.  Because the City was not involved in it, the subdivision did not get a design to put in street lights.  Mr. Malon indicated staff is developing a layout for street lighting, and when it is finished they will get it to Boone Electric.  He commented he could not speak for Boone Electric as to how fast they could get the lighting installed, but Mr. Malon reported the City's portion would be taken care of as soon as possible.  He noted there had also been some complaints about valve boxes sticking up.  Mr. Malon stated they would be fixed very shortly as well, if they have not been taken care of already.  Mr. Pugh indicated they were taken care of the very next day.
    John Pascucci, 3104 Timberhill Trail, stated his displeasure with the decision that was made earlier this evening on the AC improvements as well as past decisions made on other issues.
    Karl Skala, 5201 Gasconade, thanked the Council for appointing him to the Planning and Zoning Commission and also for all of the time they devote to the City.
    The meeting adjourned at 9:45 p.m.

                                                                                     Respectfully submitted,
 
                                                                                     Penny St. Romaine
                                                                                     City Clerk