M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
JUNE 18, 2001
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, June 18, 2001, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members HINDMAN, CRAYTON, JANKU, HUTTON, and JOHN were present. Members COFFMAN and LOVELESS were 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 June 4, 2001, were approved unanimously by voice vote on a motion made by Mr. John and a second by Ms. Crayton.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mayor Hindman noted that R123-01 will be added to the Consent Agenda, B218-01 will be added under Introduction and First Reading, and Report F will 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 Mayor Hindman and a second by Mr. Hutton.

    Mayor Hindman welcomed Boy Scout Troop 706. The scouts were present to observe the meeting in order to complete the requirements for a merit badge in community citizenship.
 

SPECIAL ITEMS
    None.
 

SCHEDULED PUBLIC COMMENTS
    None.
 

PUBLIC HEARINGS
B195-01     Authorizing water main upgrade along Oak View Drive.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the proposal is for the replacement of a four-inch water line with an eight-inch line at 1,780 feet in length from Ballenger Lane west on Oak View Drive. The estimated cost for the project is $69,600 and will be paid out of the Water and Light utility account.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Hutton questioned the proposed location of the water line. Mr. Powell explained that the line will be situated in the right-of-way on the south side of the street. Mr. Hutton remarked that this is a needed improvement which will improve fire service to the neighborhood. He noted that he recently met with area residents in regards to storm water issues. Mr. Hutton realized Mr. Patterson's staff were looking into storm water improvements in this area and he asked, if at all possible, that any work be done in conjunction with the water line project so the disruption to the neighborhood is minimized. Mr. Patterson replied that if it is found that a replacement pipe under the road is all that would be necessary, they could make sure that both projects are done at the same time. He understood the concern about tearing the street up twice.
    Mr. Powell explained that this project is one the City agreed to do in connection with the Water District 2 merger. He indicated his department intended to work with Public Works to minimize the cost.
    B195-01 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, JOHN. VOTING NO: NO ONE. ABSENT: COFFMAN, LOVELESS. Bill declared enacted, reading as follows:
 

OLD BUSINESS
B200-01     Confirming the contract of Meyer Electric Co., Inc. for the traffic signal modifications at the
                   intersection of State Route 763 and Smiley Lane.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that two bids had been received with the lower being $52,886.25 from Meyer Electric. He said the project would be paid for from the capital improvement sales tax fund. He pointed out that a public hearing had been held earlier.
    Mr. Janku asked about liability insurance. Mr. Patterson explained that the City has standard insurance requirements on all contracts.
    B200-01 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, JOHN. VOTING NO: NO ONE. ABSENT: COFFMAN, LOVELESS. Bill declared enacted, reading as follows:
 

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

B196-01     Accepting easements for water purposes.
B197-01     Approving the final plat of Grasslands Subdivision, Plat 16, a replat of Lot 1 and part of Lot 26 of
                   Block 5 Grasslands Addition.
B198-01     Approving the final plat of Stonecrest, Plat 2; authorizing a performance contract.
B199-01     Voluntary annexation of property located at 3220 South Old Ridge Road.
R118-01     Renewing an agreement with the Missouri Department of Corrections to provide tuberculosis
                   screening, Hepatitis B and influenza vaccinations.
R123-01     Setting a public hearing: improvements to the Blind Boone Home.

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

NEW BUSINESS
R119-01     Authorizing an agreement with the Memorial Day Weekend - Salute to Veterans Corporation for
                   the 2002 Memorial Day Air Show.
    The resolution was read by the Clerk.
    Mr. Beck explained that this is a standard annual agreement which needs to be executed well in advance of the event due to the filing of necessary paperwork with the appropriate state and federal agencies.
    Charles Atkins, 2700 Malibu, a member of The Veterans for Peace organization, spoke against the napalm demonstrations at the Air Show. He passed out a petition containing 125 signatures protesting the bombing and napalm displays. Mr. Atkins felt that the displays are being presented as entertainment and glorify violence and indoctrinate our children to accept the most detestable kinds of human behavior. He asked that the agreement be amended so as to not allow a display of weapons of war or simulations of napalm bombing.
    Mark Haim, 1402 Richardson, Director of Mid-Missouri Peace Works, spoke in opposition of the Air Show saying it should more accurately be called a "war show". He asked the Council to hold off on the issue for two months and allow residents the chance to debate what kind of air show should be held in Columbia.
    Ewell Blank, 3209 Crawford, spoke in opposition to the napalm and bombing displays and asked that the community find a better way to commemorate veterans.
    Annette Sanders, 730 Idlewood Court, official spokesperson for The Salute to Veterans Corporation, and the Memorial Day Weekend celebration, spoke on behalf of the 3,000 volunteers and 65 committee chairpersons who work all year to put together the event. She reported that attendance numbers this year reached an estimated 108,000. Ms. Sanders explained that the planes flown at the air show are done so in honor of the men and women who lost their lives and gave of their time for this country. She commented the watch words of the Corporation are "honor and remember". Ms. Sanders pointed out that the group pays for everything -- including lodging and fuel. She stated the napalm simulation done by the 69th Battalion is in honor of their comrades. She commented that these individuals were part of a special operations group that rescued downed pilots during the Vietnam era. Ms. Sanders asked that they be allowed to continue the re-enactments.
    Ms. Crayton asked about the napalm simulation. Ms. Sanders explained that the men who fly the mission recreated one that actually occurred in Vietnam. She said it is a historical re-enactment, not some made-up show for entertainment.
    Mr. Hutton asked if the re-enactment is explained at the Air Show. Ms. Sanders replied that the 69th Battalion provide their own narrator and give a step-by-step description of it and why things are being done in certain ways.
    Bill Wickersham, 4920 Forum, spoke in opposition of the napalm demonstration. He felt the show was not free as it is sponsored by local, state, federal and private funds.
    Mr. Janku commented that the City attempts to make our facilities available to a wide variety of groups throughout the year. The Council should not try to get involved in deciding the content of what those organizations are wanting to do. He said that is why he has voted for this particular use of the facility in the past. Mr. Janku remarked that the Council is not endorsing any particular activity.
    Mayor Hindman said they are letting democracy work to a large extent in this instance. He said people have different ways of trying to commemorate Memorial Day. He believed it was working for a community as diverse as Columbia.
    The vote on R119-01 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, JOHN. VOTING NO: NO ONE. ABSENT: COFFMAN, LOVELESS. Resolution declared adopted, reading as follows:
 

R120-01     Amending the agreement with Black & Veatch for engineering services in connection with a new
                   sludge thickening centrifuge at the wastewater treatment plant.
    The resolution was read by the Clerk.
    Mr. Beck explained that this is a substantial project involving about $2.6 million. It will be paid out of the sewer utility fund.
    Mr. Patterson noted that the project is a result of the sludge management study conducted last year to determine long-range sludge disposal options. It was determined the continuation of the agronomical application of sludge would be the most desirable and cost effective option in the near term. In order to accomplish this, Mr. Patterson explained that the City needs to increase the dehydration process at the treatment plant in order to dewater the sludge to a greater extent. He noted that the existing centrifuges are at the end of their lives. Mr. Patterson reported the project involves replacing two centrifuges with new ones that will increase capacity as well as providing higher efficiency with dewatering.
    The vote on R120-01 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, JOHN. VOTING NO: NO ONE. ABSENT: COFFMAN, LOVELESS. Resolution declared adopted, reading as follows:
 

R121-01     Authorizing a contract of obligation with the Missouri Department of Natural Resources for
                   financial assurance for proper closure and post-closure activities at Columbia's landfill.
    The resolution was read by the Clerk.
    Mr. Beck explained this contract of obligation in the amount of $17,528,000 is to provide financial assurance for proper closure and post-closure activities at the landfill. If the City should fail to perform the required activities, DNR will collect monies from any State funds which are normally disbursed to the City to complete the obligation.
    Mayor Hindman asked about the City's monetary obligation. Mr. Beck responded as long as the City follows proper procedures, we would not have to pay the $17 million. It was ascertained the work is inspected as it is being done.
    The vote on R121-01 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, JOHN. VOTING NO: NO ONE. ABSENT: COFFMAN, LOVELESS. Resolution declared adopted, reading as follows:
 

R122-01    Authorizing application for an emergency shelter grant from the Missouri Department of Social
                  Services.
    The resolution was read by the Clerk.
    Mr. Beck explained that the City would be receiving $75,000 again this year in emergency shelter grants. The Community Services Advisory Commission recommended the following distribution: Salvation Army-Harbor House - $29,000; Comprehensive Human Services-The Shelter - $29,000; and Welcome Home, Inc. - $17,000.
    Ms. Crayton asked if there were detoxification beds in any of the shelters. Mr. Steinhaus replied there were not and agreed that was a critical problem in the community. He stated Phoenix Programs was the only agency he was aware of that provides social setting detox for men. Mr. Steinhaus knew of no agency in town presently doing social setting detox or medical detox for women.
    Mr. Janku asked if there were any services for homeless juveniles. Mr. Steinhaus said Salvation Army is a family shelter, so if a juvenile is with an adult, they would be served. He explained that homeless teens would not be eligible to receive emergency shelter as they should be under the care of a responsible adult. If that is not the case, the juvenile would have to be in the custody of the Division of Family Services or Youth Services in order to receive any help. Again, that is not covered under this grant because aid would be coming from another State funding stream.
    The vote on R122-01 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, JOHN. VOTING NO: NO ONE. ABSENT: COFFMAN, LOVELESS. Resolution declared adopted, reading as follows:
 

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

B201-01     Accepting a Missouri Police Chiefs Association Step Grant; appropriating funds.
B202-01     Amending an agreement with the State of Missouri to expand WIC services; appropriating funds.
B203-01     Authorizing an agreement with the State of Missouri for the 2001 Summer Food Program;
                   appropriating funds.
B204-01     Authorizing an agreement with the Evangelical Free Church to allow use of church's property for
                   public park purposes.
B205-01     Authorizing construction of improvements to Dublin Park.
B206-01     Authorizing a grant agreement for the purchase of chamber recycling compactors; appropriating
                   funds.
B207-01     Authorizing a grant agreement for the purchase of materials to construct a compost demonstration
                   site at Capen Park; appropriating funds.
B208-01     Amending Ordinance No. 15562 to correct the special assessment on property assessed for sidewalk
                   construction along Katy Lane.
B209-01     Accepting a bill of sale and sewer easements for the sewer that serves Haystack Acres Addition,
                   Haystack Acres and Willowbrook Subdivision from Boone County Regional Sewer District.
B210-01     Confirming the contract of Capital Railroad Contracting, Inc. for construction of Sanitary Sewer
                   District No. 155 (Marion Drive and Medavista Drive); appropriating funds.
B211-01     Accepting a grant of easement for utility purposes.
B212-01     Confirming the contract of Garney Companies, Inc. for construction of water main along Route B
                   from Vandiver Drive to Business Loop 70.
B213-01     Approving the engineers final report; accepting a deed of dedication; authorizing payment of
                   differential costs for construction of water main serving Bearfield Meadows, Plat 1.
B214-01     Rezoning property located on the west side of the intersection of East Walnut Avenue and North
                   Garth Avenue from R-3 to O-1.
B215-01     Establishing permanent R-1 zoning on property located south and west of Hickam Court,
                   approximately 220 feet north of Old Plank Road.
B216-01     Establishing permanent R-1 zoning on property located on the north side of State Route KK, west
                   of Scott's Boulevard.
B217-01     Establishing permanent R-1 zoning on property located on the north side of State Route KK, west
                   of Scott's Boulevard.
B218-01     Calling for bids on improvements to the Blind Boone Home.
 

REPORTS AND PETITIONS
(A)     Brown Station Road - Parking Restriction
    Mr. Hutton asked if a public hearing will be held to consider this parking restriction. Mr. Beck said the issue would be placed under Old Business on the agenda, but public comment would be allowed. Mr. Patterson noted that letters are sent out to the property owners notifying them of the meeting.
    Mr. Hutton made the motion that the staff be directed to prepare an ordinance to prohibit parking on North Brown Station Road, Brown Station Road, and East Brown Station Road as outlined in the report. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

(B)     Nelwood Drive - Parking Restriction
    Mr. Beck noted that the Police had requested this restriction because trucks were having trouble making turning movements on Nelwood Drive at Calvert Lane.
    Mr. Hutton made the motion that staff be directed to prepare an ordinance prohibiting 160 feet of parking on the east side of Nelwood Drive near Calvert Lane. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

(C)     Outdoor Lighting Ordinance
    After receiving reports and recommendations from various departments, Mr. Beck said the Council asked the Planning staff to prepare an ordinance in regards to the regulation of outdoor lighting for gasoline service stations. If Council wishes to pursue the matter, they may wish to refer the draft ordinance to the Planning and Zoning Commission and/or the Energy and Environment Commission.
    Mr. Janku asked if the Council would be required to send the ordinance to the Planning and Zoning Commission. Mr. Boeckmann did not think it was tied into the zoning ordinance. Mr. Dudark confirmed that assessment. He spoke about the Council's previous discussion as to whether or not the public should be given a chance to comment on the issue before the Council deliberated it. Mr. Janku wondered about the coordination of information between the Planning and Zoning and Energy and Environment Commission. Mr. Dudark believed it should be done independently by both groups and the Council could then pick and choose from the recommendations or comments. Mr. John pointed out that a member of the Planning and Zoning Commissions sits on the Energy and Environment Commission. He thought that could be helpful in the coordination of the two. Mayor Hindman suggested that the issue be referred to both Commissions and encouraged communication between the two groups.
    Mr. Beck asked whether the Commissions would advertise the issue as a public hearing. Mr. Dudark responded it would not require a public hearing, but there would be an opportunity for the public to address it. He believed the two commissions would look at different issues -- Planning and Zoning would look at land use and zoning aspects, and Energy and Environment would consider energy use, lighting, and sky.
    Mr. Janku made the motion that the issue be submitted to both groups urging them to coordinate as much as possible. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
 

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

(E)     Report by the Historic Preservation Commission on a Stephens College Class Proposal to Initiate a
          City-funded Historic Marker Program.
    Mr. Janku suggested that the student proposing the program be contacted to let her know what has happened and to suggest that she follow-up and get involved with the groups mentioned in the report.
    Mr. Hutton remarked that he had received a call today from a member of the North Central Columbia Neighborhood Association about this issue. He said they would like to work with the class and do a "dry run" for the rest of the City. He said they were going to make an effort to contact the class. Mr. Hutton was hopeful that if the program showed potential, that the Council could pursue it further for the rest of the community.
 

(F)     Architectural Services in Connection with the Nowells Building
    Mr. Beck stated the City should proceed with hiring an architect to prepare plans for renovation of the building. He thought it could be done at the same time as working with the County Commission on an agreement. He said the architect would be pursued jointly with the Commission. Mr. Beck asked the Council for a motion authorizing him to move forward with contacting the County Commission in order to work on a request for proposals, or at least get one drafted. He said it would take at least a month to get the proposals and start working on an agreement with an architect.
    Mr. Hutton made the motion that the staff be authorized to proceed. 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 Boards and Commissions:

CULTURAL AFFAIRS STANDING COMMITTEE ON PUBLIC ART
Polley Michael J., 510 Hardin, Ward 1 - term to expire 7/1/02
Scroggs, Stuart S., 1008 Maplewood, Ward 4 - term to expire 7/1/02
Sleadd, Michael D., 607 Bluff Dale, Ward 6 - term to expire 7/1/02

DISABILITIES COMMISSION
Morris, Jerry R., 2010 Vine, Ward 3 - term to expire 6/15/04
Witte, William A., 813 Again, Apt. A, Ward 1 - term to expire 6/15/04

ENERGY & ENVIRONMENT COMMISSION
Walters, Robert L., 2704 Vail, Ward 5 - term to expire 6/1/04

BOARD OF MECHANICAL EXAMINERS
Lane, Henry G., 1816 E. Broadway, 1N, Ward 6 - term to expire 6/17/04
 

COMMENTS OF COUNCIL, STAFF, AND PUBLIC
    Mr. John commented that City has a territorial agreement with the Boone County Fire Protection District relating to annexation of land. He asked for a synopsis of it broken down into simple, straightforward language.
    Mr. Janku remarked that the Council has discussed the issue of tying sidewalks to building permits in instances where the property has been previously platted. He said he would like to move forward with getting an ordinance introduced.
    Mr. Janku made the motion that an ordinance be prepared for introduction. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    Mr. Janku asked where the City was with the Railroad/Fay Street improvement project. Mr. Powell responded most of the money for the project was spent for surveying in the early planning process. He said they are ready to go to the next phase when more funding becomes available. Mr. Janku suggested staff look into that during the budget talks.
    Mr. Janku explained that he was driving down Hitt Street today heading north, in between the Brewer Field House and the dorms, when he saw a lot of cars parked in an area with no meters. He noticed police routinely ticketing vehicles throughout the day. He said an officer showed him two no parking signs. One was at the top of the hill, now surrounded by the construction fence put up for the new garage, and the other sign was literally between the north side of the cut-in next to Rollins Street. Mr. Janku commented there is not very good notice of the parking restriction and he imagined it was quite frequently violated by people not familiar with the campus area. He asked that the staff put up signs or paint the curb yellow. Mr. Beck said he would have it taken care of.
    William Trent, 1305 Business Loop 70 East, spoke about the piece of property he owned that the City was going to take from him by eminent domain, however, that process had apparently been put on hold. Mr. Trent heard that the City was going to abandon efforts to acquire this property, but he had not received any notice of such. He asked with whom he should speak in order to have some closure on the issue. Mayor Hindman suggested that Mr. Trent talk with the Public Works Department.
    Mr. Janku suggested they adopt something formally as a Council since it was their decision initially to pursue the property.
    Mr. Patterson said he had prepared a report examining the alternatives to this property with a recommendation that the City abandon pursuit of it. If the Council agreed with this recommendation, he was ready to move forward on the other options. The next step would be to terminate this action and initiate the procedures for the acquisition of other properties.
    Mr. Beck suggested they may want to discuss the issue at a pre-Council dinner. He gave a history of the City needs in the area. Mr. Patterson noted his department's highest priority need is to get a permanent fueling facility in place so they can more effectively purchase and store fuel for vehicles. He said they also need to provide for a parking deficiency and construct a shelter for vehicles. Mr. Patterson listed other needs.
    Mr. Janku suggested that the Council take a tour of the area.
    Mr. Hutton said in order for Mr. Trent to move forward, he felt the council needed to rescind the ordinance they passed authorizing the acquisition of his property.
    Mr. Patterson said he would be happy to talk with Mr. Trent about the issue. He reiterated the Council had been given a report on other options that would be practical as well.
    It was decided that a resolution would be brought back in two weeks.
    The meeting adjourned at 8:20 p.m.

                                                                                            Respectfully submitted,

                                                                                            Penny St. Romaine
                                                                                            City Clerk