M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
OCTOBER 5, 1998

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, October 5, 1998, in the Council Chamber of the City of Columbia, Missouri.  The roll was taken with the following results: Council members JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, and COBLE were present.  The City Manager, City Counselor, City Clerk, and various Department Heads were also present.

APPROVAL OF MINUTES
    The minutes of the meeting of September 21, 1998, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Ms. Coble.

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mayor Hindman stated that R200-98 will be added under New Business and noted the addition of Report F.
    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 Mrs. Crockett.
    Upon her request, Mr. Campbell made the motion that Mrs. Crockett be allowed to abstain from voting on B271-98 and B301-98.  The motion was seconded by Mr. Kruse and approved unanimously by voice vote.

SPECIAL ITEMS
1.      Presentation of Daniel Boone Building picture from the Boone Historical Society.
    Greg Olson presented the City with a picture of the Daniel Boone Building lobby from the Boone Historical Society.  Mr. Olson explained that it is a 1938 photograph taken by J. Francis Westhoff of the lobby of the building once known as the Daniel Boone Tavern.  Mr. Olson said the picture was being presented in recognition of the City's new Historic Preservation ordinance, and also in recognition of the City's commitment to renovate the Daniel Boone Building.  He said once the renovation is complete, the Society is hopeful the City will be able to hang the photograph where all citizens of Columbia can compare the building in its new state to its previous historic state.
    On behalf of the City, Mayor Hindman thanked Mr. Olson and the Society for their generosity, and said he is sure there is a place in the lobby for the picture to hang.

SCHEDULED PUBLIC COMMENTS
1.      Nancy Mertzluff - Request for stop sign at corner of Forum & Woodrail/Crestwood intersection.
    Ms. Mertzluff explained that she is speaking on behalf of the Woodrail Neighborhood Association.  She handed the Clerk a petition, signed by over 175 individuals living in the Woodrail Subdivision, asking the City to do something to help facilitate and ease the safety of traffic at the intersection of Woodrail, Crestwood, and  Forum.  Because of the increased traffic in this area, it has become more difficult to make left turns out of the subdivision.  The neighborhood is requesting that one stop sign be placed on the southeast corner of the intersection.  She said there are traffic lights on Forum, which creates somewhat of a break in traffic, but the traffic going north seems to increase in speed as vehicles come over the hill at this intersection.  She said the view to the north is also partially obstructed because of the center median.  Ms. Mertzluff explained that the Woodrail Neighborhood Association had also spoken with the Lake Woodrail neighbors, and they agreed the intersection is extremely dangerous.  She noted as Lake Woodrail residents enter the intersection from Crestwood, right turns are difficult because of the speed of traffic on Forum.  Ms. Mertzluff reported that neighborhood has also said it is almost impossible to cross Forum to Woodrail Avenue to access the club.
    Mr. Kruse thanked Mrs. Mertzluff for coming to the meeting and agreed that the intersection is tricky to negotiate most of the day.  He said the traffic seems to be pretty steady on Forum.  He had previously asked the staff to look at the intersection, and is hopeful a report would be coming back to the Council shortly.

PUBLIC HEARINGS
B271-98     Rezoning property located on the west side of Old 63, south of Grindstone Creek from A-1
                    and C-1 to O-1.
    Mayor Hindman noted that a request had been received by the applicant to withdraw this bill.

B300-98     Rezoning property located on the northeast corner of Chapel Hill Road and Fairview
                    Road from A-1 to PUD-2; approving PUD site plan.
    The bill was given second reading by the Clerk.
    Mr. Beck explained staff and that the Planning and Zoning Commission had voted unanimously to approve this request.   He said a nursery school is being proposed, and no new construction is planned at the location.
    Mayor Hindman opened the public hearing.
    Dan Simon, an attorney with offices at 203 Executive Building, spoke on behalf of the applicants and property owners, Rex and Carol Notbohm.  He said the applicants are available, as well as the engineer, to answer any questions.   Mr. Simon said the purpose of this request is to establish a conforming, permitted use so that the owners can eventually transfer the property to someone else.  He said the intention is to preserve that which is there, to use it in the same manner as it is now being used, to keep the existing structure intact, and to not change anything that is present now.
    Mayor Hindman closed the public hearing.
    Mr. Campbell said he found the proposal to be very attractive and added that it has been a good addition for many years into the neighborhood.  He said he has never had anything but compliments for the use of it.
    Ms. Coble commented that she was appreciative of the materials provided to the Council, including the historical references to the structure and the use of the property.
    Mrs. Crockett commented that her daughter lives nearby, and she had never noticed any activity except around noon when children are being picked up.
    B300-98 was given third reading with the vote recorded as follows: VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B301-98     Rezoning property located on the south side of St. Charles Road, east of Dorado Drive
                    from A-1 to PUD-15 and R-1.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this rezoning application initially involved two tracts, but a letter had been received to withdraw the rezoning request for tract one.  Tract two is recommended for approval by both the staff and the Planning and Zoning Commission.
    Mayor Hindman noted that an amendment sheet had been prepared that would delete the PUD request on tract one.
    Mayor Hindman opened the public hearing.
    David Rogers, an attorney with offices at 813 E. Walnut , spoke on behalf of the applicant.  He said because both the staff and the Commission recommended against the PUD-15, the applicants are working with their engineer to revise it.   In the meantime, he said they would like to construct the road, which would establish the three and one-half single family lots.
    Mr. Janku understood the access to the homes would be to a road other than St. Charles Road.  Mr. Rogers said that is what it will be when a plat is submitted.
    Mayor Hindman closed the public hearing.
    Mr. Campbell made the motion that B301-98 be amended per the amendment sheet.  The motion was seconded by Mr. Kruse and approved by voice vote.
    B301-98, as amended, was given third reading with the vote recorded as follows:  VOTING YES: JANKU, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO: NO ONE.  ABSTAINING: CROCKETT.   Bill declared enacted, reading as follows:

(A)     Hinkson Creek Trail, Phase II.
    Item A was read by the Clerk.
    Mayor Hindman opened the public hearing after reading the following statement:

    Mayor Hindman asked Lowell Patterson, the Director of Public Works, to describe the work being proposed.
    Mr. Patterson explained that this project extends the distance of approximately one mile from the Capen Park area westerly to the eastern boundary of the University of Missouri Hinkson Creek Recreation Fields.  He said this trail will tie in with the east end of the Hinkson Creek Trail Phase I (also a City project), and at the west end it will connect with the University's Hinkson Creek Trail, which will ultimately extend westward along Hinkson Creek and tie into the City's MKT Trail.  Total cost of this Phase II project is $337,600, with $219,434 being provided from federal enhancement funds.  The City share is $118,166.
    Mr. Patterson explained that the project is currently being designed and surveyed by Allstate Consultants of Columbia and will consist of a 10 foot wide gravel surface pathway.  He said there will also be two bridges constructed as part of the project over Hinkson Creek, with the first being approximately half way between the east and west end of the project, and the western most bridge will cross Hinkson Creek near the University's property.  Additionally, the existing steel trestle bridge over Hinkson Creek, which is the old Rock Quarry Road bridge and is currently used as a pedestrian bridge near Capen Park, will be utilized as part of this project.  Mr. Patterson noted that the bridges will also be a minimum of 10 feet in width.
    Mr. Patterson reported the Trail is in accordance with the Parks and Recreation Master Plan and Open Space Study of September 1994.  The project, when combined with the Hinkson Creek Trail Phase I and University project, will provide a continuous trail from the eastern portion of the Grindstone Nature Area at Old Highway 63, westerly to the City's current MKT Trail.  He explained that several alignment options were studied prior to choosing the one being presented tonight, and that the bridge locations were selected to provide the best hydraulic conveyance and to avoid large natural features and vegetation from disturbing those features.  He said some of the alignment will follow the Hinkson Creek outfall sanitary sewer line, an area which has been previously disturbed and accordingly will minimize the removal of trees along the section.  For the most part, Mr. Patterson said major trees can be avoided by meandering the path.  The final alignment selected avoids major trees, but requires removal of some sections of smaller trees and underbrush.  The trail will provide alternate transportation opportunities in south and south central Columbia and provide urban recreation alternatives for all of the citizens of Columbia.  A Phase I Cultural Resources Assessment is currently being performed as part of the project, and any viable sites will be avoided if possible.  In the event a viable site cannot be avoided, Mr. Patterson said appropriate mitigation measures following state and federal guidelines will be followed.
    Mr. Patterson explained that the project also crosses City-owned property as well as property currently owned by the Nature Conservancy and the University of Missouri.  He stated that all property owners have been notified of the project and this public hearing.  Mr. Patterson said there will be no businesses or persons that will be displaced as a result of the project and, therefore, no federal relocation activities are necessary.  All applicable federal guidelines will be followed in conjunction with the acquisition of easements that are necessary for the project.
    Mr. Patterson  said the City will prepare a verbatim transcript of tonight's proceedings and will receive written statements for a period of ten days following the public hearing.  He said the transcript will then be sent to the District Engineer and project approval will be requested by the Highway Department.
    Mr. Beck felt this would be a good addition to the City's overall trail network.
    Mariel Stephenson, 2111 Rock Quarry Road, assumed the present trail would go over the one lane bridge.  She asked what the crossing would be on Rock Quarry Road.  Mr. Patterson understood the crossing would occur under the existing highway bridge.  Ms. Stephenson said she was not in opposition to any trails, but she would like to recommend that the ten foot wide trail for emergency vehicles go from the gate access into the Nature Conservancy, which currently exists and is directly adjacent from the crossing bridge being proposed on the right hand side of Phase II.  She said the gate is an original location for a roadway.  She knew that 10 feet wide in the horseshoe area did not seem like much, but noted it is one of the first areas to be flooded.  Ms. Stephenson asked that the staff consider putting the emergency vehicle width from the gate to the bridge, and then from that point construct a narrower trail.  She referred to the concept used at the Forum entrance to the MKT Trail.  Ms. Stephenson said the property in the Nature Conservancy is some of the best riparian forest in the City of Columbia.  She wanted to see it intruded upon as little as possible because of the wildlife that harbors there.
    Mr. Kruse noted that the width of the walkway in the nature trail near the Forum parking lot  is 10 feet.    Mayor Hindman said he thought the MKT Trail seems so much wider because it was built up on the railbed.  He said this one would not be built up.  Ms. Stephenson assumed it would have to be elevated in order to be maintainable.  Mayor Hindman explained that the County has built an elbow down in a flood plain, and they just let it go under water.  When the water recedes, the trail can be used again.
    Ms. Stephenson said that she would be in favor of a five foot nature trail through the trees and woods as had been managed at Rock Bridge Memorial State Park.
    Jeff Barrow, 1007 Coats, president of the Greenbelt Coalition of Mid-Missouri, listed the benefits provided by streams and stream corridors.  He said the Coalition's concern about the proposal is the potential threat that trail development can have on the natural integrity of the stream and wildlife.  Mr. Barrow said it is realized that the City's Parks Department is interested in developing greenbelt areas as linear parks.   He said it is also realized that the City's Public Works Department is interested in building the safest and sturdiest trail possible.  He said the Coalition shares those goals, but their purpose is to be a counter balance and to ensure that manmade impacts are minimized on greenbelt areas.  He said that includes when these areas are being developed as parks and as alternative transportation corridors.  Mr. Barrow said the City should set the highest standard of protection for the greenbelt areas.  At a very minimum, trails should be built 100 feet from the bank of a stream, and all bridges should be perpendicular to the stream channel and built in a way that diminishes their detrimental affect on the stream bed, the stream bank, the stream channel itself, and the forest and fields that border these streams.  Mr. Barrow reported the Coalition had not been briefed on the specifics of this plan, so he is unable to give any specific proposals, although they would very much like the opportunity to do that.
    Mr. Patterson noted that 10 feet is the standard width for trails.  He said the City had to apply for a variance on portions of Bear Creek because along the bluff they were having difficulty meeting the 10 feet standard.  He said there would need to be some very good reasons for getting something less than the standard 10 feet.   Mr. Patterson reported the project would be coming back to the Council for bids, and if there is any reason it is felt the project cannot continue, this would be outlined in the report to the Council.
    Diane Hughey, President of Oakland Manor Neighborhood Association, spoke in support of the trail.  She was especially glad to see a partnership with the University and between governmental entities within the community.  Ms. Hughey is appreciative of the sensitivity shown by the Public Works Department to the land and to habitat disturbance.  She said it is critical that the City remain sensitive to nature as the trail system progresses.  She suggested a five foot trail would save money and yet meet the ADA requirements.  She said it would be less destructive to the area.
    Al Lackey, 608 Old Highway 63 South, asked about the location of the trail.  He understood it would be near his home.  Mr. Beck explained that this phase would be south of Stadium.
    Dee Dokken, 208 Sanford, explained that she is a member of a stream team on a segment of Hinkson Creek, as well as a member of the Mid-Missouri Show-Me Clean Streams.  She requested that the different stream teams be notified of trail projects at the same time land owners are notified.   She did not know if there is a stream team on this particular section of the creek.
    Mayor Hindman suggested that Ms. Dokken check with the Public Works Department.  Ms. Dokken said a list could be obtained from the Mid-Missouri Clean Streams of the individual teams.  Mr. Patterson noted that the City is a stream team member for the Bear Creek.
    Mayor Hindman closed the public hearing.
    Referring to Ms. Stephenson's request, Mr. Campbell felt there is considerable merit to it.  For transportation purposes, it would certainly save a lot of time in travel.  In addition, he thought people should be able to move through the area to enjoy the scenic beauty, but with minimal impact to the environment.  He believed the path could be narrower and not meet the formal definition of a trail.  Mr. Campbell asked the staff to seriously consider cutting off the "U" as far as the major trail is concerned.
    Mr. Kruse said if the City did not use enhancement funds on the "U", he did not think it would have to be 10 feet wide.
    Mr. Janku wondered if money is saved by not extending the trail through the length of the "U", whether this funding could be used for other parts of the project.  Mr. Patterson thought the project is restricted to what had been described in the scope of work -- up to the amount that has been approved.  Without obtaining a grant amendment, he did not think the City could change it and add another spur trail or something to increase the scope of the project.  He pointed out that if the "U" is cut off, a surface crossing of Rock Quarry Road would have to be created, which is something the Parks and Recreation Department and others have been trying to avoid as it would require a grade crossing for the pedestrians and bicycles on the roadway.
    Mr. Campbell asked Mr. Patterson to show where on the map the crossing would occur.  Mr. Patterson pointed out the crossing.  Mr. Beck thought the Council could raise the question as to whether or not they want the staff to study and give alternatives of not making the entire loop.   He felt that would provide some guidance.  Mr. Campbell said that had been his point.
    Mr. Patterson thought there is a lot of latitude in that respect.  At this point, just the overall concept had been presented.  Mr. Beck said staff would prepare a report to the Council with a recommendation as to the pros and cons and associated costs.  He said the Council could then select an alternative.  Mr. Patterson believed that would work.
    Mr. Beck noted that Mr. Hood and his Department have been working very closely with the Public Works Department to make sure all of the elements are addressed.
    Ms. Coble said she is very comfortable to proceed with the broad topic plans and specifications knowing the input of others will be taken into consideration.
    Mr. Campbell made the motion that the staff be directed to move ahead with conceptual planning.  The motion was seconded by Mayor Hindman.
    Mayor Hindman thought it would be a benefit for people to access areas like Grindstone Park from other segments of the community by walking or bicycling.  In addition, it would allow people to traverse these nature areas that are not seen today.  Mayor Hindman felt that to be extremely important.
    Mr. Janku acknowledged the University's role in participating.  Mayor Hindman said it is a great example of cooperation.
    Ms. Coble asked about the definition of a riparian forest.   Mayor Hindman explained that it is a forest located along a stream bank.
    Mr. Beck pointed out that the University was also able to obtain some enhancement funds for their part of the project .  He said it has been a joint effort from the beginning.
    The motion made by Mr. Campbell, seconded by Mayor Hindman, was passed unanimously by voice vote.

(B)     Storm water drainage improvements in the North Parklawn Court area.
    Item B was read by the Clerk.
    Mr. Beck noted that Mr. Patterson had prepared a detailed report.  He asked him to briefly describe the project.
    Mr. Patterson explained that this project is one of the identified problem areas that had been part of the original storm water report in 1983.  He said it was also identified as one of the primary priority projects in the ballot issue which established a storm water utility.  He said a considerable amount of interim work has been done in the area in past years to try to relieve some of the flooding problems that exist.  Mr. Patterson reported the City had not been successful in these efforts because there have not been the funds or resources to complete the project in a proper manner.
    Mr. Patterson stated staff is proposing to acquire one piece of property, enlarge a culvert under Parklawn Court, provide grading for an overflow area to lower the hydraulic level of the stream flow in the event of a flood, and rebuild the down stream discharge channel to accommodate a 100 year storm.   The repairs would benefit two houses that are frequently flooded by storm water, with the most severe problems occurring at 2007 Parklawn.  The expected cost of the project is about $206,200, which includes acquiring the properties and the infrastructure improvements that would be made as part of the construction.   Mr. Patterson said staff has met with the property owners, have had a meeting on the site, and have had discussions to explain the project and  the benefits of it.  He felt there is an understanding of that and, in general, an acceptance and support of the project.
    Mr. Campbell asked if the existing ordinances would prohibit a home from being built in this area at the current time.  Mr. Patterson said that is correct when property is an identified flood plain.  He said they did not view this as an attempt at buying someone out of a problem.  He said if this were not a solution to an area problem, they would be much more reluctant to acquire the property, but they felt it is an area wide solution, much like the one on Clinton Drive.
    Mayor Hindman opened the public hearing.
    Al Lackey, 608 Old Highway 63 South, said he had been flooded out of Parklawn five separate times.  He said there is no basement and there was major flooding which came up three to four feet inside of the house.  He said he would not be here in the winter and wondered when the City expected to do the construction.  Mr. Patterson said the construction would be in the spring because the City would have to prepare the final plans and specifications and acquire all of the land rights.  Mr. Lackey was interested in when staff would try to acquire the property.  Mr. Patterson said this can be done as soon as there is a signed ordinance authorizing acquisition of right-of-way, which can occur in the very near future.  He stated the bid call would come at a later date.   Mr. Patterson told Mr. Lackey he would call to let him know when the descriptions would be written up.  He explained the appraisal process.
    Jeff Barrow, 1007 Coats, said he is sorry to see someone losing their house, but thought it the best solution to get the existing homes out of harms way.  He said as long as there is not a structure in the area, it would be a public benefit.  He said in the long-term perspective, he felt it is a very good use of money.
    Mayor Hindman closed the public hearing.
    Mr. Janku made the motion that the staff be directed to proceed with the North Parklawn Court drainage improvement project as recommended.  The motion was seconded by Ms. Coble and approved unanimously by voice vote.

(C)     Annexation of property located on the east side of Bearfield Road, west of City limits.
    Item C was read by the Clerk.
    Mr. Beck explained that this is a small tract of land containing 2.8 acres.  The requested rezoning is M-C as the property is used for a sheltered workshop.
    Mayor Hindman opened the public hearing.
    Glen Erhardt, attorney for the Sheltered Workshop, with offices at 406 E. Locust, said he had spoken with the Council ten months ago with respect to annexation of this property.  He said they have been through the Planning and Zoning process twice.   He explained the request had been previously withdrawn because an opportunity arose for the Sheltered Workshop to acquire some additional property to allow for frontage on Bearfield Road.  He said by doing so that satisfied the definition of a legal lot under the City's ordinances.  Rather than annexing piecemeal, Mr. Erhardt said they decided to withdraw the application, complete the purchase of the property, and then refile the application.  He noted that the Planning and Zoning Commission had given unanimous support of the request for M-C zoning.  Mr. Erhardt pointed out that there has been no neighborhood opposition.
    Mayor Hindman closed the public hearing.

OLD BUSINESS
B296-98     Amending Chapter 14 of the Code to establish an all-way stop at the intersection of
                    Cherry and Sixth Streets.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this intersection had been originally set-up as a two-way stop.  Now that there is more east/west traffic, it is felt the intersection should be a four-way stop.
    Mr. Kruse asked if crosswalks would be painted at the same time.  Mr. Patterson replied that staff is working on a schedule for the rest of the crosswalks.  He noted crosswalks could not be painted before installing the stop signs, but they attempt to do both at the same time.
    B296-98 was given third reading with the vote recorded as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.   VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B297-98     Amending Chapter 14 of the Code changing the time limits for certain existing parking
                    meters and adding new meter locations.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this would change meter time limits in several areas within the City, and would add meters on streets where there were none previously.  He pointed out that the meters are primarily placed in an area to serve the surrounding properties.  The timing is looked at to accommodate the users, and that is why there are short term meters for quick turn over, intermediate meters, and long-term meters.  Mr. Beck explained that the Public Works Department had done an extensive survey of the areas in question, which included North Fourth Street, the Flat Branch area, Orr Street, and the alley north of Broadway (between Sixth and Seventh streets).  He noted that revenues from the meters are kept in a special account and are used to provide for better and increased parking in the Central Business District area.
    Mr. Janku asked what was going to happen to the lot GTE had used previously on Fifth and Cherry.  He is concerned about the lot not having meters or signage.  Mr. Patterson said another report would be coming shortly regarding that situation.  Currently, the inclination is to meter that lot.  Mr. Patterson said staff is also trying to get a little more definitive information about the Health Adventure Center and when they might take over the lot.  He said there would be no need for a major investment in meters or labor if they would be removed in three months.
    Rob Fleming, District Public Defender, spoke about the alley parking.  He reported his office is located on the first floor of the Johnson Building, and is provided by the County of Boone pursuant to a state statute that requires office space being made available to the District Defender.  He said they have never been provided with parking and there are 13 employees in the office.  In a recent memo, he saw that the alley parking would be discussed at this council meeting, and that meters were going to be recommended.  Mr. Fleming is concerned about meters being put in the alleyway.  He realized it is not the City's concern to provide parking for his office, and asked if other alleyways throughout the City had been metered.
    Mr. Janku agreed that the City has a responsibility to charge for parking spaces.  He realized these spaces could not be made available at no charge, but thought the City could structure it so it would accommodate office use. He understood it is a balancing act between the four-hour, ten-hour, and the permit parking.  Mr. Janku's suggestion is that the alleyway have either 10-hour meters or permit parking so that, given the interest in the office, these spaces could be made available to those employees or whomever else might be interested.  He thought it would be a mistake to establish four-hour meters if the primary users are in an office situation.
    Mr. Campbell asked how many parking spaces were involved in the alley.  Mr. Patterson said there would be ten spaces.  Mr. Campbell asked if it would be cheaper and more convenient to the merchants to simply have permit parking at this location.  Mr. Patterson replied that when staff started working on this issue, they solicited the input of the Downtown Special Business District.  One of their primary issues has always related to a shortage of intermediate parking for part-time employees, and parking for people that need more than two hours.  He said it was at the suggestion of the Special Business District that something be done in the intermediate range.  For long-term parking, Mr. Patterson said there is the parking plaza across the street and the permit lots within a block of that.  He said that had been the rationale for choosing the intermediate parking as opposed to permit or long-term parking in the alley.
    Mr. Janku commented that he did not think there is much in the way of permit parking north of Broadway.  He understood the Armory lot to be oversubscribed.
    Mayor Hindman thought the Special Business District would have a pretty good feel for what is the average parking problem in the downtown area.
    Mr. Janku made the motion that there be ten-hour meters in the alley.  The motion was seconded by Mr. Kruse and approved by voice vote.
    B297-98, as amended, was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B298-98     Confirming the contract for the construction of improvements to the Oakland Park
                    swimming pool.
    The bill was given second reading by the Clerk.
    Mr. Beck said the City had done a substantial amount of advertising for this project, however, only one bid was received.  Based on the consultants analysis, and the recommendation of the Parks and Recreation staff, the bid was good for the renovation of the 50 meter pool and the zero depth family type pool -- both of which can be constructed for $672,134.  The goal is to push on with the project so some of the work can be done this fall and, hopefully, one of the pools will be ready to open next spring.
    Mr. Kruse asked if anyone had heard anything from the Swim Club.  Mr. Beck said it would be good to hear from them.  Mr. Hood said he had a message on his phone late this afternoon from the President of the Club, but he had not had the opportunity to return his call.  Mr. Beck noted various types of equipment had also been a high priority for this pool complex.  He said it would be great if some organization would donate toward the equipment to make it a really nice operation.  Mr. Kruse said when he met with the Swim Club a few months ago, they had sounded enthused about the possibility, but he had not spoken with them since then.
    B298-98 was given third reading with the vote recorded as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B299-98     Voluntary annexation of land consisting of right-of-way for South Providence Road.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that there is technically a gap in the south boundary line for the Providence Road right-of-way.  He said this had been discussed with the Department of Transportation, and they completed the necessary paper work to proceed with this annexation.
    B299-98 was given third reading with the vote recorded as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

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

B295-98     Amending ordinance 15562 to clarify legal description for property specially assessed for
                    sidewalk construction on Katy Lane.
B302-98     Approving final plat of Thornbrook, Plat No. 2.
B303-98     Accepting a conveyance for water utility purposes from Larry and Marla Atterberry.
B304-98     Vacating easement and accepting conveyance from UMC for transmission relocation at
                    Epple Field.
B305-98     Accepting conveyance for water main easements from the Missouri Highway and
                    Transportation Commission.
R189-98     Setting a public hearing: annexation of property located on the southeast corner of Scotts
                    Boulevard and Vawter School Road.
R190-98     Setting a public hearing: annexation of property located on the east side of Strawn Road,
                    west of City limits.
R191-98     Setting a public hearing: annexation of property located on the north side of New Haven
                    Avenue east of City limits.
R192-98     Setting a public hearing: FY99 HOME Program Action Plan; FY(( and FY2000 HOME
                    Program project specific action plan.
R193-98     Setting a public hearing: approve the transfer of control of TCI Cablevision of Missouri,
                    Inc. from Tele-Communications, Inc. to AT&T.
R194-98     Authorizing an agreement with the Missouri Department of Health renewing the maternal
                    child health program.
R195-98     Authorizing an agreement with the Missouri Department of Health renewing the family
                    planning program.
R196-98     Authorizing a grant application to the Missouri Department of natural Resources for
                    construction of pedestrian trail at Cosmo Park.
R197-98     Authorizing an agreement with the U. S. Geological Survey for groundwater monitoring in
                    the vicinity of the wetlands projects.

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

NEW BUSINESS
R198-98     Authorizing a petition to annex city-owned property located on the north side of Hinkson
                    Creek Road, east of Hinkson Creek.
    The resolution was read by the Clerk.
    Mr. Beck explained that this is a 131 acre tract of land located just west of the existing landfill that had just been recently purchased by the City.  The staff felt this property should be annexed into the City and zoned A-1.  This would given the authorization for that process to begin.
    The vote on R198-98 was recorded as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO: NO ONE.  Resolution declared adopted, reading as follows:

R199-98     Authorizing an agreement with the University of Missouri for pole attachments.
    The resolution was read by the Clerk.
    Mr. Beck explained that the University wanted to add more banners to their campus.  He reported the banners would be attached to City light poles.
    John Humlicek, Department of Residential Life at the University, offered to answer any questions regarding the banners.  He said this is largely consistent with the other banners that have been previously approved and installed along Rollins.  He said the banners will be used to promote the residence halls and the Living/Learning Communities throughout the campus.
    Mr. Coffman asked about the cancellation of the agreement upon six months notice.  He asked why that length of time was in the agreement.  Mr. Boeckmann said his thought was that if the University is making a substantial investment in purchasing the banners, they probably would want to have them up for a certain period of time.  He said he had not discussed this clause with anyone at the University, and thought that time period may have been in an old agreement.    Mr. Coffman believed the current banners were fine, and these would probably be fine as well.
    Mr. Campbell stated the banners have been an attractive addition to the campus.
    Mr. Kruse said he would support the request, but asked if any institution or business could ask to have their advertisement on a street pole.  Mayor Hindman said the City would have the right to approve any such request.  Mr. Boeckmann explained that there are some provisions in the sign ordinance relating to banners.  He said it would be preferable to address this issue in the sign ordinance, but the University was in a hurry.  He said it would have to go through Planning and Zoning if the Council wanted to amend the sign ordinance to address the banner issue specifically.  Mr. Boeckmann suggested that this is one area in which some policies could be established the next time changes are made to the sign ordinance.
    The vote on R199-98 was recorded as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO: NO ONE.  Resolution declared adopted, reading as follows:

R200-98     Authorizing an agreement with UMC for police assistance.
    The resolution was read by the Clerk.
    Mr. Beck explained that the University is requesting police services during football games.  He said Chief Botsford has had discussions with University personnel to figure out the best way to handle this request.
    Chief Botsford explained that the University requested that both the Police Department and the Boone County Sheriff's Office provide some extra police service for the next three home games.  He said the University initially wanted to hire off-duty officers, but they could not arrange that within their guidelines.  The University then asked if the City could employ these officers at an over-time rate, and they would reimburse the City.  Chief Botsford said the staff has no concerns with the request.
    The vote on R200-98 was recorded as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO: NO ONE.  Resolution declared adopted, reading as follows:

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

B306-98     Approving the final plat of Providence North, Plat No. 3.
B307-98     Approving the final plat of Garden City, Plat 9.
B308-98     Approving the final plat of Sheltered Workshop Subdivision, Plat 2; granting a variance to
                    the subdivision regulations.
B309-98     Approving a replat of Lot 58 of Country Club Villas II.
B310-98     Approving a replat of Lot 79 of Country Club Villas III.
B311-98     Rezoning property located at 202 Old 63 North from R-1 to O-P.
B312-98     Rezoning property located on the north side of East Walnut Street, east of Old 63 from R-3
                    to O-1.
B313-98     Rezoning property located on the north side of Waco Road, between Brown Station Road
                    and the Columbia Terminal Railroad, from M-1 to C-3.
B314-98     Vacating emergency access and utility easements west of Conley Road.
B315-98     Voluntary annexation of property located on the east side of Bearfield Road, south of
                    Nifong Boulevard; establishing permanent M-C zoning.
B316-98     Accepting conveyances for utility purposes.
B317-98     Vacating water utility easements.
B318-98     Authorizing an agreement with Boone County and the acquisition of easements for the
                    construction of the Oakland Gravel Road improvement project.
B319-98     Authorizing acquisition of easements for the construction of the Conley Road
                    improvement project.
B320-98     Approve the transfer of control of TCI Cablevision of Missouri, Inc. from
                    Tele-Communications, Inc. to AT & T.
B321-98     Authorizing an agreement with the Missouri Department of Health for the WIC
                    supplemental food program; appropriating funds.
B322-98     Amending Chapter 2 of the Code to change the name of the Commission on Bicycling to
                    the Bicycle/Pedestrian Commission and expanding the membership and duties.

REPORTS AND PETITIONS
(A)     Intra-Departmental Transfer of Funds.
    Report Accepted.

(B)     Northland Acres Lots.
    Mr. Beck explained that the Council had asked the staff to look at finding a way to assure that some right-of-way might be available for the continuation of a greenbelt through the area, with a possible trail connecting to Oakland Park.  He noted that a sketch was attached to the report indicating the lots in question.  He said the Council would need to decide if staff should pursue acquiring parts or all of the lots.
    Mr. Janku said there is strong interest in the neighborhood for people wanting to have access to the trail.
    Mr. Janku made the motion that the staff be authorized to enter into negotiations.  The motion was seconded by Mr. Kruse and approved unanimously by voice vote.
    Mayor Hindman remarked this is a perfect example of why there should be access between the cul-de-sacs.  He said people who do not live more than a few hundred feet away from the trail will be forced to go out to the street and down to the end of another cul-de-sac to access it.  He thought this to be ridiculous.

(C)     Joint City/County Road Projects.
    Mr. Beck explained that this relates to joint projects that are planned with the County Commission on Oakland Gravel Road and Scott Boulevard.  He said the report is on the agenda in order to provide the staff with some direction in pursuing some type of formal agreement with the County Commission as to funding for the projects,  and to establish a time frame for payments in order to avoid any misunderstandings as the projects proceed.   Mr. Beck reported that staff felt the Oakland project has been worked out.
    Mr. Campbell said that Scott Boulevard is a very dangerous, heavily used road.  He urged that the City and the County move forward as rapidly as possible.
    Mr. Beck said before setting a hearing on the Scott Boulevard project, there should be an understanding of how it would be paid for.  The City's portion for this project had been included in the capital improvement plan.
     Mr. Campbell made the motion  that the staff be directed to formally meet with the County Commission to determine or confirm their participation commitment for the Scott Boulevard roadway project.   The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.

(D)     Proposed  Revision to Zoning Ordinance for Adult Entertainment Businesses.
    Mayor Hindman assumed this issue called for a work session.   Mr. Janku agreed.  He said it is a very thorough report and that there is a lot of information from other cities in it.    Mayor Hindman said the Council would need to meet fairly soon as the moratorium had only been extended to the first meeting in December.
    Mr. Campbell asked if the 500 feet and 1000 feet divisions were set by law.  Mr. Boeckmann said the cases do not deal with that directly.  He said it is a question of how much territory is left over .  Mr. Campbell inquired whether the Council could have a report on other alternative dimensions when they meet for the work session.  The reply was yes.
    Mrs. Crockett asked if any other cities have allowed this type of business in additional zoning classifications.   Mr. Boeckmann stated an overlay zone is a possibility.  He reported the Council would have to decide where specifically in town to permit these businesses, and then create an overlay zone to designate this.   Mrs. Crockett said she just want to know if other cities allowed adult entertainment businesses in anything other than a C-3 or M-1 zone.   Mr. Boeckmann said he was not aware of any.  Mr. Patterson said he knew the Planning and Zoning Commission looked at other ordinances, and he did not recall seeing any in other zoning districts.
    It was decided that a work session would be scheduled shortly.

(E)     Public Health Facilities.
    Mr. Beck commented that he had indicated during the budget discussions that half of the estimated cost of a proposed facility had been shown in the Capital Improvement Plan.  He said a facility has not been totally defined yet, so the estimate could either go up or down.  Mr. Beck would like to see the project move forward and thought the best way to do so would be to formalize the process by sending a proposal to the County Commission.  He said the County then could respond to it.  Also, he suggested discussing five issues with them such as the location of an expanded public health facility, what operations would occupy the building, ownership and financial participation of the operation and structure, the administrative structure, and a time line for proceeding.  Mr. Beck said he would like to see the time line moved on as rapidly as possible.  The report indicated estimated costs of the two alternate locations discussed earlier.
    Mayor Hindman made the motion that the staff be directed to formally meet with the County Commission on the issues and report back to the Council.  The motion was seconded by Ms. Coble and approved unanimously by voice vote.

(F)     Zoning Ordinance Report.
    Mr. Beck explained that this report has to do with a question that came up when the Boone Hospital staff had contacted him regarding the possible relocation of office workers to Hillcrest Hall on the Stephens campus for an approximate two year period.   He said the property is zoned R-3,  which does not allow for office uses.   The suggestion is to make an amendment to the zoning ordinance which would authorize the Board of Adjustment , after public hearing, to allow for offices in an R-3 area.  He said it could be made as restrictive as the Planning and Zoning Commission and Council would like to make it.  Mr. Beck felt this would be a better alternative than possibly requesting rezoning for office use in the institutional area.  He said it would take about five months to get through all of the processes by the Commission, the Council, and the Board of Adjustment.
    Mr. Janku made the motion that the issue be referred to the Planning and Zoning Commission for development of a zoning ordinance amendment that would allow office use within an R-3 district, subject to conditions.  The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.

BOARDS AND COMMISSIONS
    None.

COMMENTS OF THE COUNCIL, STAFF, AND PUBLIC
    Ms. Coble complimented the team work between the Police Department and the Parks and Recreation Department.  She had been in the police department the other evening and saw that the beat map had been enlarged to give people indications of where the different districts are, and who the different law enforcement officers are on each beat by shift.  She asked if a beat map of the same size could be made available to Council members.  She felt it would help them respond to questions.  She also asked if an overlay could be made that would show where the neighborhood associations are located.  Ms. Coble suggested this map could also be sent to the different neighborhood association presidents.  Chief Botsford thought something could be worked out.
    Ms. Coble asked for clarity on how the process is set up for ticketing individuals who have unlicensed , inoperative vehicles that are not covered by tarps.  She has received several calls about the process, which seems to be something that is fairly much driven by complaints from other citizens.   She said those who have had calls made on their vehicles discover there are many other uncovered and non-functioning or non-licensed vehicles throughout the City.  These individuals are confused as to why they are going through the Municipal Court process on a summons and others are not.  She asked for a staff report or clarification on how the City might establish a procedure that is not solely complaint driven.
    Mr. Janku said about a year ago he had inquired about street lighting on Oakland because of the proximity to Lange Middle School.  It was indicated that because of the uncertainty of the engineering, it probably would not be economically feasible to put street lights on the poles as these might be removed as part of the street project.  He asked if staff could ascertain as to which poles would be left in place so lighting could be added.  Mr. Janku wondered if lights could be put in before the project is begun.
    Regarding TCI and the bill introduced this evening requesting transfer of control, Mr. Janku said there is some question as to the City's authority.  Mr. Coffman suggested the City solicit some expert advice.  He asked if the staff could look into what might be done since there was  little time.   He suggested the staff look into what  action other cities in Missouri being affected by the merger have done.   Mr. Boeckmann thought he knew what they are looking for, and he would check around the state to see what is happening.  Mr. Coffman asked if the Council would receive some kind of guidance by the next meeting.  Mr. Boeckmann said he would have something for them.
    Mr. Coffman made the motion that the staff investigate what other cities are doing and seek expert guidance regarding the merger request.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. Campbell said two weeks ago the City had a very successful Fall Festival.  He complimented the City staff and the Cultural Affairs Commission for their hard work.  He noted a lot of volunteers spent many, many hours on it.  Mr. Campbell observed, as well as hearing comments by commissioners, that the Festival has outgrown its present location.
    Mr. Campbell made the motion that the staff and the Commission be asked to  examine the concern and make a recommendation to the Council, shortly.  The motion was seconded by Mr. Janku.
    Mr. Janku thought the Commission was going to be doing some sort of evaluation.  Mr. Campbell said they are going to do that, but he would like the staff to do the same.  He said if it was necessary to close streets, he wanted that indicated so the planning process could begin fairly early.
    The motion made by Mr. Campbell, seconded by Mr. Janku, was approved unanimously by voice vote.
    Mr. Kruse said he had sent a memo to staff regarding concerns about speeding on Huntridge Drive, at the Fox Pointe development.  He had asked about the possibility of some traffic calming devices.  Mr. Patterson said staff is currently in the process of working on a list of 24 problem sites, and this is one of the locations.
    Regarding the parking situation on the north side of Broadway, Mayor Hindman said before he was on the Council there had been a parking study performed.   He said the lot he parks in, behind the Wabash Station, has been reduced in size due to the construction of the new fire station.  He understood when the SBD wanted to give up their parking spaces, there was concern that the lots had already been over-sold.  He suggested that staff look at the parking situation north of Broadway, taking a long-term strategy approach to determine what ought to be done.  Mr. Beck explained that the parking plaza had been designed to go up another level, and there is an estimated cost of doing that.  He said that was one of the issues addressed in the latest study.  Mr. Beck asked Mayor Hindman if he was referring to the entire area north of Broadway (from east to west) to see if there are some pocket areas not fully occupied that might be made into public lots.   He said that could be done by updating the last study that was done.   Mayor Hindman said he was not ruling out the possibility of another garage.  In the long run, he thought there needed to be more parking available in the downtown area.
    Mr. Campbell thought staff should look at the larger picture of the entire downtown parking situation.  He said there are two new garages and a third one being renovated.  He has been very impressed over the last couple of years with the development of Flat Branch and other areas.  In part, Mr. Campbell felt the development is a result of the investments the City has made.  Mayor Hindman agreed.   Mayor Hindman made the motion that staff be directed to obtain a formal parking study, from College to Providence.   The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
    Greg Ahrends, 1504 Sylvan Lane, thanked the Council and staff for their efforts on Route B.   He recently had been driving in the Creasy Springs area (where the new roundabouts are planned), and is concerned about the lack of sidewalks for people who walk to the park.
    Mr. Janku commented that the Council had asked Mr. Patterson to look into the pedestrian access at this location.  He reported the state is building the roundabout, but the City is hopeful some of the suggestions will be incorporated as part of the project.
    The meeting adjourned at 9:30 p.m.

                                                                                                  Respectfully submitted,

                                                                                                  Penny St. Romaine
                                                                                                  City Clerk