M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
NOVEMBER 15, 1999
 

INTRODUCTION
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, November 15, 1999, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, and JANKU were present. Member CROCKETT was absent. The City Manager, City Counselor, City Clerk, and various Department Heads were also present.
 

APPROVAL OF MINUTES
    The minutes of the regular meeting of November 1, 1999, as well as the minutes of the special meeting of November 3, 1999, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mr. Janku.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mayor Hindman noted that R223-99 would be added under New Business.
    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 Mr. Coffman.
 

SPECIAL ITEMS
    None.
 

SCHEDULED PUBLIC COMMENTS
    None.
 

PUBLIC HEARINGS
B390-99     Authorizing construction of improvements to the Rainbow Softball Center.
    The bill was given second reading by the Clerk.
    Mr. Beck pointed out that $75,000 had been ear marked for this project during the budgeting process.
    Mr. Hood described the facility as a six field, lighted softball complex located in the City's 500 acre Columbia Cosmopolitan Recreation Area. He explained that the complex has been in operation for 17 seasons and has earned the reputation as one of the highest quality softball complexes in the Midwest. Mr. Hood reported on the plans to renovate the fields, replace segments of fencing, and update the lighting. He noted that some playground equipment would be replaced and added that they would like to renovate the outside eating area of the concession facility as well. In addition, work is planned for the existing landscaping, particularly the retainers for the beds. Mr. Hood indicated these improvements to the Rainbow Softball Center would be the first phase of what they hope to be a two phase project.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Janku noted the fields attract users from across the state and that national tournaments have been played at Rainbow Softball Center. He commented that the improvements would be paid for by user fees.
    B390-99 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: CROCKETT. Bill declared enacted, reading as follows:
 

B391-99     Authorizing construction of improvements to the Antimi Sports Complex.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this complex had also been discussed during the budget process at which time $40,000 had been budgeted for the improvements. Staff hoped to begin the project this fall in order to get as much completed by the next season.
    Mr. Hood described this sports complex, also located in Cosmopolitan Park, as a four field, lighted baseball/softball facility used for youth programs. For the past five or six years, he explained that they have created two temporary fields just to the north of the existing four fields. Mr. Hood explained that they created the two fields by using temporary plastic fencing panels and they would now like to install permanent fencing to create two permanent fields for the youth program. He also remarked on the plans to construct a paved walkway from the parking area to the two fields. The funding for this project would come from user fee monies.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B391-99 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: CROCKETT. Bill declared enacted, reading as follows:
 

B392-99     Authorizing construction of improvements to the Lake of the Woods and L.A. Nickell Golf Courses.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that once again, funds were ear marked during the budget process for these improvements. He reported that the $180,000 set aside for this project will be paid for out of the golf course improvement fund.
    Mr. Hood explained that major improvements had been made at the Lake of the Woods course when the hard surface cart paths had been installed. He noted that project has been paid off with receipts from the golf course improvement fund fees. Mr. Hood stated his department is now in a position to move forward with additional improvements which include the establishment of a computerized tee reservation system and point of sale cash inventory computer system. He remarked his staff has been working with the internal auditor on strengthening cash controls and cash handling procedures. Mr. Hood reported the new computer system would allow them to do that as well as providing a much improved tee reservation system for the golfers.
    Mr. Hood also spoke of the golfers interest in irrigation for the fairways at both courses. Included in the funds for this project would be money to hire a consultant to work on preliminary designs for the irrigation systems. Mr. Hood noted the golfers also suggested that a restroom be added to the Lake of the Woods Golf Course. He felt funds would be available in this project to build a restroom near greens four and seven. In addition, Mr. Hood explained that with the completion of the Pin Oak Regional Sewer System in the Lake of the Woods area, there are plans to connect the club house and maintenance building to that system which would eliminate the septic system currently in place.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B392-99 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: CROCKETT. Bill declared enacted, reading as follows:
 

B399-99     Approving a revision to the O-P Development Plan of The Environment.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that a written request had been received requesting the issue be tabled to the December 20, 1999, meeting.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Campbell made the motion that B399-99 be tabled to the December 20, 1999, meeting. The motion was seconded by Mr. John and approved unanimously by voice vote.
    Mayor Hindman noted that the public hearing would be re-opened at that time.
 

B400-99     Rezoning property located on the east side of Scott Boulevard, south of Chapel Hill Road from R-1 to
                   PUD-5; approving "The Village of Cherry Hill" PUD site plan.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this tract contains approximately seven and one-half acres.
    Mr. Hancock said this would accomplish the front setbacks discussed over the past few months by allowing a 14 foot front setback adjacent to the street. The garages would still be setback a minimum of 20 feet. Mr. Hancock explained that primary access would be from alleys or public access easements.
    Mr. Janku asked who would have the responsibility of snow removal in the alleys. Mr. Hancock responded the alleys are shown as 16 foot private drives built to a dust free surface and then maintained by the developer. He said they would essentially be driveways and the City would not have control over the maintenance of the alleys.
    Mayor Hindman opened the public hearing.
    Roy Finley, 601 W. Nifong, noted there would still be ample driveway parking without blocking the sidewalk. He said they were also asking to set the sidewalks back eight feet from the curb, instead of the standard four, to allow for street trees. Mr. Finley remarked they have worked with the City Arborist to come up with an approved list of trees appropriate to this location.
    Mr. Beck asked where the refuse would be picked up. Mr. Finley said it appeared trash would be picked up from the street.
    Mayor Hindman closed the public hearing.
    B400-99 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: CROCKETT. Bill declared enacted, reading as follows:
 

B401-99     Rezoning property located at 716 West Broadway from R-1 to PUD-3; establishing H-P and Landmark
                   designations; approving "The Taylor House Bed and Breakfast" PUD site plan.
    The bill was given second reading by the Clerk.
    Mr. Beck explained the proposed uses included a bed and breakfast and two dwelling units. The ordinance would also establish an Historic Preservation Overlay District and a Landmark designation. Mr. Beck pointed out the legislation provides for a setback variance on the west side. The Planning and Zoning Commission unanimously recommended approval of this request.
    Mayor Hindman opened the public hearing.
    Robert Tucker, 825 E. Broadway, explained that he and his wife purchased the house in July of this year with the intention to restore it back to its original integrity and grandeur, and to turn it into a bed and breakfast which they could share with the neighborhood and the people who visited them.
    Bill Howell, an architect with offices at 15 Hitt Street, described the house which was built in 1903. He reported both the interior and exterior of the home are in poor condition. He explained the plans for renovating the structure.
    Greg Olson, Chair of the Historic Preservation Commission, said this would constitute Columbia's second Historic Preservation landmark from the City program that started about a year ago. Mr. Olson indicated the Commission felt the H-P designation would help this property to contribute both visually and historically to the Broadway corridor, regardless of who owns the property in the future. He said this is a great opportunity for an historic property in Columbia to become economically self-sufficient. The Commission felt the bed and breakfast would not detract from the historic integrity and nature of the building.
    Stewart Cavcey, 217 Heather, explained that he has been drawing landscape designs for about 15 years and worked on the plans for the Taylor House. He reported he would be using evergreens in the front of the house, and flowering shrubs for the back and sides.
    Kristina Luebert, Marshall Engineering and Surveying, explained how far the plan has come while accounting for the concerns expressed by the neighborhood and the Planning and Zoning Commission. Ms. Luebert explained that the 25 foot setback could be met everywhere except at the west line. She said the garage and a few parking spaces reduce the setback to 10 feet. Ms. Luebert pointed out this is the area of the property that is adjacent to the Church. After speaking with representatives from the Church, some additional windows were added on the garage. Ms. Luebert reported they are now extremely happy with the project.
    Bill Moore, a real estate appraiser with offices at 802 E. Broadway, stated that his firm appraised the property in July of this year and are familiar with the modifications necessary to convert the property to a first class bed and breakfast facility. He was asked to determine whether or not the subject property, if operated as a bed and breakfast, would have an adverse affect on surrounding property values. Although there are no bed and breakfast facilities in comparable locations, Mr. Moore felt he was able to make a valid statistical analysis to compare other commercial and non-residential properties. He explained how he had accomplished that task and stated that it is his opinion this particular bed and breakfast would not adversely affect property values in the neighborhood. He said it will remove an eyesore which had no landscaping and be replaced with a well-landscaped, high quality property that in all likelihood will be the most expensive house in the neighborhood. Mr. Moore commented this bed and breakfast would be a benefit to the neighborhood.
    Anthony Sirentenese, 116 Lindell, explained that he and his family own the property directly to the south of the house in question. He said they had originally been opposed to the project based on the original plans. Mr. Sirentenese reported the Tucker's had met with them and addressed all of their concerns to their satisfaction. He stated that they are now in favor of the project and look forward to the restoration of the property.
    George Bretting, 713 W. Broadway, located across the street from the Taylor House, said that he and his wife have lived at this location for over 30 years. He noted the home had been maintained in very good condition up until about ten years ago. Mr. Bretting felt that occurred because ownership of the home changed several times over the years. He reported when the Tucker's had invited the neighbors to come and see what it was they were wanting to do, he and his wife had been impressed with the detail that had gone into the work in progress, and the plans for the structure itself and the landscaping. Mr. Bretting supported the zoning change and believed the improvements would enhance the neighborhood.
    James Quinn, who lives across the street from the Taylor House, spoke in support of the application.
    Fred Parry 709 W. Broadway, spoke in support of the proposal. He said the Tucker's have been very gracious in inviting the neighbors into their home on two occasions, have gone door to door canvassing the neighbors, have met with the neighborhood associations, and have done all of their homework. Mr. Parry pointed out that neighborhood support is very strong for this project and residents felt it would definitely enhance their property values.
    Mayor Hindman closed the public hearing.
    Mr. Campbell said the Tucker's have done an admirable job in listening and meeting their neighbor's concerns. He felt that the concern about whether or not this would result in additional commercialization had been answered by neighbors of the bed and breakfast on University and also the establishment in Rocheport. Mr. Campbell felt the proposal to be an excellent one and said he is looking forward to the completion of the project. He felt bringing the home back to its original state would greatly enhance West Broadway.
    Ms. Crayton felt the restoration of the property would be a great benefit to the area.
    Mr. Coffman thanked the Tucker's for working with the neighborhood and putting together such a delightful project. He thought it was exciting to see a project where an H-P overlay district can both enhance the economic viability of property as well as preserving the character of the neighborhood.
    Mr. John said the combination of the PUD with restricted uses and the Historic Preservation designation (which specifically addresses the preservation of the exterior of the building) is a trade off for the increased use in value with the increased protection. He felt the two work hand in hand.
    B401-99 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: CROCKETT. Bill declared enacted, reading as follows:
 

(A)     Construction of sidewalks along portions of Curt Drive, Grant Lane, Bethel Road, Forum Boulevard,
          Southampton Drive, Brickton Road, Trimble Road, Conley Road, Grampian Drive and LaRail Drive.
    Item A was read by the Clerk.
    Mr. Beck explained that each year the Public Works Department brings to the Council a list of sidewalks, particularly areas where there are gaps in the sidewalk system, where it is felt construction should occur.
    Mr. Patterson said staff is suggesting that the seven different sections outlined in the memo be constructed and then tax billed against the adjacent property owners. He pointed out that all property owners have been notified, some more than a year ago, informing them of their responsibility to construct the sidewalks. Several of the letters have resulted in sidewalks being in put in place, but these remaining walks have not been constructed. The estimated cost of the project is $72,730 and, if approved, there will be special assessments made against property owners. The assessments will be made depending upon the condition of each location. Mr. Patterson briefly described each project.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Campbell said the walks in the Grant Lane area are needed to fill in some gaps that have existed for several years now. He suggested moving ahead.
    Mr. Janku made the motion that staff be directed to proceed with final construction plans for the described sidewalks. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
 

(B)     Storm drainage improvements in the Lynn Street and Oak Street area.
    Item B was read by the Clerk.
    Mr. Beck explained this priority project consists of storm drainage work on the west side of Oak Street, between Sexton Road and Worley Street. The estimated project cost is $90,000 which would be paid from the storm water utility fund.
    Mr. Patterson added the primary purpose of the project is to enlarge undersized pipes. He pointed out that it will remove a storm drain that currently goes under a house at the corner of Lynn and Oak. In addition, it will provide for proper inlets on the street and area inlets to collect the water, and over ground swales will be graded to provide for the 100 year flood event. Although the project will be funded by the storm water utility, this was originally intended to be a small maintenance effort. However, Mr. Patterson reported as staff progressed with initial projections for the work, they saw that the cost and scope of the work was much more significant. He said that is why it is being built as a contract project.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Ms. Crayton made the motion that staff be directed to proceed with the Lynn and Oak Street drainage improvement project. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

OLD BUSINESS
B356-99     Voluntary annexation of property located on the west side of Bearfield Road, approximately 500 feet
                   south of Nifong Boulevard.
    The bill was read by the Clerk.
    Mayor Hindman noted that a request to withdraw had been received.
    Mr. Janku made the motion that B356-99 be withdrawn per the request. The motion was seconded by Mr. Campbell and approved unanimously by voice vote. The bill was considered withdrawn.

 
B394-99     Confirming the contract of N-J Wilson Contracting, Inc. for the reconstruction of Scott Boulevard from
                   Bellview Drive northward to Brookview Terrace.
    The bill was given second reading by the Clerk.
    Mr. Beck said that six bids were received and the low bid of N-J Wilson was being recommended in the amount of $483,748.95.
    Mayor Hindman asked how the estimate could have been so high. Mr. Patterson responded that the early estimate by the consultant included engineering and land acquisition. He said the bid price was for construction only. Mr. Patterson indicated staff was pleased with the bids that were received.
    B394-99 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: CROCKETT. Bill declared enacted, reading as follows:
 

B396-99     Authorizing the City Manager to apply for and receive Federal Aviation Administration grants for
                   improvement projects at Columbia Regional Airport; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck said this work consists of three types of safety related projects. He said the City was notified that the projects were eligible for a 90% match, and our local share would come from the transportation sales tax -- which is to be spent for transportation related purposes, such as transit operations or street programs. These funds can be used for traffic signals at the Regional Airport. During the Council retreat, Mr. Beck submitted a report on fund balances and projected fund balances, in addition to the five year finance plan. He explained the report verified the City would have an adequate fund balance to address this type of situation. Mr. Beck stressed that the City's airport is not unsafe and this is a preventive type program. When the airport was built, he explained there was a different standard in place for the grading at the end of the north runway. Since then, the standards have changed and this project would bring it up to those standards. Mr. Beck noted this project was not related to Ozark flying in and out of the airport, and these things would have to be done at some time with or without discretionary funds.
    Waldo Palmer, 414 Alexander, said he was very interested in the airport, but he wanted to see the City's funds used for streets. Mr. Palmer listed streets that needed to be worked on. He wanted the airport money taken out of the general fund.
    Mr. Beck explained that when the ballot issue was passed for the one-half percent transportation sales tax, a percentage of the half-cent was allocated for transit purposes. He said we are still doing that today, plus. Percentage wise, the City is collecting more sales tax, so we are subsidizing the buses like always. Secondly, Mr. Beck noted the funding that is planned for the airport is not out of any street fund. He explained that the City has a Street Master Plan that identifies funding for the next five years in the amount of $45,000,000 for street purposes, which includes money from the transportation sales tax and gasoline tax refunds, etc.
    B 396-99 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: CROCKETT. Bill declared enacted, reading as follows:
 

B397-99     Amending Chapter 14 of the Code to prohibit parking on portions of Lynn and Oak Streets.
    The bill was given second reading by the Clerk.
    Mr. Beck summarized the location of the parking restrictions and noted it would be effective seven days per week from 9:00 p.m. until 6:00 a.m. He said this is a result of the police and neighborhood groups working together to try to prevent some of the problems in the neighborhood that occurs during those hours.
    Derrick Wilson, 106 Lynn Street, said he lived near the T & H Restaurant and Lounge. He noted that T & H has very little parking and customers generally park along Lynn Street. He reported the street is full of cars from 9:00 p.m. until about 3:00 a.m. Mr. Wilson commented that people stand around outside and block the street by parking on both sides, or stop in the middle of the road to talk. He said traffic flow is impossible and emergency vehicles could not get up or down the street if they needed to. He reported there is a lot of gambling going on and drugs being sold. Mr. Wilson said if he does not get home by 7:00 p.m. he sometimes finds it difficult getting into his driveway.
    Mr. Coffman noted that there are noise and parking ordinances and asked if Mr. Wilson had contacted the police about the possible violations. Mr. Wilson said he had done that, but after the police leave, the individuals causing the trouble come back. Mr. Coffman asked Mr. Wilson if he is in favor of the restricted parking ordinance. Mr. Wilson said he was. Mr. Coffman wondered if there was anything else that could be done that would help the situation. Mr. Wilson thought increased police presence might help. He indicated that things calm down during the winter months, but come spring it will liven up again.

Mr. Campbell asked if the 9:00 p.m. prohibition was early enough. Mr. Wilson responded people start congregating along the street around 7:00 p.m.

Ms. Crayton said she and the owner of T & H had driven around the neighborhood one evening and the people who were congregating around his building did not necessarily go inside. Mr. Campbell asked how the time of 9:00 p.m. had been selected. Ms. Crayton reported that patrons frequent the restaurant earlier in the evening, and she did not think they should be penalized for criminal activities that are going on out in the street. Mr. Campbell asked what time that type of activity begins. Ms. Crayton said it begins as soon as it is dark. Mr. Campbell asked if there were street lights in the area. Ms. Crayton remarked the City has put lights up several times, but the troublemakers keep putting them out. She stated she would prefer that the parking restriction begin at 9:00 p.m. to accommodate the individuals who are eating in the restaurant.

Mr. Wilson noted an empty parking lot at the Union Hall. He wondered if parking could be allowed there. Ms. Crayton said the property does not belong to the owners of T & H and they would have to get permission from the Union Hall to be able to use it. Mr. Janku pointed out that the people participating in some of the activities in the area would not be too concerned about getting a $5 parking ticket. He said they are talking about a much more serious problem which needs to be discussed separately from the parking issue.

Captain Boehm said this ordinance suggestion is part of a Community Policing effort. He explained that problem-oriented policing is geared to find ways other than enforcement to deal with issues. Captain Boehm reported the hours selected to restrict parking in this area was suggested by the officers on that particular beat, after talking with residents as well as the owner of the business establishment there. He said while it is true a $5 parking ticket may not solve the problem, it does give the police a tool to use to move those individuals along that they believe are not there to do business with the establishment, or for any other reason than to participate in some illegal activity. Captain Boehm noted that the police department has been in regular contact with the business there as well as with almost all of the residents along the area. He said the time frame is pretty mutually agreeable for everyone involved. Captain Boehm explained the reason they did not go any earlier is because it was felt the people parking in this area were customers of the restaurant.

As far as driveways being blocked, Mr. Janku suggested that Public Works might do something in terms of yellow striping the driveways so these areas could be protected regardless of the time of day.

Waldo Palmer, 414 Alexander, explained that he is a member of the Union that owns the Union Building. He said the building is for sale because the area is a disgrace. Mr. Palmer indicated they wanted to close off the alley to get rid of the illegal activities taking place there, but the Fire Department would not allow it. He said they put no trespassing signs up, but those disappeared.

B397-99 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSTAINING: CROCKETT. Bill declared enacted, reading as follows:
 

B406-99 Authorizing agreements with the State Environmental Improvement and Energy Resources Authority and the Missouri Department of Natural Resources.
 

B407-99 Authorizing the sale of sewerage system revenue bonds.

Both bills were given second reading by the Clerk.

Mr. Beck explained that some of the sewer projects authorized by the voters are eligible for the State Revolving Loan Program which has a very favorable interest rate. These two ordinances deal with that. He announced these bills will be voted on at a special Council meeting this Thursday, November 18, after the State deals with their sale of revenue bonds. He noted that no other Council action was needed this evening.
 

CONSENT AGENDA

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

B393-99 Authorizing a supplemental agreement with the Missouri Highway and Transportation Commission for the Hinkson Creek Trail Phase II project.
 

B395-99 Appropriating funds for the Sanitary Sewer Utility for valve replacement at the Wetlands.
 

B398-99 Approving the engineer's final report and authorizing payment of differential costs for the Springdale Estates, Plat 3 water main project.
 

B402-99 Vacating drainage and utility easements and street right-of-way within Bluff Creek Office Park, Plat 4-A.
 

B403-99 Approving the final plat of Bluff Creek Office Park, Plat 4-C, a Replat of Bluff Creek Office Park, Plats 4-A and 4-B.
 

B404-99 Approving the final plat of Smithton Ridge, Plat 3.

B405-99 Approving the final plat of Deerfield, Plat No. 5.

R217-99 Setting a public hearing: voluntary annexation of property located on the east side of State Route 163, south of the State Farm Insurance Regional Office Facility.
 

R218-99 Setting a public hearing: construction of improvements at Columbia Cosmopolitan Park and the Grindstone Nature Area.
 

R219-99 Setting a public hearing: Parkade Heights storm drainage improvement project.
 

R220-99 Authorizing Amendment No. 1 to the agreement with Black & Veatch Corporation for preparation of site characterization study for sludge injection field study.
 

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

NEW BUSINESS

R221-99 Authorizing an agreement with Southwest Power Pool, Inc. for loss compensation service.
 

The resolution was read by the Clerk.

Mr. Beck noted that this would renew an agreement the City has with Southwest Power Pool which will allow more options in dealing with loss compensation services.

Mr. Malon explained that whenever power is moved across a transmission system, there are losses and someone has to make them up. He reported that either the City has to make up the losses with our own generator, or we can buy them and the Southwest Power Pool will provide them. He noted it is usually to our advantage to have the Power Pool provide the losses for both scheduling purposes and because they can do it for less money than the City can.

The vote on R221-99 was recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: CROCKETT. Resolution declared adopted, reading as follows:
 

R222-99 Authorizing an agreement with Central Missouri Counties Human Development Corporation for FY 99 HOME funds.
 

The resolution was read by the Clerk.

Mr. Beck explained that this agency was designated to handle the 15% in funding received from HUD for the HOME Program. He noted in the past, the largest part of HOME monies have gone toward affordable rental housing units for the disabled. Most of the work is being done in the northeast portion of the city by Jeffrey Smith's Development Company. He indicated the plan is to allocate this 15% toward that project.

The vote on R222-99 was recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: CROCKETT. Resolution declared adopted, reading as follows:
 

R223-99 Authorizing an application for the Boone County Vision Project.

The resolution was read by the Clerk.

Mayor Hindman explained that the County has been working to put together a visioning process after a meeting was held where Mayors and various Council members of all the cities in Boone County attended. He said the thought at that time had been for planning or visioning for the entire county, basically outside the City limits of the communities. This resolution would authorize an application to the Boone Electric Cooperative for a grant that would be used to pay a foundation located in Iowa, The Wallace Foundation, for helping with the organization and for running the meetings.

Mr. Janku said the original meeting had been a good one. He was looking forward to seeing the continuation of the process.

The vote on R223-99 was recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: CROCKETT. Resolution declared adopted, reading as follows:
 

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

B408-99 Authorizing the construction of improvements at Columbia Cosmopolitan Park and the Grindstone Nature Area.
 

B409-99 Authorizing agreements with the Missouri Department of Conservation for a Tree Resource Improvement and Maintenance Grant and a Branch Out Missouri Tree Grant; appropriating funds.
 

B410-99 Vacating utility and waterline easements located within Village Square Subdivision.
 

B411-99 Vacating a sanitary sewer easement located across Lots 7, 8, 9 and 10 of Haden Park Subdivision.
 

B412-99 Renaming the east/west portion of Brown Station Road to "East" Brown Station Road.

B413-99 Establishing permanent R-1 zoning on property located generally east of Sinclair Street and south of Southampton Drive.
 

B414-99 Approving the final plat of Valley View Ridge Plat No. 1; authorizing a performance contract.
 

B415-99 Authorizing a right of use agreement with Public Water Supply District No. 9 for the reconstruction of an underground water line along St. Charles Road.
 

B416-99 Approving the engineer's report and authorizing payment of differential costs for the Ewing Industrial Park, Plat 2 water main project.

B417-99 Accepting easements for utility purposes.

B418-99 Accepting an easement from the Nifong Shopping Center, L.L.C. for electrical purposes.
 

B419-99 Confirming the contract of Emery Sapp & Sons for the Clark Lane water main project.
 

B420-99 Confirming the contract of Susie's Construction for the construction of the Alton Avenue, Phase 3 storm drainage improvement project; appropriating funds.

B421-99 Authorizing acquisition of easements necessary for the construction of the Lynn Street and Oak Street drainage improvement project.

B422-99 Accepting a Delinquency and Youth Violence Prevention Grant; authorizing an agreement with Mid-MO Coalition on Adolescent Concerns; appropriating funds.
 

B423-99 Amending Chapter 26 of the City Code as it relates to the hotel/motel tax.
 

B424-99 Appropriating funds received from Boone Hospital Center for counseling services.
 

REPORTS AND PETITIONS

A) Intra-Departmental Transfer of Funds Request.

Report accepted.
 

B) Request by AllState Consultants to change street names within Village Square and Sedonna Villas Subdivisions.
 

Mr. Beck explained that if the Council directs the staff to proceed, the procedure would be to notify the property owners about public hearings before the Planning and Zoning Commission and the City Council. He recommended that they proceed.

Mr. Campbell made the motion that the staff be directed to proceed with notifying the property owners and setting the public hearings. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

C) Broadway Sidewalks, from Aldeah Avenue to West Boulevard.

Mr. Janku noted that what the Public Works Department is proposing in terms of allocations is consistent with action the Council authorized some years ago. He suggested that the Council review what had been adopted several years ago. He thought perhaps the same philosophy that exists with streets should also apply to sidewalks -- once a sidewalk is accepted by the City in terms of its quality and standards, it becomes the responsibility of the City. In this case, the City would be responsible for the full cost of restoring these sidewalks if the policy had been changed.

Mayor Hindman asked if Mr. Janku is suggesting that the Council consider changing the policy before moving forward with this project. Mr. Janku replied that was correct.

Mr. Beck suggested that the Council accept the report and then he could schedule a work session on the policy issue.

Mr. Campbell remembered the motion being for both the north and south sides of Broadway. He noted that this report deals only with the north side. Before discussing it further, Mr. Campbell said he would like to see a report that included the south side as well. He added that the original motion made by Ms. Coble had been for the north side, but he had added the south side to her motion.

Mr. Patterson explained that was overlooked in the report because his notes read only the north side. He indicated he would have the report updated to include the south side.

Mr. Janku said he had no problem with that because both sides are heavily traveled sidewalks, but he did not want to see the process slowed down.

Mr. Campbell asked that the staff take the report, and with the comments made by Mr. Janku, figure what the budgetary implications would be. This would allow the Council to have better information before going further with any discussion. Mr. Beck asked if he meant on a citywide basis. Mr. Campbell said that was correct because it would be a citywide policy.

Mayor Hindman suggested that the Council accept the report and ask the staff to also include the sidewalks on the south side of Broadway, and that the policy be taken up at a work session. Mr. Campbell thought that was fine. Mr. Janku said he would like that to happen relatively quickly.

Mr. Janku asked if the budgetary impact discussed would be citywide. Mr. Campbell said by category. He thought it would be much too big to take on all at once. He thought they should go back to the Master Plan and have it be category of needs. Mr. Campbell remarked for those sidewalks that are near major institutions, that would be one priority. He thought the staff could come up with a list. Mr. Janku said he was hoping it would be in increments, or Master Plan versus entire City, so the Council would be given that range of information.

Mayor Hindman made the motion that the Council accept the report and direct the staff to look at the sidewalks on the south side of Broadway, and further that the policy be taken up at a work session. 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 commissions:
 

COMMUNITY DEVELOPMENT COMMISSION

Burke, Judith L., 608 Old Highway 63 So., Ward 6 - term to expire 11/1/02
 

SUBSTANCE ABUSE ADVISORY COMMISSION

Hubbard, Trenton R., 2807 Crestwood, Ward 5 - term to expire 10/31/02

COMMENTS OF THE COUNCIL, STAFF, AND PUBLIC

Mr. Janku said he had forwarded some information to the staff relating to possible signage at locations of future public improvements. He suggested that when the City acquires property for a particular purpose, that it be identified so the public is aware of projected plans for the site.

Mr. Janku noted a discussion earlier about possibly amending the membership of the Airport Advisory Board.

Mr. Janku made the motion that the staff be directed to prepare a report regarding options of amending the Board's membership. The motion was seconded by Mr. John and approved unanimously by voice vote.

Ms. Crayton noted the First Ward surveys were about to come out and she encouraged area residents to complete the form and return it so needed improvements could be discussed and implemented.

Mr. Beck noted that the staff survey work is moving rapidly. He looked at the preliminary review and asked staff to prioritize what they felt needed to be done.

Mr. Coffman said he and Mr. John were concerned about an area south of their wards involving the Gans Creek Watershed Basin. He said the City has dealt with several annexations and developments in this area on a case by case basis over the years. Mr. Coffman felt this is a sensitive area because it is a buffer leading up to Rock Bridge State Park, and he thought the City should take some sort of comprehensive approach that goes beyond considering individual projects. The primary concern he and Mr. John share relates to storm water retention. One step he and Mr. John discussed taking at this time would be for the Council to pass a policy resolution expressing their intent to allow only planned developments in this watershed basin. He thought there may be need for some other approaches. Mr. Coffman remarked if the Council concurs, he believed they should notify the community at large that this is something they intend to implement and it will be consistently applied in the future.

Mr. John reflected the Council needed to be consistent when approving the planned developments, whether it be a C-P, O-P or PUD, to ensure everyone is treated fairly and the watershed is protected. He reported if a policy resolution would achieve this purpose, then that is what they should have.

Mr. Coffman made the motion that a policy resolution be drafted for first reading at the next meeting. The motion was seconded by Mr. John and approved unanimously by voice vote.

Mr. Coffman pointed out that the Council received a letter from the Family Health Center relating to a bus stop issue. He noted it seemed to be a fairly important matter. Mr. Coffman explained that a great many people use the social service agencies that are located in this area, which generates a lot of traffic. He said while there is a bus stop present, it is on the north side of Vandiver and riders getting off the bus have to cross this busy street. Mr. Coffman realized it would delay the route a minute or two if the bus had to come into the parking lot on the south side, but this is an issue he would like to see addressed.

Mr. Coffman made the motion that the staff report back on any solutions that might address the safety issues.

Mayor Hindman asked if the staff could look at alternatives because he thought in the long run, it might pay to put a walk light in with a button at that location. He said that would keep the bus from having to get involved in the complications of left turns coming out of the driveway.

Ms. Crayton commented on the location of the bus stop and the speed of the traffic traveling through the area.

Mr. Beck remarked this is a perfect example of what he has previously spoken about involving the lack of coordination with these entities as it relates to transit transportation, especially affecting those individuals that need it the most. He indicated when this occurs, the City has to try to correct the situation - which usually results in inconveniencing the other people on the route.

Mr. Janku noted that he did not feel the parking lot at that location was laid out in such a manner that the bus could use it anyway.

The motion made by Mr. Coffman was seconded by Mr. Campbell and approved unanimously by voice vote.

Mr. Janku believed the Council had received a report previously on this same situation. Mayor Hindman suggested that it be dusted off.

Mr. John noted that in June the Council received a report on traffic calming devices and a policy wherein the City would look at problem areas to determine if we would pay for devices. He thought it had been approved to be forwarded to the Pedestrian/Bicycle Commission. Mr. John reported there are several areas in his ward that might qualify for assistance, and he asked where things stood.

Mr. Patterson also remembered the report being forwarded to the Pedestrian/Bicycle Commission, but in the interim, they are following the procedures that were outlined in that report. He noted there are several studies underway, and some of them are in the Fifth Ward. Mr. Patterson reaffirmed both the pedestrian crossing policy and the traffic calming report had been referred to the Commission.

Mr. John commented that he was receiving calls about high speeds on Forum, between Nifong and Southampton. He asked if the speed trailer could be located to that area. He reported the road was built as a residential collector and is now being used as an arterial with a lot of heavy truck traffic on it.

Mr. John explained that last summer at the Rainbow Softball facility there had been a person on one of the fields who suffered a heart attack and did eventually die. He said comments had been made by some of the medical personnel about having trouble getting down to the fields. Mr. John had spoken to Mr. Hood about the situation and he felt it may be just a matter of improving communication between the Parks Department and Joint Communications to ensure medical personnel are aware of how to access the fields. He pointed out all of the roads are paved down to the fields so ambulances can get to them in case of injuries.

Mr. Campbell reported he has received phone calls regarding the continued intrusion of homeless people and teenagers harassing shoppers on downtown streets. He had been told that there is a policy being used in other cities that has been effective which involves the opportunity for businesses to lease the sidewalks in front of their stores. This area then becomes, in essence, private property and if the business owner wishes to press charges against individuals that cause problems, they can do so. Mr. Campbell asked staff to report back with information regarding this policy. He had been told that Cedar Rapids is one such city with that policy. Mr. Campbell requested that staff find out what the policy is and whether it works.

Mr. Campbell brought up institutional zoning. He recently spoke to the Chair of the Planning and Zoning Commission, who indicated the Commission would welcome the chance to discuss it.

Mr. Campbell made the motion that the Planning and Zoning Commission be asked to review the potential for establishing institutional zoning and report back to the Council with their recommendations. The motion was seconded by Mr. Coffman.

Mr. Campbell noted one of the questions that always comes up relates to churches because these are institutions, and certainly there is a very strong separation of church and state; however, he said there are many things about churches that can create issues. He believed those issues included parking lots, landscaping of parking lots, lighting of parking lots, sidewalks in parking lots, and landscaping in general. Mr. Campbell remarked other points to consider include auxiliary uses within the churches such as day care centers, space being rented for office use, and coffee shops.

When the term "institutional zoning" is used, Mr. Janku said to him it implies that a new zoning classification will be created that raises issues of non-conforming uses. He believed maybe more consideration needs to be given to figure out how these standards relate to parking, landscaping, or any other standards that are in place for different types of zoning classifications that could apply to some "institutional uses".

Mr. Campbell responded some apply in certain zones and do not apply in residential zones. He would like to make sure that churches and any other institutions will be treated exactly the same. Mr. Campbell did not know if it should be a separate zone or an overlay zone and he would leave that for the Commission's recommendation. He did not have a position on it, but he would like to have it thoroughly reviewed.

Mr. John commented that he had been on the Commission the last time this went through, and he felt they thoroughly reviewed the issue then. He commented that if this district is created, the existing institutions that quality for the designation would have to convert all of the property they own to that district. Mr. John said they would, in effect, be up zoning or down zoning a lot of property -- which will then be non-conforming uses. He pointed out it was not a year ago when the Commission considered and voted on this issue, and it had been agreed that an institutional district would not add anything to the zoning regulations.

Mayor Hindman said he did not remember enough about it, but if the Commission did report on it as recently a year ago, he would be interested in seeing the minutes of their meeting. He said the Council could look over the minutes and be in a better position to ask the Commission to do something with it again.

Mr. Campbell did not believe it was a unanimous decision on the part of the Commission. He said the current Chairman thought it should be reviewed.

Mr. Janku said there are other communities that have these types of districts and he felt it was worth looking at during a time when there is no controversy over such things. Mayor Hindman believed that was probably true, but he would be embarrassed to send this issue back to the Planning and Zoning Commission if after looking at the minutes, it was decided it had been thoroughly discussed just a year ago.

Mr. Campbell had no objection to reviewing the minutes before asking the Commission to reexamine the issue. He asked that when the previous minutes are given to the Council, additional information should also be included on other communities that have such zoning.

Mr. Janku also asked for any staff reports that were included when the previous Planning and Zoning Commission minutes were forwarded to the Council.

It was decided the issue would come back after the first of the year. Mr. Campbell withdrew his motion and Mr. Coffman withdrew his second.

Mayor Hindman said he had received mail in connection with the recent windstorm and the possibility of some change in the building codes. He said a couple of engineers are claiming that with some very minor modifications, houses could be made significantly safer. Mayor Hindman reported the suggestion came in shortly after last year's tornado and he thought it was to go to the Building Codes Commission. He asked if the Council received a report back.

Mr. Janku asked if the City would be updating the building codes. Mr. Patterson replied there would be a new code coming out next year that would be more of a universal code. He said it will have to be reviewed by the Building Codes Commission and approved by the Council. Mr. Patterson said he was almost certain the Commission responded with a report several months back with the opinion that no changes were needed. He said he would look into it.

Henry Lane, 1816 E. Broadway, remarked on how close the vote had been in regards to the passage of the recreation center issue. He did not feel that it is really known whether citizens actually want such a center. In fact, Mr. Lane said the vote was so close it should be considered a tie. He suggested another vote on the issue.

Mayor Hindman made the motion that the Council adjourn to a closed session on November 18, 1999, following the special meeting at 6:00 p.m., (approximately 6:15 p.m.) for the purpose of discussing personnel matters. The motion was seconded by Ms. Crayton with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: CROCKETT. Motion passed.

The meeting adjourned at 9:40 p.m.

Respectfully submitted,
 
 
 
 

Penny St. Romaine

City Clerk