NOVEMBER 3, 1997

    The City Council of the City of Columbia Missouri, met for a regular meeting at 7:00 p.m., on Monday, November 3, 1997, in the Council Chamber of the City of Columbia, Missouri.  The roll was taken with the following results:  Council Members HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, and COFFMAN were present.  The City manager, City Counselor, City Clerk, and various Department Heads were also present.

    The minutes of the regular meeting of October 20, 1997, were approved unanimously by voice vote on a motion made by Mr. Janku and a second by Mr. Campbell.

    Upon his request, Mr. Janku made the motion that Mr. Kruse be allowed to abstain from voting on B311-97.  The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
    The agenda, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Ms. Coble and a second by Mr. Campbell.

1.      Presentation of Distinguished Fellow Award - Richard Green, Director of Parks and Recreation.
    Mayor Hindman explained that Mr. Green had been awarded the Distinguished Fellow Award from the National Parks and Recreation Association.  He noted that this is an extreme honor as it is the highest award given by the Association.  Mayor Hindman called Mr. Green to the podium and summarized remarks from the Association's bulletin.  He said under Mr. Green's leadership, the City of Columbia Parks and Recreation program has truly been outstanding.  Mr. Green responded it is always special to be honored by one's peers, but the award was only made possible by the maximum support from the City Manager, City staff, City Council, and the great citizens of Columbia that make this city a wonderful place to live and and work.


B300-97     Rezoning property from C-3 to M-C, property located on the southeast corner of Vandiver
                    Drive and Westfall Drive.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this request had been unanimously recommended for approval by the staff and the Planning and Zoning Commission.
    Mr. Janku commented that he had received a phone call from a nearby property owner who had expressed some concern regarding the rezoning.  Mr. Janku asked the staff to address the landscaping requirements.  Mr. Hancock replied that M-C zoning is designated as a light industrial district and, as such, requires landscaping of any outside storage.  This zoning is often recommended, as opposed to C-3, because it is less intensive and  commercial uses do not pyramid to it.  Mr. Hancock reported there is a rather tight list of uses that are allowed, and screening is a requirement.
    Mayor Hindman opened the public hearing.
    Greg Patterson, 449 W. 62nd Terrace, Kansas City, explained that he is a managing member of Grandland Development, the developer and contract purchaser of this property owned by the Westfall family.  He explained that this company has worked on four of these projects for Metz Baking Company, a family-owned company based in Chicago and Sioux City.  This business has been serving the area out of Sedalia, but growth has required expansion.  Mr. Patterson said a warehouse is currently operating in Millersburg, which is handling some of the overflow.
    Mr. Patterson said the business' use would be most comparable to a bakery, but it is not enumerated.  He explained that the products are baked in Omaha, Nebraska and transported for delivery into a facility where the trucks are parked.  From there, the products are delivered to a retail outlet or restaurant.  He said there is no warehousing as such because freshness is critical.  The day-old bread products are brought back and sold at retail in the store, which is an accessory to the use.
    Mayor Hindman closed the public hearing.
    B300-97 was given third reading with the vote recorded as follows:  VOTING YES:  HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B301-97     Establishing permanent zoning on property located generally west of Scott Boulevard
                    and north of the MKT Parkway.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this land had recently been annexed into the City.  He noted that the largest part of the property is City-owned, and this is where the wastewater plant is located.  The zoning had been recommended for approval by the staff, and by the Planning and Zoning Commission on a 7-2 vote.  He explained that Tract A (the larger tract) is owned by the City, and Tract B is owned by a private party.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B301-97 was given third reading with the vote recorded as follows:  VOTING YES:  HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B302-97     Establishing permanent zoning on property located on the west side of Scott Boulevard
                    across from Grant Lane.
    The bill was given second reading by the Clerk.
    Mr. Beck reported that approval of the zoning had been recommended by the staff and the Planning and Zoning Commission.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B302-97 was given third reading with the vote recorded as follows:  VOTING YES:  HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B303-97     Establishing permanent zoning on property located west of the King's Meadow
    The bill was given second reading by the Clerk.
    Mr. Beck commented that this approximate five acre tract of land is located in west central Columbia.  It had been recommended for approval by both the Planning staff and the Commission.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B303-97 was given third reading with the vote recorded as follows:  VOTING YES:  HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B304-97     Establishing permanent zoning on the property located generally north and west of
                    King's Meadow Subdivision.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this tract is also located in west central Columbia and it contains 156 acres.  R-1 zoning was being recommended by both the Planning staff and the Planning and Zoning Commission.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B304-97 was given third reading with the vote recorded as follows:  VOTING YES:  HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

(A)     Installation of traffic signals at the intersection of 10th and Rogers.
    Item A was read by the Clerk.
    Mayor Hindman noted that Columbia College had requested a continuance of this item as they consider alternate plans.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Ms. Coble made the motion that Item A be tabled to the November 17, 1997, meeting.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    It was noted that the public hearing would be continued to the next meeting.

B250-97     Authorizing City Manager to execute an annexation agreement with Menu Maker Foods,
    The bill was read by the Clerk.
    Mr. Beck said the property owner had initially requested a preannexation agreement for one tract of land.  Since that time, three or four more lots might be added to the original tract.  The owner is also in the process of obtaining a permit from the County to build a single family residence with a treatment facility to serve this particular piece of property.  In discussions with Mr. Boeckmann, the property owner does not want to include all the lots in the pre-annexation agreement.  The owner only wanted to proceed with the one lot at this point in time.
    Mr. Beck said staff was recommending that the ordinance be defeated.  He said the owner understood this and concurred with the recommendation.
    B250-97 was read by the Clerk with the vote recorded as follows:  VOTING YES:  NO ONE.  VOTING NO:  HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  Bill defeated.

B298-97     Approving the final plat of Oak Forest Subdivision, Block V-C, a major subdivision.
    The bill was given second reading by the Clerk.
    Mr. Beck commented that this property is a little less than an acre in size and it did not require Planning and Zoning Commission approval.  However, the lot layout plan confirms and was done in accordance with the preliminary plat approved by the Council.
    Mr. Campbell noted that the applicant was working with the staff on a means to limit access to Nifong.  He asked if there had been any progress made.  Mr. Hancock said that was the reason why this item was placed under Old Business.  He said everyone was working together to gain some joint access up and down AC.  Mr. Hancock thought it was proceeding smoothly and some sort of access management could be obtained along the route.  Mr. Hancock reported both sides of the property are being considered for joint access agreements.
    Mr. Campbell said this is all part of the planning that is occurring along the junction of Nifong, Providence, and Route AC.  He hoped there would be a close look taken concerning other access points that may be needed for the property in this general area.  Mr. Campbell knew the state was trying to restrict access to Nifong, and how this would affect Buttonwood and possible development of other streets is a minor issue, but it should be made part of a larger pattern of traffic flow in the general area.
    The Council agreed this should be part of the larger planning process.
    B298-97 was given third reading with the vote recorded as follows:  VOTING YES:  HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B305-97     Vacating street right-of-way for Rockhill Road; variance to subdivision regulations and
                    accepting conveyance.
    The bill was given second reading by the Clerk.
    Mr. Beck said this request had been recommended for approval by the staff and the Commission.  He said a separate water line easement had been required.
    Mayor Hindman said it looked like a street should go through, but he understood the terrain was very rough.  He asked about preserving an opportunity for pedestrian access through the area.  Mayor Hindman reported the Council could allow the vacation of the street, but reserve an easement for pedestrian access.
    Ms. Coble explained the area in question is essentially a large, steep hill at the back of two houses.  She said a street would have to go straight up in the air and over a cliff to get to the top of the hill.
    Mr. Coffman said he had received a few calls from people concerned that something might be built in the area, and asked about the zoning.  Mr. Hancock believed the zoning is primarily R-1, with some R-2 and R-3 mixed in.  He said normally under these circumstances, the property would be divided up amongst the adjoining lot.  Mr. Coffman said, in that case, he saw nothing that would indicate construction would occur at this location.
    Mayor Hindman said he liked the idea of reserving the pedestrian access, but if it was impractical there was not much point.
    Ms. Coble said the land owners of record who are granting the easement are individuals known to the Council, and also known to support such endeavors.  She said these individuals could be contacted to determine their support.  Ms. Coble said the Council could pass this ordinance tonight, and then readdress the issue if the easement is granted.
    B305-97 was given third reading with the vote recorded as follows:  VOTING YES:  HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B309-97     Authorizing agreement with State of Missouri for grant funds for improvements to Worley
                    Street Neighborhood Park; appropriating the funds.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the City received a tire grant in the amount of $5,000 and it did not require a local match.  He said Mr. Green was planning on using the grant for playground surfacing at the Worley Street Park.  He explained that the money comes from the tipping fee sent to DNR from the City's landfill.
    Related to recycling of tires, Mr. Beck explained that there would be a recycling center for tires set-up in Columbia, without cost, at the County Public Works Garage.  It is anticipated that in eight counties, 90,000 tires will be collected.  Mr. Campbell commented that many tires are now being recycled which used to go into the landfill.
    Ms. Coble appreciated that this program will benefit one of the neighborhood parks in the first ward.
    B309-97 was given third reading with the vote recorded as follows:  VOTING YES:  HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B311-97     Amending Chapter 20 of the City Code to add the Director of Public Works to the Planning
                    and Zoning Commission.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the Council had asked the staff to draft an ordinance which would allow the Director of Public Works to serve on the Planning and Zoning Commission.  He said many years ago a Council person, the City Manager, and the Public Works Director were appointed to the Planning and Zoning Commission.  Mr. Beck reported this section in the Charter had been amended so that changes in the appointments made to the Commission are now done by Council ordinance, rather than by Charter amendments.
    Mr. Beck said consideration of the issue tonight is the result of some changes in the state legislation which affects how cities can deal with the regulation and control of billboards.  He pointed out that there are many cities in the state that have the Director of Public Works on the Planning and Zoning Commission.
    Mr. Janku thought there also had been a change in federal law, not just state law, that could allow billboards on additional roadways in Columbia.  Basically, this is a technical change that affects Stadium and Providence.  Mr. Janku reported without a change to the ordinance, the City would lose control over billboards.
    Mr. Campbell asked if the ordinance could be amended by not allowing the Director to vote on an issue that would be perceived as a conflict of interest.  For example, this individual cannot make a recommendation to the Commission and then also be allowed to vote on it at the Commission level.  Mr. Boeckmann said the Council could probably make some amendments, but in the situation just described, he did not feel that would be a conflict of interest.  He said it would simply be someone making a recommendation to the Commission, and then sitting on the Commission and recommending the same thing to the City Council.  Mr. Boeckmann said usually when one thinks of a conflict of interest, it has more to do with financial conflicts.  Mr. Campbell asked how that could be worded.  Mr. Boeckmann asked if he was referring to a situation in which the Public Works Department has made a recommendation.  Mr. Campbell said that was correct.  Mr. Boeckmann said Public Works makes recommendations on just about every plat, i.e., whether or not roads are in compliance.  Mr. Hancock also reported that Public Works provides input on every item that goes before the Commission or Council that is processed according to Subdivision Regulations.  Mr. Campbell said he was thinking about the concern on the part of the public that an applicant would be getting two strikes; one when the Director makes a recommendation, and the second when this individual votes at the Commission level.
    Mayor Hindman suggested recording the vote of the Public Works Director separately.  He said it was only a recommendation and would allow the Council to determine the citizen's vote totally independent of the vote made by the Public Works Director.
    Mr. Coffman asked if the ordinance would need to be amended to do that.  Mr. Boeckmann said he did not think that was necessary.  Mr. Coffman supported the idea.
    Mayor Hindman said in addition, this person could be made to vote last.  This would ensure the citizen's vote was decided before the vote of the Public Works Director.  Mr. Boeckmann said that could be done by the Commission, or the ordinance could be amended.
    Mrs. Crockett asked how often billboard issues came before the Planning and Zoning Commission.  Mr. Hancock said this occurs only when the Commission is considering amendments to the Sign Regulations.  He thought the last such instance may have occurred a couple of years ago.  He said there could also be a planned commercial district where the Commission wants to prohibit a billboard or a sign.  He could not think of any other examples.  Mrs. Crockett said the Council would be appointing a paid staff member to a citizen's advisory board where it was likely this individual would have very few of the previously described issues to consider, but would still be allowed to vote on all matters.
    Mr. Janku said he was sure the Public Works Director was not looking forward to it.  Mr. Beck said nobody from the staff was campaigning to be put on the Commission.
    Mr. Janku asked in what cases the Commission would have final approval.  Mr. Hancock said the Planning and Zoning Commission has final approval on minor revisions to planned districts.
    Norman Lenhardt, 1118 St. Christopher, a member of the Environment and Energy Commission, asked what could be accomplished with this person appointed to the Planning and Zoning Commission that could not be done otherwise.  He said people could only be loaded down so much in addition to their regular duties, and wondered what would be gained.
    Ms. Coble said Columbia would be in compliance with a recently passed state law which permits authority to regulate billboards that might be proposed for state roads that traverse our city.  Mr. Lenhardt asked if this input could just be given in the form of a written report.  Ms. Coble explained that the state law says this individual must be appointed to the Planning and Zoning Commission, or the City would have no ability to regulate billboards.  Mr. Lenhardt said if the state law dictates this person must be appointed, then the Council should just do it.
    Mr. Campbell asked if he understood that it would not be necessary to amend the ordinance for the Council to stipulate that the Director's vote be recorded separately, and the Council could suggest that the staff member should vote last.  Mr. Boeckmann said that was correct, and neither of those stipulations would require amending the ordinance.
    Mayor Hindman asked how the Council could ensure that would be done.  Mr. Hancock suggested making it clear to the Commission by having them amend the by-laws.
    Mr. Campbell said this was not a very desirable choice to make, but with the stipulations, he could vote for it.
    Mr. Coffman said he also saw this as an awkward choice, but considering the Director would only be one of ten votes and would be clearly designated as such in the advisory recommendation given to the Council, he thought that vote could be considered for what it was worth.  He was hopeful this would only be a temporary situation, and that the initiative petition to give more local control over billboards would pass shortly.
    Mayor Hindman was concerned about the Commission having final vote.  He said the Council likes to have a citizen's vote on those issues and asked if there was any way this could be dealt with.  Mr. Boeckmann said an attempt could be made to restrict the Director's vote to only those instances in which it is advisory to the Council.  He thought it probably would never make any difference and wondered if anything would be gained by doing that.  Mayor Hindman said voting last may be sufficient to handle his concern.
    Ms. Coble said she would like the record to be clarified because in some of the publicity in discussions throughout the community about this issue, it sometimes was characterized as not being reflective of the majority of the Council's will to have a say on billboards being added to the City.  She thought that was a sentiment shared by most of the Council -- the City should have control over any billboards proposed along Providence, Stadium, or College.  She said another point was the language being used in this discussion and in the media regarding citizens being viewed as somehow different from City staff.  She said City staff are also citizens of this community and they have the technical expertise.  Ms. Coble said she had no fears that a citizen's advisory board would be in any way compromised by the participation of one voting member, who also happens to be a staff member with exceptional expertise in the matters at hand.
    Ms. Crockett said as far as she knew, this amendment had not even been discussed with the Planning and Zoning Commission to gauge how they felt about the Council putting a paid staff member on their board.  She said if the Director has a very strong feeling about a preliminary plat, or whatever, she was sure the Commission's vote could be persuaded.  She saw that as a conflict of interest.  Mrs. Crockett felt it would not be too much longer before the issue would be taken care of at the state level.
    B311-97 was given third reading with the vote recorded as follows:  VOTING YES:  HINDMAN, COBLE, JANKU, CAMPBELL, COFFMAN.  VOTING NO:  CROCKETT.  ABSTAINING:  KRUSE.  Bill declared enacted, reading as follows:

R132-97     Approving the preliminary plat of Stoneridge Estates Phase 1, and granting variances.
    The resolution was read by the Clerk.
    Mr. Beck explained that this item had been tabled from a previous meeting.  He understood a revised plat had been brought in and said that Mr. Hancock had prepared a memo based on the most recent revisions.  Mr. Beck asked Mr. Hancock to explain the amendments.
    Mr. Hancock reported that this preliminary plat was currently comprised of 57 lots.  The Planning and Zoning Commission had considered a preliminary plat of this property last summer, and had recommended approval of the plat as drawn, along with the variances to street names and the maximum cul-de-sac length.  He said the original plat had designated Woodcrest as being approximately 900 feet in length, with the resolution stipulating 750 feet.  All of the provisions of the cul-de-sac length resolution were met, with the exception there were no pedestrian connections shown at the end of the cul-de-sacs running north off the property.  The second issue concerned the street names.  JCIC opposed the names Woodcrest and Woodvale because it was felt they would be confused with many other streets in the community beginning with "Wood".  In addition, Mr. Hancock reported the residents of the subdivision to the east do not want the subdivision connected with Dayspring Drive.  He said the Commission's recommendation includes approval of the plat with the provision that the subdivision not be connected to Dayspring Drive until another connection is established somewhere in the vicinity of Scott Boulevard, and that the variances be approved.
    Mr. Hancock stated the staff's primary opposition to this plat centered around the extension of Louisville Drive.  Louisville Drive, as shown on the Major Thoroughfare Plan, is a collector street which provides circulation to the west of Scott Boulevard in that particular area.  Staff felt the need for collector circulation was fairly obvious, and believed the Major Thoroughfare Plan needed to be followed as much as possible.  This provides guidance on decisions relative to the City's most important transportation means -- that being private vehicles and pedestrians in transit in the community.
    Following the Commission action, Mr. Hancock said the plat was scheduled for Council consideration.  He said the Public Works Department prepared an extensive memo on the alignment issues of Louisville Drive.  He said the staff had provided three scenarios where Louisville Drive could be located on the particular tract in question.  It was suggested that if a straight alignment was not acceptable and could not work in this case, that offsets be pursued as a way to continue the collector street system in the area.
    Mr. Hancock displayed a proposal on the overhead and said the Council had also been provided with copies of it.  He explained that his October 30th memo to the Council summarized some of the differences between the original proposal and the one the subdivider wants considered this evening.  He noted that the Louisville alignment had been removed and replaced by a new collector street alignment, in essence Louisville.  He said the future Louisville is shown at the bottom of the plat.  Stone Valley Parkway was, in essence, Louisville with an offset.  It is hoped that one day it will connect with West Broadway.  Mr. Hancock reported Stone Valley would connect to the south with Windmere, which goes into The Hamlet and would provide a good four-way intersection.  This street is shown as a half width right-of-way north of Woodvale.  Should the street be constructed under this proposal, he said it would likely be constructed by the City and we would have to acquire the other half width right-of-way from the Church.  If homes are built in that area someday, the street would more than likely be a surprise to everybody and it could be difficult to construct.
    Mr. Hancock reported that the connection to Dayspring and King's Meadow had been removed.  He said the plat shows only one access into the now 57 lot subdivision.  He noted that the staff remains opposed to the lack of connection to the overall street system in the area, and the distance (about one-half mile) from Smith Drive to the end of the cul-de-sac.  He said if the connection to Dayspring is not acceptable and opposed by the neighbors, then connecting Woodvale to Smith Drive should be required.  He explained that there have been private pedestrian easements shown extending north of Woodvale and Woodcrest and added that he did not know if they were acceptable to the Council.
    Mr. Hancock noted that the street names were still a problem for JCIC and, in addition, there is now Stone Valley Parkway which is also opposed because of other streets in town beginning with "Stone".  He said it was felt that the maintenance of the median in Stone Valley Parkway could be a problem.  He explained that Public Works wants it accepted for the right-of-way so that the City does not have to maintain it.  He said breaks in the median should be planned for future intersecting streets in the area.   Mr. Hancock pointed to Lot 159 and noted that it is labeled a greenspace buffer -- to buffer the lots from the street right-of-way.  He said that Public Works was concerned that it would confuse future tax billing efforts for the construction of Stone Valley.  Staff would probably want to see non-access easements indicated on the final plat for those lots that back onto the future Stone Valley Parkway.  Although the memo to the Council recommends disapproval of this preliminary plat, Mr. Hancock pointed out that the developers had gone a long way toward accommodating alignment and roadway concerns within their ability.
    Mr. Janku asked about the future construction of streets and whether it would be at the City's expense.  Mr. Hancock said from looking at the plat, there is adequate right-of-way to build the collector street (66 feet of right-of-way) on the north side of Lot 143.  He said the street would be built according to the City's construction policies for cost sharing of boundary streets.  He pointed out where the City has only half width right-of-way, from the north edge of Lot 143 to the north boundary of the preliminary plat.  In order to have the collector street width, it will be necessary to obtain another 33 feet from Christian Fellowship Church.  As proposed, the alignment does not lie fully on their property and, therefore, right-of-way dedication would not come fully from Stoneridge Estates.  He said if the City wanted the street put in, we would have to rely on one of two things; the property subdividing thus gaining right-of-way through dedication, or the City acquiring the right-of-way and building the road.  Mr. Janku said normally the developer pays for these costs.  Mr. Hancock explained that the road would be a boundary collector street, so there are some differences in terms of width and thickness to where the City participates.  He presumed there would still be tax billing following acquisition to build the street.  Mr. Hancock explained that he was referring to the right-of-way acquisition being an additional cost, or would have to occur prior to the City putting in the street.  Mr. Janku asked whether the Church and the adjoining home owners would be tax billed.  Mr. Hancock said whomever owns Lot 159 would be tax billed.  He referred tax billing questions to Public Works.
    Mayor Hindman asked if the Church was on Lot 159.  Mr. Hancock said it was not.  He explained that the church lies on the west side of the proposed road.  Mayor Hindman said it would not be worth the tax bill.  Mr. Campbell pointed out the 500 foot maximum.
    Don Stohldrier, the developer, responded to the staff's concerns.  Regarding the connection between Smith Drive and the future extension of West Broadway, he sensed the Council's concern was the half right-of-way that will need to be obtained from the Christian Fellowship Church.  Mr. Stohldrier felt he had done everything he could possibly do -- agreed to build 1,300 feet of collector street they have no need for, given 1,300 feet of the Parkway, and given the half width for that section of street to be built.  This is not felt to be a burden for the Church, and this issue had been discussed with them.  The Church had said they would not oppose giving the right-of-way for the street to go through, as long as they would have access to it when it is built.
    Regarding the plat having only one means of ingress and egress, Mr. Stohldrier said the subdivision is stubbed to adjacent property and there are other stub streets planned when the additional cul-de-sac is constructed.  He said there will be a second entrance to the subdivision.  He said as long as a stub is established to the adjacent property, that constitutes a second entrance will be built at some point.
    Mr. Stohldrier said he would still like to retain the street names of Woodvale and Woodcrest and, at some point in time, street names are going to start sounding a lot alike.  He did not see it as a problem and added that Planning and Zoning seemed to agree.
    Mr. Stohldrier reported the requested pedestrian easements had been included, but they will oppose any kind of a public pedestrian easement.  The purpose of the easements is to allow residents to have access to greenspace and trails, this is not to be inclusive for the public.  It was perceived the best way to do this is through private easements, and it was understood the City did not want to have that land dedicated to them.
    Mr. Stohldrier addressed the next concern, which was the potential connection of Woodvale Drive to Smith.  He indicated it would be preferable to have the cul-de-sac because he felt it would make for much more desirable lots and people seem to like cul-de-sacs.  He said if the street was brought out to Smith Drive, that would relieve any need to build the parkway.  He said there was no need to build the 1,300 feet of parkway to get to that entrance if residents would be going out the other way.
    Mr. Stohldrier said the maintenance concern regarding the island had been discussed.  It was agreed that the median should not be part of the right-of-way.  This issue would be handled like a typical island one would have at the entrance of a subdivision in which the homeowners association would maintain it.  An agreement is being developed between the three pieces of property that would maintain it.
    Mr. Stohldrier reported the reason construction is shown to stop on Stone Valley Parkway at Lot 143 is because there is about a 20 foot fill there, and substantial dirt work would have to be done at that location.  Mr. Stohldrier said easements or right-of-way had not been obtained, and it was next to impossible to build a street out to a point and stop it.  The proposal is to stop the road at a reasonable point where the terrain would allow construction, and then complete it when the rest of the extension is built.
    Mr. Stohldrier explained that the two lots that were shown to be without sanitary sewer had just been an omission.  He said this had been a computer error and a sewer is certainly intended.  He said tree preservation would be addressed on the final plat.  Regarding the concern on Lot 159, Mr. Stohldrier reported a lot had been created at this location so as to have control of the easement.  The purpose is to maintain the 30 foot greenspace with trees as a buffer.  The homeowners association would own the lot and have total control over the area.
    Mr. Campbell asked if Mr. Stohldrier would object to Lot 159 being billed as though those lots extended through.  Mr. Stohldrier said he would not oppose it; however, it would not be his preference.  He preferred that it not be billed because of all the up-front costs they will be absorbing.
    Mr. Janku asked if there were bicycle lanes and sidewalks down both sides of the parkway.  Mr. Gebhardt, an engineer, said there were bicycle lanes and sidewalks on both sides.  He said it would consist of typical construction with a median in the middle.
    Mrs. Crockett asked if the stub street that comes out to Smith Drive was in Plat 2.  Mr. Stohldrier said it was.  Mrs. Crockett asked if he would be opposed to leaving Lots 101, 102, 103, and 157 open until Plat 2 was built so the street could come out to Smith Drive in case it was never constructed.  Mr. Stohldrier said he would be opposed because these are very marketable lots and he would like to have them available for sale.  He informed the Council that he could not afford to purchase a $300,000 piece of land with no intentions of developing it because he did not want to construct a stub street to it.  Mrs. Crockett said she had meant if something happened that caused him to not be able to develop Plat 2.  Mr. Stohldrier said if he did not follow through for some reason, the next developer would carry on with it.  He said the City would require a stub when the land is developed.  Mrs. Crockett asked if the development contained 59 lots.  Mr. Gebhardt said it was really 57 lots as two are designated as common area.  He also explained there is an ordinance that allows 100 lots to be accessed off of one entrance.  He said this development is at 57% of that, which placed them well below the requirements.  As far as it being one-half mile in to the furthest point, Mr. Gebhardt said an example of that would be Bluff Creek Estates.  He said there is one entrance into the residential portion, and there will not be a second entrance until a bridge is built across Grindstone.  He did not think this would be a bad situation.
    Mr. Janku asked if there are any plans to purchase the property where the Broadway extension is planned.  Mr. Stohldrier said he had no plans to buy it at this point in time.  He added that it is owned by Joe Tosini and was basically flood plain greenspace with no development value.
    Scott Williams, Associate Pastor with the Christian Fellowship Church, 101 Dayspring Drive, said they had talked to the developer about the possibility of a street going in behind the Church.  At this time, he said the Church would not have a problem with that as long as they were guaranteed access to the street.  He said the Church would also like to have some sense of what costs would be assessed against them.  Mr. Hancock said he did not know what present day costs were.  Mr. Janku suggested getting Mr. Williams some information.  Mr. Williams said they had no plans to develop the land, except possibly making additions to the current building.  He reported the Church is willing to work with the developer, but would like to know what kind of monies would be involved.
    Tony Prater, 212 Dayspring Drive, President of the King's Meadow Neighborhood Association, said their concern with the preliminary plat had been the extension of Dayspring south and, while this plat does not show that area, he said his understanding was that a concept plan for the property due south of King's Meadow shows no connection of Dayspring to the Tosini property.  He said the Association felt it would be desirable to keep Dayspring as a stub, as is currently, so additional traffic would not be routed into the subdivision.  In that respect, Mr. Prater said this plat was superior to the earlier one.
    Mr. Janku asked Mr. Prater if he was familiar with what was planned for the land to the south.  Mr. Prater said he was shown something before the meeting and perhaps Mr. VanMatre could describe it.  He said what he had seen was very rough and it appeared that Dayspring would remain the way it is now.  The drawing was displayed on the overhead and it showed the street as a cul-de-sac.  Mr. Prater said the Association would be satisfied keeping it the way it is presently.
    Craig VanMatre, an attorney, spoke on behalf of the owner and contract seller to Mr. Stohldrier.  He said the current plan and future proposals before the Council are the culmination of many months of bargaining with various interested parties.  He said it may not represent the optimal solution in so far as City planning and traffic flow is concerned, but from all of the interested aspects, it does represent the best plan in terms of economics and what the neighbors want.  He said there is not a final plan at present, but shortly they will submit a proposal for the area immediately to the east of the subject tract.  He said it is hoped this tract will be developed with higher density residential and neighborhood commercial, but it had been decided to fight one battle at a time.   Mr. VanMatre said the owner wanted to get this property closed and then hold discussions with the neighbors regarding the plans to the east.  One of the linchpins to the agreement was not to bring Dayspring through, so this was one of the keys to having made the deal.  Mr. VanMatre said Stone Valley Parkway is seen as being a significant advantage for the Church because it is presently accessed through just one road off of Scott Boulevard.  With Stone Valley Parkway connecting to West Broadway at some point in the future, a new and superior access will be available to the Church.  They felt this would enhance the value of both the Church property and the neighborhood property.  He said there were three things that would upset the deal:  One was if Dayspring would have to go through; another was if the Woodvale cul-de-sac had to come down and connect to Scott Boulevard; and the last was moving Spring Valley.
    Mayor Hindman asked what would happen in the southeast corner.  Mr. Stohldrier said it was currently zoned for single family homes and, as far as he knew, that was the intent.  He said the homes would be a little bit smaller.
    Mr. Campbell stated his concerns had been addressed by all parties and presumed, regarding the median, that the final plat would have a stipulation on it indicating that it would be maintained by the homeowners association and not by the City.  He said both sides have tried to work with each other and they have largely succeeded.  While not a perfect development by any means, Mr. Campbell felt it was a workable one.  He urged passage with stipulations.
    Mr. Janku said the plat was better than it was before, but felt some of the issues needed to be finalized first.  He said the Church representatives also wanted some more information before committing to anything.  Mr. Janku still had some concerns he was hoping could be addressed.
    Mr. Campbell said there was something else that should be stipulated on the final plat, and he felt many of the issues could be addressed at that time.  He thought the tax billing on the lot mentioned earlier should be the same as though it belonged to an abutting property owner.  He did not think the City should treat it as one long lot.  Mr. Janku said he did not know if that could be done on the final plat, or if a separate agreement would be in order.
    As far as the median is concerned, Mr. Gebhardt noted that many of the new subdivisions have entrance islands.  He said the current practice on plats was to accept the medians from the right-of-way as a limited common area, which transfers to the homeowners association for continual maintenance.  He did not know of any entrance islands that have been a problem.  Mr. Janku said he knew of one that is a problem and it has been suggested that it be paved over.  Mr. Gebhardt said all that was being proposed for this median is grass and trees, nothing elaborate as far as landscaping.  The only maintenance that should be required is mowing.  Regarding the tax billing, Mr. Gebhardt explained by ordinance the only cost that could be billed would be curb and guttering.  He thought that cost currently may be $12 or $13 per foot.  As the Church has two platted properties, they would get billed twice for each of the 500 feet.  This may total $12,000 to $13,000.
    Mayor Hindman asked Mr. Gebhardt what his understanding was of the private homeowner association pedestrian easement.  Mr. Gebhardt said that had been an attempt to reach a compromise.  He said it was understood there are a lot of people who want easements; however, there are some who do not want pedestrian easements next to their home.  It was thought if the easements were private and controlled by the homeowner association, it would limit the access of those who do not live in the subdivision.  He said the trail would be accessible by the neighborhood, and still give those people who reside next to them a sense of security.  Mayor Hindman asked if it was their intention to put something through there for the neighborhood to use.  Mr. Gebhardt said it was.  Mayor Hindman said the Woodvale cul-de-sac seemed unusually long.  Mr. Gebhardt said the only cul-de-sac in violation of City Code was the center one and a variance had been requested.  He said Woodvale, because of the stub street of Elmwood, does not qualify as an excess length.  He said it may appear to be in violation because of the initial street system that will be in place, but once a system has been constructed, Elmwood will act as a second access for Woodvale.  Mayor Hindman wondered about the possibility of a private homeowners association pedestrian easement down to Smith Drive from the end of Woodvale.  Mr. Stohldrier said that would be fine.  Mayor Hindman said that would be a major improvement.  Mr. Gebhardt said this private pedestrian easement could be shown on the final plat.
    Mr. Coffman asked about the street names.  Mr. Gebhardt said Mr. Stohldrier said he would like to have the names remain as had been submitted, but it would not be a make or break issue.  He said at some point the council will have to address the "sound alike" problem.
    Mr. Janku said the name he was most concerned about was Woodcrest.  He referred to Woodcrest Chapel and said it was a well-known facility and fairly large in terms of traffic.  He thought that could create some degree of confusion.
    Mr. Campbell thought the Council should move ahead with the understanding that stipulations would be placed on the final plat.
    Mr. Janku said he was hesitant to grant approval because a change might come in at the last minute and then the Council will not have the time to give it proper consideration.  He was concerned about trying to correct problems further down the road.  Mr. Janku said in two weeks staff could properly outline stipulations that will avoid any ambiguity.  He said this is a significant development and would set the tone for the whole area.  He wanted to see some agreements regarding who was going to do what, and whether or not these would appear on the final plat.  Mr. Janku wanted to see more of a commitment from the Church regarding the cost of the tax billing, and their willingness to dedicate the right-of-way.
    Mrs. Crockett said if these issues could be worked out tonight, the developer would not be delayed by another two weeks.  Mr. Janku felt the amendments are significant enough that the Council should have the right to review and consider these without feeling like they are under a tremendous deadline.  Mr. Janku said the process should be better than this and any amendments needed to be spelled out.  Mrs. Crockett asked Mr. Stohldrier if he felt issues that needed to be addressed on the final plat had been spelled out clearly enough.  Mr. Stohldrier said he would think so.
    It was decided that a break would be taken in order for both sides to come up with a list that could be agreed upon.
    Mayor Hindman asked Mr. Hancock to reiterate the major objections.  He then asked Mr. Boeckmann to read the proposed amendment.  Mr. Boeckmann explained that it would be an amendment to Section one of the resolution and would add the following language:  "This approval is given subject to the following additional conditions: 1. A private pedestrian easement shall connect Woodvale Drive to Smith Drive;  2. Lot 159 shall be divided into two lots of approximately 500 feet in length each;  3. The islands in Stone Valley Parkway shall not be part of the street right-of-way; 4.  The names of Woodvale Drive and Woodcrest Court shall be changed on the final plat."
    Mr. Kruse said it had been suggested that there would be some higher density residential and neighborhood commercial adjacent to the Stone Valley Parkway.  He asked whether there would be access to those future developments from Stone Valley and, if not, how it could be considered neighborhood.  Mr. Hancock said this is the first he had seen of that drawing and he did not know how access is planned to the commercial, other than off of Scott Boulevard or Smith Drive.  Mr. Kruse said everything around it should have access to it and he wondered if it would be possible to do that in the future.  Mr. Hancock said it would be a public street and he assumed access could be provided from it.
    Mr. Campbell made the motion to amend R132-97 per the suggested language read by Mr. Boeckmann.  The motion was seconded by Mrs. Crockett.
    Mr. Campbell said the issue regarding Christian Fellowship Church had been discussed, but since the Church is  not part of the party that is making the application, Mr. Boeckmann did not feel it legally appropriate to include anything regarding their plans.  Mr. Campbell said the Council heard a clear statement by the Church.  Mr. Janku said that was not a legally binding commitment on the Church's part.  Mr. Campbell said the Church had indicated a willingness to participate in giving the half right-of-way.  Mayor Hindman did not feel the Church agreed to anything.  Mr. Janku asked if the Council could, as a condition, require more dedication from the developer if the Church does not agree to it.  Mr. Campbell thought that would be very difficult as development could occur ten years in the future.  He said then the property could be owned by different individuals.  Mr. Janku said that was the point.
    Mr. Campbell said as long as the City is getting the equivalent amount of tax bill, he felt this should be encouraged.  Mr. Janku asked if the staff felt the City would be gaining the equivalent amount.  Mr. Hancock said if the City was widening the street and wanted street trees or landscaping, the Council would direct Public Works to proceed with that design and acquire the right-of-way to do it.  He thought that was what had been done with Forum Boulevard.  Mr. Campbell said there was a similar circumstance regarding the Country Club's development on Forum, which wraps around the entire development and this land is used for greenspace.
    Mayor Hindman said it appeared the bulk of staff's objections have been met.  The primary concern that has not been met is the cul-de-sac issue.  He said it was bothersome because it would be a logical place to have an entrance.  Mrs. Crockett said there would be one on the final plat.
    The motion to amend R132-97, made by Mr. Campbell, seconded by Mrs. Crockett, was approved unanimously by voice vote.
    Mr. Campbell said the neighborhood associations in the area are in support of this preliminary plat.  He said it was not perfect; however, there are desirable features he felt more than outweighed some of the problems.  He said extra money has been committed in terms of a parkway, greenspace, and relatively large lots, and Mr. Campbell felt it would be a great asset to the fourth ward.
    Mr. Janku said as a matter of process, he felt this could have been done better.  Given the significance of this development, he felt this was not a good precedent to set.  Mr. Janku said the Council had rushed decisions in the past and had made mistakes.
    Mayor Hindman noted that tree preservation was not on the list.  Mr. Campbell said it had been stated that this issue would be addressed on the final plat, and had been included as a stipulation.  Mayor Hindman asked what the difference was between what had been testified to and what the City is requiring.  Mr. Campbell said it was normal on the final plat to have tree preservation addressed.  Mayor Hindman also noted that the sanitary sewer objection had been explained.  Mayor Hindman asked about Stone Valley Parkway extending to the north of Lot 143.  Mr. Campbell said the Council had been told that it was not topographically feasible.
    The vote on R132-97, as amended, was recorded as follows:  VOTING YES:  HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO: NO ONE.  Resolution declared adopted, reading as follows:

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

B294-97     Authorizing an agreement with MO Department of Health for maternal and child health
                    services and appropriating funds.
B295-97     Authorizing an agreement with MO Department of Health for family planning services and
                    appropriating funds.
B296-97     Approving the final plat of Bluff Creek Office Park, Plat 5-C, a major subdivision.
B297-97     Approving the final plat of Thessalia Subdivision, Plat 2, a major subdivision.
B299-97     Approving a replat of Lot 86 of Country Club Villas III.
B306-97     Accepting conveyances for water utility purposes.
B307-97     Accepting conveyance for utility purposes at 6th and Cherry.
B308-97     Amending Ordinance No. 015386 which approved the PUD Development Plan for the
B310-97     Appropriating funds for the purchase of a street sweeper.
R171-97     Setting public hearing for construction of the Bear Creek Pedestrian and Bicycle Trail,
                    Phase II.
R172-97     Setting public hearing concerning storm water drainage improvements in the Mill
                    Creek/Rockbridge Subdivision area.
R173-97     Authorizing an agreement with Columbia Public Schools to provide staff for the Caring
                    Communities Program.
R174-97     Setting public hearing on voluntary annexation of property located 200 ft. east of Rock
                    Quarry and 700 ft. south of Nifong, Abernathie property.
R175-97     Setting public hearing for construction of 8-inch water main serving Heritage Meadows
                    and payment of differential costs.
R176-97     Setting public hearing on special assessments against property benefiting from
                    improvements to Eastwood Drive from Sylvan Lane to Clark Lane.

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

R177-97     Approving preliminary plat of Hyde Park Planned Commercial Subdivision.
    The resolution was read by the Clerk.
    Mr. Beck explained that this 7.9 acre tract of land would be divided into two commercial lots.  He said it had been recommended for approval by the Planning and Zoning Commission.   There is a variance being requested on the corner truncation.
    Jay Gebhardt, 711 W. Ash, explained that he was the engineer that drew up the plat.  He reported he had talked to someone this morning regarding the Highway Department acquiring the necessary right-of-way for the corner truncation from which a variance is requested.  Mr. Gebhardt had been instructed to go ahead and design the road with a narrower entrance where the truncation could be obtained on the street without the right-of-way.  If things work out, the Highway Department will have acquired that for them.  Mr. Gebhardt stated it has been worked out where the road can be built without the radius of right-of-way that is requested from the Custom Muffler site.  He offered to answer any questions.
    The vote on R177-97 was recorded as follows:  VOTING YES:  HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R178-97     Amending agreement with Boone County to eliminate part-time physician to provide
                    medical services at jail.
    The resolution was read by the Clerk.
    Mr. Sanford explained that state law requires sheriff's to provide a certain level of health care for inmates incarcerated at the county jail.  For many years, the Health Department has provided this service for the County on a contractual basis.  Mr. Sanford said the County has currently been persuaded that this can be accomplished less expensively themselves, and were asking to be relieved of this obligation in the contract.
    Mayor Hindman asked if it was true that the City had enough work to keep the physician busy without the County services.  Mr. Sanford said that was true, but added there would be a loss in revenue.  He said this agreement has been problematic in the past for the Health Department, and eliminating the doctor's services at the jail will provide more time to be spent in the clinic.
    The vote on R178-97 was recorded as follows:  VOTING YES:  HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R179-97     Authorizing an application with the MO Department of Natural Resources for a State
                    Revolving loan for construction of Interceptor Sewers and other wastewater
    The resolution was read by the Clerk.
    Mr. Beck explained that November 15 is the application deadline on this project.
    The vote on R179-97 was recorded as follows:  VOTING YES:  HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R180-97     Approving the Charter of Tenth, Hitt and Locust Association for Community Improvement
                    and recognizing it as the official neighborhood organization for the area.
    The resolution was read by the Clerk.
    Mr. Beck noted that the Charter for the Association had been reviewed and it met all requirements.
    The vote on R180-97 was recorded as follows:  VOTING YES:  HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R181-97     Authorizing development of grant application to the DNR for low interest loan for water
                    system improvements.
    The resolution was read by the Clerk.
    Mr. Beck explained that this is a relatively new program and it was felt that part of the City's capital improvement plan, particularly as it relates to providing pressure and service to the area around Prathersville, could be eligible for a low interest loan.
    The vote on R181-97 was recorded as follows:  VOTING YES:  HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R182-97     Authorizing four Adopt A Spot Beautification Agreements.
    The resolution was read by the Clerk.
    Mr. Beck noted that passage of this resolution would actually formalize the agreements that were reported on at the last meeting.
    The vote on R182-97 was recorded as follows:  VOTING YES:  HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  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:

B312-97     Authorizing construction of 8-inch water main serving Heritage Meadows and payment of
                    differential costs between an 8-inch and 6-inch water main.
B313-97     Accepting conveyance for utility purposes from GKC Investments and Flat Branch
B314-97     Accepting conveyances for utility purposes from Robert and Jan Hulett and Paris Road
B315-97     Rezoning 2305 Oakland Gravel Road from R-1 to O-P.
B316-97     Rezoning property located on the south side of Barberry Ave., east of the west city limit
                    line from R-1 and A-1 to R-2.
B317-97     Vacating sewer and utility easements located within Liberty Square Subdivision, Block 1.
B318-97     Amending Chapter 29 of the City Code to allow limited warehousing distribution uses in
                    the C-P district and limited retail uses in the M-C district.
B319-97     Approving final plat of Belmont Park, Plat 3, a major subdivision.
B320-97     Authorizing right of use permit to allow Godas Development to install electrical conduit
                    underneath Lillian Drive right-of-way.
B321-97     Approving final report and authorizing Change Order No.'s. 1 and 2 to the contract with
                    Don Schneiders Excavating Company for Again Street drainage project.
B322-97     Authorizing Change Order, assessing special assessments and approving engineer's
                    final report for improvements to Eastwood Drive from Sylvan Lane to Clark Lane.
B323-97    Authorizing construction of Bear Creek Trail, Phase II, using City forces.
B324-97    Authorizing an agreement with Mo Department of Health for postponing sexual
                    involvement education; appropriating funds.
B325-97     Authorizing an agreement with Aquila Power Corporation for electric power service.
B326-97     Authorizing agreement with Crawford, Murphy & Tilly for engineering services for work at
                    Columbia Regional Airport.

(A)     Land Use Planning in Urbanizing Area.
    Mr. Beck noted that this report had been submitted by the Planning and Zoning Commission.
 Mayor Hindman knew Mr. Campbell had been pushing this issue for a long time.  He thought the City was making progress in working with the County, and added that he also felt more joint work needed to be done regarding this issue in the relatively near future
    Mr. Campbell asked if there were plans for any additional meetings.  Mayor Hindman said there had been discussions about scheduling a meeting, but with the election activities it just had not been planned.  He thought it would be scheduled shortly.  Mr. Campbell reported this is one of the most important issues the Council could address.


    Mr. Campbell made the motion that staff be directed to prepare an ordinance on a neighborhood market district for Council consideration.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. Campbell made the motion that staff be directed to prepare an ordinance on an institutional zone for Council Consideration.
    Mr. Campbell assumed that any ordinance would be referred to the Planning and Zoning Commission.  Mayor Hindman pointed out that no attempt was being made to include the University as an institution.  Mr. Campbell said he was referring to churches and things of that nature.  He understood the University is a state organization and the City simply does not have control over the University.
    The motion was seconded by Ms. Coble and approved unanimously by voice vote.
    Mr. Campbell said an interesting discussion had been occurring in the Kansas City area.  Lee's Summit was voting on an excise tax in which it would be used as a means of obtaining additional funds for building roads based upon the development that occurs.  As he understood it, developers would pay a tax based on how much traffic would be generated on collector and other arterial streets.  He asked that the staff investigate the issue and report back.
    Mr. Kruse said he had read in the National League of Cities Newsletter about HR1534, which had been recently passed by the House.  He said it was cleverly titled "The Private Property Rights Implementation Act of 1997".  He said it had been described in the article as a massive federal pre-emption of local zoning regulation authority.  Mr. Kruse noted that Congressman Hulshoff voted in favor of it.  He assumed the Missouri Municipal League was on record in opposition to it, and asked if there was anything the Council should do on a more direct level to inform the Congressman of their disappointment on his support of the issue.  He suggested communicating with Senators Ashcroft and Bond because he said the matter has now been sent to a Senate committee.  Mr. Kruse reported this is another example of pre-emption similar to what the state has done with billboards in Missouri.  He asked the staff to look into it and report back.
    Ms. Coble formalized a request she had brought forth at the last Council work session.  Her proposal was that the Council endorse the Mayor contacting Presiding Commissioner Don Stamper regarding the establishment of a joint City and County task force to develop protocols and systems to implement two specific federal gun laws that provide for the prohibition of sale of firearms to those convicted of domestic violence misdemeanors or felonies, and/or those who have an existing order of protection against them.  She explained that in Columbia a woman was murdered who had moved to the area to be safe.  Ms. Coble said this woman had done everything she was legally supposed to do to protect herself, and had been eventually murdered by a weapon that was allegedly fired by her husband.  The weapon was sold the morning or her death in violation of two separate federal laws -- he was an individual who had an order of protection against him, and he had a misdemeanor conviction of domestic violence assault.  Ms. Coble reported there are no notification or system checks in place in the City of Columbia or Boone County, and this is true throughout the state.  She had assurances from the Presiding Commissioner that he is very interested in participating in working on a joint task force.  She asked that the Council adopt her proposal formally as a resolution.  The proposal was to invite members of law enforcement, i.e., Sheriff, Police Chief, people from Probation and Parole, a representative from the Prosecutor's Office, a representative from Court Services, representatives from retail outlets that sell weapons throughout the City and County, and appointed individuals representing both the Council and the County Commission.  Ms. Coble said this task force could be used as a model for other communities throughout the state.  She asked for the Council's official endorsement in order to move the process forward.
    Mr. Janku made a motion per Ms. Coble's proposal.  The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
    Mayor Hindman reminded everyone that tomorrow was an election day.  He urged everyone to go out and vote.
    Henry Lane, 1816 E. Broadway, explained a problem he had with his latest utility bill regarding a credit balance.  He said he had been informed in mid-October that he should address all complaints to the City Manager's Office.  He complained that reporters do not need to go through the City Manager's Office to find information, and added that other citizens do not seem to be required to do that either.  Mr. Lane did not understand why he was being singled out.  Another concern of Mr. Lane's was a number of perceived administrative problems regarding the water and electric capital projects involved with the bond issue on April 1.  He distributed a list of the problems and felt the City would want to get them corrected.
    Mrs. Crockett asked Mr. Lane how many days a week he went to the Water and Light Department.  Mr. Lane said he had probably been there ten times since March, and had spent approximately eight to ten hours with various people.  Mrs. Crockett asked what other City departments he visited.  Mr. Lane responded that he goes to the Finance Department for financial and accounting information.  He also goes to the Purchasing Department to review contracts being executed for water capital projects.  Mrs. Crockett asked how many hours per week he was spending in all of the departments.  Mr. Lane said he was just in and out mostly, having called ahead for information.
    Mr. Campbell explained that the Council members go through the City Manager also.
    Mr. Beck explained that a recent newspaper article had been written by Mr. Lane that he would be responding to.  He said it contained a lot of inaccuracies and the staff has addressed questions raised in the article.  The article pertained to bond covenants and how much money the City is required to have in accounts to secure those bonds.
    In addition, Mr. Beck reported he did not establish a rule requiring Mr. Lane to go through the City Manager's office for information; however, there has been a lot of concern expressed by several departments regarding the amount of staff time involved with responding to requests made by Mr. Lane.  Mr. Beck said the staff was happy to provide this information, but would like to do it in the most efficient way possible.  Staff would also like to see what Mr. Lane is working on so any misconceptions can be corrected before being inaccurately presented to the public.  Mr. Beck said the City's goal is to try to get factual information out to any resident of the community, including Mr. Lane.  It is important that City staff time be spent efficiently.
    The meeting adjourned at 10:10 p.m.
                                                                                             Respectfully submitted,

                                                                                             Penny St. Romaine
                                                                                             City Clerk