JANUARY 21, 1997

    The City Council of the City of Columbia, Missouri, met for a regular meeting at 7:00 p.m., on Tuesday, January 21, 1997, in the Council Chamber of the City of Columbia, Missouri.  The roll was taken with the following results:  Council Members HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, and KRUSE were present.  The City Manager, City Counselor, City Clerk, and various Department Heads were also present.

    The minutes of the regular meeting of January 6, 1997, were approved unanimously by voice vote on a motion made by Mr. Harline and a second by Mr. Campbell.

    The agenda, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Ms. Coble.
    Mayor Hindman welcomed the fifth grade class from Grant Elementary School and fifth grade teachers Linda Afdahl, Wendy Delzel, and Jim Hogan.

1.     Peter Berry, RCC Consultants, Inc., Report on Telecommunications and DTI Franchise.
    Peter Berry, Manager of the telecommunications group for RCC Consultants, explained that they are a consulting and engineering firm which is dedicated solely to the design and implementation of various communications systems and networks.  They have been in the business since 1983 and have 140 employees in 17 offices.  He noted that the bulk of their work is done in the public sector with municipal government, county government, and public safety.  Mr. Berry explained the two phases of the project.  He suggested that the City complete and add to the network currently utilized by the Water and Light Department.  After installing a three-ring loop of fiber optic cable, the City would be able to progress to wiring all City buildings.  He explained how, after City departments were linked together, other agencies such as public schools and the library could be included in the network.  The first step he proposed was for the Water and Light Department to complete the installation of its network so that all of the substations have the same level of support and monitoring.  The next phase would be to expand the number of fiber optic cable strands to incorporate any City facilities along the current line.  There are several City facilities that fall within very close proximity to the route that the Water and Light network would follow.  The next step would be the extension of the fiber optic cable to cover additional sections of the City to pass by and enter into additional City facilities, public schools, and perhaps private businesses that also fall along those routes.  At the end of the process, all of the primary routes within the City which bypass any major City facility, public school, hospital, large business, or college would have access to this network.  The last step would be the potential leasing of spare fiber optic capacity to private enterprise and, in particular, to telecommunications providers.  Mr. Berry pointed out that municipal utilities, and larger regional and statewide utilities, were getting into the telecommunications business every day. The consultants were specifically not recommending that the City get into direct competition with the telephone company.  It was their feeling that the City should take a pro-active stance and try to exercise some level of control, which could possibly reap the most benefits out of future developments within the telecommunications industry in this city.  Mr. Berry said the legislation intends to allow the provision of local telecommunication services at the home level to a wide variety of players.  Almost any business, that meets certain fundamental criteria, would be able to come to the City and provide telephone service -- ultimately at the home level.
    Mayor Hindman asked why the City should be pro-active regarding this issue.  Mr. Berry said there was a risk in the City not being pro-active.  Instead of there being many companies all over town, there would only be one fiber optic cable plan that would be robust enough and installed to an exacting industry standard.  He said if the City did not do it, other companies would.
    Mr. Campbell asked if other progressive cities were also installing rings of cable like those being discussed tonight.  Mr. Berry said they were doing exactly that.  He said it always starts exactly the same as being talked about here.
    Mrs. Crockett asked if the City decided not to put in the cable, whether another company could install it and sell off the excess to other companies.  Mr. Berry said that could happen.  Mrs. Crockett said that if the City were to install the cable then we could collect the tax.  Mr. Berry said at this time the City could collect the tax.  Mr. Berry explained that House Bill 176 would eliminate the franchise agreement structure, not only for a new company that wants to come to town, but would also eliminate and nullify any existing franchise agreements the City may have.
    Mr. Berry explained the recommended non-exclusive ten year agreement with DTI.  Mr. Berry was suggesting that the City seek certain telecommunication services from DTI because they operate statewide.  The City should want to avail itself of certain services DTI has as a result of their statewide network.  Water and Light needs certain data communication connections outside the City to connect with electrical co-ops in the area.  He said the City has no means, other than leased telephone lines, to communicate with the airport.  He said the City probably would not want to run fiber to the airport, but DTI is, or intends to, and the City should seek that kind of service.  It could be done at no fee as part of the agreement.  Mr. Berry said another recommendation is that the City connect to statewide networks because they could be of some assistance as well. It was recommended that the City seek the seven percent gross receipts tax.  Mr. Berry said the City spoke with DTI and he understood intentions were not to pay the gross receipts tax.  They would attempt to negotiate to avoid a gross receipts tax.  There were things DTI would offer the City in its stead, but some items that could be offered would already exist if the City installs its own fiber optic network.
    Mr. Beck explained that the staff planned to bring an implementation plan to the Council within the next couple of meetings.

A.     Ken Smith - Smoking in Public Places
    Ken Smith, 602 Jackson Street, said the issue of public smoking was a relatively unresolved issue and felt that it needed broader discussion.  He wanted to discuss the inability of non-smokers to enjoy social events.  He reported that the EPA classified involuntary smoke as a group A carcinogen, meaning it is a known cause of cancer.  He noted that progressive cities such as Boulder and Berkeley have passed smoking ordinances banning smoking in all public places -- including bars.  Mr. Smith felt there was enough known information that some sort of  task force should be established consisting of business owners, smokers, and non-smokers.
    Mr. Campbell asked Mr. Smith if he was aware that the City has a Board of Health which includes many different experts in the health field, and that the City Council depends very heavily upon their recommendations.  Mr. Smith said he was aware of that.  Mr. Campbell asked if he spoke to the group.  Mr. Smith said he had and his understanding was that the Board had been charged with bringing forth recommendations regarding complaints received regarding smoking.   He understood the recommendations they proposed stemmed from a public forum; however, he understood no smokers were involved in the process.  He said when the recommendations came into play, smokers got involved.  He felt it was the process that had become flawed and there should be venues in which smoking is permitted.  He was not an ardent individual who feels that smoking should be absolutely outlawed.
    Mrs. Crockett said she had been the person that brought up the amendment regarding pool halls and bowling alleys.  She stated the Council's intentions were not to put private companies out of business.   Mr. Smith acknowledged the issue of business and the individual business rights was a very difficult issue.  He said he gave the issue some thought and spoke to some owners.  He did not think the Council should tell businesses what to do, but said there was room for regulation of business.  He was not advocating that something be done all of the time.  He asked about encouraging bowling alleys to have a smoke free Sunday.  Mrs. Crockett said that bowling alleys were smoke free on Saturday mornings when the youth leagues are present.  Mr. Smith said that misses the issue of trying to address everybody's concern about it being a health hazard.
    Mr. Kruse asked if Mr. Smith was suggesting that a dialogue on this issue continue in the form of some sort of task force.  Mr. Kruse reported this could occur under the auspices of the Board of Health.  Mr. Smith said it could, but that would not bring people who have relatively divergent view points together.  Mr. Kruse said the Board of Health could facilitate that process.  Mr. Kruse asked Mr. Smith if he would be willing to chair a task force.  Mr. Smith said he would.
    Mr. Smith asked about the plan of action to continue on the issue.  Mayor Hindman said the Council did not have any specific plan at the moment.

B10-97     Authorizing the purchasing agent to bid planting materials and authorizing agreements
                  with property owners for the Westridge landscaping project.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the Council asked staff to work with property owners and other interested organizations regarding the Westridge stormwater project.  He noted that the estimated cost of the proposed fencing and landscaping project was $12,800.  He said the plan called for 120 feet of chain link fence with three access gates and 256 assorted shrubs.  The plan was to bid the project through the Purchasing Agent because of the size of the project.
    Mr. Campbell understood that each property owner affected had been contacted and that the plan met all or most of their concerns.  Mr. Montgomery explained that the City Arborist met with each of the affected property owners and five out of the eight wanted additional plantings to assist in the screening of the channel.  A key part of the plan was additional fencing at each end to eliminate or reduce the amount of pedestrian traffic.  He said there would also be gates at both ends.
    Mrs. Crockett asked if the additional plantings and gates were included in the $12,800.  Mr. Montgomery said they were included in the amount.
    Mayor Hindman opened the public hearing.
    Cindy Jones, President of the County House Branch Neighborhood Association, said that all of their concerns had been very effectively addressed.  She thanked Mr. Campbell, Mr. Montgomery, Mr. Patterson, Mr. Busteed, and Mr. Fitzgerald.  She said these people not only listened to their concerns, but came to their neighborhood and worked with them one on one.
    Mayor Hindman closed the public hearing.
    B10-97 was given third reading with the vote recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B15-97     Authorizing use of city forces to install lights on two soccer fields in Cosmo Park.
    The bill was given second reading by the Clerk.
    Mr. Beck said lighting of these two fields was included in the Citywide ballot issue.  He said this would carry out what had been indicated earlier.  If approved, Mr. Beck said staff was hopeful the work could be completed this summer and would be ready for the Show-Me State Games.  The estimated cost was $125,000, with $75,000 coming from the ballot issue and $48,000 coming from the remainder in the parks and recreation improvement fund.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B15-97 was given third reading with the vote recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B18-97     Authorizing differential payment for an 8-inch water main in Avalon, Plat 1, and
                  appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this fairly small project would amount to less than $1,500 in City funds.  The City would be paying the differential in cost for a larger water main that is required for development of the property.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.   B18-97 was given third reading with the vote recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

(A)         Sidewalk construction on State Route 763 from Bear Creek north 1,000 feet.
    Item A was read by the Clerk.
    Mr. Beck explained the Highway Department recently widened this section of roadway.  Included in this project was grading behind the pavement whereon a sidewalk could be constructed if paid for by the City.  The Council previously asked that the City look at the issue and set a public hearing.  The estimated cost for the sidewalk is $20,000.  Mr. Beck said it would be paid for from Community Development Block Grant money if the Council wished to proceed with the project.
    Mayor Hindman opened the public hearing.
    Wally Bley, an attorney with offices in the Cherry Street Centre, spoke on behalf of the owners with an undeveloped tract of real estate in the area.  Mr. Bley said his clients could not determine from the drawing whether or not this sidewalk was going to go across the tract owned by the Eiffert's or the tract owned by the Highway Department.  He said if the sidewalk was going to cross the tract owned by Howard and Lucy Eiffert, they felt it would be a problem in that this is an undeveloped tract and there is a City ordinance requiring that property owners must keep sidewalks clear and free of snow.  This would impose potential liability on a property owner if the sidewalk is not cleared.  Mr. Bley asked how far east the sidewalk was to be constructed from the edge of the highway.
    Mr. Montgomery explained that the sidewalk would be constructed approximately four to five feet from the back of the newly constructed curb on 763, and the sidewalk would be four feet in width.  He said that would make the back of the sidewalk anywhere from eight to nine feet from the existing curb.  The sidewalk would be on land in which the State secured the right-of-way for the purpose of constructing the road.  Mr. Bley said it would appear that the sidewalk would be on Highway Department land.  Mr. Beck said he was not sure that would make a difference.  Mr. Campbell said the owner would still have to keep it clear.  Mr. Bley explained that the tract of land had been sold in fee simple to the Highway Department.  He said it was not an easement, but they actually own the piece of land.  Mr. Montgomery said the sidewalk would be on Highway Department land.
    If the sidewalk was built on Highway Department land, Mr. Campbell asked who would be responsible for keeping it clear.  Mr. Boeckmann said most of the sidewalks in the City are on City right-of-way, but typically the owner of the adjacent property actually owns the fee interest under the City right-of-way.  Mayor Hindman said he could not imagine the fee owner having any liability for what happens on the right-of-way.  Mr. Boeckmann said it was two separate issues, whether or not there is tort liability if the sidewalk is not cleared.  The issue here was that there is a City ordinance that requires someone to keep it cleared.  He thought that was separate from the tort liability.  Mr. Campbell said there was a need for a sidewalk in this area and did not think it was out in the middle of nowhere.  Mr. Beck said he did not think they knew for sure who was responsible for the maintenance of the sidewalk.  He said if the Highway Department was responsible for it, the City would have to look at who was going to keep it cleared whenever it snowed.
    Mr. Kruse said another factor is that the sidewalk clearance ordinance was ignored Citywide.  Mayor Hindman said most everyone in town was faced with the same issue.  This would be just another piece of property with a sidewalk in front of it making the owners virtually the same as all of the other owners in town.  Mr. Bley said that was true, except this was an undeveloped piece of real estate.  He said there are numerous areas within the City limits of Columbia where there are no sidewalks and where there has not been any development.  People were not obliged to put a sidewalk in until asking for a building permit.  Mr. Janku said there were sidewalks across undeveloped properties.  While there may be some insurable liability, Mayor Hindman thought it would be covered in an ordinary landowner liability policy.  He said normally the owner would have to pay for a sidewalk when they develop the property, but in this instance they would not have to do so.  Mr. Bley said he understood the risk benefit analysis to putting a sidewalk in, but the issue was that if there was the potential tort liability for a sidewalk that was never asked for, the owners did not want it.  He thought the sidewalk would be on the Highway Department's land and, under these circumstances, the City would be hard-pressed to force the owner to clean the sidewalk on property they do not own.
    Mr. Harline said the state built a road there and the City was building a part of the transportation program that goes with it.  He thought, even in the worst case scenario, the property owner was getting a good deal in getting a road and a sidewalk as well.
    Mayor Hindman said he was going to raise the issue of sidewalk cleaning at the end of the meeting and what the policy should be.
    Mayor Hindman closed the public hearing.
    Mr. Janku noted the heavy foot traffic in the area.  He said that people put themselves at risking walking there at night in the road.  He thought the sidewalk was extremely important for public safety.  He expressed his appreciation to the Water and Light staff.  This department is working on the poles to facilitate lighting in the area.
    Mr. Janku made the motion that the staff be directed to proceed with the construction of a sidewalk along the east side of state route 763 as outlined.  The motion was seconded by Mr. Harline and approved unanimously by voice vote.

R185-96     Approving the preliminary plat of Creek Pointe, Phase 1.
    Mayor Hindman noted that a request had been received to table R185-96 and the companion bill 389-96 to the second meeting in February.
    Mr. Campbell made the motion that R185-96 and B389-96 be tabled to the February 17, 1997 meeting.  The motion was seconded by Mr. Kruse and approved unanimously by voice vote.

B1-97         Granting a variance for sidewalk construction on Lots 1, 2, 3, and 4 in Lamplight Square,
                    Plat 2.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that the Planning and Zoning Commission had recommended denial of the request for a variance.
    Mrs. Crockett asked when this street would be brought up to City standards.   Mr. Beck said he did not know, but it was possible for the staff to receive a petition at anytime to build an unimproved street.  Money had been set aside for the match under the annual street program.  He said it may be a period of time, but they could not be sure.  Mrs. Crockett asked if this would be the only sidewalk in the area if the request were to be denied.  Mr. Beck said that was his understanding.
    Mr. Harline asked if the Council were to grant a variance at this time and the sidewalks were not required, whether sidewalks would ever have to be put in.  Mr. Beck said he did not know that this Council could tell future Councils that a sidewalk would not have to be put in.  Mr. Boeckmann said when the Council grants a variance he supposed they could attach conditions that it is of limited duration, but if they did not, one could argue that was a property right.  Mr. Harline said they could grant a variance until such time as the rest of the street was developed.  Mr. Campbell said that would be difficult because landscaping and other things occur which virtually preclude ever adding the sidewalks in the future.  It is much easier to  construct sidewalks at the beginning than it is somewhere in the middle or at the end.   Mrs. Crockett said if people are told this up front, it would make a difference.  She said the only sidewalk would be on a cul-de-sac and asked what purpose that would serve.
    Mr. Janku said this area needs to be developed in a proper way.  He said an argument could be made for almost any new property going in throughout the area.  They could all say there is no infrastructure in place and they should not have to be the first one to comply.  He applauded the Planning and Zoning Commission for their forthrightness in standing up for this.  He said they were helping the Council with policies.  He said if the sidewalk was put in as part of the original development, the cost could not be very much.
    B1-97 was given third reading with the vote recorded as follows:  VOTING YES:  CROCKETT.  VOTING NO:  HARLINE, HINDMAN, COBLE, JANKU, CAMPBELL, KRUSE.  Bill defeated.

B5-97         Appropriating funds for the Sexual Trauma/Assault Response Team.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this was a new program being developed by several groups working together.  The ordinance would provide for an appropriation of about $19,000.  The anticipated reimbursement from other agencies was estimated to be about $4,900.  Monies would be appropriated from the contingency fund.
    Michael Szewczyk, Chairman of the Board of Health, explained that this was a combined effort of the area hospitals,  the Women's' Shelter, the Board of Health, and the Department of Health. Funding commitments from the United Way and the County have also been made.  The group was looking to the City for additional funding.  This program takes the victims of rape out of the emergency department and places them in an environment where evidence can be collected for successful prosecution, while also providing a much more compassionate environment for the victim to be examined.  The two hospitals that have agreed to participate have both provided separate rooms away from the emergency department where the victims will be examined.  He said it was a program that everybody would benefit from.
    Ms. Coble said she understood there had been some confusion at the state level about additional reimbursement funds which would help support this work at the hospitals.  She said there was a special fund that seems to be somewhat elusive to track down within the Department of Health that provides a reimbursement of up to $100 per examination.  Mr. Sanford said that was his information, but he still had no written confirmation of it.  He said should that be true, it would further offset these expenses.  Ms. Coble said she knew that we were required by federal law to have it in place, but also knew it had been difficult.  She suggested that some of the organizers talk to state leaders to inquire about  funds to further support the program.  Mr. Sanford said they were endeavoring to do that.  He also pointed out that a $5,000 grant from the Department of Public Safety had been received.
    B5-97 was given third reading with the vote recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B8-97         Calling for bids on the Forum Boulevard from Stadium to Chapel Hill Road improvement
    The bill was given second reading by the Clerk.
    Mr. Beck commented that this was a very important community project, particularly in the south central area.  The project would widen Forum Boulevard to Chapel Hill Road, and provide two left turn lanes off of Stadium Boulevard going southward on Forum.  The estimated cost is approximately $1.5 million and Mr. Beck said they were anticipating obtaining some federal highway funds for the eligible project cost.  He said these funds would pay up to 75% of the eligible costs.  The State Highway Transportation Department is paying $225,000 toward part of the improvement project on Stadium Boulevard -- the two left turn lanes.  The Council talked about having a pedestrian crossing on Stadium Boulevard and Mr. Beck noted that it was not included in this bid.  He said staff worked on the issue and anticipated it would be bid separately.
    Mr. Kruse asked about the opportunity for more landscaped medians in the design.  He said he had asked a few years ago about the utility lines draped across the road.  He also asked about undergrounding in two spots.
    Relating to landscaping, Mr. Montgomery said they included in the plans two islands at the intersection of Stadium and Forum.  There is one island there presently, but another will be added.  They will be constructed with earth beneath them rather than concrete so they can be landscaped and water will be provided to them.  Mr. Montgomery stated that the landscaping was not being bid as part of the project.  The same holds true for the center median along the north end of Forum.  There is an existing median there and another will be placed in about the same location.  It will be about four feet wide.  The median will provide a three foot wide landscape strip with earth beneath it so it can be landscaped by City crews or bid out after the project.  Mr. Montgomery said there was a major landscaping element of this project on the area immediately south of the Dairy Queen, where the City has purchased a remnant from the Forum Shopping Center.  He said there would be some extensive landscaping in the form of trees and shrubs.  It will also have water available to it.  There will also be a screening fence immediately south of the Dairy Queen, where Forum Boulevard and part of Mills Drive or High Ridge Circle are very close together, to deflect the headlights from the residential structures.  The fence will provide better screening than trees since the area is so narrow at this location.  With respect to landscaping south of Forum Katy Parkway toward the entrance to Katy Heights Apartments, Mr. Montgomery said he was not sure, with the needed merge lane there, that the left turn bay for the southbound traffic turning into the apartments would leave room for a center median.  South of the entrance to the apartments on Chapel Hill Road, the road will be constructed with four lanes in width until reaching Chapel Hill Road, at which point it will widen out to a five lane section.  He explained that there was major fill in that area and to widen the road extensively would be extremely expensive.  Essentially the existing shoulders are used, plus a little more, to make four lanes in that area.  Regarding the utilities, Mr. Montgomery said he did not have that information available.  Mr. Kruse presumed some poles would have to be moved.  Mr. Montgomery said that was correct.  He said it had been discussed, but he was not sure if any major undergrounding would occur.  Mr. Kruse said all he was referring to was the elimination of the draping of lines across the road in the two areas.  Mr. Montgomery assured Mr. Kruse that it had been discussed, but said he was not sure of what the final utility plan was at this point, or if it has even been prepared.  He did report that the construction plans had been sent to the State Highway Department immediately after Christmas for plans, specifications, and estimate approval.  He said that was usually a six to eight week process.  Once approval is given, the project can be bid.  Any major changes at this time would require a resubmittal to the Highway Department prior to bidding.  Mayor Hindman asked if that would also be true of undergrounding the utilities.  Mr. Montgomery said if it was a non-participating cost that would not be true.
    Bill Monroe, 1644 Highridge Circle, said there had been several meetings a few years ago about the planned rerouting of Highridge.  He asked what it was going to look like and how it had been resolved.  He was concerned about a second ATM going into the area.  Mr. Montgomery explained that the City has purchased a remnant of land from the Forum Shopping Center which lies west of the existing Forum Boulevard.  Through that tract of land, they will extend the relocated Highridge Drive which will connect onto Forum immediately west of the Break Time driveway.  There will be signals installed at that point.  The remainder of the land, both north and south of Highridge Drive, will be landscaped.  Mr. Monroe asked what would happen to the old section of Highridge that will be cut off from Mills to Forum.  Mr. Montgomery said it would no longer be a traveled roadway or used.  Mr. Monroe asked if it would be landscaped.  Mr. Montgomery said it was eligible for landscaping and plans include such, but there had been discussion of leaving the pavement in place for a short term.  He said staff was looking at the potential of it as a walkway from the residential area over to the sidewalk along Forum.
    Mr. Janku understood there would still be some land that could potentially be developed along Forum.  His point was that the City did not acquire the entire property.  Mr. Montgomery said that was correct, we bought the remnant from the shopping center, but did not acquire the Kelly property which lies south of the shopping center property.
    Mayor Hindman asked if he understood correctly that the two pedestrian crossings would be bid separately from the project.  Mr. Montgomery said that was correct.  Mayor Hindman asked when that would happen.  Mr. Montgomery said most of the work on the Stadium crossing had been completed, but they encountered some problems with it in that there is a very small remnant of right-of-way that separates the Stadium Boulevard right-of-way from the Westwinds right-of-way.  He said that was discovered long after right-of-way plans were approved by the State.  The State would not allow the City to include it as part of this project unless it connected to something.  For that reason, they were putting in the wiring and that sort of thing now so that it could be constructed at a later time.  This could be done by either City crews or by bid.  By doing it this way, the City would not be involved with the Federal Land Acquisition Procedures on this sliver of land.
    Mr. Janku asked about the expected completion date.  Mr. Montgomery anticipated it should be completed this fall and it would take an entire construction season to build.  Potentially, construction could continue into winter if they have a bad season.  Construction will be slowed somewhat because crews will be working under traffic.
    B8-97 was given third reading with the vote recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B9-97         Authorizing an agreement with the Highway and Transportation Commission in
                    connection with the Route B improvement project, and appropriating funds.
    The bill was given second reading by the Clerk.
    Prior to moving forward with the widening of Route B, Mr. Beck explained that there needs to be some sewer utility relocation work.  He said this would be a joint project between the City and the State.  He noted that the City's amount would be about $84,000 of the $247,000 project.
    B9-97 was given third reading with the vote recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B11-97     Amending Chapter 14 of the City Code regarding motor vehicles and traffic.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this amendment would make City ordinance provisions similar to what the current Missouri Statutes provide for.  He understood that it had been reviewed by the Municipal Judge and there would not be much of a change to the existing operation.  Staff recommended approval.
    B11-97 was given third reading with the vote recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B12-97     Amending Chapter 15 of the City Code regarding court costs.
    The bill was given second reading by the Clerk.
    Mr. Beck said this amendment would also make City ordinances consistent with State Statutes.  Mr. Boeckmann said the Statutes set the amount of court costs which is the same as is currently charged.  He said that would remain in effect until the Supreme Court changes it.  This bill and the State Statute would take effect July 1, 1997.
    B12-97 was given third reading with the vote recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

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

B2-97         Vacating a waterline easement in Loveall Subdivision.
B3-97         Approving the final plat of Hanover Estates, Plat 2.
B4-97         Assessing a special tax to abate a weed and trash nuisance.
B6-97         Authorizing a right-of-use permit to allow Stephens College to install data conduit under
                    Walnut Street.
B7-97         Authorizing a right-of-use permit to allow the University to install chilled water pipes under
                    Sixth Street.
B16-97       Accepting a conveyance for a padmounted transformer and authorizing payment for the
B17-97      Accepting conveyance of utility improvements.
R8-97        Setting a public hearing on voluntary annexation of National Benevolent Association of the
                   Christian Church property located east of Bearfield Road and south of Nifong Boulevard
                   (Tract D).
R9-97        Setting a public hearing on voluntary annexation of National Benevolent Association of the
                   Christian Church property located east of Bearfield Road and south of Nifong Boulevard
                   (Tracts A & B).

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

R10-97     Authorizing application to the Missouri Highway & Transportation Department for Surface
                  Transportation Enhancement funds.
    The resolution was read by the Clerk.
    Mr. Beck noted that the City received funding in the past, some of which was used for landscaping work, most of the monies received under this program had been used for bike trail systems and open space.  He said in the last few years the City received grants to begin phasing in the Bear Creek Bike Trail Open Space project and Hinkson Creek.  The City has been working with the University to try to get a continuous trail system across the south part of the City.  This year, staff was proposing to submit to the State a continuation of the Bear Creek Trail program and the Hinkson Creek program.  The third item included the Wabash Station.  The station is in need of some upgrade work.  The Public Works Department put together a plan to make improvements to the bus transfer station and the upgrading of the building.  Mr. Beck said part of the cost for improvements would be paid from this particular project, if approved, and part would be from transit improvement monies (federal funds).
    Staff was suggesting that the two highest priorities be a continuation of the greenbelt pedestrian bike trail, Phase 3 in the Bear Creek area from Garth Avenue to Rangeline Street.  That project had an estimated cost of $113,000 with the local match being $39,783.  The Hinkson Creek greenbelt pedestrian bike trail project, from Capon Park to the east side of the UMC Hinkson Creek Recreation area, was estimated to cost $337,590 with the local match being $118,156.  The Wabash Station project, which would utilize enhancement funds, was estimated to cost about $97,560.  The local share would be about $24,390.
    From a trail standpoint, Mr. Beck explained that the local match money would come from those funds shown in the ballot issue for this type of work.  He said there was a fund balance remaining.  If approved by Council, Mr. Beck said the staff's plan was to apply for the three projects, with the two trail projects being top priority.  Should they come out with extra money because of an inability to fund a total project, we would have the third project in front of them as a possible program for the City to start.  He noted a 35% match for each of the trail projects and 25% match for the Wabash Station project was recommended.  Mr. Beck explained that the minimum local match had to be 20%.  A higher match is available because in District Five we know that we are competing with a lot of other projects throughout the District.  Mr. Beck believed the total funds available to be in the area of $500,000.  During a recent trip, Mr. Beck said the Mayor had heard that they may be adding more money to this program.
    Mayor Hindman felt that extending the trail system and connecting the parks through trails should be the City's highest priority with ISTEA funds.  This should be the City's basic policy.  Regarding the western-most bridge in Phase two, the trail would be crossing Hinkson Creek and then join with the University Trail at that point.  He suggested that staff speak to the University to inquire if it was possible to share some of the matching money on the bridge that would connect the two properties.  He wanted to see it negotiated with the University.
    Mr. Janku asked if the University had already received funding for the area to the west of our Phase two.  Mayor Hindman said they were submitting a separate application at this time. Mr. Beck said the City had not, to date, received a copy of any application.  He said the next step would be for this to go before the Area Transportation Coordinating Committee.  He said the University would have to submit their application fairly soon in order to get it through the Coordinating Committee because they were meeting this week.  Mayor Hindman understood the University's application was in the works.  Mr. Janku said the reason he asked was because it was the connectivity that was really the strong part about this project.  He said when he looks at the map, it looks like the trail is coming to a dead-end.   Mayor Hindman suggested illustrating their intentions on the map.  It was supposed to complete a link-up so that one would be able to start at Grindstone Park and go all the way to the Student Recreation Center.  He thought that it would be more appealing to fund if it was shown to be completing that link.  Mr. Beck asked Mr. Hancock if he knew why it was not on the map.  Mr. Hancock said it was because the City had to submit a map of our project.  He said when they attend the meeting, it will be described to the committee at that time.
    Regarding the inquiry to the University providing a part of the match, Mr. Kruse said another way to do that would be to ask them to increase the match.  He thought that would increase the likelihood of receiving the funding.  As long as we were going to be checking with the University, that might as well be explored as well.
    The vote on R10-97 was recorded as follows:  VOTING YES:  HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE.  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:

B20-97     Rezoning from A-1 to C-P property south of Clark Lane, approximately 2,000 feet east of
                  Highway 63.
B21-97     Rezoning from R-3 to C-P property on the southeast corner of Old 63 and Gordon Street.
B22-97     Rezoning from R-3 to C-1 property at 1210 Eugenia Street.
B23-97     Amending Chapter 29 of the City Code to include the terms "mosque" and "synagogue"
                  wherever the term "church" is used.
B24-97     Amending Chapter 23 of the City Code regarding billboards.
B25-97     Establishing Sanitary Sewer District No. 36 along Olive and Laoris Streets.
B26-97     Confirming the contract for the Seventh Street improvement project, and appropriating
B27-97     Calling for bids on construction of a parking lot at the northwest corner of Fourth and
                  Cherry Streets.
B28-97     Calling for bids for storm drainage construction and improvements in the Jackson Street
B29-97     Accepting conveyances for utility purposes.
B30-97     Appropriating funds to conduct a tree inventory of selected areas of the City.
B31-97     Authorizing an agreement with the State of Missouri to develop a park at the MKT trailhead
                  at Fourth and Cherry Streets, and appropriating funds.
B32-97     Accepting conveyances for underground electric and water utility purposes.
B33-97     Accepting and authorizing a grant of easement for electric purposes from the University of
B34-97     Amending Chapter 27 of the City Code regarding utility accounts and billing.
B35-97     Amending Chapter 11 of the City Code to regulate tattoo establishments.

(A)     Funding for Neighborhood Alliance Convention/Festival
    Mr. Beck explained that last year there had been a neighborhood convention in the community put together by the Neighborhood Alliance.  He said that $3,000 had been appropriated in the budget for neighborhood activities and the group was requesting funding for this activity.
    Mr. Harline explained that last Sunday the Columbia Boone County Neighborhood Alliance held a regular meeting and the main topic of discussion involved having another neighborhood convention to follow-up on the one from a few years ago.  He said the entire budget for this event would be about $1,800.  He noted that $2,775 was still remaining in the budgeted amount for neighborhood activities.  He thought this is a great event and a wonderful building block for existing neighborhood associations and those that might exist after the event.  Mrs. Crockett asked how many people they were planning to have attend.  He said the room would hold 150 comfortably and that would be an excellent turn out.  He guessed 50 to 100 might be there with 13 neighborhood associations involved in the planning of the event.  He said there were other groups that had shown an interest in participating, like the Housing Authority.  He also thought it would provide an excellent opportunity for the City to report on the Volunteer Coordinator, recycling program, and other issues such as solid waste management.  He said other resources within the community would be invited such as the Community Partnership and the Conflict Resolution Center at the Law School.  He noted that it would be held on February 21, 1997, at Dulaney Hall.  Mr. Harline said there would be a reception starting at 5:00 p.m. and the program would begin at 7:00 p.m.
    John Clark, a member of the Alliance, thanked Mr. Harline for all of the work he had done.  He also thanked the Council for considering the request.
    Mr. Campbell made the motion that the request be granted and that the Neighborhood Alliance be authorized to spend up to $1,800 for the event.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

(B)     Farmer's Market Nutrition Program
    Mr. Beck said there had been a request from the State for continuation of this program.  The City's cost would be $4,025 and it would provide vouchers for the participants to use at the Farmer's Market.  The report indicated that approximately 2,000 people took advantage of the program last year.  He said this would actually be budgeted next fiscal year.
    Mr. Campbell asked how much the State contributes toward this program.  Mr. Sanford said he did not know the answer, but understood it was more than the City's contribution.  Mr. Campbell said he felt this was one of the more successful programs the City has had.  He said it had been very well received and added that he had heard many compliments from both recipients and the dealers at the Market.
    Mr. Campbell made the motion authorizing the City to participate in the program and that the amount of $4,025 be budgeted out of next year's budget for participation in the program.  The motion was seconded by Ms. Coble and approved unanimously by voice vote.

(C)     Intra Departmental Transfer of Funds
    Report accepted.

(D)     Percentage for the Arts
    Mr. Beck explained that the Council asked for this report from the Commission on Cultural Affairs.  He said the Commission had requested to make a presentation to the Council at a pre-Council meeting.  The Council asked that Mr. Beck make the necessary arrangements to have the presentation the evening of February 3rd at the pre-Council dinner.

    Upon receiving the majority vote of the Council, the following individuals were appointed to the following Commission:
    Upon his request, Mr. Campbell made the motion that Mr. Janku be permitted to abstain from voting on the appointments to the Community Services Advisory Commission.  The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.

Cain, Kathleen E., 603 Westwood, Ward 4 - term to expire 12/31/99
Dannerbeck, Anne M., 22 N. Glenwood, Ward 1 - term to expire 12/31/99
Schmidt, Ronald R., 501 Longfellow, Ward 4 - term to expire 12/31/99
Mertensmeyer, Carol A., 801 Bucks Run, Ward 6 - term to expire 12/31/97

    Mayor Hindman noted that he would be making the Library Board appointment after obtaining some technical information.  Mayor Hindman also noted that 26 individuals had applied for the Route AC Advisory Group.  He volunteered to pick the recommendations.  Mr. Kruse offered to work with the Mayor on the recommendations.  Mr. Beck commented that the Missouri Department of Transportation approved the AC alignment recommended by the City Council.

    Mr. Campbell said he received a suggestion when appearing on KFRU that he wanted to follow-up on.  The suggestion was that the yellow bus route, which runs across the south side of the City, be extended or changed so that it goes by the Job Placement Service and the Ice Chalet, which is where the Greyhound buses come in.  He asked that the staff check into the feasibility of the request.
    Mr. Harline noted that there is a new apartment building being constructed at the corner of William and Wilson.  He said this building when completed and after meeting all of the requirements, would have six parking spaces.  He said while meeting the parking requirements, it would be in effect removing more spaces than it would be creating.  He asked if there was anything that could be done to address the situation where another property would actually be made worse when putting in a new building.  He asked for a report on the matter.
    In light of the recent severe cold weather, Ms. Coble asked if there was anything in the animal protection code where at a certain level people could be considered neglectful or abusive to animals.  Mr. Boeckmann said he did not think the ordinances addressed the weather specifically, but said there were general provisions in the ordinances on cruelty to animals that could cover situations if they are not taken care of in cold weather.  Ms. Coble asked if there was a way in which we might investigate some creative uses of our own production of public service announcements or some other information to deal with that.  She said it had been a concern to herself personally, and others that she had talked to, that there did not seem to be any clarity or consistency of message about what one needs to do to care for animals in extremely cold weather.  Mr. Kruse said he had heard a number of issues regarding this topic during the recent cold snap.  Ms. Coble said the next problem was that there seemed to be no one who could enforce it.  Mayor Hindman said perhaps it was only enforced on a complaint basis.  He suggested that the Board of Health might look into the situation.
    Mr. Janku commented that he appreciated the Council support as they worked on 763 with the sidewalks and street lighting.  He said the last remaining item would be the potential for landscaping.  He said he did not expect undeveloped property owners to put in any landscaping, but said there was the convenience store and other developed facilities in the area.  Mr. Janku made the motion that the staff contact these people to see if an Adopt-a-Spot agreement could be worked out.  The motion was seconded by Mr. Harline and approved unanimously by voice vote.
    Mr. Janku said those people living in north Columbia trying to get from the Business Loop heading north often have difficulty when getting further east on the Business Loop.  He asked if the staff had ever contacted the State about trying to make some sort of access turning north on Paris/Route B from the Business Loop.  In particular, he said there was the ramp that goes up between Jack's and Westlakes.  He wondered about the possibility of creating a left turn at that location.  Mr. Campbell said that was done many years ago, but now the traffic pattern had changed drastically.  He suspected there was a way of doing what Mr. Janku was suggesting.  Mr. Janku made the motion that the staff be directed to report back on the possibility of a left turn at the light.  The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.
    Mayor Hindman said as the City was expanding the sidewalk system, the idea of expecting people to go out and clean their residential sidewalks was proving to be pretty much of a myth.  He thought it was reasonable to expect the downtown businesses to clean their walks, but in neighborhoods there were elderly people and other types of issues.  He wondered what other approaches to the situation could be made other than what we have in our ordinances.  People are expected to clean their sidewalks, but it is unenforced.  He did not know if it would be feasible to consider getting some equipment that could clean off sidewalks, especially in the more heavily traveled areas.  Mayor Hindman said he would like to see the staff take a look at some policies.
    Mr. Campbell agreed with Mayor Hindman, but said he had received two phone calls after the recent snow from people who had cleaned their sidewalks and the City promptly came along and plowed them in again.  He said this was something that would have to be examined carefully.  Mrs. Crockett said she thought we were doing well to keep the streets cleaned.  Mayor Hindman suggested that they look into what other cities do and what other approaches were taken.
    Mr. Janku said the City cleans the sidewalks in front of parks and he thought the schools also cleaned walks in front of their buildings.  He said what he had noticed as a problem were the houses that backed up to collector streets.  He said those people would have very little incentive and access to those sidewalks.  He suggested that if they were going to look into anything that it be the major collector streets, not individual residential areas where people should still have responsibility.
    Mr. Campbell noted that Stewart Road, between Garth and Providence, was very heavily used for pedestrian traffic.  He said for areas such as this, those sidewalks could be designated and owners notified that they have a responsibility to keep them clean.  He said the property owners should know that they would be monitored and if they did not keep them clean they would be cited for it.
    Ms. Coble commented that she has neighbors on Worley that live where people gather to wait for the bus, but those property owners are in their nineties.  She said there was no way they could keep their walk clean.
    Mr. Kruse said he thought the emphasis should be on arterial and collector streets.  He said there could be a hierarchy of priorities if there is a school nearby or other such things.
    Mr. Harline said this needed to be coordinated with the street cleaning policies because there would be some sidewalks, for instance the area near Boone Hospital, where special consideration should be given.  He thought the general idea was something worth looking into.
    Mayor Hindman made the motion that staff be asked to look at the City's present sidewalk cleaning policies and make suggestions to the Council.  The motion was seconded by Mr. Kruse and approved unanimously by voice vote.
    Henry Lane, 1816 E. Broadway, spoke on B34-97 which was introduced this evening.  The bill regarded minimum charges on utility bills.  Mr. Lane explained that current City ordinances require that the utility customers pay a minimum monthly charge for electric, water, and sewer services.  He said the ordinances were very clear that this is a minimum charge per month, but the City has interpreted it as a minimum charge per bill.  In this ordinance amendment, staff was requesting that they be allowed to continue that practice.  He said that would not be a problem if the bill would cover a full month's period.  He said there are people that move and their first bill and/or their last bill was not going to cover a full month.  However, those people are still charged the minimum monthly fee for these services.  As a result, Mr. Lane said they were paying more for basic utility service than they should have to.
    The meeting adjourned at 10:00 p.m.

                                                                                     Respectfully submitted,

                                                                                     Penny St. Romaine
                                                                                     City Clerk