M I N U T E S
 CITY COUNCIL MEETING - COLUMBIA, MISSOURI
 OCTOBER 7, 1996

INTRODUCTORY
    The City Council of the City of Columbia, Missouri, met for a regular meeting at 7:00 p.m., on Monday, October 7, 1996, in the Council Chamber of the City of Columbia, Missouri.  The roll was taken with the following results:  Council Members KRUSE, HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, and CAMPBELL  were present.  The Acting City Manager, City Counselor, City Clerk, and various Departments Heads were also present.

APPROVAL OF MINUTES
    The minutes of the regular meeting of September 16, 1996, were approved unanimously by voice vote on a motion made by Ms. Coble and a second by Mr. Campbell.

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Having voted against it previously, Mr. Janku made the motion to reconsider Rosecliff Gardens, Plat 2, as well as the vacation of excess right of way for part of Garden Drive.  The motion was seconded by Mr. Harline and approved unanimously by voice vote.
    B319-96 and B320-96 would be added under Introduction and First Reading.
    Mr. Janku added Report F, under Reports and Petitions, regarding sidewalks on Route 763.
    Upon her request, Mr. Campbell made the motion to allow Mrs. Crockett to abstain from voting on B284-96 and B298-96.  The motion was seconded by Mr. Kruse 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 Ms. Coble and a second by Mr. Campbell.

SPECIAL ITEMS
    None.

SCHEDULED PUBLIC COMMENTS
    None.

PUBLIC HEARINGS
B261-96A     AMENDING CH. 29 RE: REZONING NOTIFICATION FOR TENANTS.
    The bill was read by the Clerk.
    The Acting City Manager noted than an amendment sheet had been prepared.
    Mr. Campbell said the proposed amendment would add the sentence, that the petition shall also list, when such information is reasonably available, the addresses of all residents, including apartments and manufactured homes, within lines drawn parallel to and 185 feet from the boundaries of the land proposed to be rezoned.
    Mr. Campbell made the motion to amend B261-96A per the amendment sheet.  The motion was seconded by Mr. Harline and approved unanimously by voice vote.
    Mayor Hindman opened the public hearing.
    Kas Carlson, 1110 Willowcreek, asked if the notices would be addressed to a particular person.  Mr. Campbell said they would just be addressed "resident" or "occupant".   Mr. Carlson said a lot of landlords hold to confidentiality on the names of their renters.  Mr. Carlson said this would empower the opinion of the renters whereas before only the owners were empowered.  Mr. Campbell said this would simply give the renters the same rights as owners although they have always had the opportunity to speak.  Mr. Carlson said it was just last month they fenced in rental units because we didn't like the way they looked in some areas.  He said one month we have to fence them in and the next month they were giving renters their opinion on issues around them and how they were being rezoned.
    Mr. Harline said his reason for voting in favor of the fencing was that people on both sides of that fence have reasons for not wanting to be next to an arterial street without some kind of barrier between them and the noise.  In this case, he said all they were saying was that it would help the democratic process to provide notice to people who live within 185 feet of a proposed rezoning.  He said they were talking about preservation of neighborhood issues and some times tenants have a vital stake in their neighborhood despite the fact that they don't necessarily own a house in that area.
    Mr. Carlson said he just wondered how far this would be taken.  He asked if maybe they should carry it to the people that drive within so many feet of it to work every day because they would have to look at it.
    Mr. Kruse asked if Mr. Carlson was speaking in opposition to the amendment as well.  Mr. Carlson said he was.
    Steve Wendling, 3703 Watts Drive, said he was responsible for management of and ownership of rental property.  He said that tenants do have a lot of rights and that they could read the newspaper as well as anyone else.  He said he was against the ordinance.
    Mr. Kruse asked Mr. Wendling if he was in support of the current policy which requires notification of property owners within 185 feet.  Mr. Wendling said he was.  He said with this he felt they were opening up a logistics nightmare.  He wasn't against anyone giving their opinion.
    Mayor Hindman closed the public hearing.
    Mr. Campbell felt that the amendment, adding reasonably available, would relieve some of the legal and other problems that were raised last time.
    Mr. Kruse asked who and how they would determine if it was reasonably available or not.
    Mr. Janku said he saw the language as being close to the phrase "reasonably distributed" which they have had problems with.  He said that was supposed to be flexible and workable and it had turned out to be the exact opposite.
    Mr. Hancock said the amendments to paragraph four would put the burden on the applicant to provide the information.  He said any omissions or delays could hold up the application.  He said about the only source for information would be the Polk City Directory, and if people list it as having been their source they would check it as best they could.
    Mrs. Crockett asked how old the information was in the City Directory.  Mr. Hancock said it could be as much as eleven or 12 months old.  He said the names would change, but the addresses wouldn't change as much unless there were additions of rental units or where they were further subdivided into other units.
    Mayor Hindman said he was concerned about this and that he recognized the argument about tenants being regular human beings with ordinary rights that we give to anybody else.  He pointed out that the City does a lot more than just meet due process which is fundamental fairness in our law as it is.  He said there isn't anything required beyond posting the property and probably putting an ad in the paper.  He said as a gesture toward ultra fairness they have been requiring that the applicants bring in the names of all owners within 185 feet of the boundaries.  He said another point for sending notice to the owners was that there tended to be a certain number of absentee owners who will not see the notices because they wouldn't see the newspaper and wouldn't be passing the property.  In the case of tenants, he said there were different problems because there was no standard way of updating tenant lists and it would be difficult to figure out what was within 185 feet of the boundary lines in many cases.  He said most tenants usually reside on the property and they would be capable of seeing the signs and so forth.  He said it wasn't a case of treating tenants as second class citizens.  He thought there was a practical reason to consider the classification.  He suggested a way of remedying this would be to require significantly larger signs than what we use right now.  He said we could require that they be conspicuously posted and even grant the privilege of putting them out on the right of way so that people will see them clearly.  He recommended that the signs be 2 feet by four feet and owned by the City with a distinctive logo.  He said they could put the same thing on the signs that the realtors use like "take one" boxes.  He said the boxes could contain copies of the advertisement run in the newspaper.  He thought that would reach the neighborhood better than anything else we might do.  He was afraid that this ordinance, as amended, would cause trouble.
    Mr. Campbell said he was supportive of larger signs because the signs used now were certainly not readable unless one walks up to them.  Regarding the amendment, he said we do have a list like the Polk City Directory which is updated annually.  He said everyone would have to go by the listing of the addresses regardless of whether they are owner or rental occupied.  He explained that what they were saying here was that people who live at these addresses may change but the addresses would not change.
    Mayor Hindman said he didn't think people would be able to tell what apartments would be within 185 feet.  Mr. Campbell said they would have that same problem the other way.  Mr. Harline said there would be some difficulty when the 185 feet line goes right through the middle of an apartment complex.  Other than that, he said the difficulties would be minor.  He said there was no requirement that signs be put on properties now so that would require a change and some money to come up with signs.  He said they would have to put up multiple signs on properties with more than one street frontage.  He pointed out that they were talking about addresses and not tenant names.  He said the addresses should be readily available.  Mr. Harline also pointed out that they had a year to work out the details.  He said posting the properties with large signs and the "take one" notices would certainly be an improvement.  He saw this as a further step in encouraging people to participate in their government.
    Mr. Janku said he thought this would bring battles before the Council about whether or not things had been reasonably done.  He said it would be a side issue to a rezoning issue.  He noted that neighborhood associations were being notified and said if tenants were active in their group they would get notice.  He said there were different ways tenants were getting information already.
    Mrs. Crockett said they were talking about the rights of renters and asked about the rights of the property owners.  She said the owners were the people who stand to lose or gain by what the renters come down and say before the Council.  She said if any renter at any time wants to speak to the Council they listen to them.  She asked how many people had come to the podium as renters to express their concerns about the way a piece of property was going to be rezoned.  She said she had no problem with the signage being beefed up, but did have a problem with going to the expense of mailing out all of the information.  She said when she receives mail addressed to "occupant" she throws it out.  She said the property owner is the one left with the consequences of the rezoning.
    Mr. Kruse said he thought the same kind of encouragement should be given to people who own property or don't own property to participate in their government.  He said he just wasn't convinced that this was a good strategy to accomplish that.  He thought there would be some administrative problems.  He suggested they think of other strategies like the enhanced signage and then maybe if an eviction was involved the other notification could kick in.  Mr. Kruse said at this point he didn't think he could support it, but thought they shouldn't stop talking about it.  He felt they needed to do a better job of informing all people about these kinds of things.
    Mr. Campbell agreed with Mr. Kruse, but he was fearful that they would talk this one to death and nothing else would happen.  He said then they would have another mini crisis come up and bring it back up again.
    Mayor Hindman said he was ready to ask the staff to prepare an ordinance for increased signage with a "take one" box attached and some requirements for a more visible display.
    Mr. Kruse said he thought if someone was going to lose their home whether they are renting or buying there was a special situation there.
    Mr. Campbell said that would be very difficult.  He said he could support the other points, but not to try to define when a person would be likely to lose their home as a result.  Someone brought up the tenants on the property to be rezoned.  Mayor Hindman said they may be able to design something around that as opposed to 185 feet.
    Mr. Campbell made the motion that B261-96A, as amended, be tabled and that a substitute motion be prepared that would address the questions that have been raised.  The motion was seconded by Mr. Harline and approved by voice vote.

B284-96     APPROVING "THE CATTAILS" PUD SITE PLAN AND REDESIGNATING THE   PROPERTY
                    PUD-5.
    The bill was read by the Clerk.
    Mr. Sanford explained that this ordinance would rezone from R-1 PUD to PUD-5 a 3.85 acre tract at the corner of Forum and Canterbury.  He noted that it had been tabled from the last meeting.
    Mayor Hindman opened the public hearing.
    Tom Schneider, an attorney with offices at 11 N. Seventh Street, spoke on behalf of the applicants.  He explained that this had been tabled from the last meeting at the request of the Woodrail Homeowners Association.  He said they had agreed to table and meet with the group.  He said since then the Association Officers had reported back that they have no objections to the application.  He said the original zoning in 1990 allowed three buildings consisting of four units each, for a total of 12 units.  He said this was a modest increase and they were now requesting four buildings with sixteen units be permitted.  He said the reason was the market.  They felt there was a substantial stock of larger, more expensive condos in the Country Club area; however, he said not everyone needs a large condo like the Villas.  He said not everyone could afford a condo of that size.  He said they felt going to smaller units and focusing on the market of unmarried professionals or widows and widowers who would like to live near the Club would be a much more appropriate market niche.  He said this was a classic example of the planned unit development concept with the property such that by going with PUD it would be much easier to develop and at the same time maintain all of the natural features.  He said there was very dense natural foliage at the north end of the property in excess of 150 mature trees.  He said all of them would be untouched and basically the development would be on the south one-third of the property.  He said the incremental impact of going from three buildings to four buildings would be absolutely negligible.  They felt the new plan offered at least three advantages -- the landscaping incorporated into it is approximately four times that required by ordinance as there will be about 300 new trees, shrubs, and bushes planted in addition to the voluntary landscaping one of the applicants did along Forum Boulevard several years ago; the setbacks of the buildings are better on this plan than what they were on the previous plan; and by targeting a different niche in the market place the applicants feel they can do a better quality development with the additional revenues.
    Mr. Campbell asked to have the previous plan displayed.  He said at the time it had been proposed there had been considerable neighborhood concern expressed by the people living on Canterbury.  He asked if there had been similar concern about this plan.  Mr. Schneider said there had been one speaker at the Planning and Zoning Meeting who resided on Canterbury.  He said there were also two individuals present who reside on Shoreside Drive which he said was not visible from this site.  He said they were basically in opposition and were not members of the Association.
    Mr. Kruse asked Mr. Schneider if he was referring to the pear trees when he mentioned the donated trees.  Mr. Schneider said he was.  Mr. Kruse said he thought the trees were on private property.  Mr. Schneider said that may be correct; he was just saying that was voluntary landscaping that Mr. Wilkerson provided.
    Mr. Harline asked if an agreement had been reached with the neighborhood.  Mr. Schneider said he wasn't sure he would describe it as an agreement.  He said the group had asked to meet with them and they had.  He said the next morning the President of the Association called and said the officers had no opposition to the proposal.
    Mayor Hindman asked if there would be any way to get a sidewalk extension going from the southwesternmost building onto Forum.  He said the way it stands now they would have to go through the parking lot and then down Canterbury to Forum.  Mr. Schneider said he saw no reason why that couldn't be done.
    Mayor Hindman closed the public hearing.
    Mr. Campbell said if ever there was a site that called for a PUD this was it.
    Mr. Kruse asked if these would be condominiums.  Mr. Schneider said they would.
    Mr. Janku agreed with Mr. Campbell.  He said a lot of times they see PUD's that don't dedicate a fair amount of natural area whereas this one has a significant amount of land set aside.  He asked if anything needed to be done with respect to the sidewalk.  Mayor Hindman said he didn't think they had any right to require it.  Mr. Janku noted that it was a PUD.  Mr. Kruse said he wanted to make sure it wouldn't interfere with their landscape plan.  He said he wouldn't want to see what is essentially a front porch of one of the buildings become a sidewalk.  He said it wasn't as though they had a very long way to go to get to the sidewalk on Canterbury which would get them to Forum.  He said if anything it should come out of the parking lot if at all.  Mr. Campbell said they would be doing it for one building only.
    Mayor Hindman asked if they could do it without the City requiring it so it would be up to them as to whether or not they do it.  He said he was just making a suggestion.  Mr. Hancock replied yes.  He said they would take care of it at staff level.
    B284-96 was read with the vote recorded as follows:  VOTING YES:  KRUSE, HARLINE, HINDMAN, COBLE, JANKU, CAMPBELL.  VOTING NO:  NO ONE   ABSTAINING:  CROCKETT.  Bill declared enacted, reading as follows:

B291-96    AUTHORIZING CONSTRUCTION OF THE CART PATHS AT L.A. NICKELL AND   LAKE OF
                   THE WOODS GOLF COURSES.
    The bill was given second reading by the Clerk.
    Mr. Sanford noted that the 1997 budget included $350,000 for this project.  Funding sources include $165,000 from the golf course improvement fund, $80,000 from the recreation service fund, and $105,000 from the designated loan fund.  He said the latter would be paid back over a period of two years from user fees.
    Mr. Harline asked where watered fairways came into these improvements.  Mr. Green said two years ago when they raised the fees they earmarked a portion of the fees to go to this golf course improvement fund.  At that time, he said they had done a survey of golfers and overwhelmingly the number one request was for paved cart paths.  He said this would also allow more golfers to be on the course and in turn would raise more money through the golf course so that watered fairways may come a little earlier.  He said that would probably be a $1 to $1.5 million project.
    Mr. Janku noted that this would be done by bringing in a special piece of equipment.  He asked if it would be to our benefit to own one of these special machines so it could be used in other park projects and street projects.  Mr. Green said he didn't know what the cost would be.
    Mr. Kruse asked if they had decided on concrete versus asphalt because of the cost and the maintenance.  Mr. Green said it was basically because of the maintenance.
    Mayor Hindman opened the public hearing.
    There being no comment, Mayor Hindman closed the public hearing.
    B291-96 was given third reading with the vote recorded as follows:  VOTING YES:  KRUSE, HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B292-96     AUTHORIZING PAYMENT OF DIFFERENTIAL WATER MAIN COSTS FOR A 12-  INCH
                    WATER MAIN TO SERVE HUNTERS GATE, PLAT 2.
    The bill was given second reading by the Clerk.
    Mr. Sanford explained that this was a straight forward issue for a regular water main extension.  The total expenditure would be $23,268.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
  B292-96 was given third reading with the vote recorded as follows:  VOTING YES:  KRUSE, HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B299-96     ESTABLISHING PERMANENT ZONING ON RECENTLY ANNEXED PROPERTY   SOUTH
                    OF WEST BROADWAY.
    The bill was given second reading by the Clerk.
    Mayor Hindman noted that the applicant had requested that this item be tabled to the November 18 meeting.  He said since the public hearing had already been advertised for this evening they would allow anyone wanting to speak the opportunity to do so.
    Mr. Hancock pointed out that they had received a protest petition although it wasn't a valid petition because it didn't reach the 30% threshold.  He said this had been brought in following annexation of the property.  He said the Day's had requested R-3 and R-2, but the Commission failed to make a recommendation to the Council on a 4-4 vote.    Mayor Hindman opened the public hearing.
    Mr. Campbell made the motion that B299-96 be tabled to the November 18, 1996, meeting.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

OLD BUSINESS
B287-96     AUTHORIZING FORCE ACCOUNT LABOR FOR CONSTRUCTION OF THE BEAR   CREEK
                    TRAIL, PHASE 1; AND CALLING FOR BIDS FOR A PEDESTRIAN   BRIDGE FOR THE
                    PROJECT.
    The bill was given second reading by the Clerk.
    Mr. Sanford explained that the bridge portion of this project would be bid out and the remainder of the work would be done using force account labor.  The estimated cost was $117,000 with a little more than half coming from federal funds.
    Mr. Patterson noted that this bill needed to be held because the public hearing would be held at the next meeting and the ordinance authorizing the work would follow the public hearing and public comment.

B289-96     CALLING FOR BIDS FOR THE COATS STREET AND FAIRVIEW AVENUE   STREET
                    IMPROVEMENT PROJECT.
    The bill was given second reading by the Clerk.
    Mr. Sanford noted that the estimated cost was $285,000 with funds coming from CDBG monies and tax bills.
    Mr. Janku said this improvement had been long awaited by this neighborhood and the individual property owners had submitted a petition requesting that the work be done.
    Mayor Hindman thought this was the project where several trees would have to come down as a result of the project.  He was hopeful trees would be planted to replace them.  Mr. Janku said he thought that had been discussed at the public hearing.  He said they generally make tree replacements available.  Mr. Patterson said that was correct.  He said in this particular project there was a 40-foot right of way.  He said they had originally planned to put a sidewalk on one side where they would leave room to preserve some of the existing trees, but it had been decided that a sidewalk was needed on both sides which necessitated the removal of several more trees.  He said when they take trees they typically make it part of the taking and offer to replace or pay for them.  He said if they pay for them in the right of way acquisition they don't compensate twice with replacement of a tree.
    Mayor Hindman asked if the owners were willing to give the space to do it if the sidewalk could be moved in closer to the property so as to go around the trees.  Mr. Patterson said that wouldn't be practical in this situation because the houses are located very close to the street.
    B289-96 was given third reading with the vote recorded as follows:  VOTING YES:  KRUSE, HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B295-96     ESTABLISHING CH. 15 RE: WARRANT COSTS.
    The bill was given second reading by the Clerk.
    Mr. Sanford explained that from time to time the Municipal Court issues arrest warrants for individuals, usually for failure to appear.  For the last ten years he said the fee has been $20 and the proposed change would increase it to $35 with the estimated increase to be about $12,000 annually.
    Mr. Campbell asked if the increase would cover the cost or if it was more of a token increase.  Mr. Sanford said he didn't know, but guessed it would not cover it.  He didn't think they could do the paper work and get it served for $35.  Mr. Boeckmann agreed.  Mr. Campbell asked why they hadn't raised it to what it would cost since these are law breakers that didn't bother to appear.
    Mr. Campbell made the motion that B296-96 be tabled in order for his questions to be addressed.  The motion was seconded by Mr. Janku and approved by voice vote.

B296-96     ESTABLISHING A FUND FOR SMALL BUSINESS LOANS USING CDBG FUNDS.
    The bill was given second reading by the Clerk.
    Mr. Watkins explained that this program had been brought to the Council several months ago, and Mr. Hancock's staff had done an excellent job in negotiating with the HUD folks in getting all of the details worked out.  He said they were prepared to move forward with it.  He pointed out that Tina Sterling, the Loan Officer, was also present to answer any questions.
    Ms. Coble asked Mr. Watkins to detail the structure of this new program.  Mr. Watkins explained that this is a national SBA program for micro loans of less than $25,000.  He said we will establish our own loan board here and we would be able to use Community Development Block Grant money to leverage a sizable amount for a $150,000 loan pool of SBA funds for these small businesses.  In the agreement, he said the loaning administrators have agreed to aggressively market it to minorities which is about as affirmative as they could get in today's environment.
    Mr. Janku understood that the loan funds could be recycled.  He asked how that would occur.  Mr. Watkins explained that as loans are paid off the repayment becomes available again to reloan.
    Mr. Harline said he thought this was an excellent program and he was glad it was going to work out.  He thanked Mr. Watkins and Mr. Hancock and his staff.
    B296-96 was given third reading with the vote recorded as follows;  VOTING YES:  KRUSE, HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B298-96     FINAL PLAT OF MEADOWLANDS, PLAT 12.
    The bill was given second reading by the Clerk.
    Mr. Sanford explained that this property was located in the northeast quadrant of the City and would create 17 R-2 lots and 18 R-1 lots.  He noted that the plat met the Subdivision Regulations and conformed to the preliminary plat which the Council had already approved.
    Mr. Harline asked about the designation of Rice Road on the major Thoroughfare Plan.  Mr. Hancock said it was a collector street.
    B298-96 was given third reading with the vote recorded as follows:  VOTING YES:  KRUSE, HARLINE, HINDMAN, COBLE, JANKU, CAMPBELL.  VOTING NO:  NO ONE.  ABSTAINING:  CROCKETT.  Bill declared enacted, reading as follows:

B301-96     AUTHORIZING AN AGREEMENT FOR LEASE AND LEASE OF PROPERTY AT   FIFTH AND
                    CHERRY TO HEALTH ADVENTURE CENTER.
    The bill was given second reading by the Clerk.
    Mr. Sanford noted that the staff had been working with the Health Adventure Center Advisory Board for some period of time.  He said the ordinance had been originally introduced with a blank for the term of the agreement and that the City Manager was recommending that the blank be changed to 99 years.
    Ms. Coble asked how much capital and how much operating funds have been raised and committed to this project.  Ann Cohen, Chair of the task force, said they were unable to raise money without a location and they didn't have funds currently in the treasury to begin the process.  She said she understood the lease agreement to be that they have two years to begin construction from the time the lease is executed.  She said they had engaged fund raising counsel and have the plans in place to raise the monies.  She said they would begin that after they know they have a location and they could go to funders and tell them they have a place to build it.  Ms. Coble asked if they had any preliminary commitments.  Ms. Cohen said they had spoken to some funders who are waiting for the commitment from the City before they are willing to put their money forward.
    Mr. Kruse asked Ms. Cohen if she was feeling confident.  She said she was feeling very confident and thanked the Council and staff for their involvement in the process.
    Mrs. Crockett asked if she understood they had no money committed at this time.  Ms. Cohen explained that they had raised $100,000 and had used it to develop a master plan, to determine how much space they would need, set up a master plan for the exhibits, have done a business plan to determine the feasibility for the facility, engaged fund raising counsel, and designed an emergency medicine exhibit.  She said they had done all of the preliminary work they could short of designing the building because they needed a site.
    Mr. Harline understood that the City could terminate the lease if they were not ready to build in two years.
    Ms. Coble said in the context of fund raising it was not necessarily unusual to have funds committed to a development prior to site selection.  She asked if the wording in the agreement -- negotiating a lease agreement for a medical museum -- would have any binding affect on the City or on the activities of the Health Adventure Center.  She said it had been identified as more of a specific children's focus.  Ms. Cohen said they refer to it as a health education center, but a medical museum was a term that had also been applied to it.  She said it didn't have a focus only for children; it would be for people of all ages.  She said they were satisfied with the term and knew that the intent was that it would be something that would be health related.  She said it wouldn't be a group of dusty collections of old things, but it would be an active center.
    Mr. Janku made the motion to amend B301-96 per the amendment sheet.  The motion was seconded by Mr. Harline and approved unanimously by voice vote.
    B301-96, as amended, was given third reading with the vote recorded as follows:  VOTING YES:  KRUSE, HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

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

B288-96     AUTHORIZING FUNDING AGREEMENTS FOR THE HINKSON CREEK TRAIL PHASE I
                    PROJECT, AND THE BEAR CREEK TRAIL PHASE II PROJECT.

B290-96     AUTHORIZING A CONTRACT FOR TRANSIT OPERATING FUNDS.

B293-96     ESTABLISHING RATES FOR WATER SERVICE AT COLUMBIA REGIONAL AIRPORT.

B294-96     ACCEPTING CONVEYANCES FOR WATER UTILITY PURPOSES.

B297-96     FINAL PLAT OF VALLEY VIEW SOUTH, PLAT 1.

B300-96     AUTHORIZING CONTRACTS FOR CHILD CARE ACCREDITATION ASSISTANCE.

R141-96     SETTING A PUBLIC HEARING RE: DIFFERENTIAL WATER MAIN PAYMENT FOR
                    BEDFORD WALK, PLAT 6.

R142-96     AUTHORIZING RENEWAL OF A CONTRACT WITH THE DEPARTMENT OF HEALTH TO
                    CONTINUE THE WIC FOOD PROGRAM.

R143-96     AUTHORIZING AN AGREEMENT WITH COIN.

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

NEW BUSINESS
R144-96     AUTHORIZING CONTRACT WITH HORNER & SHIFRIN FOR PLANNING   SERVICES FOR
                    THE BENTON STEPHENS NEIGHBORHOOD.
    The resolution was read by the Clerk.
    Mr. Hancock explained that this was the end of the first phase of the process of developing a master plan in an overlay district for Benton Stephens.  He said the contracts had been brought to the Council in August and they were now ready to enter into a contract with Horner & Shifrin.
    The vote on R144-96 was recorded as follows:  VOTING YES:  KRUSE, HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE. Resolution declared adopted, reading as follows:

R145-96     APPOINTING JOHN WHITESIDE MUNICIPAL JUDGE.
    The resolution was read by the Clerk.
    Mr. Sanford explained the formal selection process the Council went through before making this appointment.
    Mayor Hindman pointed out that they had some very fine applicants for this position and that it had been a tough decision to make.  He thanked everyone who applied for the position.  Mayor Hindman said that former Municipal Judge, Leslie Schneider, had done an excellent job.
    The vote on R145-96 was recorded as follows:  VOTING YES:  KRUSE, HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL.  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:

B302-96     ACCEPTING CONVEYANCES FOR UTILITY PURPOSES.
B303-96     AUTHORIZING AMENDMENT #10 TO THE SVERDRUP CONTRACT, AND
                    APPROPRIATING FUNDS.
B304-96     ASSESSING SPECIAL TAXES FOR ABATEMENT OF WEED NUISANCES.
B305-96     AUTHORIZING A BUILDING PERMIT TO BE ISSUED FOR A RESIDENTIAL STRUCTURE.
B306-96     APPROVING A SUPPLEMENTAL LEASE AGREEMENT AUTHORIZING ROOF REPAIR ON
                    NORTH TERMINAL COMPLEX AT THE AIRPORT AFTER REMOVAL OF WEATHER RADAR
                    DOME, AND APPROPRIATING FUNDS.
B307-96     APPROVING RIGHT OF USE PERMIT FOR ROYAL HERITAGE DRIVE RIGHT OF WAY.
B308-96     AMENDING CH. 14 OF THE CITY CODE RE: PARKING ON BERRYWOOD DRIVE.
B309-96     AUTHORIZING AN AGREEMENT WITH SHAFER, KLINE & WARREN FOR DESIGN OF THE
                    BEAR CREEK TRAIL PHASE 2 PROJECT.  (INTRODUCED BY JANKU.)
B310-96     AMENDING ORDINANCE NO. 14968 RENAMING PARK DEVILLE DRIVE TO BROADFIELD
                    DRIVE.
B311-96     FINAL PLAT OF LOVEALL SUBDIVISION.
B312-96     FINAL PLAT OF BROADWAY FARMS, PLAT 14A.
B313-96     FINAL PLAT OF BETHEL MANOR, PLAT 3.
B314-96     FINAL PLAT OF BEDFORD WALK, PLAT 5.
B315-96     VACATING EASEMENTS IN LOT 195 OF BROADWAY FARMS, PLAT 13.
B316-96     VACATING A UTILITY EASEMENT IN LOT 16 OF MILES MANOR, BLOCK 1.
B317-96     AUTHORIZING PAYMENT OF DIFFERENTIAL WATER MAIN COSTS FOR AN 8-INCH
                    WATER MAIN TO SERVE BEDFORD WALK, PLAT 6.
B318-96     AMENDING CH. 19 OF THE CITY CODE RE: PERSONNEL POLICIES, PROCEDURES,
                    ETC. FOR TEMPORARY EMPLOYEES.
B319-96     FINAL PLAT OF ROSECLIFF GARDENS, PLAT 2.
B320-96     VACATING EXCESS RIGHT OF WAY FOR PART OF GARDEN DRIVE.
 

REPORTS AND PETITIONS
(A)      TREE BOARD REQUIRED FOR "TREE CITY" DESIGNATION.
    Mr. Watkins explained that this Board was required for our application for a Tree City designation which will provide additional grant funds for trees.  He noted that the application is due in December.  He suggested a task force to get the plan initially going.  He said they would come back with legislation at the next meeting for Council consideration.
    Mr. Janku said a time frame had been given when they talked about the Historic Preservation Commission.  He suggested a time frame for at least bringing back an initial report in terms of priority items.    Mayor Hindman made the motion that staff be directed to prepare the appropriate legislation calling for a Tree Board Task Force that would work on a street tree and landscaping plan for the City of Columbia and report back to the Council within six months.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

(B)      ALAN LANE - PETITION FOR TAX BILL STREET IMPROVEMENTS.
    Mr. Patterson explained that a petition had been received for improving Alan Lane to improved standards.  He said although there was only one signature on the petition it represented 61% of the total abutting footage.  He said if the Council wished to proceed with the upgrade of this street the next step would be for the staff to proceed with enough detailed information to conduct a public hearing to determine if the project should proceed.
    Mr. Campbell made the motion that the staff be directed to proceed.  The motion was seconded by Mr. Harline and approved unanimously by voice vote.

(C)      WESTRIDGE DRAINAGE PROJECT LANDSCAPING.
    Mr. Patterson explained that this was a follow up report to previous discussions before Council.  He said they had been directed to prepare some alternatives to proposals for landscaping.  He said they had done that and they had also met with the property owners again to discuss the plans in detail.  He said their recommendation this evening was for additional mid-channel planting in an effort to address the neighborhood concerns.  He said they felt there was a consensus on what would be desirable in the neighborhood and that they had estimated, in addition to the $5,800 originally proposed, than for an additional $7,000 they could accommodate most, if not all, of the desires of the residents of that area.  It was their recommendation to proceed with the project on two conditions.  One was that they proceed based on any additional easements required for planting the materials be furnished at no expense to the City and, secondly, that written waivers prepared by the City Law Department be furnished from all property owners adjacent to this portion of the channel.  He said the waiver would agree that once the landscaping was in place and subject to the warranty that would be required as part of the project, then the City would no longer be held responsible for any additional landscaping or the continuation or maintenance of the landscaping that would be put in place.  He said if Council authorized the staff to proceed, the next step would be to prepare such an agreement and have it brought back to the Council with information from the property owners as to the acceptability of the proposal.  He said at that point they would hope to have the project ready for planting in the spring of 1997.
    Mike Goldschmidt, an architect with offices at 15 Hitt Street, said he had talked to the neighborhood about a couple of different things.  He said the neighborhood has a strong desire to understand the maintenance of the plants.  As part of the agreement, he said he thought it would be important to add the maintenance instructions from the City's Arborist.  He said that way, after the one year warranty, the neighborhood would be very clear as to what the typical maintenance would be on the plants.  Mr. Goldschmidt said there were a number of property owners who have property that is on the opposite side of the channel from their houses and major portions of their yards.  At the meeting, he said they had talked about filling in those areas.  He asked if that had been done on the design.  Mr. Patterson said the people were told at the meeting that the City's Arborist had been meeting with the people there.  He added that the condition of this whole concept was that if the people have agreed to the planting plan it would have to be done prior to having the agreement back to the Council.  He said the idea was to get authorization from the Council to go ahead with the project to fill in the gaps.  Mr. Goldschmidt asked if he felt comfortable that the $7,000 would fill in the gaps.  Mr. Patterson said he did.
    Cindy Jones, County House Branch Neighborhood Association President, thanked everyone for working with them.
    Mr. Campbell noted that Ms. Jones had spent hundreds of hours on this project.  He said she and the neighborhood association deserved much credit for having worked their way through this whole process.
    Mr. Campbell made the motion that the staff be directed to proceed.  The motion was seconded by Ms. Coble and approved unanimously by voice vote.

(D)      LANDSCAPE ISLANDS - SOUTH PROVIDENCE.
    Mr. Patterson noted that it had been determined that the islands are owned by the Missouri Highway Department.  He said they had written a letter to them asking for confirmation of that and also asking for information as to what they would do to participate in getting the area where the property owners adjacent would be willing to adopt them and improve the landscaping.  He said their discussions with the property owners indicate that they would be desirable of doing this if the Highway Department could improve or repair the islands.  He said they were waiting for information back from them.
    Mr. Harline made the motion that they accept the report.  The motion was seconded by Ms. Coble and approved unanimously by voice vote.

(E)      INDIAN HILLS.
    Mrs. Crockett said she had asked if there was any CDBG money left for the neighborhood since the streets had been connected.
    Report accepted.

(F)      ROUTE 763 SIDEWALKS.
    Mr. Janku thanked Mr. Patterson for the report.  He said it was divided into two parts -- the area of the recent improvements north of Big Bear Boulevard, and another section which has not been improved yet.  Regarding the potential for sidewalks along the improved street, he said based on their past experience they usually try to put walks in on one side of the street when the state has improved the streets.  He suggested that they proceed with putting improvements on the east side of the road.  He said that was the area where there is the heaviest pedestrian traffic and also the location of the public housing facility as well as the trailer park further north.  He asked Mr. Patterson if he would agree that was probably the most logical side for a sidewalk.  Mr. Patterson said he thought so, but if they found something they felt should be reconsidered they would certainly bring it forward for Council discussion.
    Mr. Janku made the motion that the staff be directed to proceed with the next step in contacting the Highway Department and whatever steps would be needed in terms of developing the necessary legislation to proceed.
    The motion was seconded by Mr. Harline and approved unanimously by voice vote.
    With respect to the area to the north, Mr. Janku said he would probably see people walking there tonight on his drive home.  He said there was a high pedestrian use because it is the area between the trailer court and the convenience store.  He said Mr. Patterson's memo indicated that it was under the control of the state, but he was hopeful they could be encouraged to move quickly because of the location of the bus stop.  He suggested the possibility of relocating the bus stop to a more convenient and safer location and where the bus might have more room to pull over.  Mr. Janku wondered about addressing these types of issues at the time the projects come through.  He said he had talked about this particular project the last several times about various issues like street lights, etc.  He wondered if there was some way they could incorporate into their dealings with the state on a routine basis that when these projects come forward that the street lighting, landscaping, and sidewalks all be addressed.  He said he felt like he should have brought all of the issues to the Council at the time of the initial agreement.  Mr. Harline said he thought he had.  Mr. Campbell said they had been brought up, but not resolved.

BOARDS AND COMMISSIONS
    None.

COMMENTS OF COUNCIL, STAFF AND PUBLIC
    Mr. Campbell said a significant problem had developed in the western part of his ward in The Hamlet Subdivision.  He said our stormwater management ordinance had gone into effect between phases of development.  He said significant concerns had been expressed by the neighborhood regarding the drainage work that has been done.  He said Mr. Patterson and his staff had been working very diligently with the neighborhood association and last week some 50 plus turned out for a meeting in which Mr. Patterson had given a very good report.  He said it was still a long way from being resolved and there would be considerably more work needed.  He said it may result in some expense to the City before it is resolved.  He said the first step was to have a memorandum of understanding between the developer, the neighborhood association, and the City to begin the process of planning what needs to be done.  Mr. Campbell suggested that the Council encourage Mr. Patterson to proceed with the development of a plan to come back to the Council for further action.
    Mr. Campbell made the motion that the City Manager be directed to work with the neighborhood association and the developer to prepare a cooperative plan that would resolve the drainage problems in The Hamlet Subdivision.  The motion was seconded by Mr. Kruse and approved unanimously by voice vote.
    Mr. Harline said he had received a letter from the past president of the East Campus Neighborhood Association regarding relaxing some of the requirements for Bed and Breakfasts; namely, that in their conditional use permit that they be allowed up to ten rooms as opposed to the current five rooms, and that they be allowed to host receptions.  Recently, he said they had approved a C-1 zoning on a property on Ashland Road and the only reason they requested the C-1 was for those reasons.
    Mr. Harline made the motion that an ordinance be prepared and sent to the Planning and Zoning Commission for their comments and recommendations to the Council.  The motion was seconded by Mr. Kruse.
    Mr. Janku said he would like to add the issue of requiring ownership to live on the property.  Mr. Harline agreed.
    The motion made by Mr. Harline, seconded by Mr. Kruse, amended by Mr. Janku, was approved unanimously by voice vote.
    Regarding the area near Reactor Park where the outer road intersects with the road that connects Providence Road with the outer road of Providence Road, Mr. Harline said there were no signs by the American Red Cross building.  He said there was one very faded sign that tells people coming out of the Red Cross building that they are supposed to yield to the traffic coming off Providence Road heading west.  He said there was no sign for the northbound traffic at all, or the traffic coming off Providence Road.  He asked that the issue be addressed.
    Mr. Harline said the Council had gone over their list of work session topics, and one possibility had been scenic roads.  He said they were under the impression at that time that this should just be sent to the Planning and Zoning Commission and that everything was ready to go.  He said it said draft ordinance ready for Council consideration.  He thought they needed to look at it.  He asked if this was something that needed to be put on their agenda again or if it was something that would be taken care of by the Planning and Zoning Commission next.  Mr. Hancock said that the Council had approved a resolution some months back that, among other things, directed them to prepare a scenic road ordinance.  He said they have a draft and it was his thinking that they would wait until the budget was over and then bring it to the Council for them to see what approach had been taken and then formally have the ordinance sent on to the Planning and Zoning Commission.  Mr. Harline asked that it be added to the next agenda under Reports.
    Mrs. Crockett noted that the street connection had been built on Aztec and Cherokee.  She asked when they would be able to get the bus into that area.  Mr. Patterson said he would check into the status and get back to her.  He said usually they try to give a couple of weeks notice to people currently using the route before changing it.  Mrs. Crockett asked if it would be possible for fliers to be handed out to people in the neighborhood as well as to the people in the apartment complex so they know the bus will be in the area.  Mr. Patterson said they have found in situations like this that the doorknob hangers work quite well.  Mrs. Crockett reminded Mr. Patterson about the drainage situation on Mohawk Court.
    Regarding Indian Hills, Mr. Janku asked if the properties had been put up for sale yet.  He said they had discussed putting in the street first.  Mr. Hancock said the idea was to bring it all back to the Council after the street was completed and the bills were all paid and then determine what the tax bills were going to be.
    Ms. Coble thanked the staff for responding so quickly on the landscape islands and the issues along South Providence.
    Ms. Coble said she realized they had a rather tight CIP budget, but she was wondering if there was a possibility of staff looking at the current problems at Nifong and Rock Quarry that were brought up at the time of the Hunt rezoning to determine what they might be able to do to have an impact on the traffic problems that back up at specific times of the day.  She recalled there being early morning and late afternoon rush periods.  She wanted to know what they might be able to do to improve the intersection or somehow reduce some of the strain going on as we await the eventual work on Nifong and AC and all of the rerouting that will be done.  She asked for a staff report on what short term intervention could be done there to alleviate some of the existing traffic problems.  Mr. Patterson reminded Ms. Coble that they would have to work with the State Highway Department even in the consideration of what they might allow.  He said they would contact them and follow up.
    Mr. Campbell noted that he had received several compliments regarding Mr. Patterson's staff lately in reference to several different projects.
    As traffic is increasing on North Garth with the new development going in along Blue Ridge, Mr. Janku asked if they could look at some street lights along there particularly at the narrow bridge where Garth crosses Bear Creek.  He said there was a lot of fog in there in the evening.
    Mr. Janku said he saw where the stop light at Vandiver and Route B was being evaluated due to the railroad crossing.  He asked if the stop light at Vandiver and Oakland might be evaluated at the same time.  He said it had always been a troublesome light because a lot of people don't want to wait for it because of its slow cycle.
    During the budget process, Mr. Janku said Mr. Malon had mentioned that he had a report ready for them on the landscaping at the Water & Light Building and the Power Plant.  He asked that the report be brought forward.
    Mayor Hindman announced that the Eagle Bluff Wildlife Area would be officially dedicated this weekend.  He pointed out that the facility consists of seasonal wetlands, standing pools of water, and crop areas for the purpose of providing food and habitat for wildlife, primarily migratory waterfowl.  He said it uses treated wastewater from the City's wetlands as its main water source for wildlife and crops.  The dedication would be at 9:00 a.m. on Saturday and they would continue on through the day with events open to the public.
    Paul Albert, 2703 Parker, talked about the east side of Parker Street and said it was zoned for duplex.  He said the neighborhood didn't want apartment houses there.
    The meeting adjourned at 9:05 p.m.
 
                                                                                         Respectfully submitted,
 
                                                                                         Launa H. Daniel
                                                                                         City Clerk