OCTOBER 18, 1999

    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, October 18, 1999, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, and HINDMAN were present. The City Manager, City Counselor, City Clerk, and various Department Heads were also present.

    The minutes of the regular meeting of October 4, 1999, were approved unanimously by voice vote on a motion made by Mrs. Crockett and a second by Mr. Janku.

    Mayor Hindman noted that R194-99 would be removed from the Consent Agenda, and B389-99 would be added under Introductions.
    Upon her request, Mr. Campbell made the motion that Mrs. Crockett be allowed to abstain from voting on B351-99. The motion was seconded by Mr. John and approved unanimously by voice vote.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mr. Janku.



B351-99     Rezoning property located on the northeast corner of West Broadway and Pershing Road from R-2
                   PUD to O-P and approving the "Lake Broadway" O-P Development Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this would be an office development consisting of three buildings. He noted the neighborhood association had met with staff and the proposed developers. The Planning and Zoning Commission recommended approval subject to some issues being worked out with the staff.
    Mayor Hindman opened the public hearing.
    David Rogers, an attorney with offices at 813 E. Walnut, spoke on behalf of Bill Powell and Earl Seitz, the attorney's proposing to build their office building on the 1.9 acre lot. He reported the developers met with the residents of the neighborhood and had agreed to make a great number of changes to the plan. He believed the neighborhood association vote had been 28 to 4 in support of the plan. Mr. Rogers noted the importance of the storm water facility on the tract. He explained arrangements have been made with the City and the neighborhood to allow the dam to be raised to prevent clogging. Mr. Rogers explained flood easements will also be provided over a substantial portion of the subject site so the flow can be slowed. He said these measures will not only more than take care of everything generated on the site, but will also help alleviate the problem from Nowell's and the area north of it.
    Ben Londeree, 2601 Chapel Wood Terrace, explained that his residence is located at the southern end of the County House Branch watershed. He also explained that he is a member of the Storm Water Partnership, convener of the County House Branch Watershed Committee, and a land owner of property abutting the northern portion of Lake Broadway. Mr. Londeree commented the Partnership has not met on this issue specifically, but have discussed Lake Broadway as part of storm water control on a number of occasions. He indicated the County House Branch Watershed Committee discussed Lake Broadway as potential relief for solving watershed problems south of this location. Mr. Londeree approached the Public Works Department about the acquisition of part of Lake Broadway for the purpose of using it as a regional storm water facility. As a property owner north of Lake Broadway, Mr. Londeree affirmed storm water projects in Again Street Park and on Ash and Gary Streets have helped to control run off, and since the project was completed, he did not recall the creek being out of its banks in the area where he owns property along Redwood. As a property owner at the other end, he indicated residents still have flooding and about one-third of his property is under water several times of the year. Mr. Londeree asked the Council to support the rezoning.
    Larry Moore, CEO of the Harold Johnson Companies, owner of the property in question, explained that his company has owned this tract for some time and many feasibility studies have been done on it. Mr. Moore explained that they have designed one story brick office buildings that will have brick similar to that on the existing condominiums. He related that the only signage will be a monument sign at the corner which will designate the name of the development and the address. Mr. Moore said the signs on the buildings will probably be some kind of a brass plaque on the front of each office. He said it will be a low-key, heavily landscaped development with the big attraction being the accessibility. Mr. Moore noted that they had met with the people living in the condo's and they had authorized him to tell the Council they support the request wholeheartedly. He said they had concerns early on and changes had been made to accommodate them.
    Cyndy Jones, President of the County House Branch Neighborhood Association, explained the process they had gone through in arriving at their decision to support the request. She asked the Council to support it also.
    Peter Yronwode, 203 Orchard Court, spoke in support of the request. He found the aspect of green space and reduced density of the development to be a real plus. He said the landscaping that will be completed on the property, along with the fact that it will form an extension of the wildlife corridor up the creek and across the Lake Broadway tract, to be very appealing.
    Nick Pollo, 608 Spring Valley Road, also spoke in support of the proposed office development.
    Mrs. Gerald Guy, explained that she and her husband have lived directly across from the site for over 30 years. She said they were in full support of the request as they felt it would be the best use for the land.
    Roger Cook, Vice-President of the County House Branch Neighborhood Association, 206 Spring Valley Road, said it was the Association's understanding that three letters that have been a part of the negotiations were included as a part of the plan and will become an official part of the plan if it is accepted. He asked for verification.
    Mr. Rogers said that was absolutely their understanding as well. He said they hoped the letters would be a condition of the approval of the plan and made a part of the plan.
    Mr. Campbell asked if all of the changes referred to in the letters have been made. Mr. Rogers believed that to be the case, although he was bothered about the monument sign. He said they have agreed it will not be lit and will not exceed six feet, but he is not sure that had been appropriately reflected on the plan.
    Mr. Boeckmann noted that the letters themselves are not part of the ordinance and are not referred to. He was not sure if everything has been reflected in the plan. Mr. Rogers said they would agree the letters could be an attachment to the plan or something the Council approves. He said they did not want to agree to anything that would not be enforceable. Mr. Boeckmann said he would not recommend that the Council do that. He felt everything in terms of uses had been reflected in the ordinance. He said if there are any conflicts he would not want to put both of them together.
    Mr. Cook asked if he understood correctly that it would not be possible, at this point, to change the plan or to add an amendment putting the height of the sign at six feet. Mayor Hindman asked if those conditions could be made by amending the ordinance to include them. Mr. Boeckmann said the ordinance could be amended. Mayor Hindman asked how it would become enforceable.
    Mr. Patterson was not sure that everyone was clear on what was being talked about being included on the plan when they refer to the letters. He assumed one letter referred to as being from Public Works. He said it is a commitment to a process which is to determine if there would be public benefit for improvements to Lake Broadway that would warrant putting utility funding in it. He said staff is hopeful of that, but did not think at this point they could say it for certain. Mr. Patterson was not sure it would be appropriate for it to be part of the plan because it is an agreement designating the City will proceed in a certain way.
    Mr. Campbell referred to Exhibit B (the design parameters), and said he would ask that the exhibit be amended to stipulate that the sign will be limited to not more than six feet. Mr. Patterson said that would take care of the sign issue.
    Mr. Cook noted that the plan calls for 49 parking places per City regulations. He commented the developers are willing to reduce the number by one subject to approval by the Council.
    Mr. Rogers explained there are still 49 parking spaces designated because to reduce it any further would have required a variance. He noted the total number of spaces was reduced from 51 to 49. Mr. Rogers reported they achieved both purposes; they have the required number of parking spaces and they have returned the land the neighborhood association was concerned about being taken from the green space.
    Mitch Moore, 1210 W. Broadway, explained that he lives across the street from the site. He said there are two letters he felt should be attached to the plan; one from William Powell to the Neighborhood Association dated September 20, 1999, and the other from the Johnson Companies dated October 7, 1999. Mr. Moore reported the developers agreed not to have a solid fence on Broadway -- which was important to him.
    Mr. Londeree asked if Public Works agreeing to study the issue could be made a part of the ordinance. Mr. Janku said a separate motion could be made at the end of the meeting.
    Mr. Boeckmann said these things could obviously be made a part of the plan, but he did not think everyone was clear as to what information is contained in the letters. He said there may or may not be things that are enforceable. Mr. Boeckmann reiterated his feelings about attaching the letters as part of the plan not being a good idea.
    Mr. Beck said there really needs to be a staff review of what is contained in the letters. He said there could be issues dealing with public rights of way where there may be a conflict later on when there is a public hearing and the rest of the community may not have had the opportunity to be heard on it. If it affects public infrastructure, he said that could be a problem.
    Carol Denninghoff, 609 Spring Valley, said the neighbor's approval of the plan was contingent upon the items in the letter being part of the agreement. She could not be in favor of the proposal unless she is assured those things will be done. Ms. Denninghoff commented her support was based on what she was told would happen.
    Mr. Campbell related the Council is interested in getting this matter straightened out to be in everyone's best interest. He asked if there was any reason why this request could not be tabled to ensure everything in the letters is included on the plan. Mr. Rogers said he was told by the staff that they did not need to do anything else. He said they are on a tight time schedule, and although two weeks was not a deal breaker, it would be very close. He felt that everyone was in agreement.
    Mr. Janku asked with what things everyone was in agreement. Mr. Rogers said they have made certain commitments that they will have certain types of additional landscaping and that they will not put a solid fence along Broadway. He stated these are additions to the design parameters. Mr. Janku asked if there was some way of putting them on the plan rather than by an attachment process. Mr. Rogers felt a notation could be put on the plan relating to the commitments made in the three letters. He said they would pay to have them recorded.
    Mr. Patterson said staff would be more appreciative if the changes are stipulated in the plan or ordinance itself because when they start referring to letters, there have been problems about certain conditions of planned units not getting enforced.
    Mr. Hancock reported the Planning and Zoning Commission recommended approval subject to conditions spelled out in Mr. Powell's letter of September 20, 1999. He said staff encouraged the preparer of the plan to include those changes on the plan so they would not have letters. He read the note which said this drawing reflects the conditions for approval established at the Planning and Zoning meeting on September 23, 1999. He said there is a penciled addition to the notes which refers to wall signage. Mr. Hancock explained the letter stated that the plan provides only for free standing signs in the form of a monument sign not to exceed ten feet in height and 48 square feet in sign surface. It went on to say that by this letter, they would assure that the monument sign would not be in excess of six feet and would not have a sign surface of more than 20 square feet. He pointed out that the note on the plan still reads the monument sign shall have a maximum area of 48 square feet and a maximum height of ten feet. Mr. Hancock commented the opportunity to include those conditions on the plan was not fully taken advantage of.
    Mr. Campbell felt the staff, the attorneys, and the parties involved needed to get together and make sure the plan is worded clearly and is understandable to everyone. He did not think they should try to do it this evening. Mayor Hindman agreed and felt that the Council had pretty much expressed the intention to approve it when it is procedurally correct.
    Mr. Moore noted that the neighbors had come out for several meetings and had been asked to do a lot of work to help with the approval of the plan. He asked if it would be necessary for everyone to come to the next meeting. Mr. Campbell said there would be no need for them to come back unless they wanted to. Mayor Hindman noted the public hearing will be continued, but residents know what has been said and he saw no reason for them to come back. Mr. Moore said they did not have a problem with how everything was included, on or off the plan, because they intend to do everything they said they would do. He did not want to inconvenience the neighbors any more than was necessary.
    Mr. Yronwode found it disturbing for the issue to be tabled when residents thought everything had been straightened out. He wanted the staff instructed to amend the process so similar problems will not arise in the future.
    Mr. Janku explained they are trying to follow a procedure. He said letters and late misrepresentations have been made in other cases, with the result being complaints about the lack of enforcement. He said they are trying to be very clear.
    Mr. Campbell made the motion that B351-99 be tabled to the November 1, 1999, meeting. The motion was seconded by Mr. John and approved by voice vote.

B357-99     Establishing Historic Preservation Overlay Zoning District and "Landmark" designation on property
                   located at 823 and 825 East Broadway.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this is the first request under the new overlay district designation for historic landmark status. He noted that the building had been constructed in 1888. He stated that the Historic Preservation Commission recommended approval to the Planning and Zoning Commission, who had also recommended approval to the City Council. Mr. Beck related that staff also supports approval of the designation.
    Mayor Hindman opened the public hearing.
    Debbie Sheals, member of the Historic Preservation Commission, said this is a matter of recognition of a fine rehabilitation project and enactment of long term protection at the owner's request. She pointed out the importance of this resource for the downtown area. She reported the business started out as the Miller Shoe Store in 1888, and has been the Tucker Jewelry Store since 1996. She could not say enough about the project and added that she hopes it becomes a model for other downtown businesses considering rehabilitation efforts.
    Cindy Miller Mustard, 600 S. Greenwood, congratulated Mr. Tucker on the preservation he has done. She explained that the building had been her grandfather's. Ms. Mustard was honored that this is the first building to be recognized in this capacity and was hopeful many more would follow in the downtown area.
    Mayor Hindman closed the public hearing.
    B357-99 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

(A)     Possible modifications to the FY2000 HUD Action Plan.
    tem A was read by the Clerk.
    Mr. Beck explained that the Council requested that staff review the CDBG allocation to determine if additional funding might be available for the Enterlight Ministries ($17,500) and the Salvation Army ($70,000). He and Mr. Hancock had looked at accounts that had not been spent down and could possibly be reallocated for this purpose. Mr. Beck noted the Enterlight Ministries request was for counseling for low income housing, and staff is suggesting that it be taken from another housing account.
    Mayor Hindman opened the public hearing.
    Reverend William Young, President of Columbia Enterlight Ministries, thanked the Council for the work they have done in dealing with their request. He questioned the total being recommended. If approved, Mr. Beck said the total amount would be $20,000.
    Becca Jewell, 3001 S. Providence, Director of Development for the Salvation Army, thanked the Council for their consideration. She said the Salvation Army appreciates the commitment made by the Council for the very low income people of Columbia. She also reported that they have raised $630,000, which represents one year of fund raising. Ms. Jewell explained that they plan to break ground on their project in March of 2000.
    Mayor Hindman closed the public hearing.
    Mr. Janku noted that one of the suggested changes is to allocate monies for some road improvements outside the normal CDBG area which could be funded by some other means. He preferred that they keep the balance somewhat higher in the rental rehab recovery fund so they can develop some new programs to help with housing rehabilitation in the central city. He said they had not decided what the programs might be, but he would like to have the funds available in a sufficient manner so as to make a serious impact. Since the City can fund the other project out of different sources of revenue, and probably cannot use those revenues to address the housing program, he would like to keep the money in the housing budget. Mr. Janku's proposal is to pay $21,000 out of CDBG funds to undertake a street improvement on Brown Station Road near the COLT railroad track, which could be funded out of either the Water and Light Department or the annual streets program. He would like to keep those funds in CDBG and have them go to the Salvation Army program which will free up the $21,000 that is otherwise coming out of the rental rehabilitation fund.
    Mr. Janku made the motion that the changes to the Summary of Planned Expenditures, FY 2000 Action Plan be made per his proposal. The motion was seconded by Ms. Crayton.
    Mr. Campbell asked if the funds are available to do what Mr. Janku is suggesting. Mr. Beck said the rehabilitation railroad crossing project was being proposed to come out of CDBG money from the annual streets and sidewalk program under CDBG.
    Mr. Janku's understanding was that the railroad project could be funded out of the railroad account or the annual street budget where a certain amount of money is set aside each year for designated projects. He said that amount is $21,000.
    Mr. Beck commented whatever agencies are funded, the City must get an assurance that these funds will be spent down timely. He noted the Salvation Army plans to begin construction on their new facility next spring, which would be timely, but there are agencies that do not spend their funds timely and that creates a problem for the staff working with HUD.
    Mr. Hancock said R195-99 for the Brown Station Railroad Crossing is to amend an existing Action Plan - taking money from previously allocated monies (previous monies that have been through the public hearing process), and move it into a new project. If the Council wants to proceed in that manner, R195-99 would have to be defeated. Mr. Hancock stated the rental rehabilitation program income would be actually $52,500, minus $21,819, and then existing CDBG money from annual streets would be put into FY2000 as a resource for Enterlight Ministries and the Salvation Army. Mr. Janku agreed.
    Mr. Campbell asked about the demand for rental rehabilitation and what should be maintained in it, or whether it even needs funding. Mr. Hancock said the City has not had a rental rehabilitation program since 1995. He explained the City has received more than $100,000 over the years in pay backs. He said there has not been much demand for such and funds had been expended somewhere in the neighborhood of $15,000. Mr. Hancock remarked if they did something like a "fix up" (exterior paint, etc.), then it could be spread out. He said nobody has come to his office saying that they need the rental rehab program. Mr. Campbell noted then they are asking to keep a fund going for which there is very little demand. Until staff goes out into the First Ward to determine what kind of interest there actually is, Mr. Hancock indicated he did not know what to expect. If the $21,000 is taken out, Mr. Campbell asked how much would be left in the fund for First Ward needs. Mr. Hancock believed there is $90,000 in it presently, with the proposal to take out $52,500. Mr. Campbell observed that would only leave $40,000. He felt Mr. Janku's point was well made.
    The motion to make changes to the Summary of Planned Expenditures, FY 2000 Action Plan, made by Mr. Janku, seconded by Ms. Crayton, was approved unanimously by voice vote.
    Mr. Campbell made the motion that staff be directed to prepare an ordinance transferring funds from rental rehabilitation program income to the CDBG fund. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
R201-99     Approving the FY 2000 HOME Program Consolidated and Action Plans.
    The resolution was read by the Clerk.
    Mr. Beck commented that this has been a lengthy process and Mr. Hancock has been coordinating the effort.
    Mr. Hancock explained that this document is prepared every five years and is a plan for spending federal funds received in the areas of housing, which is a requirement of HUD. He said the Council had been provided with copies of both Plans along with a summary. Mr. Hancock said staff has been working on this plan since spring when they formed a stakeholders committee. He explained the committee is comprised of people in the housing and social service business, particularly homeless providers. Mr. Hancock reported there will be a 30 day comment period after receiving Council approval, then the plan will be sent to HUD along with the Action Plan. He reported that HUD recently told staff that one of the appendix (analysis of impediments to fair housing) needs to be included. He noted some of the population and employment numbers need to be updated. Mr. Hancock indicated they would make that change before sending the plan, and they also plan to make a change to the section that refers to the condition of housing and the estimates of overcrowding and housing problems in substandard units.
    Mr. Hancock noted this document has been at the Library, on the City's Internet site, and staff advertised its availability on August 31, 1999. He said they have made a lot of changes per suggestions made to them. He said they would submit any other comments received in the 30 day comment period to HUD. Mr. Hancock reported the programs they have implemented in the past few years have gone a long way toward addressing the housing needs in Columbia, but there is more to do.
    Mr. Janku said based on what he has seen and read, he felt there has been some really positive communication between the various groups, particularly with the Housing Authority regarding alternatives to utilize some of their excess capacity.
    Mayor Hindman opened the public hearing.
    Becca Jewell, Co-Chair of the Low Income Housing and Basic Needs Committee for the Health Report Card and member of the Boone County Homeless Coalition, noted that they had been working with the Planning Department on this document. She complimented the department for going the extra mile to receive their input.
    Mayor Hindman closed the public hearing.
    The vote on R201-99 was recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

B355-99     Voluntary annexation of property located on the south side of Vawter School Road, between Scott
                   Boulevard and Old Mill Creek Road.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that the plan for this 10 acre tract of ground is a residential development, containing possibly two lots. Staff recommends approval of the request.
    Larry Harper, 3500 Vawter School Road, co-owner of the property, said he had found himself recently in the position of having to sell the property. He explained that they subdivided the ten acres into a four acre tract and a six acre tract. He said the six acre tract can be divided into two, three acre tracts according to the covenants on the original deed. In order to subdivide the six acres, Mr. Harper said they would have to have access to it. He said they had asked for a variance to that regulation, but had been turned down. He said if Vawter School Road is taken into the City, it would be an extension of Nifong - which is a limited access road. Mr. Harper found himself in a catch 22 position. He said they already have an agreement to sell their home and four acres, but would be without access to the six acre tract. Mr. Harper understood the approval of the subdivision plat and the variance were separate issues, but believed both issues should be heard at the same time.
    Mr. John suggested tabling the issue until the next meeting and discussing it when the Council discusses the replat. Mr. Harper was agreeable.
    Mayor Hindman made the motion that B355-99 be tabled to the November 1, 1999, meeting. The motion was seconded by Mr. John and approved unanimously by voice vote.

B356-99     Voluntary annexation of property located on the west side of Bearfield Road, approximately 500 feet
                   south of Nifong Boulevard.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this 35 acre tract is located in southeast Columbia. He said City utilities are needed for a residential development.
    John Blakemore, 4807 Bearfield Road, President of the Clear Creek Neighborhood Association, spoke in opposition of Bearfield Meadows. The development plat, as proposed, is entirely too dense for the area. He said the infrastructure cannot handle it. Mr. Blakemore explained that the developer is planning 158 homes on 36 acres. He noted that the property is currently zoned A-2 in the County, which means a 2 ½ acre minimum. Mr. Blakemore said that is much more in keeping with the developmental integrity of this property. He remarked the residents are not expecting that, but said there is a huge difference between that and 158 homes. He said while the developer may have met the technical and legal confirmation of the ordinances, that did not mean his proposed platting is right. He did not believe the property should be annexed. Mr. Blakemore noted that annexation and land planning in this particular area has been done with PUD's, and he thought it probably should continue that way. He asked that the issue be tabled so that the annexation and platting could be heard at the same time. Mr. Blakemore reported the property owner has not sought neighborhood input.
    Mr. Patterson indicated the City did receive the preliminary plat and there are obviously staff concerns about it. He knew of no reason why the two processes could not be handled at the same time, unless the developer chose not to. Mrs. Crockett pointed out that the Council had already turned down an annexation application on this tract once before.
    Mr. Janku said the site preparation that has already taken place would clearly be in violation of City ordinances when and if the property is annexed into the City. Mr. Patterson said his department received a complaint about the clearing that is occurring without erosion control and sediment basins. He reported an inspector was sent out to investigate, but because this tract is located outside the City, we have no jurisdiction. Technically, if annexed this evening, Mr. Patterson said enforcement procedures would have to begin on the site because of the grading that is occurring without erosion protection and lack of permits. He related that the grading would be prevented until a permit was obtained, and erosion control devices would have to be in place for any disturbed area of that size.
    Mayor Hindman asked if the work that has been done on the site would have been in violation of City ordinances. Mr. Patterson said it would have been without a permit. The permit would have required a storm management plan, erosion control, on-site sediment containment, and all of the things required as part of the land disturbance permit process.
    Mr. Boeckmann pointed out that the City would lose a great deal of flexibility when annexation occurs. He said if someone comes in with a plat that complies with the City's subdivision regulations in terms of density, the Council would not have many options.
    Mr. Coffman wished the City could get some sort of plan for this area that transitions toward the Rock Bridge State Park.
    Mr. Janku said he did not think this was necessarily a density issue. Mr. Campbell said another issue was road access. Because the issues related to urban sprawl and the need for higher density development has been discussed, Mr. Campbell said they need to examine the 4.5 per acre density with great care.
    Mr. Janku asked about approving a plat without the annexation being in place. Mr. Hancock said the issue could be tabled at the Planning and Zoning meeting. Mr. John remarked the Commission often makes recommendations pending approval, but no final approvals are done by the City Council until everything is in place.
    Mr. Campbell made the motion that B356-99 be tabled to the November 15, 1999, meeting. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.

B358-99     Amending Chapter 14 of the Code to establish all-way stop signs at the intersection of Forum
                   Boulevard and Southampton Drive.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that his office has received many calls regarding this intersection, and he was sure that Mr. John had also heard from many residents of the area. He explained that Mr. John had asked that the issue be studied again after the opening of the pool facility. Mr. Beck related that staff is in support of the recommendation.
    J. C. Headley, 5009 Cullen Court, spoke against an all-way stop. Based upon his use of the intersection, he and his wife did not feel it was warranted. He agreed that the swim facility does generate more traffic; however, he pointed out that this operation is closed from Labor Day until Memorial Day. In addition, he understood the developers were working on the parking issues related to the swim facility. Mr. Headley indicated he was also concerned about slick streets in the winter with cars having to stop at the top of a steep hill, both from the north and the south.
    Mr. John thanked the staff for their work on this issue and observed the traffic studies had been performed last October, and on August 2 and 3 of this year. He said those studies showed quite a bit of increase in traffic. He also noted that Southampton is being pushed through to Sinclair, which will make it more of a thoroughfare. He also believed in the next year or two that Forum was scheduled to be extended. Mr. John felt it was time to get the intersection controlled. He noted that it seems every time he uses the intersection it seems that somebody, either on Forum or Southampton, is unaware of who should be stopping. Mr. John stated some people on Forum think they are supposed to stop, and then the people on Southampton end up not knowing whether or not they are supposed to go. He also sees drivers on Southampton running the stop sign because it is the flat street through the intersection. Mr. John realized the Wilson facility is closed for the winter, but believed the traffic is only going to continue to grow, and by spring time, the stop sign would be needed anyway.
    Mr. Campbell said he had received calls regarding the slope on the street and the difficulty of being able to get stopped and started at the top of the hill. However, he said Mr. John's comment concerning the increase in future traffic is well taken, and for that reason, he could support it.
    B358-99 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B363-99     Confirming the contract of Emery Sapp and Sons, Inc. for the North Parklawn Court drainage
                   improvement project.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that seven bids had been received with the low bid from Emery Sapp and Sons being recommended. The total amount is $99,393.00, which will be paid from storm water utility funds.
    Mr. Janku commented that staff had done a great job working with the neighbors in the area.
    B363-99 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B364-99     Confirming the contract of Sterling Excavation and Erection, Inc. for construction of the B-16 Outfall
                   Relief Sewer, B-17 Interceptor Sewer and the Bear Creek Outfall Sewer.
    The bill was given second reading by the Clerk.
    Mr. Beck pointed out that ten bids were received on this project with the low bid from Sterling Excavation being recommended in the amount of $1,187,345.00. The funding will come from the sewer utility fund account.
    B364-99 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B366-99     Authorizing a right of use permit and agreement with First National Bank and Trust Company.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that the Council had a public work session some time ago on a proposal submitted by the Bank. He said several concerns had been expressed by the Council at that time. Since that time, Mr. Beck understood that most, if not all, of those concerns have been met. He said this permit would allow the bank to reconfigure an area north of the Bank in the alley area. The existing configuration in the area was based on a previous agreement with the Council. Mr. Beck reported this agreement would modify that proposal, and it includes quite a bit of landscaping. He said barrier arms are to be placed across the alley during banking hours only. The bank would be paying the City $100 a month for use of the alley way. Mr. Beck indicated there were also proposed improvements on Broadway that encroach in the right of way which was reviewed by the Council earlier. That plan has been modified substantially, but he said there would be some landscaping in the right of way alignment of Broadway.
    Bruce Beckett, attorney for the Bank, reported First National Bank has been working on this plan for almost two years, and they have attempted to address the concerns of the City staff and the Council. He said this will be a very significant enhancement to the area around the Bank and a very expensive investment for them. He explained the concerns that had been voiced earlier and how they have dealt with them. Mr. Beckett said this would benefit their neighbors because it would provide a loading zone, it would benefit the Bank, and significantly enhance the appearance to the City, which would be for the benefit of the public.
    Mr. Coffman thanked First National Bank for working with the City over these many months.
    Mr. Campbell said all of the additions that will be made on Broadway would indeed enhance the landscaping in the area. He complimented the Bank on the considerable amount of resources they are putting into enhancing not only their own establishment, but the entire Broadway/downtown area.
    Mr. Janku thanked the Bank for their willingness to go through the process of involving the City and the Downtown Association.
    B366-99 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

    Because the Council tabled the rezoning request on the northeast corner of West Broadway, Mr. Janku asked if they should remove B352-99 from the Consent Agenda. It was decided it should be tabled to the next meeting.
    Mr. Janku made the motion that B352-99 be tabled to the November 1, 1999, meeting. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.

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

B353-99     Approving the final plat of Green Meadows East, Plat 1; authorizing a performance contract.
B354-99     Approving the final plat of Angelo's Subdivision; authorizing a performance contract.
B359-99     Authorizing the acquisition of easements necessary to construct the Cow Branch pump station and force
                   main, Cow Branch outfall sewer and CB-4 and CB-5 trunk sewers.
B360-99     Calling for bids on the installation of traffic signals at the intersection of Nifong Boulevard and Forum
B361-99     Accepting various easements for sewer and street purposes.
B362-99     Approving the engineer's final report for the Current Road and Scott Boulevard safety project.
B365-99     Accepting easements for utility purposes.
R195-99     Setting a public hearing: amendment to the FY 1999 HUD Action Plan, Brown Station Road Railroad
R196-99     Authorizing an agreement with the Columbia Online Information Network to make Internet service
                   available to Columbia residents.
R197-99     Authorizing a lease agreement with Uptergrove Automotive, Inc. for property located at 1524 Business
                   Loop 70 East.
R198-99     Renewing an agreement with the Missouri Department of Health for the family planning program.
R199-99     Renewing an agreement with the Missouri Department of Health for the maternal child health program.
R200-99     Authorizing a Memorandum of Understanding with The University of Missouri School of Law Center
                   for the Study of Dispute Resolution.

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

R202-99     Authorizing an agreement with the Columbia Housing Authority to provide CDBG funds for installation
                   of a fire suppression system at Paquin Towers.
    The resolution was read by the Clerk.
    Mr. Beck explained that in 1998 the City allocated $30,000 for the Columbia Housing Authority to hire an architectural engineering firm to study installation of a fire suppression system for Paquin Towers. He said this would authorize a formal agreement with the Housing Authority to proceed.
    The vote on R202-99 was recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R203-99     Authorizing an agreement with Jeffrey E. Smith regarding HOME funding for Hanover Gardens
                   affordable housing project.
    The resolution was read by the Clerk.
    Mr. Beck noted that the City had been working with Mr. Smith on a two phase operation off of Route PP. He said this is another phase of the plan and it would allocate $225,000 in the form of a low interest loan for affordable housing. He explained that it is a one per cent loan over a thirty year period. Mr. Beck noted HUD representatives have looked at the development occurring there presently, and he heard their remarks had been very complimentary.
    Mrs. Crockett said the residents who live in the area are very appreciative of the development. She was hopeful bus service will be available in the area before much longer.
    Mr. Janku agreed with Mrs. Crockett and pointed out that this would guarantee affordable housing for 20 years. In the next 20 years, he said it would be more of the core area in terms of employment opportunities. Mr. Janku also expressed an interest in working on more recreational opportunities adjacent to the property. He said the nearest park is quite some distance away. Mr. Janku suggested that the City could partner with the developer to come up with a park plan for the area.
    The vote on R203-99 was recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R204-99     Authorizing an agreement with First Night Columbia, Inc. for support of the New Year's Eve
    The resolution was read by the Clerk.
    Mr. Beck said the group was working very hard in preparation of this year's celebration. He said funding was discussed and allocated at budget time and this would formalize the agreement.
    The vote on R204-99 was recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R205-99     Authorizing the City Manager to execute child care vendor contracts upon recommendation of the
                   Office of Community Services.
    The resolution was read by the Clerk.
    Mr. Beck said this program has been worked out in an effort to assist the Welfare to Work Program being implemented in the City. He said various agencies have been involved in the process, including the REDI Corporation and the social service agencies that Mr. Steinhaus has been working with. He said this would allow the City Manager to sign off on smaller programs to allow individual families to receive child care support in the amount of $25 to $50 per child, per week.
    Mr. Steinhaus explained that in the past, the child care vendor contracts have been brought directly to the Council. He said there is generally a pool of about 14 providers that have been renewed on an annual basis. Mr. Steinhaus reported there have been changes made to the system because there are significant state monies for those who meet the federal and state guidelines for child care, but once they get one dollar more than their eligibility, it is like taking a 30% reduction in pay if they have to pay their full child care. He said this would provide transitional subsidies to these families. Mr. Steinhaus explained they wanted to avoid having to force eligible families into a selected pot of child care providers. With this legislation if a client is using a child care center that the City currently does not have a vendor contract with, his office can take the vendor contract to Mr. Beck for his signature rather than waiting two weeks to bring it to the Council each time.
    Mr. Campbell spoke in full support of the program and noted the Council has never questioned or changed any of the contracts when they have come before them in the past. He thought it would be helpful to speed up the process.
    The vote on R205-99 was recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R206-99     Determining that the elevation plan and artist's rendering of the Walgreen's Store is consistent with the
                   development plan of Village Square.
    The resolution was read by the Clerk.
    Mr. Beck explained when this plan was originally approved by the Council, there was a provision for further approval of the elevation and architect's plan before permits could be issued. He said this would provide that approval.
    Craig VanMatre, an attorney with offices at 1103 E. Broadway, said the letter attached to the ordinance which adopted the rezoning request for this development was his letter. The letter had outlined the Council could consider one of two ways of granting approval; either by bringing the plan back to the Council, or assign it to Planning and Zoning or Public Works for their concurrence that, in fact, the plans are consistent with the design approved by the Council at the time the ordinance was enacted. He said while the letter was attached and approved as part of the ordinance, direction was not given to the staff as to which of the two methods was preferred by Council. Mr. VanMatre asked that the Council approve the designs as being consistent. For the future, because there will be at least nine other buildings in this development, he asked that the task of deciding the consistency of the architectural design be assigned to some division or department within the City.
    Mr. John said he looked at the plan and the sketches and felt they matched fairly closely. He could not say this has changed his opinion about the appropriateness of the development at this particular location.
    The vote on R206-99 was recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. 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:

B367-99     Amending Chapter 14 of the Code as it relates to off-street parking facilities.
B368-99     Authorizing a project cooperation agreement with the U.S. Army Corps of Engineers for the Hinkson
                   Creek Stabilization Project and appropriating funds.
B369-99     Accepting solid waste grants from the Missouri Department of natural Resources and the
                   Mid-Missouri Solid Waste District and appropriating funds.
B370-99     Authorizing a supplement to the agreement with the Missouri Highway and Transportation Commission
                   in connection with the Bear Creek Trail Project, Phase III.
B371-99     Authorizing a municipal agreement with the Missouri Highway and Transportation Commission for the
                   proposed round-about at the intersection of Creasy Springs Road; Business Loop 70 West and exit
                   ramps to I-70.
B372-99     Authorizing the acquisition of easements for the West Ash Street sidewalk project.
B373-99     Confirming the contract of Twehous Excavating Company, Inc. for the construction of the Worley and
                   Again Street West Drainage project.
B374-99     Appropriating funds for the D.A.R.E. program.
B375-99     Establishing permanent R-1 zoning on property located approximately 200 feet west of Scott Boulevard,
                   between the Hamlet and Georgetown Subdivisions.
B376-99     Approving the final plat of Bluff Creek Office Park, Plat 3H; authorizing a performance contract.
B377-99     Approving the final plat of Radio Park Subdivision; granting a variance to the subdivision regulations.
B378-99     Approving the final plat of Hanover Gardens North; authorizing a performance contract.
B379-99     Approving the replat of Lot 90, Country Club Villas III; authorizing a performance contract.
B380-99     Approving a replat of Lot 4 of Country Farms Subdivision; granting a variance to the subdivision
                   regulations; authorizing a performance contract.
B381-99     Rezoning property located on the northeast corner of West Broadway and Silvey Street from R-1 to
B382-99     Vacating a portion of street right-of-way and a utility easement located within Corporate Lake
                   Subdivision, Plat No. 1.
B383-99     Approving a revision to the Missouri Book Services M-R Development Plan.
B384-99     Approving an amendment to the Campus Development Plan of Stephens College to allow for
                   construction of three parking lots.
B385-99     Authorizing a territorial agreement with Public Water Supply District No. 4.
B386-99     Authorizing a fiber optic agreement with Central Electric Power Cooperative.
B387-99     Levying a special tax assessment for weed nuisance at 813 Wilkes Boulevard.
B388-99     Accepting a donation of land for park or nature preserve purposes from Garland Russell, Jr.
B389-99     Confirming the contract of Huebert Builders, Inc. for the renovation of the Police Building.

A)     Potential Sanitary Sewer District - Marion & Medavista Drive.
    Mr. Beck reported that 12 of the 15 residents requested that a district be formed to correct sewer problems in an area developed prior to annexation into the City. He said the next step would be to proceed with a preliminary design and determine the feasibility and the associated cost. Mr. Beck noted that costs for this project would be on a 50/50 basis.
    Mr. Campbell made the motion that staff be directed to proceed. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

B)     Intra-Departmental Transfer of Funds Request.
    Report accepted.

C)     Downtown Sidewalk Issues.
    Mr. Beck commented that he wrote the cover memo that accompanied the report submitted by the Disabilities Commission. He noted that the Council had previously asked that certain locations within the downtown area be examined for maneuverability. Prior to formation of the Disabilities Commission, Mr. Beck said the staff had a liaison working out of the City Manager's Office who worked with the disabled community. He explained this group looked at City public buildings, parks, and sidewalks in the downtown area for compliance with ADA requirements. Since then, the Council appointed Disability Commission has worked on those same issues. Mr. Beck reported a couple of specific areas have been targeted for improvement, and more recently the Commission submitted a report on the parks. He commented this is an update of what had been done previously and the staff is in the process of reviewing this new information. Currently, the Public Works Department has been studying the City's public facilities in the downtown area as it relates to rights of way, i.e., sidewalks, curbs and gutters, etc. Mr. Beck suggested that staff should complete that particular comprehensive survey, while incorporating the report from the Commission. A plan would then be brought to the Council with suggested priorities. Mr. Beck said the proposal was to have a line item in the budget each year, as has been done in past years, to provide for downtown improvements (sidewalks, curbs and gutters, additional tree plantings, etc.).
    Mr. Janku thanked the Commission for their work and said he was supportive of Mr. Beck's proposal. He asked that people contact the City if there are other areas that they feel need improvement. Mr. Janku noted that earlier this year the Council received a report about other necessary downtown improvements. He was hopeful these items could also be incorporated into an action plan for downtown to begin during the next construction season. Mr. Beck agreed and said signage was another issue the City needed to work on.
    Mr. Janku made the motion that staff be directed to prepare a comprehensive report as indicated, and report back to the Council in a timely manner to allow for improvement work to begin during the next construction season. The motion was seconded by Mr. John and approved unanimously by voice vote.

    Upon receiving the majority vote of the Council, the following individuals were appointed to the following Boards and Commissions:

Shanker, Richard A., 602 S. William, Ward 6 - term to expire 5/16/01

Robinson, John D., 117 Meadow Lane, Ward 1 - term to expire 7/31/00

Baldwin, James W., Jr., 2010 Ivy Way, Ward 4 - term to expire 8/1/01
Pittman, Robert E., 4818 A Santana Circle, Ward 5 - term to expire 8/1/01

Collins, Nan C., 1201 Paquin, Ward 1 - term to expire 6/1/00

Hatfield, Don A., 2505 W. Black Oak, Ward 5 - term to expire 8/31/01
Rogers, Candida, 606 Seymour Road, Ward 4 - term to expire 8/31/01

Armistead, Kathleen E., 2513 Spruce, Ward 3 - term to expire 10/31/02
Kibitlewski, Joseph L., 3505 Bray, Ward 4 - term to expire 10/31/02

    Mr. Janku believed the Parks and Recreation staff had spoken to the developer of Hanover Gardens about some sort of park area adjacent to that development. If that is not the case, he requested that staff explore the possibility as there seems to be a tract of land that could be used for such purposes.
    Mr. Janku commented that some members of the Council had attended the MODOT meeting regarding the I-70/U.S. 63 Interchange. He believed that improvements at this intersection will have the most significant impact to the community in recent years (referring to when the plan is brought forward). He wanted to be assured that the City will have the most pro-active approach possible in assisting with the decision making process. Mr. Janku felt the City had been constrained in the decision make process with regards to the Route AC project. He said other communities have gone to Washington and lobbied for federal funding to assist in transportation problems. Mr. Janku was concerned about ending up with a low cost approach that will not serve the community. He asked that the staff think about this situation and report back to the Council as to what could be done and when.
    Mr. Beck reported that currently, a consulting firm and some individuals from staff are reviewing the alternatives. He said Mr. Hancock serves on the I-70 Committee and he believed the Council could be briefed on the alternatives if so desired. He commented the REDI board will be briefed on the situation.
    Mr. Janku indicated some individuals have told him that they avoid Columbia because of problems with the I-70/U.S. 63 interchange, and he has heard reports that it is affecting sales tax revenues. He believed the impact will only get worse.
    Mr. Hancock related that staff will submit a report to the Council as to where the consultants and the Highway department are at in regards to reviewing alternatives. He indicated staff could include their thoughts on the alternatives as well. Mr. Hancock stated he could ask the State and the consultants if there was more they would like to do with the Council and the Manager's Office in terms of a special meeting.
    Mr. Campbell asked what kind of time line is involved. Mr. Hancock thought MODOT wanted to have the study done by early 2000.
    Mr. Janku asked if Mr. Hancock knew to what extent they would bring back recommendations based upon fiscal constraints. His concern is that they will come back with something inadequate because of funding. Mr. Hancock suspected the consultants would come up with both short and long term recommendations, and it would be left up to the Highway Department to budget for them.
    Waldo Palmer, 414 Alexander, presented Ms. Crayton with a framed article about herself in appreciation for all of the work she has done for the First Ward. He indicated that he made the walnut frame himself.
    Craig VanMatre, an attorney with offices at 1103 E. Broadway, spoke again about the Village Square development. He asked if the Council would be reviewing all of the building elevations for architectural consistency.
    Mr. Boeckmann explained what had been attached to the original document, and indicated if the Council gave a directive, an amendment could be prepared to the legislation. Mayor Hindman felt an architectural review board was the way to go. He suggested that an ordinance be prepared so they could form a review board. Mr. Campbell thought the Council had done that several months ago. In the meantime, they agreed that all architectural plans and building elevations should be brought back to the Council for final approval.
    Henry Lane, 1816 E. Broadway, Treasurer of Citizens for Lower Taxes, announced that there will be a debate on KFRU on Wednesday, October 20, from 9:00 to 10:00 a.m. relating to ballot issue items. He thanked the Mayor for agreeing to participate.
    The meeting adjourned at 9:30 p.m.

                                                                                        Respectfully submitted,

                                                                                        Penny St. Romaine
                                                                                        City Clerk