SEPTEMBER 2, 1997

    The City Council of the City of Columbia, Missouri, met for a regular meeting at 7:00 p.m., on Tuesday, September 2, 1997, in the Council Chamber of the City of Columbia, Missouri.  The roll was taken with the following results:  Council Members JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN and COBLE were present.  The City Manager, City Counselor, City Clerk, and various Department Heads were also present.

    The minutes of the regular meeting of August 18, 1997, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Ms. Crockett.

    Mayor Hindman noted that B249-97 and B250-97 would be added to the Agenda for introduction.
    The agenda, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mr. Kruse.



B211-97     Adopting the FY98 budget.
    The bill was read by the Clerk.
    Mayor Hindman noted that this bill had been continued from the last meeting and added that it would be tabled to September 15, 1997, for one last hearing on the budget.
    Ilene Rauzi, 506 Huntridge Drive, Chairperson of the Community Services Advisory Commission, explained that one of the issues focused on this year had been welfare reform and the local impact that it might have on Columbia.  She explained the Commission's report which outlined both the funding recommendation process and funding recommendations.  Ms. Rauzi said this year's funding process had probably been the most difficult that the Commission had experienced.  She thought part of the reason for this had been the number of proposals that were received -- 31 agencies and 48 programs requesting $721,340.  With the vendor contracts, total funds requested were $845,840.  This represented an increase from 26 agencies and 39 programs from last year.
    Ms. Rauzi knew there were probably questions regarding the Commission's recommendation for child care allocation, the Voluntary Action Center, and perhaps others.  She said the decrease in child care allocation was a difficult one that had been discussed extensively with different options examined.  She said the reason for decreasing the funding was that this program had $75,000 which had remained unspent.  She said the Commission viewed this as a short-term solution and an opportunity to fund other needs until the demand for child care became more evident.  In terms of Voluntary Action Center and others who appealed the Commission's funding recommendations, Ms. Rauzi said there were too few dollars and too many needs.  She said there was also the issue of the merger between the Voluntary Action Center and the Boone County Council on Aging.
    Ms. Rauzi reported one of the outcomes from this year's work had been the realization that the budget process needed to be re-evaluated and refined to enhance decision making.  She said that would be one of the priorities for the coming year.  Ms. Rauzi thanked the Council for the consideration of the Commission's recommendations.
    Mayor Hindman thanked the Commission for their report and said it had obviously been very carefully done.  He said it represented a tremendous amount of work.
    David Johnston, 2701 Chambray Road, explained that he is the Chairperson of the Community Development Commission.  Mr. Johnston said the Commission had held several hearings this spring with respect to the fiscal year 1998 Community Development Block Grant.  The entitlement amount estimate for fiscal year 1998 is $1 million.  Mr. Johnston explained the recommendations that had already been received by the Council.
    Mayor Hindman thanked the group for all of their hard work and added that the Council had received copies of all of the Commission's meeting minutes.
    Greg Olson, 217 W. Broadway, addressed the Council as President of the John William Boone Heritage Foundation.  He further explained the proposal that had been presented to the Community Development Commission.  Part of their proposal is to secure the property as soon as possible.  He said if the property was sold to a private individual, that would eliminate any public decisions in the future of this important building.  He explained that this group's intentions is to convert the property into an African American cultural center.  He said this request had been made after a couple of months of serious polling and community meetings.  Mr. Olson said his group felt this was an important time to publicly acknowledge and recognize African American contributions and African American life in this community.  It was felt the Blind Boone house could be an important part of the MKT Trailhead project, and a great center of tourism and commerce for our community.
    Mrs. Crockett asked Mr. Olson how much money his group had raised at this point.  Mr. Olson said it was just over $1,000.  He said the present focus is on fund-raising.  He said they were attempting to compile a well-planned, comprehensive fund-raising strategy.
    Mayor Hindman noted that the Block Grant Committee had made the recommendation for $127,000.  He said the numbers the Council had heard in relation to the purchase of the property exceeded that amount by about $40,000.  He gathered it was not likely that this group would be raising the $40,000.  Mr. Olson replied not in the manner that would be necessary to come up with the money for the purchase of the property.  He said there is a very narrow window of opportunity as far as time to purchase the property is concerned.
    Mr. Kruse commented that the Foundation's fund-raising plan had been very well thought-out and realistic.  He thought it had a great chance of succeeding.
    Cindy Mustard, 600 S. Greenwood, Executive Director of the Voluntary Action Center, spoke in response to the recommendations of the Community Services Advisory Commission.  She asked the Council to consider giving VAC additional funding as it had been recommended that they receive the same level of funding established for the last two years.  She explained the increase is necessary because the Voluntary Action Center is currently the central hub for social services.  Ms. Mustard said the Center's services have steadily increased, probably 50% since last year.  She noted that they are not a government agency as such and, as people are moved from welfare to work and the funding from the state and federal level diminishes, the Center is finding more and more people coming to them.  In addition, the  Children's Investment Trust program will be located in the VAC office.  Ms. Mustard reported she currently has a staff of one other person and to date, the Voluntary Action Center has provided over 8,000 units of service since January, compared to about 5,000 at this time last year.  She appealed to the Council for additional funding if it would be possible.
    Ms. Coble asked about the range of funding Ms. Mustard was seeking.  Ms. Mustard responded that the Voluntary Action Center had applied for $8,000 of funding from the City and for $5,000 from the County.  She said for the last two years the Center had not received any recommendation for funding from the County.  Ms. Mustard reported 20% of the people VAC serves live outside the City.  She said it would be helpful if the Voluntary Action Center could receive between $8,000 and $10,000 of funding.
    Mayor Hindman said he knew that the Voluntary Action Center provides a great deal of services that are an extension of the City government.  He said that was a very important consideration.
    Pat Smith, 4601 Akeman Bridge Road, spoke on behalf of the Skateboard Ad Hoc Committee.  She said this Committee held meetings through the summer and worked closely with the Parks and Recreation Department.  She thanked Mr. Green and his staff for their time.  Ms. Smith said the Committee had sent the Council their basic recommendation which suggested resurfacing and restructuring two tennis courts in Oakland Park for purposes of being used for a skateboard park.  It had been recommended that this should occur as soon as possible because the Committee felt the lack of a park was an immediate problem.
    Ms. Smith reported the Committee learned that skateboarding and in-line skating are the two fastest growing sports in the United States.  She said these athletes need a place to skate without fear of prosecution and without fear of injury.  She said there is a misconception about skateboarding being dangerous.  When comparing skateboarding to other recreational activities, the statistics show a smaller percentage of injuries per participant in skateboarding.  Ms. Smith said the City's liability should be no more of a concern than for any other sport.  She said the Committee had been hard-pressed to find anyone that could talk to them at any length about claims due to skateboarding injuries.
    Ms. Smith said the skateboard community is a very close-knit group, non-competitive, and always cheering each other on.  She said there was no reason to believe that level of comradery will not extend into a City skateboard park as well.
    Ms. Smith said a skateboard park is not just a recreational issue, but also a health and safety issue.  She said parents are concerned about their kids skating and sliding out into the streets.  She said the Police could also better spend their time doing other things rather than ticketing skateboarders and running them off of property.  Ms. Smith said this would give the Council the opportunity to work with a group of young people they have not worked with before.  One of the recommendations in the report was that an association be established to work closely with Parks and Recreation to maintain the park, to move it around, and to develop the course.
    Mr. Kruse thanked Ms. Smith for all of her work.  He said the layout was very unique.
    Mayor Hindman asked if Ms. Smith felt that Oakland Park was an acceptable location for a skateboard park.  Given all of the considerations, Ms. Smith said a place is needed that already had facilities in place, i.e., restrooms, lighting, and maintenance.  She said the skaters could probably address that question better than she.
    Mr. Janku noted that the area was fenced in.  He asked if it was anticipated that the area would remain fenced, or whether just the surface would be used.  Ms. Smith said initially the Committee felt the fenced area would work in terms of allowing the park to be locked up at night, but eventually they would like to see the park grow.  She said the south side of the fence could be taken down and the park could expand toward the pond.  Mr. Janku asked if participants would be charged for using the park.  Ms. Smith said the Committee anticipated it would be similar to the practice currently used with the tennis court in which users did not pay to use the courts.  However, the Committee did envision special events and fund-raisers to help maintain the park and for future expansion.
    Paul McConnell, 2257 Almos Place, explained that he has been a skateboarder for the last eleven years.  He said the sport had changed drastically over the years, but the interest and enthusiasm had remained the same.  He said there were over 200 kids in Columbia and in surrounding areas that are willing to put in their time and effort to enjoy this sport.  He said it would be in Columbia's best interests to provide a skateboard park.
    William Robertson, 217 Broadway, spoke on behalf of the Blind Boone Heritage Foundation.  Mr. Robertson asked that the Council help the Foundation in their quest to obtain the Blind Boone Home in order to protect and preserve it.  He said he was not speaking to the request of $127,000, but in general to the protection and preservation of the Home for the benefit of Columbian's and those who will visit Columbia.
    George Parker, 113 Crestmere, also spoke in favor of the City purchasing the Blind Boone Home.  He said typically, cultural centers for ethnic groups are funded by each particular group.  In this case where a gentleman like Blind Boone is being honored because of his great achievements, the fact that he happens to be of a particular ethnic group just naturally lifts that group.  Mr. Parker thought the fund-raising for this project would be much easier if the City supported the project in order to honor Blind Boone and his great achievements.  He agreed the City should buy the building for that purpose, but when the project is referred to as an African American cultural center, the public policy should be canceled.  He asked if a cultural center should be built for every group that wants one.
    B. J. Tripp, 3700 Santiago, pointed out that Columbia's new Lange Middle School was named after another black from Columbia.  He said Blind Boone was a man with great talent, but above all he was in a City that recognized it and allowed him to become the best he could be.  He said Columbia also allowed Mr. Lange to be the best he could be, regardless of his color.  He did not think there were many other towns in this part of Missouri that would have allowed this to occur.  He proposed that the City not have a black culture center because one exists at the University.  Mr. Tripp wanted the building purchased to preserve it as a museum representing Blind Boone and all other Columbians who have achieved in our community.  He wanted it to be a community museum celebrating the City.
    Ray Brasser, 1875 El Cento, a member of the Board of Directors for the J. W. Boone Heritage Foundation, thanked the Community Development Commission for recognizing the value of this project and taking time to support it.  He also thanked Harold Warren Senior for his patience.  Mr. Brasser read from the statement of purposes of the Foundation.  The mission of the Foundation is to preserve and restore the historic John William Boone House, to develop the property into the John William Boone Heritage Center, and to provide historical interpretation, educational opportunities, and cultural events for residents of and visitors to the City of Columbia.  It further stated the Foundation seeks to raise awareness regarding the legacy of rag time great John William Boone, his numerous and widely traveled musical performances, as well as his many compositions and his influence on the history of music throughout the country and the world.  He said the Foundation would like to see the Center become a cultural bridge to different races and different groups.  He said they did not want to see a wedge driven between particular groups with this building.
    John Clark, President of the North Central Columbia Neighborhood Association, said this group is very supportive of the Foundation's efforts and all of their efforts to preserve the John William Blind Boone Home.  With respect to North Central's request for CDBG funding, Mr. Clark said the Council and the Commission approved money three years ago for the planning of an outdoor neighborhood identification art project.  He explained that the Association felt by creating a sense of identity was essential and valuable in revitalizing and stabilizing residential neighborhoods.  He said the successful concept met all of the criteria and would provide a better identification and definition for the neighborhood for those who live and visit there.
    Mr. Clark said the concept was both functional and decorative.  He said the projects would have to be safe, durable, and require low maintenance.  The design team had worked closely with the City during the entire process to ensure the final design would meet all criteria as the projects would be dedicated to the City once they are completed.  He explained that they are combinations of art.  Mr. Clark said the design team spoke with Columbia College and they were encouraging.  He said once funding is approved, the school system would be approached because three of the sites are located on school property.  He pointed out that it is hoped construction on the eight location projects can begin next spring.
    Michael Goldschmidt, 710 W. Dripping Springs Road, explained how he became the leader of the design team for this project.  He then explained that the project basically consists of three major parts.  The first part was a brick and metal bench which is contoured for comfortable sitting.  He said it contains two elements of art, on the left was an aerial garden (a low maintenance ewe perched atop a heavy ceramic bulb with a logo representing the particular intersection of that neighborhood), and on the other side there would be a metal and organic sculpture unique to each location.  He said the design team had performed extensive research in the locations of the sites in regards to utilities, easements, and all of the important rights of way.  He said the Planning Department had also been consulted.  Mr. Goldschmidt reported the design team had been informed there was no interference on any of the sites.
    Mr. Campbell asked about the weight bearing capacity of the sculpture.  Mr. Goldschmidt said it was quite heavy and would not bend.  He said there would be no sharp corners and the connections used would be non-breakable.  Mr. Campbell asked if he understood the projects would be turned over to the City.  Mr. Clark said that had been the anticipation and the discussion with the Planning Department from the beginning.  Mr. Campbell asked why these projects would not be part of an Adopt a Spot where the neighborhood could take care of the maintenance.  Mr. Clark said from the very beginning it had been asked whether the City would maintain the sites if they were built as to require very low maintenance.  He said the students at Jeff Junior may want to adopt a site, but the City would have to serve as a back-up.  He said the actual physical structures would be owned by the City.
    Mr. Janku asked about the durability of the ceramic bulb.  Mr. Goldschmidt said it was a two inch thick piece of ceramic that could not be broken with a hammer at that thickness.  He said it would be out of reach even if one was standing on the bench.
    Mr. Campbell asked how high it was.  Mr. Goldschmidt said if one was standing on the ground, it would be seven feet to the lowest end of the bulb.  Mr. Campbell assumed a step ladder would be needed for watering.  Mr. Goldschmidt explained that the chosen species is one that does not require  a lot of water.  He said the bulb was designed to catch rain water and the species was a drought resistant, very low water species.  In honesty, Mr. Goldschmidt said in the beginning years there would probably have to be a little watering involved to keep it going.
    Mayor Hindman asked if there was any reason why this project could not be a bench or two one year, and then look at adding more the next year if it works well.  Mr. Goldschmidt said he thought it was important to establish a critical mass of the sites so that the project succeeds immediately.  He said a critical mass would tell people which neighborhood they were in.  He said eight sites was the minimum number established and those had been prioritized.  Mr. Clark said the design team had looked at many more sites than just the eight.  He said things can always be done at different periods of time, but the eight needed to be done together if possible.  Mr. Clark said the money requested was a very small percentage of the total funding requests for this year.
    Tony Holland, 306 W. El Cortez Drive, urged the Council to fully support the Blind Boone Home project.  He hoped it could become a cultural heritage center and that it could be done without taking away from any other group.  He was fearful that if the home was not taken off the market soon, the property could become a parking lot.  Mr. Holland thought this cultural heritage center could serve as an inspiration to black youth.  He pointed out that race relations is a two-way street and black youth need to see in the past there have been business men like Lange and contributors like Boone, but also white youth need to see the same thing.  He said they need to see their fellow black students having made a contribution to society also.
    Polly Batterson, 600 Longfellow, explained that Blind Boone was not just black, she reported he had a white father and black mother.  As a child raised in Warrensburg, he grew up playing with children of both races.  She said Mr. Boone was literally and figuratively color blind.  Ms. Batterson said he brought races, people, and cultural perspectives together.  She said he could not be celebrated in a divisive way -- to celebrate him at all it must be inclusive.  His whole life was one of building bridges between cultures and races, leaving nobody out.  She said there was nothing that would serve Columbia better in being appreciative of inclusiveness than to honor Blind Boone.
    Henry Lane, 1816 E. Broadway, talked about the water capital projects budget on pages 362 and 363 in the budget document.  He contended there had been an overstatement in the amount of the budget request for four water capital projects in the amount of $213,500.  Mr. Lane asked that the budget be reduced instead of having the money go into a contingency fund.
    Mr. Beck explained that the money not used on projects would go into the Water and Electric fund balance.  He said it is divided to keep track of the two utilities.  He said it is not put in the contingency fund.
    Linda Baumgardner, 1190 S. Roby Farm Road, spoke on behalf of the Board for Rainbow House.  She offered to answer any questions about the $30,000 van request to be used for the children.  She said this year the statistics are up and Rainbow House would see more than the 278 students that were seen this past year.  She said 93% of those individuals were from the City of Columbia and Boone County.  Ms. Baumgardner pointed out that Rainbow House also assists 20% of disabled children, of which 30% are from minorities.  The van that needs to be replaced had been donated at least six years ago.  Ms. Baumgardner said three bids had been received on the purchase of a new van.
    Kathleen Cain, 603 Westwood, Vice-Chair of the Community Services Advisory Commission, said their decisions were very difficult.  She said it is difficult to recommend a certain level of funding for agencies that feel they need more, and Voluntary Action Center had not been the only agency with that opinion.  She said the Commission felt there were other pressing needs in the community that needed a response.
    There being no further comments, Mayor Hindman continued the public hearing to the September 15 meeting.

B218-97     Rezoning from C-3 to R-1 property between Old 63 and Bluff Creek Drive.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this rezoning request was for a five acre tract of land.  Both the staff and the Planning and Zoning Commission recommended approval.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B218-97 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B220-97     Establishing a scenic roadway area on Rock Quarry Road from Stadium Boulevard to the
                    south city limits.
    The bill was given second reading by the Clerk.
    Mr. Beck commented that this item had been recommended for approval on a 5 to 4 vote by the Planning and Zoning Commission.  He pointed out that several people spoke for and against the issue at the Commission level.  He said the Council had been given the meeting minutes.  Mr. Beck noted that this is the first scenic roadway overlay the Council will be working with.
    Mayor Hindman said this issue had been discussed at the pre-Council dinner, and his sense was that the Council wanted to table it after hearing comments this evening.  In the meantime, the Council would have a work session regarding the issue.
    Mayor Hindman opened the public hearing.
    Greg Johnson, 3300 W. Worley, explained that he volunteers at the Columbia Chinese Christian Church.  Up to about a year ago, the Church would have endorsed the scenic roadway proposal.  He said the property fronts about 300 feet on Grindstone Avenue, but the AC project would take almost all of this distance.  He said the Church would be losing about one-third of the property on the south side, and about half of the property on the west side.  Mr. Johnson said parts of the scenic overlay would prevent the change in the entrance to the church.  He said the Church is essentially in favor of the idea, but they would need some assurances that operations could continue without becoming smothered in the process.
    Mr. Janku asked how the Church would be prevented from changing their entryway.  Mr. Johnson said it had to do with the 200 foot boundary and construction height of over 28 feet.  He said if the entrance was moved to the other side of the church, it would not comply with those requirements because the building is on a hill.  Also, the church would be interested in further construction at some time.  He said this scenic overlay would definitely inhibit that.  Mr. Janku said his understanding was that the Highway Department would compensate the Church to allow relocation elsewhere on the property.  Mr. Johnson stated there was a compensation plan like that, although moving that type of building would still create a problem.  He said there would still be some parking area required by City ordinance and the entrance would have to be rerouted to Rock Quarry Road.  Because of the project, Rock Quarry Road would be less scenic.
    Mr. Campbell asked what the current underlying zoning was for the church.  Mr. Hancock said it was R-3.
    James Gregory, 4500 S. Rock Quarry Road, explained that his parents built their small home on Rock Quarry in 1948.  Although this property has been annexed into the City, he has yet to receive some City services and now the City wanted to take 200 feet of his property.   He was against the overlay, but said he would never cut a tree there.  He said the road was scenic because it had been left alone.  Mr. Gregory said he was interested in putting in 50 to 60 lots.  He said he would voluntarily give the City 50 to 100 feet, but thought 200 was too much.  He thought the road should have been widened a long time ago.
    Mr. Kruse asked Mr. Gregory if he realized the City would not actually be taking 200 feet.  Mr. Gregory said he realized that, but the City would be placing restrictions on his property and he could not rebuild the home he has now because it is 180 feet from the road.  Mr. Kruse asked Mr. Gregory if he would support some kind of additional regulation through an overlay zone of up to 100 feet.  Mr. Gregory said he would support that.  Mr. Kruse asked if he would support a 15 foot limit on building height.  Mr. Gregory said he was not worried about that part of the ordinance.
    Mr. Janku said he had received a call from someone asking if the road could be improved or widened if the overlay district was adopted.  Mr. Janku said that could be done, but how he did not know.  He said the overlay would not require the road to be kept in the same shape as it is now.
    Louise Eason, 3406 Rock Quarry Road, commented that there were individuals that had worked for the last 15 years toward the scenic designation of Rock Quarry Road.  Among those people was Mrs. Gregory, the mother of the previous speaker.  She noted that the County was working on a similar ordinance.
    Norman Lenhardt, 1118 St. Christopher, said he was not in favor of scenic roadways because they kill development.  He said it would force the community to spread out even further which means more infrastructure.  He said the City had already lost 30% of the farmland in Boone County in the last ten years.  Mr. Lenhardt said the City needs to consider the distance driven to serve people for fire, police, water lines, telephone lines, sewer lines, etc.  He noted there was an expectation for oil to reach its peak by 2013 and the City needed to be thinking about transportation and how much density could be put in before furnishing transportation.  He explained there had been a recent court case where passing an ordinance to prohibit development had been ruled as the taking of property.  Mr. Lenhardt thought the issue should be tabled until a lot more information could be compiled and studied in order to make an intelligent decision.
    Matt Harline, 301 McNab, said this scenic overlay was very popular throughout the community.  He said this proposal was simply in keeping with Council policy on a number of different levels.  First of all, the Council unanimously established the scenic road zoning district five months ago.  He said it had been drafted primarily by the staff with five years of effort in working with the neighborhood.  He said now if the Council decided to reexamine the ordinance, it would seem to say the process was flawed.  He said this follows the recognition of Rock Quarry's uniqueness when in 1991 the Council devoted funding to improving Old 63, and leaving Rock Quarry Road for a later time with future deliberations as to how to preserve its uniqueness.  Again, this occurred in 1995 when the money was funneled toward Grindstone Road and some other projects so that the traffic would be diverted down Old 63.  In the AC deliberation, Mr. Harline pointed out that the Council policy supported a Grindstone route with a condition that the state would not just allow, but participate, in making that road neighborhood friendly.  He said the state has helped to some extent, but basically they have ignored any financial responsibility for it.  He said this was also in keeping with past policies to support pro-active neighborhood activities.  Mr. Harline felt this process had been good and in some form or another a scenic roadway must be adopted here or nowhere.  He asked what road in Columbia was more scenic than Rock Quarry.  Regarding the Church, Mr. Harline said they needed to find the Board of Adjustment.  He said some of their points are very valid and need to be addressed as an individual property with special needs.
    Linda Roots, 807 N. Eighth Street, commented that she has had the opportunity to work with several different neighborhoods over a long period of time.  She said all of the different groups had worked hard to preserve the character of their neighborhood.  She said her neighborhood supports this request for overlay zoning, and felt the entire City should support it.  Ms. Roots said just because North Central does not have a scenic road to preserve, that did not mean they were not interested in one being preserved somewhere else.  Ms. Roots stated she drives Rock Quarry Road every opportunity she gets.
    Jan Pritchard, 3505 Rock Quarry Road, Chairperson of the Scenic Road Committee for the Grindstone/Rock Quarry Neighborhood Association, passed out a copy of her comments and pictures of the area.  She pointed out that the handful of people who oppose scenic roadway overlay zoning for Rock Quarry Road have absolutely nothing to lose if such zoning is granted.  Ms. Pritchard said their fear is that they simply will not be able to gain as much from the development of their property if overlay zoning is granted.  She said these people have owned their land for a long time and they could sell it and make a considerable profit without doing anything to it.  Ms. Pritchard thought the fear that they are going to lose is unjustifiable because the development of their property is just as likely to increase under scenic road overlay zoning as it is to decrease.  She said she could visualize an office park on Rock Quarry Road with the advertisement saying "come work on scenic Rock Quarry Road".  She said she could also see a multi-family housing development along the same road with a sign saying "come live here".  She said all of these things can work with development whereas, on the other hand, tens of thousands of people stand to lose if scenic overlay zoning is denied for the Rock Quarry Road corridor.  Locally, Ms. Pritchard explained it is the scenic roadway corridor that defines the Rock Quarry neighborhood, which includes not only single family residences, but also a number of multi-family housing areas.  She said if the scenic corridor is destroyed, the quality of life for all living in that neighborhood would be severely jeopardized.  City-wide, every man, woman, and child in Columbia would lose one of the most beautiful, natural areas, and one of the most scenic roadways in Columbia if protection is denied along this corridor.  Regarding the Church, Ms. Pritchard said the neighborhood has always supported them and if they went to the Board of Adjustment, the neighborhood would support their request.  Regarding tabling the issue, Ms. Pritchard thought it was ironic that this very Council unanimously approved the ordinance and were now going to rethink it.
    Tom Schneider, an attorney with offices at 11 N. Seventh Street, spoke on behalf of Lew Costas and Milton James who have owned the southwest commercial corner of Stadium and Rock Quarry since 1967.  He said it has long been a Sinclair Station with another accessory commercial use which has changed from time to time.  He said the two men really have no position on whether or not the Council should adopt a scenic overlay ordinance, or whether it should be applied to the scenic portion of Rock Quarry Road.  He said their property was plainly not what this ordinance is directed at.  Referring to the minutes of the Commission meeting, Mr. Schneider said every Commission member who spoke about the northern 400 foot exclusion, agreed the Sinclair Station should not be included.  He said grandfathering was not the answer to this situation because if their tenant wants to build a new canopy or erect a new pole sign, it would have to conform to the new requirements, particularly the 15 foot height limit.  He explained that in their lease, which was recently renewed for a ten year period, there was a provision which allows the lessee to terminate the lease if the lessee feels the local regulations impairs their ability to use the property in their judgment.  In this particular circumstance, Mr. Schneider said the overlay could be a real problem.  His feeling was that the scenic overlay, if adopted on Rock Quarry Road, should commence 400 feet south of Stadium Boulevard, approximately where the bluff is located.
    David Chin, 431 Maple Grove Way, spoke as a board member of the Chinese Christian Church.  With the AC expansion, he said their church would be losing land from both the Grindstone side as well as the Rock Quarry side.  Mr. Chin said he could not see how an individual could guarantee what the action of the Board of Adjustment would be.  He said another problem with the present scenic roadway overlay that has not been addressed is future non-compliance of homes and buildings that may be destroyed or damaged by accidents such as fires or tornadoes.  Mr. Chin said there are possible other solutions for Rock Quarry Road.  He said the safety for the road could be better addressed by putting stop signs along the T-intersections, such as on Riback Road.  He said the alternative routes to Rock Quarry Road should be fully addressed.  Finally, Mr. Chin suggested if there was to be a regulatory taking of property, the City should take what is truly scenic and reimburse the property owners for that taking.
    Billy Ko, Pastor of the Chinese Christian Church, reiterated the Church's dislike of the proposal, but said they would support it because they care for their neighbors.  Reverend Ko felt the Church could not be moved because they could not afford it and nobody could guarantee the construction cost.  The Highway Department had offered the Church $50,000 to move the building, or $150,000 for the entire property and the building.  He asked that the Church be exempt from the overlay district.
    Bob Bassett, 7510 Richland Road, said he could not understand the idea of this overlay making his property more valuable.  He explained that he owns property between Quarry Park Drive and Nifong.  Mr. Bassett said the only way it could increase property values would be if the ordinance restricted construction of rental property between that area and town.  He said to do this overlay would be taking away his property rights.  Mr. Bassett was specifically interested in the stipulation where if his buildings were destroyed by a natural disaster, he would not be allowed to rebuild them.  He said he would be allowed to rebuild something less than what he had originally, something under 15 feet high.  His present buildings are two stories.  He was not sure the Board of Adjustment would let him rebuild even if they had that authority.  Mr. Bassett said the area from Riback Road, or Grindstone to Nifong, certainly did not meet any of the specifications for a scenic roadway.
    Mr. Janku asked about Mr. Bassett's property and the approximate height and distance of his buildings from the roadway.  Mr. Bassett said he had three duplexes and four 4-plexes within 100 feet of the road.
    Janet Hammen, 1416 Wilson Avenue, said that she drove on Rock Quarry Road as often as possible.  Being a firm believer in historic preservation, she considered this scenic roadway historic preservation.  She encouraged the Council to consider the designation and the fact that it would enhance the quality of life in that neighborhood, as well as for all of Columbia.
    Mariel Stephenson, 2111 Rock Quarry Road, spoke as Vice-President of the Greenbelt Coalition of Mid-Missouri.  She said the actual greenbelt crosses Rock Quarry Road and impacts what happens on Rock Quarry Road.  She said that anything that acts as a buffer to that watershed is a benefit to the City and to the greenbelt.  All that the scenic roadway designates as an overlay zone is a vegetative buffer which could be trees, wild flowers, or manicured lawns with some hedge.  She said those things are all buffer -- it did not have to be a berm that was so many feet tall or anything that structured.  Ms. Stephenson said the concern of the Greenbelt Coalition is that once something is destroyed, it is lost forever.  She said one important issue about Rock Quarry Road is that it is the natural link to Rock Bridge Memorial State Park.  Ms. Stephenson said it was the County's and the Park's desire that as much of the road be preserved as possible.  She noted that the Coalition had never been opposed to development, but they were in favor of making that development as environmentally friendly as possible.  She said a 50 foot buffer along a roadway is very environmentally friendly.  Having access or being adjacent to the greenbelt were very good selling points for property.  Ms. Stephenson said this scenic overlay would not only enhance and protect the greenbelt on Grindstone and Hinkson, but would also benefit any of the developers in a major way.
    George Crawford, 2220 Shepard Boulevard, displayed a map showing the roadway and what was in the 50 foot, 100 foot, and 200 foot right of way.  Starting at the bridge, he said there were lots of trees and only one house actually in the 200 foot area.  He said the rest of it was scenic and everyone would agree it is beautiful.  He showed the area where there were a few houses in the 50 and 100 foot rights of way and said it was still fairly scenic there.  At Riback Road he felt the scenic overlay should stop because it contained nothing pertaining to designated criteria when reading the ordinance.  He said it was just like any other street in town.  In counting up the family units from Riback Road down to almost the City limits, Mr. Crawford said in the area within the 200 foot roadway there are 111 units, 65 which do not comply with the proposed ordinance.  He said that comprised 58.5% of homes that do not comply.  Within the 100 foot right of way, he said there were 74 units and 65 of them do not comply.  He said that was 67% not in compliance.  Mr. Crawford said from Stadium to Nifong there were only two houses within the 200 feet.  He felt this was like taking an easement and if the property owner did not want to give it, the City should pay for it.
    Mayor Hindman asked Mr. Crawford if his drawing could be used for the work session.  Mr. Crawford said if someone would let him know when it was needed, he would make it available.
    Mr. Janku asked where Mr. Crawford's property was located.  Mr. Crawford explained that it was just north of the Chinese Church and contained 37 acres zoned R-3.   He did not plan to request a commercial rezoning.  Mr. Janku asked Mr. Crawford if there were any of the height restrictions and setbacks he could live with.  Mr. Crawford said the 50 feet setback could be acceptable, if necessary.  He said the 15 and 28 foot height restrictions could create staggering.  He said a single story house could be 50 feet back from the road and a two story would have to be 100 feet back.
    John Clark, 403 N. Ninth, explained that he has worked on various projects with the neighborhood association and that he was very supportive of the ordinance.  He agreed with Mr. Harline when he asked if not this road, then what road.  Mr. Clark did not agree that the regulation would amount to a taking.  He suggested the Council approve the ordinance and begin to think about some other mechanism to address compensating people when the entire City would benefit from what was being done.
    Richard Simpson, 3407 Rock Quarry Road, said both sides had made good points.  He reminded everyone they had been at this issue for several years now and said he hoped it would not be another five.  He thought even the people against it could see the merit of it.  He thanked everyone for their help on the project over the years.
    Mayor Hindman made the motion that B220-97 be tabled to the October 6, 1997 meeting.  The motion was seconded by Mr. Janku and approved by voice vote.

B223-97     Approving the C-P development plan of Walt's VW Service Parking on the east side of
                    College Avenue south of Business Loop 70 East.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this development plan had been unanimously recommended for approval by the Planning and Zoning Commission.  The staff also recommended approval.
    Mayor Hindman opened the public hearing.
    Christina Luebbert, an engineer with Marshall Engineering and Surveying, offices at 300 St. James, explained that she had prepared the C-P plan for the Shoupe's and offered to answer any questions.  There were none.
    David Rogers, 1400 Business Loop 70 East, explained that he owns all of the adjoining land to the east of this site.  He said this was a good plan and a good business.  He asked the Council to approve it.
    Mayor Hindman closed the public hearing.
    B223-97 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B233-97     Authorizing construction of a 12-inch water main in Boone Industrial park North, Block 2,
                    Lot 5, and authorizing payment of costs above those to install an 8-inch main.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this was being done in accordance with Council policy.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B233-97 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B234-97     Authorizing City staff to construct renovations and improvements at Woodridge, Again
                    Street and Rock Bridge neighborhood parks.
    The bill was given second reading by the Clerk.
    Mr. Beck commented that these improvements had been budgeted for in the current budget.
    Mr. Green said the City would basically bring existing playground equipment up to national safety standards.
    Mrs. Crockett asked if provisions had been made for an entrance off of Lansing.  Mr. Green said that had been studied and they did not quite know where they were going to put it, but there would be an entrance off of Lansing.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B234-97 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

(A)     Sidewalk construction along a portion of West Broadway.
    Item A was read by the Clerk.
    Mr. Beck noted that the estimated cost for building this segment of sidewalk was $100,000, to be paid for from the sales tax fund and tax bills.  He said the reason the sidewalk had not been constructed earlier was because there had been a question raised as to how far back the sidewalk should be built.  Mr. Beck said he has been supportive of seeing this be a minimum width, four lane road at some point in time.  He knew the City needed to go ahead with the sidewalks, but he felt it was being built in the wrong place as they would have to be reconstructed in the future.
    Mr. Patterson said this project was originated by City Council directive to proceed with construction.  He said staff has met with the property owners along the segment being proposed for the construction of sidewalk.  During that process, he explained that they also met with property owners where no curbing exists on the north side of Broadway, east of Pershing.  What was being proposed at this location met with the resident's acceptance and they were aware that there will be a proposed tax bill for the curbing.  He said curbing would be an improvement to their property in the form of storm drainage and water management of the property.  He said it would also make the property more attractive and more maintainable.
    Mr. Patterson said if staff proceeds with the project, there would have to be a public hearing after completion that would establish the special benefits.  The proposed maximum tax bill for the curb and gutter sections would not exceed $14.00 per abutting foot.  He said if it was less than that, it would be the actual cost of the curb and guttering.  Since the sidewalk is in the Master Sidewalk Plan, Mr. Patterson said there would be no tax bills for the sidewalk and it would be paid for out of the City's capital improvement sales tax fund.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Janku noted that some of the sidewalk to the east was deteriorating.  He wondered if staff was considering reconstruction of this section.  Mr. Beck asked if the staff was proposing to look at that area separately under the policy of maintenance.  Mr. Patterson said that was correct.  Currently, policy has been to try to fill in gaps where there are no sidewalks.  He said the City has done repair work where it is  considered to be a major safety problem.  Mr. Patterson said there will not be extensive sidewalk replacement until sidewalks are constructed in areas where there are none presently.  He said staff could evaluate the section in question and get a cost estimate based on the bids.
    Ms. Coble said there was a group of neighbors working on a petition.  She said these people are talking to area residents about where they perceive a need for replacement.
    Mayor Hindman asked if replacement was tax billed.  Mr. Patterson said it was under a policy depending upon what type of sidewalk it is.  He said if the sidewalk is on the master plan, there is a percentage the City would pay and, if it is not on the master plan, it would be a shared cost.  Mr. Beck said West Broadway was on the master plan.
    Mr. Beck suggested that the staff report back on the replacement of existing walks in bad repair.  Mr. Patterson said staff would also have to look at the programming of the available funding in context with what some of it has already been designated for.  Mr. Beck suggested that the sidewalks could possibly be added to a maintenance type project rather than a construction project.
    Ms. Coble made the motion that the staff be directed to proceed with the sidewalk improvement project.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

B213-97     Amending Chapter 22 of the City Code to establish wastewater system connection fees.
    The bill was read by the Clerk.
    Mayor Hindman noted that the Council had been given an amendment sheet which would amend the effective date of the ordinance from October 1 to November 1.
    Mr. Campbell made the motion that B213-97 be amended per the amendment sheet.  The motion was seconded by Ms. Coble and approved by voice vote.
    Mr. Beck explained that he had discussed this issue with the manager of the Boone County Regional Sewer District.  It was his understanding that their Board would meet on the 16th of September and they would enact their program.  He said the Sewer District's intent was to move forward with a connection fee and with an effective date the same day as the City's.  Mr. Beck said this would have some impact on the budget -- one-twelfth of the estimated revenues of $425,000 based on permits that have been issued in the past year.  He said there would have to be a decision made as to whether or not the budget should be amended to reduce the revenues shown.  Mr. Beck reported additional information will be sent to the Council.
    B213-97, as amended, was read with the vote recorded as follows:  VOTING YES: CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  ABSTAINING:  JANKU.  Bill declared enacted, reading as follows:

B215-97     Authorizing acquisition of land on the northeast corner of Range Line and Wilkes
    The bill was read by the Clerk.
    Mr. Beck said the Council had given the staff direction to acquire the property at this location.  Since that time, he explained that the property has come under new ownership and the Council asked that this ordinance be prepared.
    David Rogers, an attorney with offices at 813 E. Walnut, spoke on behalf of Harold and Fred Hinshaw, the owners of the property in question.  Mr. Rogers explained that the Hinshaw's purchased the property two or three months ago.  He explained the layout of the property.  He said there was one lot to the north that was not involved with the building or the land immediately surrounding it.  He said there were also three lots to the east between the building and Pannel Street.  Most of the rest of the block was school property and a playground with enclosed parking.  It was Mr. Roger's opinion that if the City were to condemn this property, it would cost anywhere from $110,000 to $170,000 to not get very much.  He said the City would also be taking a fairly valuable piece of property off the tax roles.
    Mr. Rogers said there was a very good possibility, if the Council were to defeat the ordinance this evening, that his clients could utilize the building and the property immediately around the building for the uses for which it was purchased (a real estate office would be in the southern most half of the duplex, and the northern half, consisting of approximately 1,300 square feet, would be rented for a commercial purpose).  In any event, he said Mr. Hinshaw would remodel the building for the two commercial purposes and utilize the land immediately around the building for parking required for an O-1 use and a C-1 use.  Armed with the City's appraisal obtained in anticipation of litigation that verifies the building adds nothing to the value of the property, Mr. Rogers said the owner might well be able to donate to the City a substantial portion of the property that is in excess of their needs and come out financially.  He said it would be a win/win situation for all concerned.  In fairness, he thought it would take about 60 days to determine if this would be feasible or not.
    Mr. Janku said he appreciated the offer and thought it was well worth exploring.
    Mr. Beck said the City did not want two separate tracts, they would have to be connected.  Mr. Rogers said the tracts could probably be connected by the east ten feet of lot one, or something of that sort.  Mr. Beck thought there would be room for a landscaped parking lot that would meet City requirements.  He said there would be enough room with the parking wrapped around the building to have enough space left so the southeast corner could be connected.
    John Clark, 403 N. Ninth, President of the North Central Columbia Neighborhood Association, said this was an issue his group has been very involved in.  He and Mr. Hinshaw had talked about some other possible arrangements other than actually buying or taking the whole land.  Mr. Clark said the neighborhood would like to investigate some of these options because of the possibility that the building could be used for some other purposes.  He said the purposes Mr. Hinshaw suggested were not necessarily bad ones.  He said the neighborhood is also interested in the maintenance of the building.  He said there were a lot of different groups interested in this issue, and his group expected that all concerned would be involved in discussions about what would or would not work for everyone.
    Mr. Janku thought what was being proposed had a lot of positive attributes.  As opposed to spending a lot of money to acquire the land and the building, he thought the City could put the money into the park.  He said the City would need to work with the school to plan that, which could obviously take some time.  Mr. Janku suggested that the Parks and Recreation Commission could obtain input through the public hearing process at one of their upcoming meetings.  His concern about the building had been that it could have been sold to someone who would have used it for a bar or liquor store.  He said something like that could have had a very negative impact on the neighborhood.  Given the current owner and their long standing interest in the area, he did not think that was any longer a threat.  He thought the City was safe in not acquiring the building.  Mr. Janku suggested the Council defeat the bill at this point.
    B215-97 was read with the vote recorded as follows:  VOTING YES:  NO ONE.  VOTING NO:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  Bill defeated.

B221-97     Annexing property on the west side of Scott Boulevard across from Grant Lane.
    The bill was given second reading by the Clerk.
    Mr. Beck commented that this was an approximate 9.4 acre tract of land in which voluntary annexation is requested.  He said the staff was recommending approval.  Mr. Beck pointed out that the public hearing had been held previously.
    B221-97 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B222-97     Annexing property west of King's Meadow Subdivision.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this five acre tract of land was located in west Columbia.  Again, the staff was recommending approval.
    B222-97 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B228-97     Confirming the contract for construction of sewers in Sanitary Sewer District 136 (Olive
    The bill was given second reading by the Clerk.
    Mr. Beck explained that five bids had been received for this project and the low bid had been from Capitol Railroad Construction Company in Jefferson City.  The bid was for $38,304.50 and would be paid for by special assessment and City sanitary sewer utility funds.
    Mr. Campbell questioned whether or not the City had previously done business with this firm.  Mr. Patterson said the company had been used before on contracts and the staff was confident they could do the job.
    B228-97 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B229-97     Confirming the contract for construction of a flood intake structure at Wetland Treatment
                    Unit 3, and appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the bids that were opened had been substantially over the consulting engineer's estimate and because of that, it would cost the utility fund a much larger amount than originally thought.  He said the staff was recommending tabling the issue while they discuss it with the state and federal agencies involved.
    Dan Barkledge, an attorney for Missouri Bridge and Concrete, explained that his client had been the low bidder, but the bid had been rejected because the proper bid bond form was not used.  He explained the difference between the City's bid bond form and the AIA form -- the one used in this case.  He suggested that the Council check into the situation to make sure it agreed with Missouri law.  Mr. Barkledge asked the Council to award the bid to his client as well as not awarding any change orders to some other non-related bill.  In addition, he and his client would like to be informed when this matter is returned for Council consideration so they may appear again.
    Mr. Beck pointed out that the above-mentioned bid had not been read because it did not comply.  Mr. Patterson said the bid was opened only to check the bid form, but the bid was not read nor made part of the record.
    Mr. Barkledge asked if this item would be tabled to a date certain.  Mr. Patterson said they would either, at the next Council meeting, make a recommendation to the Council to award the contract or to defeat the ordinance.  He said staff's goal is to get the money secured to provide an extension of time that will allow them to bid the project and allow more time for contractors to work on the project.  Mr. Patterson said they found that to be probably the defining factor in the high bids on the project.  He noted that they had consciously over the years developed their own documents and have chosen not to use specific AIA contracts.  He said they have always felt their contracts to be appropriate.  Mr. Patterson reiterated that these forms have been used on multi-million dollar projects and did not feel there was a problem with them.
    Ms. Coble asked if she was correct in assuming that a bid not coming in with the proper forms was deemed non-responsive.  Mr. Patterson said that was correct.
    Mr. Janku said he appreciated the staff's efforts to figure out some way to save the City additional money.
    Mr. Campbell made the motion to table B229-97 to the September 15, 1997 meeting.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

B230-97     Authorizing an agreement with Boone County for a grant to help fund revisions to the
                    Nifong Boulevard intersections at Forum and Bethel, and appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck explained, as the Council is aware, the County Commission allocates $200,000 each year to various cities within the County for road improvements.  He said Columbia's allocation was $30,000 and the staff is planning to utilize it on the two intersections in south central Columbia.  Mr. Beck pointed out that the grant would not pay the entire cost of the project.
    Mayor Hindman asked if the work had been designed.  Mr. Patterson said staff expected to conduct the public hearings on the intersections in October.  He said when the preliminary designs were completed, staff found that additional pavement would be required and the original estimates would not have covered that.  Mr. Patterson said they applied for the grants to provide funding for the additional work.  He was expecting construction would begin in the spring.
    Mr. Kruse asked if the Council would see the designs at the time of the public hearing.  Mr. Patterson said that was correct and added that would be the time to provide options and alternatives, and get direction from Council resulting from public comment.
    B230-97 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B231-97     Authorizing acquisition of the Gates/Rader building.
    The bill was given second reading by the Clerk.
    Mr. Beck said the Council had previous discussions regarding purchasing this property when it became available.  At this time, he explained that the Rader portion of the building is available.  He said this bill would authorize the City to acquire the south half of the structure.
    Mr. Campbell asked if the City would be buying half of the building and leasing the other half.  Mr. Beck said that was correct.
    B231-97 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B236-97     Authorizing an agreement with the University for use of a portion of the City's fiber optic
                    cable system.
    The bill was given second reading by the Clerk.
    Mayor Hindman noted that an amendment sheet had been prepared that would increase the University's payments because there would be some additional fiber optic cable laid.  The increase would be from $1,900 per month to $2,150 per month.
    Mr. Beck noted that the staff had been working with the School Board and the University so they could utilize part of the fiber optic cable system the City is installing.  He said that was in accordance with the master plan developed by the consultant and discussed with the Council.  He said part of Phase 1 is being implemented.
    Ms. Coble made the motion that the Council amend B236-97 per the amendment sheet.  The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
    B236-97, as amended, was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

PR127-97     Establishing policies relating to appointments to City boards and commissions.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this policy would formalize the application process the Council had requested.
    Mrs. Crockett made the motion that PR127-97 be amended per the amendment sheet.  The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
    The vote on PR127-97, as amended, was recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Policy Resolution declared adopted, reading as follows:

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

B217-97     Approving the final plat of Heritage Meadows, Plat 2.
B219-97     Vacating a sewer easement in Lakeview Subdivision, Plat 2, and accepting a sewer utility
B224-97     Authorizing an amendment to an agreement with the Department of Health for family
                    planning services, and appropriating funds.
B225-97     Authorizing an amendment to an agreement with the Department of Health for HIV
                    prevention services, and appropriating funds.
B226-97     Appropriating funds to the Convention and Visitors Bureau for printing and postage
B227-97     Appropriating funds to the Information Services Department and Fleet Operations Fund.
B232-97     Accepting water utility conveyances.
B235-97     Adopting annual conflict of interest/financial disclosure procedures.
R128-97     Setting a public hearing regarding the FY98 Special Business District budget.
R129-97     Authorizing an agreement with the Department of Health for breast and cervical cancer

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

R130-97     Authorizing application for FY97 STP Enhancement Funds.
    The resolution was read by the Clerk.
    Mr. Beck explained that these were the four projects the staff wanted the Council to look at before applying for the enhancement funds.  He said they could be prioritized if the Council desired.
    Mr. Janku asked if this was for next year's funds.  Mr. Beck said there was money left over.  Mr. Hancock explained that the funding would be the last round of this highway bill.  Mayor Hindman pointed out that it could also be the last if the highway bill did not come out right in Congress.
    Mr. Janku said he was comfortable with the sequence of priority.  Mayor Hindman said he was also comfortable with it.  Mr. Beck said he did not think this order was meant to be a prioritized list.  He noted that the last two items had been submitted before, but the first two had never been applied for.
    Mr. Kruse was doubtful that the third and fourth projects would be funded.
    Mayor Hindman asked about the total amount of funding that would be divided.  Mr. Hancock said it was about $550,000, and he had heard the State would not be providing more than half of the district allocation to any one particular project.
    Mr. Kruse asked then if there was any chance of the first item being approved.  Mr. Hancock said if that item was the Council's top priority and the state wants to do it, they may indicate that it is an approved project, ask for an amendment, and come back with something later.  He said the State may tell the City to hold on and, if other districts do not spend all of their money, they will reallocate to our district.
    Mr. Campbell said he did not have any strong priorities, but in view of the political practicality of what had just been heard, he would reverse them.
    Mr. Janku asked if it would be possible to request less on the full amount of the Bear Creek project.  Mr. Hancock said that could be done and the application could be sent with the understanding that it could be amended later on.
    Mr. Beck asked if the $168,000 on the first project had been earmarked the local share.  Mr. Hancock said that was part of the local funds for the greenbelt.  He said when staff looked into it when working on the application, there had been about $267,000 left in that fund from the 1/4% sales tax from 1995.  After taking out the $168,000, there would still be about $100,000 remaining.
    Mr. Janku said there is a way to segment this a little more if the Council wanted to break it up into another segment.  He said there was the six acres at the intersection of Blue Ridge and the creek.  He said work could be done to that point, and then complete it later if additional funds are available.
    Mayor Hindman said he was torn in that the City had gotten the Bear Creek project underway.  He said the MKT Trailhead Park would be very nice for Columbia.
    Mr. Beck asked if the Council thought staff should submit at least two of the projects.  He thought possibly three would be smart.  He said if the State had $55,000 in funding remaining, they may be looking for a project in that price range.   Mayor Hindman asked if partial funding was ever granted.  Mr. Hancock said the State had on one prior greenbelt project a few years ago.  He said the City had asked before if they should reduce requests and had been told to just let them ride.  Mr. Hancock said staff could continue discussions with the State to see how it looks closer to the deadline.  He said if the requests needed to be reduced a bit, that could be done.   It was decided all four projects would be sent without establishing priorities.
    The vote on R130-97 was recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R131-97     Approving the preliminary plat of Woods Edge Subdivision.
    The resolution was read by the Clerk.
    Mr. Beck said this plat would create five R-1 lots.  It had been recommended for approval by the Planning and Zoning Commission.
    The vote on R131-97 was recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

 R132-97     Approving the preliminary plat of Stoneridge Estates, Phase 1, and granting variances.
    The resolution was read by the Clerk.
    Mr. Beck pointed out that this had been recommended for approval on a 5 to 3 vote by the Commission.  He said there was also a concern on the staff's part regarding the north/south collector street in the area.  He said their feeling was that the street should extend through the Subdivision, but the owner does not agree.
    Mr. Campbell said this has been an ongoing discussion and no agreement had been reached.  He thought there was the possibility of an agreement being worked out.
    Mr. Campbell made the motion that the Council table R132-97 to the September 15, 1997, meeting.  The motion was seconded by Mr. Kruse and approved unanimously by voice vote.

R133-97     Authorizing a right of use permit to allow Gaslight Better Homes and Gardens to adopt a
                    spot for beautification along a portion of Forum Blvd.
    The resolution was read by the Clerk.
    Mr. Beck explained that this was the continuation of the ongoing program of allowing the flower beds along Forum Boulevard to be adopted.  The staff was recommending approval.
    Mayor Hindman thanked Gaslight Better Homes and Gardens for agreeing to do this.  He said it was much appreciated and would be a great improvement for the community.
    The vote on R133-97 was recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R134-97     Authorizing an agreement assigning THA Community Support Services' interest in an
                    emergency shelter contract to New Horizons Community Support Services.
    The resolution was read by the Clerk.
    Mr. Beck said there had been a change in ownership in some of the programs in Columbia.  He said that New Horizons has bought out THA and this would reassign the contractual arrangements with THA to New Horizons.
    Ms. Coble asked if there was any local representation on the New Horizons Board, or if they were going to let the former Board of THA act as advisory.  Mr. Steinhaus said that question had been posed by the Community Services Advisory Commission and New Horizons' response had been no.  He said they also did not have any intention of doing that in the future.  He said in addition, New Horizon indicated they hoped they would not have to come back to the City in the future to request additional social assistance funding.  He said the Commission had been pleased to hear that.
    Mr. Steinhaus said New Horizons directed a self-supporting operation in Jefferson City, and have a good relationship with the Department of Mental Health.  Ms. Coble asked if New Horizons was cutting any of their housing.  Mr. Steinhaus said they were not and that they were going to continue to provide emergency shelter services.  He said he had spoken with Mr. Chung who said about 70% of the clients are able to attach to some funding stream through the Department of Mental Health.  He said the other 30% of the clients are provided services at no charge.  Ms. Coble asked Mr. Steinhaus whether he felt he had sufficient mechanisms given the history of the transition of the program.  She said usually the reason for a locally elected Board of Directors is to provide accountability to the community and funders regarding services.  Mr. Steinhaus said he felt that he did, mainly through the Department of Mental Health oversight.  Ms. Coble asked if it was true that they had not done an audit of THA for years.  Mr. Steinhaus said that was true.  He said the City's contracts allow for audits.  He said in working with New Horizons, he felt already he was getting straighter answers and that they were more than willing to provide whatever documentation he needed.  Mr. Steinhaus said they want to assure the City that they are providing quality services in this community and want to do whatever they can to win the faith of the Commission and Council.
    Mr. Janku asked if New Horizons had said in the future they would not be requesting social service funding from the City.  Mr. Steinhaus said that was what they had indicated to the Commission.   They had said they would not come back next year for social assistance funding, but they did not make any indication about whether they would continue to apply for emergency shelter grant funds.
    Mr. Steinhaus explained that he had held the agreements for a period of time because there is an issue with the Community Development Block Grant liens on the properties.  He said the THA Board still has to work them out.  Ms. Coble asked if the liens were transferred to New Horizons.  Mr. Steinhaus said they would not be transferred and it may be months before it is worked out.  Ms. Coble suspected that would be an example that had been discussed earlier in which there are situations where the City would never get it because the property does not hold the value.
    Ms. Coble said one of the issues mentioned by the Community Services Advisory Commission addressed monitoring of programs and contract evaluation, not necessarily outcomes based, and being able to develop a system of evaluation so they could investigate agencies before many year's worth of administrative difficulties have occurred.  Mr. Steinhaus said he would do his best to stay on top of that and keep her posted.
    The vote on R134-97 was recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R135-97     Authorizing an agreement with New Horizons Community Support Services for
                    emergency shelter services.
    The resolution was read by the Clerk.
    Comments were called for with none received.
    The vote on R135-97 was recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R136-97     Authorizing an agreement assigning THA Community Support Services' interest in two
                    social assistance contracts to New Horizons Community Support Services.
    The resolution was read by the Clerk.
    Comments were called for with none received.
    The vote on R136-97 was recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R137-97     Authorizing an agreement with U.S. Geological Survey for groundwater monitoring of well
                    sites around Columbia wetland treatment units.
    The resolution was read by the Clerk.
    Mr. Beck explained that this is a $152,000 program to monitor the groundwater wells in the river bottom.  The funds are split three ways; half paid for by U.S.G.S., half of the remainder by the Water and Light Department, and the other half of the remainder by the Public Works Department.
    The vote on R137-97 was recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R138-97     Authorizing an agreement with Water District No. 2 regarding water service for Emerald
                    Ridge Subdivision.
    The resolution was read by the Clerk.
    Mr. Beck explained that approval of this resolution would provide a formal agreement with the District.
    The vote on R138-97 was recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  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:

B237-97     Authorizing Transportation Enhancement Funds Program agreements for the Bear Creek
                    Trail Phase 3 and Hinkson Creek Trail Phase 2 projects, and appropriating funds.
B238-97     Rezoning from R-2 PUD to C-P property at the southeast corner of Hyde Park and Nifong.
B239-97     Approving the final plat of Providence Village South, Plat 1.
B240-97     Approving the final plat of Hanover Plaza, Plat 4.
B241-97     Assessing a special tax to abate weed nuisances.
B242-97     Accepting water utility conveyances.
B243-97     Adopting the FY98 budget for the Special Business District.
B244-97     Establishing Parks and Recreation Department fees.
B245-97     Amending Chapter 27 of the City Code regarding water rates.
B246-97     Establishing a Post Employment Health Plan for City employees.
B247-97     Adopting the FY98 pay plan.
B248-97     Amending Chapter 19 of the City Code regarding personnel policies, rules and
B249-97     Authorizing an annexation agreement and sewer line extension for Victoria South.
B250-97     Authorizing an annexation agreement and sewer line extension for property located on
                    the east side of State Route KK.

(A)     Traffic Problems at Soccer Fields at Fairview Park.
    Mr. Beck explained this report was in response to a Council request to try to alleviate some of the traffic problems at Fairview Park.  He said there were a couple of alternatives the staff felt could help the situation.  Mr. Beck said what this would do would be to open up a cul-de-sac to a parking lot.
    Mr. Campbell said he had asked that this be sent to the Neighborhood Association.  He will address this issue again after hearing from them.

(B)     Traffic Studies - Thompson Road & Wyatt Lane, Ash Street & 5th Street, Park Avenue & Tenth

    Mr. Beck said it had been suggested that Thompson Road and Wyatt Lane be left as is, and the other two intersections changed to all-way stops.
    Ms. Coble asked when the signs might be expected at Ash and Fifth, and Park and Tenth.  Mr. Patterson said passage of an ordinance authorizing installation of the signs is necessary.
    Ms. Coble made the motion that the staff be directed to prepare ordinances per the staff recommendation (omitting Thompson Road and Wyatt Lane).  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

(C)     Second Quarter Report on Volunteer Hours.
    Mr. Janku said it was great.  Mayor Hindman agreed it was very impressive.

(D)     FY97-98 Percent for Arts Project List.
    According to the guidelines, Mr. Beck said there were several projects in the CIP that would qualify.  He thought perhaps this should be brought to the work session and then to the meeting on the 15th so the Council could designate projects at the time they adopt the budget.
    Mr. Campbell said he thought that was an excellent suggestion.  Mr. Beck said that was what he would do.

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


    Mrs. Crockett said she had received many calls from Lange Middle School parents regarding children trying to cross Oakland Road and Smiley Lane, and the lack of sidewalks.  She had spoken with Mr. Patterson, and his staff had put up some signs and marked the roadway.  She said the main concern is where there are no sidewalks on Oakland.  Mrs. Crockett said the road was very narrow in spots and had no shoulders and there were children riding their bikes on it to get to school.  She asked Mr. Patterson if there was any way to get the Oakland project moved up sooner than next year when it was scheduled.  Mr. Patterson said although staff was well into the design of the project, there really was no way because of the acquisition of right of way and everything else that will be required.  He did not think construction could be expected before next summer.  Mrs. Crockett said she did not want to have a child injured, but she did not know what else could be done.  Mr. Patterson noted that they were monitoring the situation.  He said their traffic engineer had been out there four times since Mrs. Crockett had called.  He also said the traffic engineer had been in communication with the Police Department and they have had some additional efforts in the area.  Mr. Patterson said staff intended to have a report back at the next meeting, and that they had been evaluating putting in yellow flashing beacons as something to assist while school is in session at both Smiley and Oakland.
    Mrs. Crockett said she had indicated to a caller that until the property on the east side of Oakland is developed, the City could not require a sidewalk.  Mr. Patterson agreed.  Mr. Janku said it had been platted.  Mayor Hindman asked if there was any way a path could be installed.  Mrs. Crockett said the creek would have to be crossed.  Mrs. Crockett asked for any suggestions anyone might have.
    Mr. Janku asked if the students were to the north or south of Smiley.  Mrs. Crockett said the lady she had spoken with was north of Smiley, but the others had been to the south.  Mr. Janku said to the north there was no really good crossing point.  Mrs. Crockett said the people to the south have a sidewalk up to Smiley and then they can cross-over.
    Mrs. Crockett said she had been asked frequently about the Pony Express Painting in the Council Chamber.  She said she had no problem with it staying where it is.
    Mr. Janku said the cost of moving it had been quoted at approximately $15,000, and he was not prepared to pay that much.  Ms. Coble said she would like to see it cleaned.  Mr. Campbell said that would not preclude the curtain idea.
    Mrs. Crockett made the motion that the Pony Express Painting be left in its present location.  The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
    Mrs. Crockett asked where the City stood on solid waste.  Mr. Beck said Mr. Patterson had met with the consultant last week and they had come up with some dollar figures.  Mrs. Crockett asked if they were talking about another report.  Mr. Beck said they did not have a report yet dealing with any site, but a report recommending a site, which the Council has not selected as the number one site.  He said the next step was to get enough detailed information so they could talk about financing the project.  He said they would have to make sure they have a workable layout plan for one of two sites.
    Mr. Campbell thought the Council had decided at the Retreat that work sessions on the issue would be planned after they have finished working on sewer and budget.  He agreed the issue needed to be resolved.
    It was decided the Council would have work sessions on the subject.
    Ms. Coble said previously the Police Department had looked at a recreational vehicle parked on the east side of West Boulevard, at Broadway and Ash.  She said it had been found to be legal as the owners said they occasionally used it for transportation in town.  She asked that the situation be revisited given that drivers have to cross the centerline to pass the vehicle if going north on West Boulevard.  She said those who live in houses to the north of the vehicle are barely missing being hit every time they pull out of their driveways because they have no visibility.  Chief Botsford said staff would take another look at it.
    Ms. Coble understood it was not the City's policy to get a change order on a construction project for use of City funded contractor's equipment on private property.  She said there was a request from private property owners, who are adjacent to a large construction project of the City, to have some backhoe work done.  Mr. Patterson said he was familiar with Ms. Coble's concern.  He said private property owners quite frequently make their own arrangements with the contractor, but the City does not authorize issuing change orders to use the City's contract or City funds on private property for private purposes.
    Mr. Janku said he had received a call from someone pleased with the crossing guard at Derby Ridge and the new crosswalks across from the new Middle School on Smiley Lane.
    Mr. Janku had been asked about the staff taking a look at the parking on the northwest corner of Morning Glory and Garden Drive.  He said parking had been taken off the southwest corner a few years ago.  The duplexes to the north are continuing to have a parking problem.
    Mr. Janku asked if a response had ever been received from the Highway Department about Primrose and Stadium, and striping the lanes on Stadium or Route E, so the people pulling out could be confident the traffic (particularly truck traffic) would stay to the right.  Mr. Patterson said the only response staff had received was that the Highway Department would be doing a study on it and said they would advise the City of their findings.
    Mr. Janku explained that he had received a call from someone on Garth Court who is having problems with the sight distance when trying to pull out onto Garth.  The caller had asked about a three-way stop.  Mr. Janku said he assured the caller he did not think it would qualify.  He asked if there was anything that could be done in terms of signage that would warn motorists of the intersection.  Mr. Janku said the caller was also very interested in sidewalks because of his children walking to school.  He told the individual he would convey his interest and, hopefully, in future budgets it could be looked at.
    Mr. Janku said the Council had received a letter about the potential greenbelt area on Hinkson Creek in northeast Columbia.  He thought discussion should continue on this topic.  Mayor Hindman suggested that because the letter had just been received, the Council should consider it at the next meeting.
    Mrs. Crockett announced that the Highway Department had installed some rather large signs on Highway 63, at the COLT Railroad crossing, that she felt would be very helpful in alerting motorists of the crossing.
    The meeting adjourned at 12:15 a.m.
                                                                                                 Respectfully submitted,

                                                                                                 Penny St. Romaine
                                                                                                 City Clerk