M I N U T E S
 CITY COUNCIL MEETING - COLUMBIA, MISSOURI
 SEPTEMBER 21, 1998

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, September 21, 1998, in the Council Chamber of the City of Columbia, Missouri.  The roll was taken with the following results:  Council members COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, and HINDMAN 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 8, 1998, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mrs. Crockett.

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mayor Hindman noted that Report C was being added to the agenda.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mr. Kruse.

SPECIAL ITEMS
    None.

SCHEDULED PUBLIC COMMENTS
    None.

PUBLIC HEARINGS
B284-98     Adopting the FY99 Pay Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that there would be a series of personnel related ordinances before the Council this evening.  He said all of these ordinances were within the guidelines established during the budget process.  Mr. Beck noted this particular ordinance would provide for a three percent, across the board, pay increase.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B284-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B285-98     Amending Chapter 19 of the City Code re: personnel policies, rules and regulations.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this bill describes in more detail specific issues involving organized groups employed by the City as well as unrepresented groups.  He further explained that it relates to meal allowances, shift differentials, etc.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B285-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B286-98     Establishing new group insurance premiums for the employee health care plan.
    The bill was given second reading by the Clerk.
    Mr. Beck pointed out that staff works with a consultant regarding this health care plan.  He noted that there have been no premium increases over the past few years, and this year the increase is only slight.  He felt the wellness programs are a benefit to City employees, and a major factor in holding down the costs.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B286-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B287-98     Amending the Money Purchase Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck explained this bill deals with substituting language as it relates to the Police Chief.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B287-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B288-98     Amending the City Employee Health Insurance Plan document.
    The bill was given second reading by the Clerk.
    Mr. Beck reported this bill relates to the health insurance plan.  He said the Council had suggested that the overall plan be changed to provide health insurance for employees beginning at the end of the first 30 days of employment, rather than at the completion of six months.  Mr. Beck outlined that not only will quite a few temporary employees become permanent employees, but health insurance will also be provided to certain classified temporary employees -- depending upon the number of hours worked.  This information will be established as a policy so all employees will know who is affected and how they are affected.
    Mayor Hindman opened the public hearing.
    John Clark, 403 N. Ninth Street, explained that he is treasurer of Missourians for Single Payer Health Care, and Acting President of Mid-Missourians for Universal Single Payer Health Care.  He applauded the City in its expansion of health care coverage to an additional group of employees not previously covered.
    Mayor Hindman closed the public hearing.
    B288-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B289-98     Amending the Post Employment Health Plan for public employees.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that various organized groups of the City had requested these changes.  He said it appeared to be a win/win situation in which there would be some additional credit toward sick leave accumulation that would be transferred into a retirement program for post employment health insurance.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B289-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B290-98     Establishing Parks and Recreation Department fees.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this proposed fee increase has been publicly discussed with the Council at recent work sessions.  He explained that the increases will involve adult sports, Camp Adventure, and golf.  In reviewing the current rates in comparison to other activities not only in Columbia, but in surrounding areas, Mr. Beck said our rates would remain very competitive, and in most cases will be below other rates.  The fee increase will provide additional funds to the Parks and Recreation Activity Service Account, which is subsidized to a substantial degree from the City's General Fund.
    Mayor Hindman understood there is a program in place where the City provides scholarships to low income families (especially children), so these individuals have an opportunity to participate in recreational activities by subsidizing the fees.  Mr. Beck said that is correct, there is a special account used for that purpose.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B290-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B291-98     Amending Chapter 27 relating to water rates.
    The bill was given second reading by the Clerk.
    When the ballot issue in 1997 was passed regarding improvements to the water system, Mr. Beck said it had been indicated there would be a series of two percent rate increases rather than one large increase.  He noted this increase would become effective with the October billing cycle.  The estimated average increase per customer is twenty-six cents per month.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B291-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B292-98     Authorizing the FY99 Special Business District Budget.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that an amendment sheet had been prepared for this bill dealing with parking permits.  In previous years, he explained the District had been paying $10,500 to the City's Parking Utility Fund for a number of parking permits throughout the Central Business District area.  The District suggested that the City handle the parking permits and that they no longer be involved with it.  He said that would affect the budget, thus the amendment.  Mr. Beck said the issue has been discussed with the staff and it was felt to be uncertain as to whether or not the City would fully recover the $10,500 it would cost to handle the permits.  Included in the budget is the equivalent of approximately 50% of the revenues, which is hoped will be higher.  Mr. Beck reported it would not have a real big affect on the parking utility.
    Mayor Hindman made the motion to amend B292-98 per the amendment sheet.  The motion was seconded by Mr. Janku.
    Mr. Janku thought this is a good amendment, and added that the Council has appreciated what the SBD has done over the years to support the parking utility.  He said this amendment would allow the District to devote additional resources to other areas, such as street maintenance, which are needed for downtown.  He thought this is a good reallocation of resources.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    The motion to amend B292-98, made by Mayor Hindman, seconded by Mr. Janku, was approved unanimously by voice vote.
    B292-98, as amended, was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

R181-98     Approving the FY99 CDBG Budget and Action Plan.
    The resolution was read by the Clerk.
    Since the last budget hearing when the CDBG Commission made their recommendations, Mr. Beck submitted a revised sheet based on Council input regarding their interest in allocating $100,000 to the Central Missouri Food Bank.  In addition to the estimated $1 million in CDBG funding, and in an effort to try to balance the monies, Mr. Beck reported staff investigated whether any funds could be reallocated -- and had come up with an additional $70,000 in funding.  He explained how they had arrived at that figure.  He said the City would determine, after discussions with HUD, whether or not an additional hearing before the Community Development Commission is necessary in order to reallocate the funds.
    Mr. Beck explained that before the Council this evening is a balanced budget for the use of $1,070,000.  He noted that the COLT Railroad project had been moved to a different category -- to the neighborhood improvement category from the community facility.  Mr. Beck explained that upon adoption of the CDBG budget, specific agreements with the various agencies would be entered into.
    Mr. Campbell made the motion that the Council adopt Exhibit A (the City Manager's recommendation of 9/11/98).  The motion was seconded by Mrs. Crockett.
    Mayor Hindman reopened the public hearing.
    Patty Logan, 901 Jefferson, Vice-President of the Smithton Valley Neighborhood Association, noted that several items in the CDBG budget are in this area.  She said the Worley Street Park improvement is a major project that is necessary in order to assist the neighborhood in their efforts to eliminate the drug problems in the area.  Ms. Logan also noted there are no sidewalks, so children are not safe going to the park, and the back entrance of the park has absolutely no handicapped accessibility.  Ms. Logan said residents are trying to clean up their neighborhood, and these projects are needed in order for them to do so.
    Uel Blank, a board member of the local Habitat for Humanity group, explained their request of $30,000.  Mr. Blank distributed informational sheets which he explained.  He noted an office and storage building which is pending construction at 1906 Monroe Street.  In addition to that building, there are two lots planned for development in the near future with infrastructure costs of approximately $4,000 to $6,000.  Funding is also needed for other lots in the Haden Park area, where they expect to incur costs of $160,000.  Mr. Blank said it had been rumored that Habitat has lots of money.  He reported this is true, but these monies had been recently borrowed from the Missouri Housing Development Commission.  Mr. Blank pointed out that Habitat homes keep adding to the value of the City because the properties that have been developed are paying taxes.
    Mr. Campbell asked if the Habitat people provide maintenance to the older homes when they need rehabilitation.  Mr. Blank said Habitat tries to inform people of how to be good home owners.  He reported most do a good job in maintaining their homes, but some do ask for help.  Mr. Blank explained it is not mandatory for Habitat to provide maintenance assistance.
    Ken Pike, 1203 Haden, spoke in support of Habitat's funding request.  Mr. Pike suggested that straw bale homes would be very beneficial to Habitat.  He said there were discussions going on about greenbelt land being donated in Haden Park.
    Reverend William Young, 3901 St. Charles Road, explained that he is interested in the rehabilitation program fund request.  He wanted to provide such a training program to individuals in the community.  He said they are also working with other community agencies trying to put together a package that would take people from welfare to work.  Reverend Young spoke to the legislature about funding, similar to what St. Louis and Kansas City received.
    Mr. Janku asked Reverend Young if those were federal funds used by Kansas City and St. Louis.  Reverend Young said that $2 million was sent to St. Louis and another $2 million to Kansas City.  He understood there are monies available for rural areas and counties such as Boone.  Mr. Janku thought there is a group called Boone Works that had applied for the grant and is now waiting to hear back about it.  Mr. Campbell suggested that Reverend Young contact Kathy Neal at the Community Partnership.  He was certain she could help.
    Tony Bott, a former President of Show-Me Central Habitat, spoke on their behalf.  He said City funds would help keep the costs down for their homes, which would help Habitat to continue with their building process.
    Rick Matson, owner of MAACO Auto Painting and Body Works, and a Habitat board member, said he was project manager for the "home in a week" that was constructed on Rangeline in June.  He addressed the impact Habitat has on children within the community.  In the 27 homes Habitat has built over the past 10 years, Mr. Matson reported 86 children now have different, healthier environments.  He said the $30,000 being requested this year would provide the nurturing capability of one more home.
    Linda Rootes, 807 N. Eighth Street, explained that she has worked with the North Central Neighborhood since its inception.  She said residents have benefitted greatly over the years from the many CDBG funded projects within the North Central area and the surrounding neighborhoods.  She said those projects include sidewalks, parks, home ownership assistance, rental rehabilitation, two Habitat houses, Columbia CDC houses, and many community service agencies.  Ms. Rootes said that this year's full funding of the Fourth Avenue project would enhance North Central as well as the Ridgeway Neighborhood.
    Mayor Hindman closed the public hearing.
    Mr. Campbell said Mr. Blank had distributed information regarding a sizable balance left in the Habitat account from previous years.  He assumed, if an agreement can be worked out between Habitat and the City (while complying with all HUD regulations), that money could be available to them.  Mr. Beck said that is correct.  He said there is an existing agreement for $33,000 in funding.  In the 1998 account, Mr. Beck thought there is $40,000.  Mr. Beck said any agreement would have to presented to the Council for approval.  He noted these funds would have to be used for housing and housing related expenses.
    Mr. Janku said every one of the organizations that applied for CDBG funds are meritorious.  He said it is very difficult each year to make these hard choices.  He pointed out that over the years, the City's Home ownership Program has helped over 230 people.  He thought the $100,000 would benefit an additional 30 to 40 families.  Mr. Janku noted that CDBG funds are not certain, and each year the issue comes up for debate in Congress.
    Mayor Hindman explained that the City Council had adopted some expenditure guidelines in 1991.  He said the funds are basically divided up as follows:  60 to 65% to be spent on neighborhood improvements; 20 to 25% to be spent on housing related programs; and then 10 to 15% toward improvement and development of facilities operated by agencies.  He said the latter was meant to be a one-time expenditure, no matter how meritorious an agency might be.
    Mr. Coffman asked if Habitat was listed under community facilities merely because of the character of the request they made this year.  He wondered why it was not listed under housing programs.  Mr. Hancock said the description specifically refers to owner occupied rehabilitation.
    Mr. Campbell agreed that the previously mentioned guidelines have served the Council well, but added that these are just guidelines and conditions do change over the years.  He thought perhaps the Council should revisit the guidelines during the next year.  He said welfare reform was not anticipated when the guidelines were determined, and as there have been substantial improvements in some areas of the City, there may be a different set of needs to be addressed.
    The motion to amend R181-98 by adopting Exhibit A, made by Mr. Campbell, seconded by Mrs. Crockett, was approved unanimously by voice vote.
    The vote on R181-98, as amended, was recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

B252-98     Adopting the FY99 Budget.
    The bill was read by the Clerk.
    Mr. Beck noted that the total FY99 budget is $186,000,000.  He explained that about $163,000,000 is actually new money.  He said the overall budget increase is 6.46%, with a little less than a two percent increase in operational costs.  He reported the City follows a strategy and philosophy of hiring good employees, providing good training, and providing the employees with good equipment.  He said this budget has reflected that.  Mr. Beck explained that an amendment sheet had been prepared for Council review which incorporates ideas the Council brought up following budget work sessions.  He said staff recommended changes were also reflected on the amendment sheet.
    Mr. Kruse made the motion that B252-98 be amended per the amendment sheet.  The motion was seconded by Mr. Campbell.
    Mayor Hindman reopened the public hearing.
    John Clark, 403 N. Ninth, President of the North Central Neighborhood Association, spoke in support of Chief Botsford's request for a significant increase in the staffing of the police force.  He said the Association has felt for several years that the police department has been understaffed, and that this understaffing has had its greatest negative impact on central city neighborhoods.  Mr. Clark also spoke about MIS needs.  He said a really good, fully implemented MIS system is absolutely critical to the operation of the City.
    Mr. Janku asked about the police officers and what the plans are at this point.
    Mr. Beck explained staffing at the police department has been increased at a rate of about 2.8 employees per year for the last ten years.  He said community policing normally requires even more officers than what the Chief is requesting.  Mr. Beck said the strategy he is proposing, while working with Chief Botsford, has been to include two police in the base budget.  He said the City also applied for federal money for four police officers, with the hope of getting at least two (grants are available for four officers with matching funds required).  In the budget amendment, Mr. Beck explained that he asked for additional funds so the four positions could be implemented.
    Mr. Beck stated the last two officers that will comprise the Community Action Team are the two positions he suggested be incorporated in the November 3rd ballot issue relating to public safety needs.  It is hoped that within the next twelve months six new police officers will be added to the force, and one officer who will supervise the Community Action Team will be promoted to sergeant.  He said all the officers will be fully equipped, which requires substantial resources in the way of vehicles and personal equipment.
    Mr. Beck said he felt the City has an outstanding police program underway, but noted this has always been the case.  He is appreciative of the support of the community, who has been working with Chief Botsford while the community policing program was implemented.  Mr. Beck reported Chief Botsford has done an outstanding job of putting it together.
    Skip Walther, an attorney with offices at 700 Cherry, spoke on behalf of the Columbia Cosmopolitan Luncheon Club.  Mr. Walther explained that the group has been sponsoring and supervising the fireworks display on the Fourth of July since 1952.  He said the Cosmo Club fully subsidized the operation between 1952 and 1991, with the assistance of the City of Columbia, and set-off the fireworks by hand.  In 1991, the process had been assumed by some local businesses, and they had been responsible for funding.  At the same time, the operation was changed from a manual one to a computerized one.  Last year, those businesses decided they wanted to stop requesting donations and sponsors and asked the Cosmo Club to take back the responsibility of finding a way to pay for the event.  He said the Cosmo Club did so for this year, but are now looking for City support in the amount of $5,000 for next year.  Mr. Walther noted that the Parks and Recreation Department always does a wonderful job of assisting them with a number of services that are required for the event, as does the University.  He said the Cosmo Club truly appreciates it, but would also like some financial support if possible.
    Mayor Hindman closed the public hearing.
    The motion to amend B252-98 per the amendment sheet, made by Mr. Kruse, seconded by Mr. Campbell, was approved unanimously by voice vote.
    Mr. Janku made the motion that B252-98, as amended, be further amended by adding $5,000 out of the discretionary fund for the Senior Show-Me Games.  The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    Ms. Coble made the motion that B252-98, as amended, be even further amended by adding $5,000 out of the discretionary fund for the fireworks program.  The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.
    Mrs. Crockett made the motion that B252-98, as amended, be further amended yet by adding $24,000 out of the discretionary fund for six defibrillators.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    B252-98, as amended, was read with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:
    Mr. Beck thanked the Council for the many hours of work they dedicated to the budget process.

B227-98     Rezoning 209 and 213 Third Avenue from O-P to C-P; approving a C-P Development Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this bill had been tabled from the August 17, 1998, meeting.  He noted that it came to the Council with a tie vote from the Planning and Zoning Commission.
    Mr. Hancock noted that the packet also included a copy of the proposed C-P Development Plan.  Mr. Beck asked if it had specific uses designated.  Mr. Hancock said the ordinance in front of the Council has the proposal list preferred by the applicant, which includes an auto parts store and all other permitted uses in District O-1, except for small loan offices or check cashing operations.
    Mayor Hindman reopened the public hearing.
    Dan Simon, an attorney with offices at 203 Executive Building, spoke on behalf of the applicants, Thomas and Pam Kardon.  Mr. Simon saw the major issue in this matter to be the impact of the development on the residential area to the west.  He said the Council was probably under the impression that everyone in the neighborhood is opposed to the rezoning application because of a petition they received from the neighborhood association.  Mr. Simon said that was not true, and presented to the Clerk a copy of a petition signed by 88 residents of the Ridgeway Neighborhood Association.
    Mr. Simon stated he considers this to be a rezoning application of tremendous importance because he thought it to be a test between the old traditional concepts of zoning, and what he would classify as "sight specific" zoning.  This is defined as targeting a specific site with the conditions that exist today (not as we would like them to be), the probabilities of what would happen in the future, the problems of the site, the impact of the site on the adjacent area, and then specifically provide for a use and a development on the site which deals with the issues.  He felt that is what is being submitted to the Council.
    Mr. Simon thought the people opposing this rezoning application are of the opinion that office use on this particular site somehow protects the area to the west, and that it would be a bad precedent to allow commercial development on this property because it can never be consistent with residential development.  He said those presumption are 100% false.  He displayed pictures of offices on Providence and submitted that will be the type of development that would occur at this location if the O-P zoning remained.  He noted the Human Development Corporation office generates tremendous traffic and is not particularly attractive.  He felt it has an adverse impact on the neighborhood.
    Mr. Simon displayed photos in other large cities showing commercial uses adjacent to residential uses.  He said this proposal would generate minimal traffic, would provide a building that is extremely attractive, would put landscaping on the site that occupies 22% of the site as opposed to the 15% the ordinance requires, propose minimal signage (such as office signage), and minimal lighting.  He said the Kardon's have designed a building what they feel would be best for the neighborhood.
    Ms. Coble pointed out that the Human Development Corporation actually provides a great deal of social supports, housing services, and other very important related services.  Mr. Simon said he did not dispute the essential nature of that office, or the essential services it provides, but the impact on the neighborhood with traffic is substantially greater than what would be created by this proposal.
    Mr. Janku said there was a lot of discussion about the particular type of auto parts that would be sold.  He said there would be nothing regulating this use, and it could be any type of auto parts store if the present owner were to go out of business or sell to someone else.  Mr. Simon acknowledged this is true.
    Karen Cupp, 117 Fourth Avenue, spoke against the rezoning.  She said the City is considering purchasing some property one block down for a new Health Department, and that is the kind of business residents would welcome in the neighborhood.
    Mayor Hindman asked Ms. Cupp what she would like to see on the property if the current O-P zoning remained.  Ms. Cupp said she would like to see something similar to a doctor's office or another office like HDC.
    Pat Kelly, President of the Ridgeway Neighborhood Association, explained that crime has decreased in their neighborhood by about 8%.  She said the neighborhood park is now drug free and a safe place for children to play.  She presented a petition to the Clerk opposing commercial zoning on Third Avenue.  She said there were over 100 residents in the immediate area that signed the petition, including two-thirds of the resident homeowners on Third Avenue.  Ms. Kelly felt, with the combined and continued efforts of residents, the area could be turned into an example of urban renewal.  She said an auto parts store, in a residential core, could inhibit their efforts of blight removal.  She explained that the City's Land Use Plan calls for offices, which are traditionally a buffer between a busy thoroughfare and a residential neighborhood.  Ms. Kelly said it would not just benefit their neighborhood, but the entire city to preserve a centrally located, historical, residential area for people who need affordable housing.  She asked people opposed to the rezoning to stand.  Approximately 18 people stood.
    Maria Cole, 203 Fourth Avenue, said she had owned her home for five years.  She lives in this particular neighborhood because she wants her three children to be safe.  She spoke against the rezoning.  Ms. Cole stated she would not be opposed to a medical office at that location.
    Jerry Venneman, 200 Third Avenue, said the neighborhood was not safe.  He spoke in favor of the rezoning and said a parts store would light up the corner and make the area safer.
    Ophelia Smith, 1106 N. Garth, explained that she has a 16 year old daughter that did not feel safe in the area.  She said the neighborhood is bad and an auto parts store would help clean it up.  She said it would also employ a few people.
    Joe Cummings, 210 Third Avenue, explained that he lives directly across from both houses in question.  He said the houses are in very bad shape and should be torn down.  Mr. Cummings is in favor of the rezoning request, and added that an auto parts store would generate revenue.
    Derrick Hemphill, 1 Third Avenue, said he was able to buy his home as a "fixer-upper", and hopes to sell it some day to someone looking for a good home.  Although he cannot vouch for the safeness of the neighborhood, he commented it is a world better than it had been six and nine months ago.  He said the current residents have begun to care about where they live.  Regarding the properties in question, Mr. Hemphill pointed out that the homes have been under the same ownership for some time now, and the Kardon's have done nothing to improve them.  He is not so sure these are people he wanted for neighbors because they have not been the best of neighbors thus far.
    William Watkins, 406 N. Ninth, spoke on behalf of Mr. Kardon's request.  He said an auto parts store would not hurt the neighborhood.
    Dennis Stringer, 19 Third Avenue, spoke in favor of the rezoning.  He said there are cars in the area that cannot make it to the other auto stores.
    Yvonne Venneman, 200 Third Avenue, spoke in favor of the rezoning.
    Bruce Lynch, 204 Third Avenue, said he just purchased his home through the Homeowner Assistance Program, and he was grateful to the City for the opportunity.  He understood at the time of purchase that the zoning most likely would not change because of the Land Use Plan.
    Greg Bacon, a resident of Rockbridge Subdivision and former Ridgeway neighborhood resident of 12 years, asked the Council to honor the spirit and letter of the Homeownership Assistance Program.  He asked that the Council help the neighborhood remain residential by denying the rezoning request.
    Aasim Inshirah, 407 Hickman, said he too was a beneficiary of the City's Home Rehabilitation Program.  He explained that his son is involved in a program to help rehab some property at 601 Washington.  He felt that whatever happens to Providence Road in this area, would also affect what will happen to his neighborhood on the east side of Providence.  He said the City has invested a lot of money in the residential property in the area, and is hopeful this will continue.  Mr. Inshirah felt that the people in support of the auto parts store were actually complaining about crime in the neighborhood.  The people who feel safe and want to make the conditions even better for their children are the ones opposed to the rezoning.  Mr. Inshirah did not want to see the area commercialized.
    Melvin Gibson, 1005 N. Garth, suggested that the two houses be torn down since they are not serving any purpose.  He did not see a problem with making the entire loop commercial.
    Carl Edwards, explained that he is a mechanic and he buys a lot of auto parts.  He said if the auto parts store is approved, he would access it off of Providence.  Mr. Edwards did not think traffic would be adversely affected by an auto parts store.
    Ms. Coble asked Mr. Edwards if he would like to live next to an auto parts store.  Mr. Edwards said he has lived next to worse things than an auto parts store.
    Bernie Rouse, 208 Third Avenue, said he lives across the street from the property in question, and he supports the rezoning request.
    Joanne Rainey, 21 Fourth Avenue, explained that her property was recently rezoned for a day care operation.  She felt the rezoning had been approved because it seemed to be a very community oriented business, and something that would have a stabilizing affect on the neighborhood.  She did not feel that a foreign auto parts store would be something her neighborhood would use.  Ms. Rainey said she did not blame anyone for not wanting to live across the street from the two properties as they exist now.  She said when the neighborhood group had met with the owners, she had gotten the impression that if the rezoning did not get approved, nothing would be done with the unsightly properties.
    Jim Waterbury, 7 E. Forest, another recipient of Home Ownership Assistance, spoke against the rezoning.  He is concerned about increased traffic and accidents on Providence Road.
 Ian Hunter, 1720 Amelia, spoke on behalf of Mr. Kardon's good character.  He said Mr. Kardon is a good businessman and that he would not do anything intentional that would hurt the neighborhood.
    Ray Owen, 802 Demaret, spoke in favor of the rezoning request.
    John Clark, 403 N. Ninth, President of the North Central Columbia Neighborhood Association, said the issue is not about Mr. Kardon or the need for auto parts, but about the location of this particular business operation, with this particular design, in this particular location.  He said his association strongly urges the Council to support the Planning Department's recommendation to reject the application and follow the wishes of the Ridgeway Neighborhood Association.  He said residents do not want the Business Loop replicated on North Providence in this corridor.  He pointed out that this is the major entryway to downtown Columbia, and appearance is a big deal.  Mr. Clark said residents are very interested in the precedent for the development of this corridor.
    Larry Schuster, business owner of property at the corner of Grand and Forest, said he had dealt with this corridor at length when he was on the Planning and Zoning Commission, and again when he served on the Council.  He said one of the issues that had been dealt with on this particular corridor was how to lessen the impact of office or commercial on the neighborhood, and then how that impacted on the roadway itself.  Mr. Schuster said this is a policy issue rather than a site specific issue, and if the area is to be rezoned, an update of the Land Use Plan and a broader discussion encompassing the entire area is required.  He said the whole corridor should be considered before deviating from the Land Use Plan.
    Lisa Nauman, 20 E. Forest, thought there were already a lot of vacant places where an auto parts store could go in.  She is not in favor of the rezoning.
    Ray Warren, 208 Sexton Road, Acting President of the Douglass Neighborhood Association and member of the Frederick Douglass Coalition, spoke against the rezoning request.  He felt the desires of the neighborhood should be honored.
    Mayor Hindman closed the public hearing.
    Ms. Coble said the plan is wonderful, the kind the Council hopes for in a commercial development, which would provide screening, landscaping, signage and lighting.  However, she did not think this particular development should be located at Providence and Third.
    Mr. Campbell agreed the Council has been presented with a wonderful plan, but the development is located in the wrong place.  He said the Council would be setting precedents in two different ways:  The kind of development that will occur on Providence Road; and the fact that the Council has been encouraging the mixing of commercial and residential zoning.  He observed, however, this is not the kind of mix that is desirable.  Mr. Campbell stated the Council did want neighborhood services -- businesses that would serve area residents.  To approve this plan would send a signal to the rest of the community about the kind of mix the Council is looking for.  Mr. Campbell reported he cannot support this request.  He is very pleased to hear the good news about what is happening in the neighborhood, and how residents are working together.  He is also pleased to discover the Homeowners Program is working.
    Mrs. Crockett thought the plan is good and intended to support it because she felt it would help the area.  She thought the traffic would be less with this plan than it would be with an office.
    Mayor Hindman said this is one of the better C-P plans the Council has seen, which presents a difficult situation.  The property is currently zoned O-P and if the request is denied, there is no idea of what kind of future development could be expected.  Mayor Hindman said it is clear that a large part of the neighborhood, right or wrong, feels an auto parts store will have a detrimental consequence.  He said the area residents have all of their assets invested in their homes, and that is a very compelling argument.
    Ms. Coble thought the Council had been so enthused about a good plan, that they were almost looking at it with blinders on.  She said crime is a reality in the first ward, and a lot of comments heard in support of the rezoning have to do with that reality -- and not necessarily with the plan.  She observed that residents want things to continue to get better, they do not want to be afraid in their own neighborhood, and they  want to make sure their kids are safe.  Because the City has helped foster the area through the Home Ownership Program, Ms. Coble thought it would seem inconsistent to approve the plan just because it seemed to be a "really nice plan".  She thought a neighborhood that is struggling to change, recover, and be rejuvenated is much more precious than what the Council had been presented with tonight.
    Mr. Kruse pointed out that a good deal of the office zoning, that has been suggested as not being as attractive as this plan might be, had been developed under the City Code before landscaping was included.  He said what might develop under the current zoning in O-P would probably be a lot more attractive.
    Mr. Campbell also noted that the offices referred to previously were built 20 years ago.  He said these buildings were more attractive when they were first built, and some have been maintained better than others.
    Mr. Kruse listed reasons why he might support the request including the limited uses, attractive design, and presently deplorable conditions.  Reasons for voting against it included the staff recommendation, non-conformance with the Land Use Plan, and intrusion of commercial into the neighborhood having a devaluing affect in some situations.  Mr. Kruse said he is in full support of integrating commercial neighborhood services with neighborhoods.
    Mr. Coffman agreed and said speakers on both sides made very good points.  He plans to vote against the request in the hope that it would support the positive movement in the community right now.
    Mr. Janku said the Council all agreed that they wanted this corridor to be attractively developed, and this plan has some qualities that would make it attractive.  The problem he has is that he felt landowners, whether they be property developers or homeowners, have the right to some degree of certainty and stability.  He said a lot of the people who bought homes in this area had taken into account the existing zoning and existing Land Use Plan.  Mr. Janku reported he will vote to deny the request, and hope that the owner can come forward with a quality plan consistent with the current zoning.
    B227-98 was read with the vote recorded as follows:  VOTING YES:  CROCKETT.  VOTING NO:  COBLE, JANKU, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  Bill defeated.

B270-98     Rezoning property located north of Nifong Boulevard and south and west of the
                    proposed eastward extension of Green Meadows Road from R-1 and O-1 to O-1 and
                    C-1.       
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this request had been unanimously recommended for approval by both the Planning staff and by the Planning and Zoning Commission.
    Mayor Hindman opened the public hearing.
    Al Price, 107 Bingham Road, explained that this tract originally consisted of about 120 acres, which he acquired about 30 years ago.  When Providence Road was developed in the area about 20 years ago, it appeared to be an attractive corridor for commercial use.  He said the property had been buffered by O-1 and then went into residential zoning.  Mr. Price observed that was the way zoning had been assigned at that time.
    Mr. Price reported in regards to the property being discussed this evening, the northern portion of the tract is a nature area with some very attractive trees.  He stated it is his intention to retain this natural area.  He said about 32 acres of R-1 will remain.
    Mr. Price explained that in the past four years, he has been meeting with Public Works and the Department of Transportation due to the change in road patterns.  He explained that five years ago, he had a plot plan approved by the Council to run a street up just along the edge of the O-1, from Nifong where the curve begins, straight north to access the C-1 on the west, and the narrow strip of O-1 that is on the east.  He said that situation changed with the AC realignment.  He said the State asked him to hold up on the street, as did the Public Works staff.  Mr. Price said that had been fine with him, but now if he abandons the road where he now has no access on Nifong, there will be a buffer of O-1 between the new access (which will be off of Green Meadows) and his C-1 property.  He said a similar situation is created where Green Meadows comes across his property.  Mr. Price reported he and his wife have deeded the right-of-way for Green Meadows, and would deed the rest of the right-of-way to the extension of Green Meadows from AC to the City without any additional cost.  He stated this property would probably cost about $400,000 if the City were to purchase it.  He said this way, he would be able to protect the nature area, gain some O-1 and C-1 contiguous with his present C-1.  Mr. Price further explained that he has the right of architectural review over anything developed on a piece of ground he sells in his area.
    Mayor Hindman closed the public hearing.
    Mr. Kruse said he thought the plan is good, and noted the unanimous recommendation from the Planning and Zoning Commission.
    Mr. Campbell observed one problem associated with additional traffic that could be generated by any subsequent commercial development.
    Mayor Hindman pointed out that development will not be able to take place until Green Meadows is extended, and this cannot occur until the new Route AC is constructed to the new capacity.  Mayor Hindman agreed that any new development would undoubtedly add to existing commercial traffic, but he did not feel that it would increase by much.
    Mr. Kruse noted that the staff is also looking into developing a plan for the corridor to the east.  He said that made it easy for him to approve of the rezoning.
    B270-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

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.
    The bill was given second reading by the Clerk.
    Mr. Beck reported that the Planning and Zoning Commission recommended denial by a 5-2 vote for the rezoning request on this 1.6 acre tract of land.  He said the Parks and Recreation Commission had also indicated some concern regarding the proposed development in the area.  He explained that the proposed site is essentially surrounded by Grindstone Park.
    Mr. Hancock said that the sketch submitted by the applicant was thought to be a pretty good one by the Commission, and they felt it might be suitable for inclusion in an O-P plan.  Given its proximity to the park, he thought the Commission had been leaning toward an O-P plan.
    Mr. Kruse said there was some mention in the staff report regarding the sight distance.  He said the entrance to any development at this location would be on 63 with a hill and curving road.  He thought that would be a problem regardless of what kind of zoning was allowed.  Mr. Hancock said the applicant would have to work on a driveway location or locations with a planned district, and there might not be that flexibility in a straight zoning.  He said staff would also be able to discuss any off-site improvements with the applicant.
    Ms. Coble said she had toured the site and observed there did not seem to be a visibility problem on the lower entrance to the site.  Regarding the O-P zoning, Ms. Coble asked if the system allows for mixed usage in one development.  Mr. Hancock explained that O-P allows O-1 uses, and multi-family is allowed in O-1.  He thought the applicant had an idea to mix some residential attached housing and office on the site.  Given the way the ordinance pyramids, he said there would be an opportunity to mix residential and office on the site.  Ms. Coble asked what the process would be from this point.  Mr. Hancock said in a straight O-1 zone, the Council would not have a say in what is developed on the site, although the property owner would be limited to permitted uses according to the zoning ordinance.  If this property was zoned planned office, a list of uses would be submitted by the applicant and finally adopted by the Council.  He said if there was something that seemed to be out of place, it could be stricken.  If the applicant decides on the O-P zone at this point, Ms. Coble asked what the process would be.  Mr. Hancock reported if the applicant amended his request this evening to planned office, he would need to include a proposed list of uses, and this information would be forwarded to the Council at the next meeting.  He said there would be no plan required until a proposal is generated to develop the property.
    Mayor Hindman opened the public hearing.
    Sandy Schuebert, 7301 Chimney Ridge Road, spoke on behalf of Kings Daughters.  She explained how they inherited the property from Mr. Gordon, and how it had been cleaned it up.  She said Kings Daughters would prefer that the land be used for something they would be proud to say they had a part in, however small.  Ms. Schuebert reported Mr. Snyder, the applicant, had a plan that they felt would have the least impact on the area.
    Mike Snyder, 2400 Ridgemont, understood that if he went with an O-P plan, there would be considerably more up-front costs as he would have to fully develop a site plan, which requires engineering surveys and replat work.  He understood that this entire process would have to occur prior to Council approval.  Mr. Snyder's main concern is that he would be spending a significant amount of money if his plan is not approved.  He said he is more than happy to share with the Council what it is he wants to do, and to work with the staff on developing the property in a way that will be as limiting in impact as it possibly could be.  Mr. Snyder assured the Council that he did not want to do anything that would blight the park.
    Mr. Snyder explained his proposal for the area and displayed an overhead.  The proposal consists of six small units, half residential and half office units.  He proposed a 30 foot greenspace conservation easement to the rear of the property and to the south of the property.  He understood this easement to be a perpetual interest in land described and dedicated on a subdivision plat by designation of such greenspace conservation easement.  He further understood that no right of entry is given to the City or the public.  He reported no development (except for utilities), no commercial signs or advertising, and no removal of trees, shrubs, or other vegetation would be permitted on the property.  He noted there would be some maintenance exceptions.  Mr. Snyder said he would still have to apply for replat of the property, and he would ask the City to deny the sewer replat until the greenspace conservation easement is designated.
    Mr. Kruse asked if the conservation easement would be along the property line.  Mr. Snyder said it would, and that he was proposing an average of 30 feet, with the exception of one area.  Mr. Kruse asked if a person inside the park would be able to see the development.  Mr. Snyder said the proposal consists of two story buildings, and he had done as much as he could to set the structures back on the site.  He also plans to construct the driveway behind the buildings to allow for a greater setback into the hillside to provide for the least amount of visual impact.
    Mr. Coffman asked how low the back office and apartments would be.  Mr. Snyder guessed, from the bike path in the front to the rear, it varies between 10 to 20 feet of fall. He said the site itself was mostly flat and the steep topography begins at the property line -- on the park side.
    Mr. Campbell said it sounded like he would have two story buildings sitting on top of a hill overlooking Grindstone.  Mr. Snyder said that is correct.  Mr. Campbell asked if much dirt work and leveling would be needed in the area.  Mr. Snyder said he would like to minimize that as much as possible.  He said the units are very small, with only seven percent of the property being used for buildings.  In addition, he noted a small portion of the site is being used for drives and parking, and 66% would remain undisturbed or extensively landscaped.
    Mr. Campbell said it appeared Mr. Snyder had already done most of the work for a plan.  Mr. Snyder explained that even though this is true, he is not certified to do survey or replatting work.  Mr. Campbell said that would have to be done regardless.  Mr. Snyder said he had no problem do that if he could be assured he could proceed with the project.  He is concerned about putting $7,000 down with no assurances.
    Mr. Janku asked Mr. Snyder whether he is confident that his site plan meets the various code requirements and all of the other issues that are encountered when developing property.  Mr. Snyder explained that he works for a development company that builds nursing homes and residential care centers, so he is familiar with the research that goes into such a project.
    Mr. Janku asked about the sewer line.  Mr. Snyder said he had spoken with Jim Brush, and he had worked up some numbers on it.  Mr. Snyder also spoke with the Parks and Recreation Department to ask them about the issue.  He said they had assured him they would be willing to work with him to achieve the easement.   He said it would probably be a process that would take several months because of the different agencies involved.  He is aware of the costs and said he could afford it.
    Mr. Coffman asked if the sewer line would be eight inches.  Mr. Snyder said he supposed for a property of this size four to six inches would be more than adequate.  Mr. Coffman said he thought the plan looked very good, but noted the many sensitive areas surrounding the proposed development.
    Mr. Campbell said he would like to see Mr. Snyder move forward, but one of the concerns he has is that this particular area has been very slow to develop.  He reported Grindstone Village constructed two buildings over a period of 15 years.  Without some assurance, Mr. Campbell said the Council could not really be certain that the development would proceed as had been outlined this evening.  Mr. Snyder said he understood the concern, but observed the area is progressing with the Bluff Creek Subdivision.  Initially, he explained he would construct one building and live in it himself, and then add more structures as the market demands.
    Mr. Janku understood the PUD allows residential only, not commercial.  Mr. Hancock said that is correct, it would not allow office on a scale like this, but it might allow a home occupation.
    Mr. Campbell asked Mr. Hood to explain any reservations the Parks and Recreation Commission had.  Mr. Hood said the Commission raised questions about several issues.  One is the potential impact of a sewer line crossing Grindstone to connect to existing City sewers located in the park.  He pointed out that Grindstone Park had been purchased with federal dollars.  Mr. Hood reported there would be several levels of review to go through before approval would be given to run the sewer line.  The Parks and Recreation Commission also expressed concern about adequate storm water control and runoff affecting the different drainage systems, in addition to the aesthetic impact on the park.
    Based on the existing zoning and if someone were to build a residence on the property in question, Mr. Janku asked whether the City could deny access to the sewer.  Mr. Boeckmann said the City is the property owner of the park, and he did not think there is a legal duty to provide sewer easements to adjoining neighbors.
    There was a question about how much C-1 exists on the property.  Mr. Hancock thought it appeared to be about one-third of an acre.  Mayor Hindman asked what could be put on one-third of an acre.  Mr. Kruse said with the parking requirement, it would be difficult to develop anything on it.
    It was decided by the Council that they preferred a planned development at this particular site.  Mr. Snyder was asked if he would like to have the matter tabled to the next meeting.  Mr. Snyder said he would.
    Mr. Campbell made the motion that the public hearing be continued, and that B271-98 be tabled to the October 5, 1998, meeting.  The motion was seconded by Mr. Coffman and approved unanimously by voice vote.

B272-98     Authorizing construction of a 12-inch water main to serve Country Farms, Plat 2;
                    providing payment for differential costs; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck said this bill, and the next two, were all being done in accordance with City policy.  He explained that the City would be paying the differential cost between what is felt the developer should be providing, and what is felt to be a community benefit.
    Mayor Hindman opened the public hearing.
    There being no comment, Mayor Hindman closed the public hearing.
    B272-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B273-98     Authorizing construction of an 8-inch water main to serve Country Farms, Plat 2;
                    providing payment for differential costs; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the cost to the Water and Electric fund in this case would be $4,048.
    Mayor Hindman opened the public hearing.
    There being no comment, Mayor Hindman closed the public hearing.
    B273-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B274-98     Authorizing construction of a 12-inch water main to serve Smithton Ridge, Plat 1;
                    providing payment for differential costs; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck said the cost to the Water and Electric fund in this case would be $17,181.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B274-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B275-98     Calling for bids for water main upgrade along Fifth and Elm Streets.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this would replace an old four inch line with an eight inch line.  The estimated cost is $70,785.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B275-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B276-98     Authorizing construction of an 8-inch water main running along I-70 Drive SW.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this would close a water line loop situation.  The estimated cost is $12,000.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B276-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B277-98     Calling for bids for water main project on Clark Lane and transferring funds.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this is a twelve inch main along Clark Lane from Ballenger to Lake-of-the-Woods Road.  The estimated cost is $128,625.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B277-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

(A)     Voluntary annexation of South Providence Road right-of-way.
    Item A was read by the Clerk.
    Mr. Beck explained that this would annex about 9.7 acres of right-of-way from State Farm Insurance northward to the existing City limits.  He said the property on both sides is already in the City limits, so this annexation would close a gap in the area.  He said a related ordinance will be introduced under New Business.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
 
OLD BUSINESS
B280-98     Appropriating funds for temporary help and overtime in the Finance Department.
    The bill was given second reading by the Clerk.
    During July and August, Mr. Beck explained there had been a substantial number of requests for services, particularly in all of the utility services.  He had authorized temporary additional personnel in order to keep as current as possible.  He said this would appropriate money from the fund balance in the Utility Service Fund to pay for the extra help.
    Mr. Coffman asked if customer service is tracked to determine the length of time used to address work orders.  Ms. Fleming said in the last couple of weeks they have gotten reports out of the upgraded phone system, so they can now start doing that.  She said the Utility Supervisor has a terminal behind her desk that will tell her how many calls are in the queue.  She said they used to get report, but these were produced after the fact.  Ms. Fleming reported staff now has the ability to better respond to the hourly fluctuation of phone calls received.  Mr. Coffman said it is very important to keep up prompt customer service.
    B280-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B281-98     Authorizing an agreement with Bucher, Willis and Ratliff Corporation for design of Bear
                    Creek Trail Phase IV.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the staff had gone through a formal request for proposals, interview process, etc.  He said this is the firm recommended by the staff.  He explained that it would provide design work of about 1.4 miles in length from 763 to Oakland Park.  The estimated cost for the design work is not to exceed $39,138.
    Mayor Hindman commented that he is pleased to see the trail get this far.
    B281-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B282-98     Acquiring land necessary to construct the Nifong Boulevard intersection improvements at
                    Forum Boulevard and Bethel Street.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that the public hearings had been held previously on this project.  He said this would acquire the necessary right-of-way to complete the project.
    B282-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B293-98     Removing position of Public works Director from the Planning and Zoning Commission.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the statutes have changed with regard to the City's ability to regulate billboards along state highways.  He said that made it possible to remove the City Engineer's position from the Planning and Zoning Commission.
    Mr. Patterson commented that he has enjoyed his ten months on the Commission.  He added that the Commission does a remarkable job on behalf of the City.
    Mr. Janku thanked Mr. Patterson for serving on the Commission.  He said the Council could amend the ordinance to remove the Public Works Director, but still leave 10 members on the Commission.  Mr. Coffman suggested there would be more likely to be a tie with 10 members.
    Mayor Hindman thanked Mr. Patterson for his excellent contribution to the Commission.
    B293-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B294-98     Federal Transit Administrative FY98 Operating Grant Funds.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that the City is eligible to receive $532,558 in funding.
    B294-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  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.

B278-98     Accepting conveyances for utility, electric and water utility purposes.
B279-98     Accepting a conveyance for water and electric purposes from the Baker Family Company.
B283-98     Calling for bids for construction of the Hinkson Creek Trail, Phase 1.
R186-98     Setting a public hearing: storm water drainage improvements in the North Parklawn Court
                    area.
R187-98     Setting a public hearing: annexation of property located on the east side of Bearfield
                    Road, west of city limits.
R188-98     Authorizing contracts for FHWA and FTA planning grants.

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

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

B295-98     Amending ordinance 15562 to clarify legal description for property specially assessed for
                    sidewalk construction on Katy Lane.
B296-98     Amending Chapter 14 of the Code to establish an all-way stop at the intersection of
                    Cherry and Sixth Streets.
B297-98     Amending Chapter 14 of the Code changing the time limits for certain existing parking
                    meters and adding new meter locations.
B298-98     Confirming the contract for the construction of improvements to the Oakland Park
                    swimming pool.
B299-98     Voluntary annexation of land consisting of right-of-way for South Providence Road.
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.
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.
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.

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

(B)     Street Closure Request.
    Mr. Beck explained that this request involves closing Fourth Street, between Ash and Walnut, on Saturday, October 3, for a Carrier Recognition Picnic given by the Tribune.
    Mr. Campbell made the motion that the request be approved as submitted.  The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.

(C)     Lobby Committee Report.
    Mr. Campbell made the motion that Option 3 be adopted.  The motion was seconded by Ms. Coble and approved unanimously by voice vote.

BOARDS AND COMMISSIONS
    Upon receiving the majority vote of the Council, the following individuals were appointed to the following boards and commissions:

BUILDING CONSTRUCTION CODES COMMISSION
Lidholm, Eric H., 4004 Fall Ridge, Ward 5 - term to expire 8/1/01
Hencey, Stephen, 2101 Chambray, Ward 4 - term to expire 8/1/01

CONVENTION & VISITORS ADVISORY BOARD
Baker, Edward L., 1804 Katy Lane, Ward 4 - term to expire 9/30/00  (O/O)
Cecil, Gregory A., 1700 Oak Cliff, Ward 4 - term to expire 9/30/00
Gelatt, Rod G., 1020 LaGrange Ct., Ward 5 - term to expire 9/30/00
Kovall, Kevin, 803 Royal Birkdale, Ward 5 - term to expire 9/30/00  (O/O)

BOARD OF HEALTH
Chastain, C.B., 1908 Rainwood, Ward 4 - term to expire 8/31/01

PERSONNEL ADVISORY BOARD
Collins, Robert F., 1419 N. Azalea, Ward 6 - term to expire 9/30/01
Touzeau, Karen C., 2901 Conestoga Ct., Ward 5 - term to expire 9/30/01

COMMENTS OF THE COUNCIL, STAFF, AND PUBLIC
    Mrs. Crockett commented that she had been contacted by the Benton-Stephens PTA, and this organization has raised $4,500 for playground equipment for Benton School.  She said the school is curious as to whether the City could help provide funding for the playground equipment, like had occurred with Grant School.  She pointed out that this is an area where there is no large park for the children, so they primarily play in the school yard.  Mayor Hindman asked the staff to check into it.
    Mrs. Crockett made the motion that the staff be directed to report back on the issue.  The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
    Mr. Kruse explained that he is planning to attend a conference on growth management in Austin, Texas.  He had sent a memo to the Mayor about the possibility of maybe a coalition of Council and County Commission members attending the conference.  He learned today that Commissioner Stamper would be attending, as would two members of the Planning and Zoning Commission.  Mr. Kruse said it would be a good opportunity for the two groups to attend together and learn something that might facilitate their joint planning efforts.  He asked that other members of the Council consider attending as well, in addition to sending at least one City Planning and Zoning Commissioner.
    Mr. Kruse said he had met with Mr. Patterson, the City Arborist, and representatives from the Department of Transportation some time ago about developing a landscape plan for the east side of Providence, south of Carter Lane.  He asked about the status.  Mr. Patterson said he would check on the status and report back.
    Mr. Kruse said the new Kentucky Fried Chicken on Nifong has installed the kind of commercial lighting that is undesirable.  He said it is glaring, excessive and inappropriate.  He asked about the status of the report on street lighting standards.  Mr. Beck said he would check on it and report back.
    Regarding the redevelopment occurring at 415 Locust, Ms. Coble said the owners asked whether there might be a way for the City staff to lower the sidewalk specifications in front of the property, so there will not be concrete from the curb up to what will be the office.  She said the standard size sidewalk for downtown is much larger than what is actually needed because some site landscaping in front of the building is planned, as opposed to having concrete from the curb to the door.  Mr. Janku pointed out that ADA curb cuts would still be required.  Ms. Coble said she would give the information she received about this situation to the staff.
    Mr. Janku said the City previously acquired some land as part of the Bear Creek Trail, adjacent to Oakland Park.  When this land was acquired, the City did not get any access from the subdivision to the trail itself.  Mr. Janku reported that recently a couple of nearby lots have come on the market and would be sold at an auction.  He asked if there was any way the City might acquire access now.
    Mr. Janku said he had been contacted by someone with a yard greeting sign business.  He said these are signs that are put up for birthdays, birth announcements, etc.  The sign ordinance does not allow for the name of the business or the phone number to be placed on the sign.  He asked for a staff report.  Mr. Kruse thought the signs were prohibited.  Mr. Janku said he did not think the sign itself was prohibited, but the logo with the name and phone number is.  Mr. Boeckmann said it would probably be considered a non-commercial sign except when putting the name of the business on it.  Mr. Janku asked for a report.
    Mr. Janku said he is pleased to see the Sixth Street stop sign ordinance being introduced.  He asked for an evaluation of Fifth and Cherry also.  Mr. Campbell added the Elm and Hitt Street intersection as well.
    Mayor Hindman said he would like to increase the size of the Bicycle Commission and change it to a Bicycle/Pedestrian Commission.  He would like for the amount of commissioners to be doubled, depending upon current membership requirements.  Mr. Boeckmann said he would draft an ordinance for Council consideration.
    At both new garages, Mayor Hindman thought it would be a good idea to get some painted crosswalks where people exit the garages and have to cross the streets.
    Mayor Hindman suggested that the MKT Trail be better marked from Stewart Road to downtown.  He noted it is confusing as it currently exists.
    The meeting adjourned at 12:15 a.m.
                                                                                         Respectfully submitted,
 
                                                                                         Penny St. Romaine
                                                                                         City Clerk