MAY 5, 1997
    The City Council of the City of Columbia, Missouri, met for a regular meeting at 7:00 p.m., on Monday, May 5, 1997, in the Council Chamber of the City of Columbia, Missouri.  The roll was taken with the following results:  Council Members COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, and COFFMAN were present.   MAYOR HINDMAN was absent.  The City Manager, City Counselor, City Clerk, and various Department Heads were also present.

    The minutes of the regular meeting of April 21, 1997, were approved unanimously by voice vote on a motion made by Mr. Janku and a second by Ms. Coble.

    The agenda, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Kruse and a second by Ms. Coble.


1.     Establishing a Community Garden - Evan Prost
    Evan Prost, 1404 Gary Street, Vice-President of the Smithton Valley Neighborhood Association, explained the location they were interested in utilizing as a community garden on Clinton Street.  He was able to contact nine of the area residents and all of them had been supportive.  The lot size for the garden is approximately 250 feet by 75 feet wide.  The property is currently used in the neighborhood for playing basketball and horseshoes.  Mr. Prost said the front part of the lot is mostly clay, but the rear portion of the lot contained good black dirt.  This is the area that would be used for the garden.  Mr. Prost reported he had also attended a meeting of the Community Garden Coalition and found that this group has projects on North Ninth Street, Claudell Street, and various other locations around town.  The Community Garden Coalition is enthusiastic about sponsoring and taking care of the day to day management of a garden on Clinton Street.  In addition to the City allowing residents to use the land as a garden, it is also requested that the City provide a water hydrant and a line.
    Ms. Coble noted that this lot was vacant because the home that had occupied it was torn down due to flooding problems.  She assumed there was still a water line on the property.  Mr. Prost said there was an underground storm sewer that starts on the east side of the street and runs downhill into the lake on Broadway.
    Mr. Campbell asked if there was a water meter on-site.  Mr. Patterson said he could not answer that question, but assumed it was stubbed out because of a house having occupied the location.
    Mr. Janku asked if storm water flow had been directed to this area.  Mr. Patterson did not think this would be a problem.  He said the City demolished the house because there was not room for a channel and an overflow between the former home and the adjacent structure.  He said staff created a design channel for a 25 year storm.  Mr. Patterson reported in a 100 year frequency, storm water would flow over this property.  However, for ordinary use he did not think it would be subject to flooding, other than in the channel.  Mr. Patterson obviously expected that the garden would be kept out of the channel.
    Mrs. Crockett asked who would reap the benefits of the garden.  Mr. Prost said one of the neighbors had suggested that perhaps the kids at West Boulevard School could get involved.  He said the Caring Community Site Council has a summer program at West Boulevard and they could possibly link some kids and adults together that would want to work on this sort of project.  Mrs. Crockett asked if residents were requesting the City to provide water at no charge.  Mr. Prost said this was correct.  Mrs. Crockett felt problems could be encountered if the City did that.  Mr. Beck did not think the Council should make a decision to run a water line without knowing what might be involved.  He said a report could be submitted at the next meeting if the Council wanted to look into the situation.
    Ms. Coble indicated she would like to receive information on the details of the arrangement with Water & Light and the City for the Ninth Street plot.  She wanted to know what the connection was with the Community Garden group.
    Mr. Beck said Mr. Prost's request may appear to be simple, but he felt if the City provided water for this neighborhood, it would need to be done for any neighborhood requesting such.
    Mr. Coffman asked if there were any other community gardens other than the plot on Ninth Street.  Mr. Green replied there are three different locations throughout the City where plots are provided.  These are located at Bethel Park, Cosmo Park, and Fairview Park.  He said his department charges $22 per year for a 25' x 25' plot.  Mr. Green reported that the City does not provide water at any of the sites.  The Parks and Recreation Department has been following this current policy for approximately 25 years.  Mr. Coffman asked if the Ninth Street plot was an exception to the policy.  Mr. Green replied it was.  The Garden Coalition is a not-for-profit corporation that provides their produce to the Food Bank or to those in need.  In addition, another policy implemented by the Parks and Recreation Department is that those who rent City plots cannot grow produce for commercial purposes.  Anyone using a City plot must sign an agreement indicating that their produce will not be sold or taken to the Farmers Market.
    Mr. Campbell commented being an old farm boy, they raised gardens for decades without water.
    Ms. Coble made the motion that staff be directed to prepare a report explaining the arrangement at the Ninth Street plot, the potential costs to the City, existing policies, and the tie-in with the Community Garden Coalition.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

2.     Sidewalk Additions on Worley Street - Saleem Bilal
    Saleem Bilal, 411 W. Worley, spoke of the need for the construction of sidewalks along the north side of Worley Street to complete major gaps in the existing sidewalk system.  He said there were sidewalks on the north side of the street from Providence to Garth, at which point it stops.  He cited reasons for completion of the system includes public health safety and general welfare of Columbia citizens.  He said a sidewalk would also enhance the improvements being made in the area.  In addition, Mr. Bilal reported elderly and handicapped residents would benefit by not having to stand in the street to wait for public transportation.  He noted that Worley is a major thoroughfare and is frequently used by pedestrians on the south side of the street.
    Ms. Coble said living on the south side of West Worley Street where there is a sidewalk, she could attest to the high volume of foot traffic, bicycles, and strollers.  She reported this traffic is intense most of the time and a sidewalk on one side of the street is not sufficient.  She also noted that there is a City park on the north side of West Worley without sidewalk access to it.
    Ms. Coble made the motion that staff be directed to report back on the potential expense of extending a sidewalk on the north side of West Worley Street.  The motion was seconded by Mr. Kruse and approved unanimously by voice vote.

3.     Loud Radios - William Easley
    No one appeared.

4.     Audubon, East Pointe & Stadium Blvd. Intersection - Leslie Trogdon
    Leslie Trogdon, 2402 Case Pointe Drive, President of the East Pointe Property Owners Association, spoke on behalf of the East Pointe group.  She noted a petition had been submitted to the City with approximately 400 signatures.  The petition is for a traffic light at the intersection of Audubon Drive and Stadium Boulevard as a condition for issuing a movie theater building permit.  Residents are concerned that the theater would increase the Stadium/Audubon/East Pointe traffic and make it even more of a safety hazard than it already is.  East Pointe Drive would be the only street that traffic could access and exit the commercial development.  Ms. Trogdon reported the situation in the area has been so bad that area businesses had to alter work times of employees in order to stagger the traffic.  Many of these employees turn right on Stadium from East Pointe Drive and travel east on Stadium where it dead ends, then turn around and proceed west to avoid crossing the busy intersection.
    Jane Addison, 2407 Shepard, Vice-President of Shepard Boulevard Neighborhood Association, spoke on behalf of this group as well as for the Moon Valley Heights Neighborhood Association.  She said the two neighborhoods are in a very enclosed area and residents do not have an exit available to the north because of Hominy Branch, or to the east because of Highway 63.  Ms. Addison said there are four exits from the neighborhood on to Old 63, but a signal is needed at the intersection of Audubon and Stadium, directly opposite East Pointe Drive.  Ms. Addison noted that the Department of Transportation said this location has a low accident rate as well as a low traffic count.  Residents in the neighborhood indicated to her that they simply do not use the intersection if it can be avoided.  Ms. Addison attributes the low traffic count to residents being afraid to use the intersection.
    Mr. Coffman said area residents and businesses have been supportive of a light at this location for a long time.  He thought it would be prudent to plan ahead for it instead of waiting for an accident to happen.  Mr. Coffman reported Ms. Addison was definitely correct regarding the reason for the low traffic count.
    Mr. Campbell noted that Stadium is a state highway and it is of their opinion that a light is not warranted.  He asked what the City's options were at the present time.  Mr. Beck said options included convincing the Highway Department to allow a permit to be issued if the City paid for it, or attempt to get funds advanced from the Highway Department and have a signal installed sooner than the State feels it is warranted.  He said staff had probably sent three or four letters over a period of time asking that this intersection be reviewed.  Mr. Beck reported the last communication had been fairly recent and the response was that a light is not warranted.
    Mr. Janku said the same type of problem had occurred in his ward, and it is true that it does affect driving patterns.  He said it puts people at risk and guessed enough accidents had occurred at 763 and Rangeline so that a stop light was finally warranted.  Mr. Janku hoped that if the current situation with the new development is explained to the Highway Department, they would recognize the significant need for a signal at the intersection of Stadium, Audubon, and East Pointe Drive.
    Mr. Beck thought the petition, along with any potential development information, should be submitted to the Highway Department in advance.  Under those circumstances, he felt more immediate planning would begin.

B105-97     Establishing A-1 zoning on recently annexed property on the east side of Scott Boulevard
                     south of the MKT Parkway.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this City owned property had recently been annexed.  He said it had been recommended for approval by the Planning and Zoning Commission and no one spoke in opposition of the request.
    Mayor pro-tem Campbell opened the public hearing.
    There being no comments, Mayor pro-tem Campbell closed the public hearing.
    B105-97 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO:  NO ONE.  ABSENT:  HINDMAN.  Bill declared enacted, reading as follows:

B106-97     Rezoning from R-3 to C-3 property on the east side of College Avenue south of Business
                     Loop 70 East.
    The bill was given second reading by the Clerk.
    Mr. Beck reported the rezoning request was for purposes of expanding a parking area at an auto repair business.  Staff felt the rezoning should possibly be a planned district, while the Commission recommended that it be zoned C-3 as requested.
    Mayor pro-tem Campbell opened the public hearing.
    David Rogers, 1400 Business Loop 70 East, explained that he owns all of the land to the east of the subject property.  He said this rezoning would permit a small expansion to an existing business.  The auto repair business at this location is a first-class neighbor and the area is kept very tidy.  Mr. Rogers said if C-P zoning is required, it would create spot zoning as this would be the only very small area of C-P along either side of College Avenue.  He noted that granting this request would evenly distribute the amount of C-3 zoning allowed on College Avenue from the Business Loop.  Mr. Rogers thought the request was reasonable.
    Mayor pro-tem Campbell closed the public hearing.
    Mr. Janku proposed an amendment which would change the rezoning request to C-P.  He said at the dedication of the Senior Center, a speaker commented on the beautiful new building that had been constructed for the center and it was unfortunate the rest of the neighborhood was not up to the same standard.  At this point, discussions were immediately initiated regarding options for beautifying the Business Loop.  Mr. Janku said the City has participated by landscaping the power plant facility on the Business Loop, in addition to the developments and landscaping that have occurred at Garth and the Business Loop.  In general, Mr. Janku said these types of auto repair businesses are not very attractive and raise a lot of potential problems.  Although this particular owner may not be a problem, nobody could predict how it would be operated in the future.  He said when the Council approved the facility on Nifong, it had been zoned C-P and it seemed to be working fairly well.  He thought there should be some degree of consistency in zoning.  Mr. Janku was in support of the expansion of the use, but thought standards should be developed for other types of used car and automobile operations around town.
    Mr. Janku made the motion that B106-97 be amended per the amendment sheet (C-P development).  The motion was seconded by Mr. Kruse.
    Mr. Kruse said he thought C-P zoning was a reasonable approach and it would be preferable to C-3.  He suggested encouraging this zoning whenever possible.
    Ms. Coble asked Mr. Hancock to explain the differences between C-P and C-3 zoning.  Mr. Hancock said the primary difference is that a C-P designation requires a development plan submitted and approved following a public hearing.  He said additional modifications to a standard zoning development could be made to a C-P plan if the Council wanted to modify some particular landscaping features.  He said the Council could specify uses within the planned commercial district.
    The motion to amend, made by Mr. Janku, seconded by Mr. Kruse, was approved unanimously by voice vote.
    B106-97, as amended, was tabled to the May 19, 1997, Council meeting.

(A)     Voluntary Annexation of property at 1126 West Old Plank Road.
    Item A was read by the Clerk.
    Mr. Beck noted that this process is required by state legislation even though it is a voluntary annexation request.  He said the applicant requested R-1 zoning.
    Mayor pro-tem Campbell opened the public hearing.
    There being no public comments, Mayor pro-tem Campbell closed the public hearing.
    Mayor pro-tem Campbell noted that no action was required and that an ordinance would be introduced this evening under New Business.

(B)     Voluntary Annexation of property south of Nifong Boulevard.
    Item B was read by the Clerk.
    Mr. Beck noted that this was City owned property and contained approximately 11 acres.
    Mayor pro-tem Campbell opened the public hearing.
    There being no comments, Mayor pro-tem Campbell closed the public hearing.
    Mayor pro-tem Campbell noted that again no action was required on this item and an ordinance would be introduced this evening under New Business.

B107-97     Authorizing acquisition of easements for the Garth Avenue and Sexton Road storm water
                    drainage improvement project.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that a public hearing had already been held on this project, but passage of this bill would authorize the acquisition of necessary right-of-way to begin construction.  He said there were probably about 45 easements needed, including temporary easements.
    Comments were called for with none received.
    B107-97 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO:  NO ONE.  ABSENT:  HINDMAN.  Bill declared enacted, reading as follows:

B108-97     Authorizing an amendment to the agreement with Shafer, Kline & Warren for engineering
                     services for the Route B project.
    The bill was given second reading by the Clerk.
    Mr. Beck said staff had worked with the State to increase the length of the project northward by 900 feet.  He said this extension required more engineering work so this amendment was required.
    Comments were called for with none received.
    B108-97 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO:  NO ONE.  ABSENT:  HINDMAN.  Bill declared enacted, reading as follows:

B109-97     Confirming the contract for storm sewer and sanitary sewer improvements on the William
                     and Anthony Street drainage project, and appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that five bids had been received and the low bid had been in the amount of $125,835.40 from Columbia Curb and Gutter.  He said the bulk of the payment for the project would be from storm water utility funds, with a smaller amount coming from the sanitary sewer funds.
    Comments were called for with none received.
    B109-97 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO:  NO ONE.  ABSENT:  HINDMAN.  Bill declared enacted, reading as follows:

B110-97     Granting a variance regarding street width on North Seventh Street in connection with
                     CCDC Subdivision.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the Planning and Zoning Commission had recommended a street width variance on North Seventh Street.  He said the property was platted in the late 1800's.
     Comments were called for with none received.
    B110-97 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO:  NO ONE.  ABSENT:  HINDMAN.  Bill declared enacted, reading as follows:

B116-97     Amending Chapter 5 of the City Code regarding confinement of dogs.
    The bill was given second reading by the Clerk.
    Mr. Beck commented that the Council had asked the staff to come up with some potential running areas for dogs.  He said the Mayor asked that this bill be tabled so he would have an opportunity to discuss an amendment he wanted to propose.
    Muriel Stephenson, 2111 Rock Quarry Road, asked for clarification regarding the Grindstone Nature Area.  She said the area contains approximately 200 acres and could be accessed from the parking lot on Old 63 as well as through Capen Park.  She reported trails in the area are in the design stage of development.  She was concerned that there are established trails that circumnavigate the 200 acres of the Grindstone Nature area and progress through various terrains.  Ms. Stephenson said the trails were used tremendously and were very well established.  She was perturbed to see no mention made of that.
    Mr. Green said the trails in Grindstone were not considered to be developed trails at the present time.  He said there is a grant pending and the intention is to develop some of the trails in the area.  When those trails are developed and become permanent, the same regulations will apply to their use as do on the MKT Trail.   Mr. Campbell asked if he understood correctly that all 200 acres would be open.  Mr. Green said that was the intention when the memo was drafted.
    Ms. Stephenson thought there were over three and one-half miles of trail currently existing in the Grindstone Nature Area, and this would be a major concern from the user's point of view regarding trails that are perceived to be developed.  She said the current trails are established and asked what was meant by a "developed trail".  Mr. Green said that would be one set out by his department with a surface on it and is usable by walking, jogging, biking and etc.  He admitted that the trails in the Grindstone Nature Area were used trails, but they had never been established with connections going from one place to another.  He said these trails had been beaten down by the walking traffic.  Mr. Green reported his department did not provide any upkeep and the trail atmosphere is maintained by the users rather than by any City development of such.  Ms. Stephenson said that was an admission that the trails were well enough used so as to be maintained by the users.
    Jane Addison, 2407 Shepard, said the City might want to clarify what exactly "running your dog" is.  She asked if that could mean someone sitting in their car while their dog is out running.  Mr. Janku said it was his sense that one would still have to have voice control.
    Mr. Campbell made the motion that B116-97, along with the amendment sheet, be tabled to the May 19, 1997, meeting.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

B117-97     Amending Chapter 2 of the City Code to establish a Disabilities Commission.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that for a number of years there has been a volunteer citizen's committee working with the Assistant City Manager on ADA matters.  He said this group has requested that a permanent committee be established to advise the Council on issues of accessibility in the community, and assist and educate the community as to the concerns of the residents with disabilities.  Mr. Beck said the Mayor had discussed this proposal with the City staff and asked that this bill be prepared.
    Mr. Kruse asked if the Mayor would be making the appointments.  Mr. Boeckmann said the way the bill was written, the appointment would be the Mayor's and then confirmed by the Council.
    Ms. Coble asked if there was a reason for doing so.  Mr. Boeckmann said that was the way the request had been presented to him.  Mr. Hargrove reported the Mayor had felt initially, since he had initiated the Commission, that this might be the appropriate way to appoint the Commission and then have it confirmed by the Council.  Mr. Hargrove did not have an in-depth discussion about the issue with the Mayor, but it had been reviewed by the Mayor prior to his leaving.   Ms. Coble said she was in support of the establishment of the Commission, but was uneasy about the process being solely a Mayor's appointment.
    Mr. Janku asked if this would be advertised in the same manner as other Commissions.  Mr. Hargrove said the same process would be followed.
    Mrs. Crockett made the motion that they table B117-97 to the May 19, 1997, meeting. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

B118-97     Authorizing an agreement with Boone County and Boone Electric Cooperative for
                     establishment and operation of a geographic information system.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this is a program recommended by the Council appointed committee who have met from time to time with the staff, Boone Electric, and the County Commission regarding a geographic information system.  He said this agreement defines the scope and cost of the GIS project, and establishes and defines the role of the GIS Management Committee.
    Mrs. Crockett asked if money had been budgeted for the project.  Mr. Beck responded in the affirmative.  Mr. Pope said $40,000 had been budgeted for the first year.  He said costs would be about $45,000 next year, and a little less the third year.
    Mr. Campbell said he was very pleased to see the project as he thought in the long run it would be beneficial to all of the parties involved, and would result in substantial savings.
    B118-97 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO:  NO ONE.  ABSENT:  HINDMAN.  Bill declared enacted, reading as follows:

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

B104-97     Levying a special tax to abate a weed nuisance.
B111-97     Approving a replat of Lot 17 of Country Club Villas.
B112-97     Approving a replat of Lot 18 of Country Club Villas.
B113-97     Approving a replat of Lot 72 of Country Club Villas III.
B114-97     Approving the final plat of Glendale Gardens, Plat 5.
B115-97     Accepting water utility conveyances.
R65-97       Authorizing an agreement with Boone County for public health services.
R66-97       Authorizing an agreement with the Department of Health for public health programs.
R67-97       Authorizing an agreement with Boone County for animal control services.
R68-97      Authorizing the Boone County Fair Board to use the 9th & Ash and Armory parking lots to
                   disband the Boone County Fair Parade.
R69-97      Setting a public hearing for construction of sanitary sewers in Sewer District No. 138
                   (Route B/Waco Road).

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

PR70-97     Establishing a Percent for Art program.
    The policy resolution was given first reading by the Clerk.
    Mr. Beck explained that the Council appointed a committee to work with the City staff regarding a percent for art program.  The committee presented a report to the Council at a work session and, since that time, the Council asked staff to look at how it might be implemented.  Mr. Beck said staff wanted to ensure there was a clear definition in the budgeting process on what the program would and would not apply to.  He pointed out that since there are special enterprise funds, staff would need to separate the sewer utility funds and the water and electric utility from the general fund account.  The program was not proposed for underground work.  Mr. Beck said committee members would be at the next meeting to answer questions.
    Being a policy resolution, Mayor pro-tem Campbell explained that it would be held over to the next meeting.

R71-97     Authorizing a grant application to Boone County to construct improvements to the Nifong
                  at Bethel and Forum intersections.
    The resolution was read by the Clerk.
    Mr. Beck explained that each year the County of Boone makes about $200,000 of their 1/2% sales tax for roads available to cities in the County.  In the past, the City has received less than $50,000 of these funds.  He said an application needed to be submitted to the Commission for projects the City would like to see funded as part of any overall programs.  The Public Works staff has reviewed some projects and were recommending that traffic signals on Nifong Boulevard at Forum and Bethel be named in the grant.  Mr. Beck said the grant would not pay for all of the project, but could help with a percentage of it.
    Mr. Kruse asked what the improvements would be.  Mr. Beck said there would be new traffic signals at the two intersections instead of stop signs.  Mr. Patterson said the design was not complete, but had come far enough to ascertain that geometric changes in the pavement will be required, as well as expanded lanes with some extension of the acceleration and deceleration lanes.  He said the City would be over their estimate on the project, and that was why staff felt it would be an appropriate application.  Mr. Patterson said improvements would basically consist of the construction of the signal standards and lane width additions and extensions.  Mr. Kruse asked if the design would be presented to the Council in more detail.  Mr. Beck said public hearings would be required on the design, and the Council would have the opportunity to review the work.  This grant application is an attempt to get more funding for the project in place.
    The vote on R71-97 was recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO:  NO ONE.  ABSENT:  HINDMAN.  Resolution declared adopted, reading as follows:

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

B119-97     Accepting the donation of a tract of land on the northeast corner of Blueridge at the Bear
                     Creek Bridge.
B120-97     Authorizing an agreement with GTE Midwest, Inc., for parking.
B121-97     Authorizing an agreement with Boone County Regional Sewer District regarding
                     purchasing the Juvenile Justice Center pump station and force main, and appropriating
B122-97     Amending Chapter 14 of the City Code regarding parking west of 13 North Eighth Street.
B123-97     Amending Chapter 14 of the City Code to set the speed limit on the US 63 Connector.
B124-97     Confirming the contract for the Forum Boulevard improvement project, and appropriating
B125-97     Confirming the contract for street construction on Silvey Street from West Broadway to
                     Worley Street.
B126-97     Annexing property at 1126 West Old Plank Road and establishing R-1 zoning.
B127-97     Annexing property south of Nifong Boulevard.
B128-97     Authorizing the sale of several City-owned lots along Aztec Blvd.
B129-97     Approving the final plat of Emerald Ridge, Plat 1.
B130-97     Approving the final plat of East Pointe, Plat 2-C.
B131-97     Approving a replat of Lot 5 of Columbia Industrial Development Corporation, Plat 2.
B132-97     Vacating a street easement for Goodwin Pointe Drive.
B133-97     Vacating a utility easement and the utility portion of a drainage and utility easement in
                     Boone Industrial Park East, Plat 1.
B134-97     Accepting electric and water utility conveyances.

A.     Street Closure Requests.
    Ms. Coble made the motion that the Council approve the first street closure request on June 14th & 15th as submitted.  The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.
    Ms. Coble made the motion that the Council approve the second street closure request on May 11th for Stephens College as submitted.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Regarding the third street closure request, Mr. Campbell said at the last meeting the Council approved the request for the Dorsey Street closing, however, did not approve the request for Garth.  Mr. Campbell reported the Council had been provided a letter of opposition from the Parkhill Improvement Association on the closing of Garth.
    Mrs. Crockett said the time span of the closure request had been amended from six hours to 90 minutes and, since she had been on the Council, could not remember a refusal of such a request.
    Mrs. Crockett made the motion that the third street closure request be granted as submitted.  The motion was seconded by Ms. Coble.
    Mr. Campbell spoke against the motion.  He said the request was at a very busy time for the Library, and the Librarian felt the street closure would still disrupt traffic even though it has been moved somewhat further south and shortened in time.  He did not believe this was a very opportune time to be having such a march on Garth because of Commencement day at the University and the increased out-of-town traffic as a result.
    Mr. Coffman asked what kind of negotiations had taken place to resolve the issue.  Mr. Campbell reported he spoke with Mr. McMurry and suggested that the march be moved one block further west to the Parkway area, but Mr. McMurry was unwilling to do so.  Mr. Coffman asked if the marchers would be gathering in the street.  Mr. Campbell believed they would end up in Garth Street.  Mr. Janku said a stage would be set-up on Garth and there would be standing in the street for the ceremony.  Mr. Coffman said he was not inclined to interfere with someone's right to assemble, but it was unfortunate that such a congested area was chosen.
    Mr. Janku wondered about the logistics of 3,000 people.  He was told this particular location was symbolic because it was where the start of Columbia occurred.
    There was a discussion about how much area 3,000 people would encompass.  Mr. Campbell thought such a group would take up most of Garth, and he did not see how this many people could be kept off the Library parking lot or private lawns.
    Ms. Coble said it was unfortunate that no one was present from the requesting group.
    Mr. Janku asked if restraining lines would be set-up so people would stay off of different areas.  Acting Chief Veach explained that typically, groups pick-up barricades from Public Works and put these up themselves.  He said the Police Department would assist the marchers traveling from Dorsey over to Garth, but the group would be responsible for setting-up the barricades.  Regarding the stage, Mr. Veach had been told last week that the group decided to use a flat bed truck or something more mobile and easier to tear down.  Mr. Janku was concerned about other problems that would be associated with the march, such as parking which is limited to one side of the street.  Mr. Campbell pointed out that Garth is a narrow street.  Mr. Janku had suggested that the group position signs at the south end of Garth to eliminate thru traffic.  However, if there was going to be 3,000 people participating in the march, Mr. Janku thought a lot of cars would be driving to that point to pick people up and to see the event.
    The vote on the motion to close the street was recorded as follows:  VOTING YES:  COBLE, CROCKETT, COFFMAN.  VOTING NO:  JANKU, CAMPBELL, KRUSE.  ABSENT:  HINDMAN.  Motion failed.

B.     Chapel Hill Estates, Plat 3 - Final Plat Encroachment onto Fire Station Property.
    Mr. Beck reported that City staff suggested to the developers that the street to be constructed south of Chapel Hill Road be directly across from another street to the north so there would not be a "jogged intersection".  To do that, the developers will need the small, triangular tract of ground adjacent to the fire station property.  He said the question came up as to who would pay for the street and sidewalk.  Mr. Beck said the fire department felt there should be some landscaping between the street and the station.  He said the developer contacted him regarding the situation and Mr. Beck indicated that he felt the developer should pay for the improvement if the City provided the triangular tract of land.  He said the developer was agreeable to this suggestion.  Prior to a plat being submitted, Mr. Beck wanted to make sure the Council had no objections to the City providing the piece of property for the intersection.
    David Rogers, an attorney with offices at 813 E. Walnut, spoke on behalf of the developers, Joyce and Jack Overton.  Mr. Rogers said the Overton's were prepared to pay for the landscaping, and the construction of the street and the sidewalk.  Mr. Rogers felt it would be appropriate for the City to dedicate the land in that this would provide street frontage even though it would probably not be used.  He thought from a public safety point of view, it would be desirable to have the extra street access to the fire station property.
    Mrs. Crockett made the motion that staff be directed to prepare the proper documents for Council consideration.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

C.     Volunteer Program along the MKT Trail.
    Mr. Beck said for some time the Parks and Recreation staff and different departments discussed the possibility of establishing a patrol for the MKT trail.  He said the Volunteer Coordinator, working with the Parks and Recreation staff and Police Department, had arrived with the plan that is currently before the Council.  Mr. Beck reported this type of program has worked well in other cities.  The trained volunteers would be equipped with cellular telephones and would wear donated, marked t-shirts as part of the volunteer program.  He said if it worked well, more patrols would be stationed in some of the parks where there has been some vandalism.
    Mr. Campbell asked how many incident reports were received regarding the MKT trail.  Mr. Green said his department receives a lot of unofficial reports for minor things such as loose dogs and litter.  Official reports have been very, very minimal.  Mr. Green foresees this program as more of an extension of the Parks and Recreation Department than of the Police Department.  Mr. Campbell asked what seasons of the year this program would operate.  Mr. Green said a lot of it would depend upon the number of volunteers, but his department considers April 15 to October 15 the active time of the year.
    Mr. Kruse asked whether the idea was to start the program with the MKT Trail, and then expand it if it was successful and additional volunteer help became available.  Mr. Green said that was his understanding if it was agreeable to the Council.  Mr. Kruse said he had some neighbors that were excited about volunteering to patrol Oakwood Hills Park.  He thought the program would be popular.
    Mr. Beck pointed out that the MKT trail was quite safe and there had been very few incidents over the years.  He said he gets more calls about dogs without leashes than he does regarding any other kind of problem.
    Mr. Janku said as the City moves forward with developing other trails, it needed to be ensured that equivalent security is in place.  As few as the incidents are, people still need to be aware that they can happen.
    Mr. Janku made the motion that staff be directed to develop a volunteer program as outlined in the report.  The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.

D.     Intra-Departmental Transfer of Funds Request.
    Report accepted.

E.     Route B; South Project - Sidewalks & Southern Terminus.
    Mr. Beck explained that this Route B project began at the Highway 63 overpass on the north, extends southward and concludes at the bridge over the Business Loop.  He said the old bridge would remain in place and the road would narrow where the ramp goes off to the west.  He said the widened road would accommodate the ramp, but would narrow.  Mr. Beck reported Mr. Patterson and his staff had looked at the sidewalk situation across the Business Loop bridge and forwarded these findings to the Council.  The report indicated a sidewalk over the Business Loop would cost about $85,000 to $95,000 and, if the bridge is widened at some future point in time, the sidewalk would be eliminated.
    Mr. Janku said the City was obviously not going to spend $85,000 to put a sidewalk across a bridge, and it did not make sense to build sidewalks on both sides of the bridge.  However, Mr. Janku has seen people at all hours of the night on the non-existent sidewalks trying to cross the bridge and that would continue to happen.  Mr. Janku did not know what the answer was at this point.  He suggested tabling the issue until the Council receives more information about what other options there may be to improve pedestrian safety on the bridge.  Mr. Janku asked if there was any sense about when a new bridge might be constructed.
    Mr. Beck said construction of a new bridge was not currently planned.  He said the question the Highway Department would probably raise regarding the issue of widening the bridge would be, unless the City creates additional connections south of the bridge, would it be desirable to encourage traffic on Paris Road.  In the past, traffic has been discouraged on Paris Road and 63 has enabled this.  Mr. Janku thought one of the reasons that commercial development is so poor in this area is because the roads are so badly laid out that it makes access difficult.  Because the cost is incidental, Mr. Janku said he would like to extend the sidewalk at least to the bridge.
    Mr. Kruse asked about the width of the bridge.  Mr. Patterson estimated it was approximately 20 feet wide.  He said there was no room for any additional designated activity on it.
    Ms. Coble said it was ridiculous to have a handicapped accessible parking lot, but no way for a wheelchair to be used to cross the bridge.  Mrs. Crockett said wheelchairs were used across the bridge now.  Mr. Beck said people were biking across it also.
    Mr. Janku made the motion that the issue be brought back in order for the Council to get an idea of what the incidental costs would be to bring the sidewalk to the bridge, as well as any suggestions for improving safety on the bridge.  The motion was seconded by Mr. Kruse.
    Mr. Kruse asked if the bridge was currently striped.  Mr. Beck said he did not think it was.  Mr. Kruse said if there was room enough for striping two or three feet, that would certainly help alleviate some problems.  Mr. Patterson said striping had occurred on Forum Boulevard because there was enough room available, however, there is no room in this case.
    The motion made by Mr. Janku, seconded by Mr. Kruse, was approved unanimously by voice vote.
      Mr. Beck said years ago he had talked quite a bit about bringing a ramp off of the Business Loop onto Paris Road, and the possibility of widening the bridge due to the lack of connection to the Interstate or the Business Loop.  He knew state funding of this project is not a very high priority.

F.     "20-foot Smoking Rule".
    Mr. Beck noted that this report had been initiated by the Board of Health.  He said the next step would be for the Council to direct the drafting of an amendment to the ordinance.
    Ms. Coble suggested that the Council discuss this issue at a work session so other options might be additionally explored.  She said if there was a 20-foot smoking rule for the Daniel Boone Building, people would have to stand in the middle of Broadway.
    Mr. Coffman said he too had questions about the workability.  He thought it was a good goal to remove a gauntlet of smokers in doorways, but thought 20 feet would leave people unclear as to where their boundaries were.  He suggested that the City may be better off to literally draw boundaries so people would be aware of where smoking is allowed.
    Mr. Campbell asked Mr. Beck to add the subject to the future work sessions list.


    Ms. Coble noted that Mr. McMurry was now present (March for Jesus street closing), and asked if he might be able to speak about an alternative location since the motion to close Garth failed.
    Pat McMurry, 3820 E. St. Charles Road, said his group had discussions with Grant School to use their playground area. If this option is not agreeable to the school, Douglass Park could be used.  No additional street closings would be necessary.
    Mr. Kruse asked about striping streets.  He wondered if the crews were running on schedule this year.  Mr. Patterson reported the City was behind schedule on getting their own crews.  He said there is currently a bid out for the pilot project of paint striping and it should be received within the next 30 days.  Once that project begins, that would pick-up quite a bit of the work.  Mr. Patterson the striping had gotten a late start this year because his staff had been doing other work.  Mr. Kruse noticed on some of the state roads that an adhesive material was used instead of, or in addition to, paint.  Mr. Patterson said the state uses a thermal tape application and it works quite well.  He said it is more expensive than the striping, but was commonly used on high volume roads like those that exist in the state systems.
    Regarding the planning on the south portion of Route B, Mrs. Crockett said residents are concerned about making left turns from old Mexico Gravel on to Route B.  Residents turning right at this intersection cannot see because of the left turn lane.  She informed residents the intersection could possibly be straightened during construction.  Mr. Patterson said putting in the additional lane would alleviate the problem.  He said he would look at the situation.  Mrs. Crockett said another person called about traveling on Clark Lane and making a left turn on to Route B.  She said traffic coming across the bridge was hard to see.  The caller was suggesting a stop light at that location.  Mrs. Crockett asked if there was a way to discourage the traffic from making a turn at the bridge.  Mr. Patterson said the Highway Department would actually like to close this leg of Clark Lane.  He said this option had been discussed a few years back, but it had been decided this would create a hardship on some people and the City decided not to pursue it.  Mrs. Crockett said the problem was that all of the traffic would then go through a residential neighborhood.
    Mr. Janku announced that June 7 was National Trails Day and noted that the Conservation Department was celebrating it.  He said private industries were involved and asked if Columbia was going to be making any note of it because of the City's strong interest in trails.  He suggested that it might be something the Convention & Visitors Bureau would be interested in becoming involved in.
    Regarding cars stopping, standing, or waiting in the Commons area on Rollins, Mr. Campbell said there were 17 cars Friday afternoon with their flashers on and no drivers in them.  He said Saturday morning there had been 11 cars at the same location.  He said "no parking" signs do not seem to be sufficient.  Mr. Campbell said signs needed to include something to the effect of "no waiting" or "no stopping".  Mr. Patterson thought it had been discussed and determined that current ordinances allowed for the prevention of that sort of thing, and that it would be an enforcement issue.  He said the police had indicated that they would follow-up on the problem.
    Acting Chief Veach said his department had discussions with the University Police regarding the situation.  He said massive enforcement had occurred with very little effect.  Mr. Veach said the City has done some enforcement as well, literally handing out hundreds of tickets.  He said other than posting someone at this location, he was not sure what else could be done about it.  Mr. Campbell did not think the signage was adequate either.  Mr. Boeckmann said he had looked at the ordinance earlier and had decided no changes were necessary because the definitions of parking and standing made it clear that it was unlawful.
    Mr. Janku said he had a related issue dealing with parking in a prohibited zone.  He thought the Deputy Chief was aware of it also.  At that time, Mr. Janku had raised the issue of towing.
    Mr. Campbell said he thought the $5 fine had lost its deterrent value and maybe towing was necessary.
    Mr. Veach said the case Mr. Janku referred to had been dealt with and dozens of tickets had been issued.  He said the fines have no effect.  He said the same problem is encountered in the East Campus area where people figure the price of the ticket is worth the parking space.
    Mr. Campbell made the motion that staff be directed to review and bring forward a recommendation for making changes in the parking fine structure and/or other options that would make the ordinances workable.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. Campbell said duplex parking spaces are dictated by the number of bedrooms.  He said the plans call for two bedrooms so two parking spaces are being provided, but the units are being advertised as three bedrooms and being rented as such.  He said that was becoming increasingly common as a way to avoid providing the additional parking.  Mr. Janku thought the Planning and Zoning Commission had talked about looking comprehensively at the duplex ordinances.
    Mr. Coffman said a situation had been brought to attention by the manager of the Regency Manufactured Home Park on Nifong.  Ms. Cowles had told him that next to the playground area, there was a sewer facility that does not have a cover on it.  He had been told there was a partial cover on it along with a lot of debris.  Mr. Coffman said it was clearly an attractive nuisance and a danger to the children in the area.  He asked staff to look into the situation.
    Mr. Janku mentioned that Fayette had passed two ordinances that dealt with traffic violations and by making them municipal ordinances, as opposed to state, the revenue came into the city.  He suggested that the staff look into doing the same.
    Paul Albert, 2703 Parker, passed out a map of the area around his home and talked about a road that was supposed to go through the park.
    Muriel Stephenson, 2111 Rock Quarry Road, explained that the Grindstone Nature Area had been purchased by the City in 1969 and was felt to be the cornerstone of the greenbelt.  Since that time, the trails had been developed and maintained by volunteers.  Ms. Stephenson said the trails were very well-established and in continuous use.  It seemed to her that the users of the Grindstone trails ought to be given the same consideration as the users of City maintained trails.
    The meeting adjourned at 9:20 p.m.
                                                                                                 Respectfully submitted,

                                                                                                 Penny St. Romaine
                                                                                                 City Clerk