M I N U T E S
 CITY COUNCIL MEETING - COLUMBIA, MISSOURI
 AUGUST 2, 1999
 

INTRODUCTION
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, August 2, 1999, in the Council Chamber of the City of Columbia, Missouri.  The roll was taken with the following results: Council Members CROCKETT, CAMPBELL, COFFMAN, HINDMAN, CRAYTON, and JANKU were present.  Member JOHN was absent.  The City Manager, City Counselor, City Clerk, and various Department Heads were also present.

APPROVAL OF MINUTES
    The minutes of the regular meeting of July 19, 1999, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mr. Coffman.

APPROVAL AND ADJUSTMENT AGENDA INCLUDING CONSENT AGENDA
    Upon her request, Mr. Campbell made the motion that Mrs. Crockett  be allowed to abstain from voting on B243-99 and B247-99.   The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    The agenda, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mrs. Crockett.

SPECIAL ITEMS
    None.

SCHEDULED PUBLIC COMMENTS
1.      John Clark - Problems and Opportunities at Douglass Park.
    John Clark, 403 N. Ninth, explained that he had been told by several people that behavior at Douglass Park is out of control this summer.  He reported that in many ways the park is dominated by adult males which is primarily a result of the design and layout of the facilities within the park.  He outlined the various amenities within the park.  Mr. Clark passed out recommendations compiled by The Friends of Douglass Park.  He believed the most important recommendation is for more police officers for the community policing effort.  Mr. Clark thought the program is floundering for lack of personnel.
    Mr. Janku noted that the proposed budget contains a request for five additional police officers.
    Ms. Crayton did not disagree with any of the recommendations, but wanted to point out that the activity in the park was just a small part of what is going on in the neighborhood.  She said the City could not do it all, it would take the entire community to work on the problem.  Ms. Crayton indicated she would like to see more drug rehabilitation centers established.

PUBLIC HEARINGS
(A)     Proposed ballot issues RE: extension of the 1/4 cent capital improvement sales tax and
          increasing the City's hotel/motel tax for Convention and Visitors Bureau activities.
    Item A was read by the Clerk.
    Mr. Beck displayed overheads and summarized what was discussed in detail at the last meeting.  Being proposed for the November ballot is the extension of the current 1/4 cent capital improvement sales tax and an adjustment of the current hotel/motel tax from 2% to 4%.
    Mayor Hindman reopened the public hearing.
    Rod Gelatt, 1020 LaGrange Court, spoke as a member of the Convention and Visitors Bureau in favor of the proposed increase in the hotel/motel tax.  Mr. Gelatt said the increase would not impact potential users because the tax is not above the national average.  As a result, it is not considered regressive nor viewed negatively by potential users as long as the revenues from that tax are perceived as benefitting the travelers -- going exclusively to promote tourism.
    Mr. Campbell noted that in the upcoming election, Kansas City would be voting to raise their tax from 5.5% to 6.5%.  He asked Mr. Gelatt if they are one of Columbia's competitors.  Mr. Gelatt believed that was correct, although he felt Columbia was more in competition with Jefferson City and Springfield.  Mr. Campbell said if the Kansas City issue is passed, it would increase their tax to 13.1% and Columbia would be way below that.  Mr. Gelatt agreed that was true.
    Gale Bank, 1214 S. Fairview, also spoke as a member of the Convention and Visitors Advisory Board.  Mr. Bank explained that he had spent nearly 25 years as a meeting planner.  He reported that local taxes on hotel accommodations is not a significant issue when selecting a city as long as the amount of that tax is close to the national average, and the tax is used to support tourism.
    Mayor Hindman commented that the proposal, in the event the issue passes, is that there be a commission largely comprised of people involved in tourism, and this group would make decisions as to how the 1% would be used in connection with attractions for tourism.
    Jan Grossman, spoke on behalf of the Special Business District in favor of the hotel/motel tax issue.  She said that tourism is very good for Columbia and its businesses, and this tax would help promote tourism further and help the business community grow.  Ms. Grossman reported the SBD voted unanimously in favor of putting the issue on the ballot.
    Larry Cowgin, 303 E. Briarwood, President of the Central Columbia Association, said they also voted unanimously to support the tax proposal.  They believed that a portion of the funds that would be used to promote festivals and area attractions can do nothing but help Columbia, particularly the downtown area.
    Lucille Salerno, 806B Bourn, President of the John William Boone Heritage Foundation, explained that their intention is to contribute to tourism in Columbia with the Boone Home.  The Foundation is supportive of the proposed increase in the hotel/motel tax.
    Reverend William Young, 3901 St. Charles Road, President of Columbia Inter-Light Ministries, a Community Development Corporation, spoke in support of the proposed tax increase.
    Greg Ahrens, 1504 Sylvan, spoke in support of both ballot issues.  He commented on the lack of green space in the Whitegate area.
    Mrs. Crockett asked staff whether land had been purchased for a pocket park in this area.  Mr. Hood said they are looking at a piece of ground, but it has not been acquired yet.
    Henry Lane, 1816 E. Broadway, suggested that the Recreation Committee, as a private group, purchase the coliseum at the Fairgrounds and make the necessary renovations.  He said they would own the coliseum as a private entity which would take the taxpayers completely out of the situation.  He believed the County taxpayers would also benefit because they would partially recoup part of their cost in acquiring the Fairgrounds.
    Mayor Hindman continued the public hearing.

B208-99A     Rezoning property located on the south side of I-70 Drive Southeast, east of Glenstone
                       Drive from C-3 and M-C to M-1.
    The bill was read by the Clerk.
    Mr. Hancock explained that there is a request to rezone Tract A from C-3 to M-1 and Tract B from M-C to M-1.  He noted that the new and reduced configuration is different from what was presented to the Planning and Zoning Commission.  Mr. Hancock believed the Commission's recommendation had been to deny the original request.  He noted the new configuration seems to address the concerns the neighbors had at the Planning and Zoning public hearing.  Mr. Hancock indicated staff has no problem with the new request.
    Mayor Hindman opened the public hearing.
    Tom Schneider, an attorney with offices at 11 N. Seventh, spoke on behalf of NBC, Inc., the purchaser of the property.  He explained that they intend to develop an industrial park somewhat like Boone Industrial Park.  He said it would be a 25 acre development with most of the lots being comprised of one or two acres, although there is a six acre tract in the northeast corner which would be the site of a new Rowland Machinery Company facility.  He circulated photos of one of their facilities in St. Louis.  Mr. Schneider explained that Rowland sells construction equipment like bulldozers and, for display purposes, has a need for M-1 zoning as opposed to M-C -- which has rigorous landscaping and screening requirements.  Mr. Schneider noted that the initial concerns of the Commission and the staff have been addressed by the amendments.  He said the old agreement for an M-C buffer immediately south of Tract B would be left intact and the old buffer in back on the south side would remain A-1.  Mr. Schneider also distributed photos of the nearby adjoining properties and reported the proposed development would be compatible with what currently exists.
    Mayor Hindman asked that the developer pay particular attention to making the area look attractive.
    Mayor Hindman closed the public hearing.
    B208-99A was read with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN, HINDMAN, CRAYTON, JANKU.  VOTING NO: NO ONE.  ABSENT: JOHN.  Bill declared enacted, reading as follows:

B240-99     Authorizing water main project along Grant Lane.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this project is located in southwest Columbia, and the City has a territorial agreement with Consolidated Water District No. 1 to serve this specific area.  The proposal is to replace the old water main with a new one at an estimated cost of $50,000 to be paid for out of Water and Light Department funds.
    Mayor Hindman opened the public hearing
    There being no comments, Mayor Hindman closed the public hearing.
    B240-99 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN, HINDMAN, CRAYTON, JANKU.  VOTING NO: NO ONE.  ABSENT: JOHN.  Bill declared enacted, reading as follows:

B241-99     Authorizing water main project along Lyman Drive.
    The bill was given second reading by the Clerk.
    Mr. Beck said this substantially smaller project will tie the ends of two water mains together providing a water line loop.  The estimated cost for this six inch line is $15,400 and will be paid for out of Water and Light funds.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B241-99 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN, HINDMAN, CRAYTON, JANKU.  VOTING NO: NO ONE.  ABSENT: JOHN.  Bill declared enacted, reading as follows:

B242-99     Calling for bids for the installation of a 12" water main along Starke Avenue.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this large project is located in northeast Columbia.  He said the water main would serve the Fairground property, the Boone County Jail, the National Guard Armory, Reality House, and several other businesses in the area.  He said it would tie together a 16" main on Route B to 8" and 12" mains on Roger Wilson Drive.  This project would be paid for out of Water and Light Funds.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B242-99 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN, HINDMAN, CRAYTON, JANKU.  VOTING NO: NO ONE.  ABSENT: JOHN.  Bill declared enacted, reading as follows:

B243-99     Approving the Southampton Center C-P Development Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this request had been approved by the Planning and Zoning Commission on a 6-2 vote; however, they provided a fairly long list of conditions that were to be met by the developer.  He understood the applicants were willing to meet all of them with the exception of eliminating the driveway access on Southampton Drive.  Mr. Beck noted staff is recommending that the access not be approved.
    Mr. Hancock explained that this tract, formerly known as the Villa Madeira tract, has remained vacant.  He stated there had been a lengthy discussion about the driveway locations at the Planning and Zoning Commission meeting, and they finally recommended that there be no driveways on Southampton to assure safety and smooth traffic flow.  The other condition relates to Corporate Plaza Drive.  Mr. Hancock reported this is an issue because the right-of-way for this particular road lies outside of the tract being planned for and subdivided.  He believed the applicant was not opposed to the condition that building permits be held up on these particular lots until the right-of-way is dedicated and the road is built.  Mr. Hancock did not know that there had been a resolution regarding the driveways on Southampton.
    Mr. Patterson reported that staff has always felt this project could be developed without the driveway entrances shown.  He said they still do not think these entrances are necessary or needed.  He related that staff met with the developer and the developer's engineer, and they have been very cooperative in trying to address the concerns that were expressed.  Mr. Patterson explained that the applicant believes the entrances are necessary for development purposes and have proposed, in conjunction with the City's traffic engineer, some alternatives for the Council to consider.  He said if the Council feels that the driveways on Southampton are of benefit and essential to the development, staff would recommend that the alternatives that were proposed at that meeting be required -- the extension of the median to the west to prevent turns, and the construction and configuration of the other driveway in such a manner to prevent left turns and that there is a pocket for traffic entering it.
    Mr. Janku asked about items three and four and whether or not they were addressed by the staff after the meeting with the Planning and Zoning Commission.  Mr. Patterson noted those are the issues relating to right-of-way and the westbound left turn.  He explained that when Villa Madeira was platted, the City obtained half collector width right-of-way.  Due to the school property on the north, staff chose to offset the centerline of Southampton southward in order to avoid Stadium and other improvements to the school.  At that time, the eight additional feet of right-of-way had been acquired from the property the City had to purchase.  When looking at the rationale for the additional right-of-way, Mr. Patterson commented it was staff's perception that the City has already obtained more than the half width off of this property, and the additional 33 feet has been legitimately dedicated by previous platting.  With regard to the left turn, he said the applicant has raised the issue that this development would not be the sole cause for requiring the intersection to be widened.  In looking at the configuration of the intersection, Mr. Patterson said the City would have to do something on the north side to make the left turn movement work.  He noted that staff has been in communication with the school as they are currently revising their master plans.  Mr. Patterson reported staff is working with the School District on the entire corridor because they are planning on having an access on the south side of Southampton, which the City would try to work into an intersection.
    Mayor Hindman opened the public hearing.
    Cullen Cline, an attorney with offices at 806 Locust, spoke on behalf of Randy Macon, the developer of the project.  Mr. Cline felt that the only remaining issue was the question of access on Southampton.  He said the developer is willing to move the westernmost drive to the east a little bit and then extend the median so there could be no left turn off of Southampton to create a right in, right out.  Mr. Cullen explained the developer feels it is essential to have access to Southampton.
    Mr. Campbell asked if he understood correctly that the developer is willing to bear the cost of all off-site traffic changes such as extension of the median and slip lanes.  Mr. Cline said he would let the developer answer that.
    Randy Macon, 3704 W. Rollins, stated he is the contract holder on the property.  Mr. Macon explained that Executive Drive will be placed on this property.  He reported that it takes away from the salability of the property, but in order to get an alternative route over to Providence Road, they did it.  Mr. Macon pointed out they are giving up ground and spending dollars to construct the road to help facilitate some of the things the City and neighborhood has wanted for some time.
    Regarding Mr. Campbell's question about paying for all off-site traffic requirements, Mr. Macon said they spoke to Mr. Patterson and understood him to say there may be some sharing of funds.  Mr. Patterson responded the cost sharing related to the possible widening of the intersection at some point in the future.  He indicated it is staff's understanding that the specific things the developer would pay for are the extension of the island, creating a pocket lane, and constructing their street.  Mr. Patterson reported it did not include signalizing intersections or anything like that.
    In view of the new proposed intersection that would involve the high school, Mr. Campbell asked if that would be too many cuts too close together.  Mr. Patterson said staff felt there would be too many.  He acknowledged the developer is trying to do it the right way, but staff believes it is too much.
    Mayor Hindman noted that the Council feels a lot of pressure from some of the bad intersections around town.  He said oftentimes problems exist because there are too many cuts too near the intersections.
    Bill Crockett, project engineer with offices at 2608 N. Stadium, said restricting entrances onto Southampton really deters from the ability to use the property in a proper fashion.  He reported that after the Planning and Zoning meeting, the developer, the property owner, the real estate company, and himself met with Mr. Patterson and members of his staff.  Regarding the public street to the west (Executive Drive), Mr. Crockett said it was approved on a preliminary plat without much input from the landowners in 1986. He noted the street is located in excess of 600 feet west of Old Providence Road, the outer roadway.  That puts it 750 feet from the existing Providence Road which carries the traffic now.  Mr. Crockett commented it has been questioned by City staff from time to time as a possible interconnecting link between North Cedar Lake Drive and Southampton because of the barrier curb that stops the through traffic on the outer roadway.  Regarding the concern about the western entrance, Mr. Crockett said that had been addressed in a number of ways -- they have introduced a right turn lane, a pocket lane off of the main drive, and an island that eliminates the left hand turn coming out of the parking lot.
    Mr. Janku asked about the easternmost access.  He asked if there was anything to preclude someone from crossing over the traffic lanes and making a left turn heading north on the outer roadway.  Mr. Crockett said there is an island that would prevent left turn movements.
    Mr. Crockett said there was a possibility of some lane widening being required on the north side of Southampton.  However, with the ongoing negotiations they did not feel it appropriate to widen it for a left turn lane, so they agreed to escrow money to be applied toward the improvement when the school builds their intersection.  He said then the project could be done at the same time.  Mr. Crockett stated this proposal is shown on the plan and he believed it to be acceptable to the Public Works Department.
    Mr. Campbell believed the developers have done a commendable job, but there is a principle the Council needs to address relating to how many entrances are appropriate and where they should be located.  He thought a better planning principle in many cases may be that entrances to any major commercial development should be accessed at lighted or controlled intersections to allow for better traffic flow.  Mr. Campbell asked if staff was still recommending that the Council not approve any roadways onto Southampton.  Mr. Patterson replied that is their opinion.  He reported the applicant had asked if there were entrances, what was the best they could do.  Mr. Patterson indicated they have proposed a design that was the best alternative, but as a policy issue looking at the future, the entrances are still very close to the intersection and staff feels it will impede traffic.
    Mr. Beck asked if there is a projected signal in the area involving the school.  Mr. Patterson responded there is not one planned, but they anticipate the potential for one if the school opens an entrance at this location and significant traffic is generated to the south.  He noted the intersection is closer to Providence than they prefer, but it is about 700 feet which would allow more room than what exists in some other locations.
    Mr. Boeckmann explained that the ordinance, as drafted, has the provision that the plan be revised so there is no driveway access onto Southampton Drive.
    B243-99 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, COFFMAN, HINDMAN, CRAYTON, JANKU.  VOTING NO: NO ONE.  ABSTAINING: CROCKETT.  ABSENT: JOHN.  Bill declared enacted, reading as follows:

B244-99     Approving a revision to the University Chrysler C-P Development Plan.
    The bill was given second reading by the Clerk.
    Mr. Hancock reported this is a fairly straightforward revision to their C-P Plan.  He said the applicant would like to replace the existing free standing sign with a shorter, smaller sign and replace the wall signs with as much wall signage as they currently have.  The current C-P plan does not include any sign regulations or any sign information.  Mr. Hancock said the Commission recommended approval.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B244-99 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN, HINDMAN, CRAYTON, JANKU.  VOTING NO: NO ONE.  ABSENT: JOHN.  Bill declared enacted, reading as follows:

B245-99     Approving a revision to the Kardon C-P Development Plan; granting a variance to the
                    Subdivision Regulations.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that approval of this request was recommended by the Planning and Zoning Commission on a 6-2 vote.  He said it would expand the existing structure at the corner of North Boulevard and Coats Street.
    Mr. Campbell understood this was for an auto parts store to be changed to a repair shop.  Mr. Hancock said that had been a point of contention.  He said the zoning ordinance that approved the plan stated it to be a combination auto part sales, auto repair, and auto parts accessory storage.  He noted all of which would be allowed under the terms of the 1992 ordinance.  When the plan was prepared and brought in, it happened to show auto part sales on it, or something to that affect.  Mr. Hancock said the neighborhood feels that overrides the ordinance that approved the original C-P zoning that allowed auto repair.  He indicated the applicant is not changing anything in terms of the use.
    Mr. Hancock also pointed out the applicant is requesting a variance from the requirement for constructing a sidewalk along North Boulevard.  The Commission considered and recommended approval of this variance.  Mr. Hancock explained there is simply no room to put a sidewalk in while still allowing for the necessary landscaping requirements.
    Mr. Campbell asked if parts could be taken off of vehicles to be sold, and whether that would be considered a salvage yard.  Mr. Boeckmann said one sale would not make it a salvage yard, but if the owner continued to do it, it could probably be considered a salvage yard.
    In terms of storm water runoff, Mr. Janku asked if there is a problem with the existing structure, what could be done to ensure this situation would be corrected (if this application is approved).  Mr. Patterson said he was not sure the site itself would apply under the Land Disturbance ordinance because it is less than two acres.  He said the City has no retroactive ability to go back and make an individual do something they are not changing.  Mr. Patterson explained that whatever activities they engage, like putting in a parking lot and landscaping, those would have to comply with current ordinances.  He said if there was a real problem prior to this, he did not see our ordinances being able to make the applicant correct it as part of this process.
    Mayor Hindman asked about adding to the problem by allowing the expansion of a building.  Mr. Patterson responded that what the applicant is responsible for would be subject to current regulations.  To have a land disturbance permit requires that the site be two acres or more.  If it is a site plan on a smaller tract, the plan has to address what will be done -- it does not go back and address what was there before.  Mr. Patterson indicated staff would only look at additional water that is generated by the project.
    Mr. Campbell asked if the staff checks for the quality of the run-off (whether it contains contaminants).  Mr. Patterson said there are not any water quality standards for run-off.  Mr. Campbell asked about oil or other substances running-off.  Mr. Patterson said the owner is liable for any pollutant discharging from their property.  Although, that is not something the staff checks for.
    Mayor Hindman opened the public hearing.
    Ted Kardon, 1909 Jackson, spoke on behalf of his parents, Thomas and Pam Kardon.  He reported the proposal is to build an extension on the new building to be used mostly for storage for new parts.  He said there are cars on this site now that are customer cars and are not used for parts.  Mr. Kardon explained the owners of these vehicles have been contacted and asked to pick up their cars.  As soon as the lot is empty, they will be able to proceed with the expansion.  Mr. Kardon showed a video of the building and its surroundings.  He noted that there are no parking problems and they have received no complaints from anyone.   Regarding the sidewalk, he said there is not enough room for one, but they are willing to work with the City on it.  Mr. Kardon noted there is sidewalk on one side of the building.
    Mr. Campbell asked if they sell only new parts.  Mr. Kardon responded they sell only new parts.
    Linda Roots, 807 N. Eighth, a board member of the North Central Columbia Association, said they have talked to the Kardon's about their plan.  She asked about the plan Mr. Hancock addressed earlier.  She said it showed a building that was marked partly retail space and partly store room.  It did not have a mechanic shop shown on the plan.  It was the Association's contention that putting in that shop changed the plan.  She said they understand that auto repair is one of the uses allowed in the zoning, but they felt that in this case it changed the plan.
    Ms. Roots pointed out that auto repair is an industrial use and does not really belong in a C-P area, especially next to a residence.  The auto repair garage built on the east part of the site was against the existing zoning at that time.  She said the rules were stretched to make that use fit in a C-P plan so that Mr. Brammer could continue using the facility that Mr. Kardon had already moved him into.
    Ms. Rootes related the Council was next asked to approve a plan for the west part of the site, and that plan shows the building labeled as retail space and store rooms.  Recently, without building permits, she reported that Mr. Kardon began to install lifts to convert part of that store room into a mechanic bay.  Ms. Rootes observed that now Mr. Kardon needs more storage room.  She wonders how soon before he decides that he needs another mechanic and the addition is changed to add another mechanic bay.  Ms. Roots noted the original garage he still operates on the north side of North Boulevard is actually a non-conforming use in C-3 -- it is grandfathered.
    Through the years, Ms. Rootes observed that Mr. Kardon has managed to work his way up to over seven mechanics in an area that is not quite appropriate for any.  She said that he is a hard worker and a wonderful role model for young men and women in the neighborhood, and it is understandable that he wants to squeeze every cent of profit out of his assets.  Ms. Rootes believed Mr. Kardon's problem is that he is too successful and his business is bursting at the seams.  She reported the Association felt he has outgrown this location, and the auto mechanic shop is not in conformance with the approved plan.  Ms. Rootes asked that the Council not approve the change.  Regarding the addition, she said if the Council feels the area has the capacity to handle more traffic and congestion by allowing the expansion, the Association would like them to find a way to ensure that the additional space cannot be converted into another mechanic bay.
    Thomas Kardon, 1909 Jackson Street, owner of Tom's Imports, explained that the addition will be used to store large, new parts.  He reported that there are three mechanics, including himself, working for the business.  Mr. Kardon stated his wife stays in the parts area.
    Mayor Hindman asked if repair work is done in this building.  Mr. Kardon said it is.  He said the old building is used to store parts, which is what he wants the addition for -- parts storage.  Mayor Hindman asked about the concern voiced about expansion of mechanic bays.  Mr. Kardon said there is no room for mechanic bays in the new addition because the height of the ceiling would not allow for a lift.  He said there would be no doors or windows in the back and they are only building three walls, not four.  Mr. Kardon stated the addition would be used for storage only.
    John Clark, Vice-president of the North Central Neighborhood Association, reiterated the concerns voiced by Ms. Roots.  He said they believe Mr. Kardon is operating a non-conforming use and should not have been given a certificate of occupancy for the 40% of the building he is using presently.  He asked the Council to deny the request and specifically address the question of what role the plan has.
    Mayor Hindman closed the public hearing.
    Regarding storm water run-off, Mr. Janku asked if there could be a condition in the approval of the plan that would require improvements which would eliminate the problem.  Mr. Patterson was not sure the problem has been defined enough to say what the requirements would be.  Mr. Boeckmann said the Council could add a condition if it was reasonable, but generally speaking when there are standards in place, it is hard to single out one business unless there is some special reason to do so.  Mayor Hindman said there is evidence of run-off into a neighboring yard which is causing problems.  He thought it was possible that there could be a civil remedy for the neighbor.  Mr. Boeckmann said if the applicant was doing something to worsen the situation, he thought the Council could impose conditions.
    Mr. Janku said he had visited the site over the weekend and had seen twelve vehicles, eight of which had no legal license plates.  He said it was something more than just customer cars waiting to be picked-up.  Mr. Janku did not believe customers drive with unexpired plates.  He asked if there was some way the City could prohibit storage of these vehicles on that parking lot as a condition of plan approval.  Mr. Boeckmann noted that the ordinance on unlicensed vehicles specifically exempts these kinds of businesses.  He said it was a question of whether, through zoning, the Council wants to apply something to just one business.  He thought that would be a problem.  Mr. Janku asked about posting "for sale" signs on vehicles parked in the lot.  Mr. Boeckmann replied that arguably, that is already a violation of the zoning ordinance.
    Mr. Campbell asked about the legality of a repair use in a C-P plan that stipulates a retail use.  Mr. Boeckmann said it could be argued both ways.  Under the zoning code, the use is supposed to be designated at the time the ordinance placed it in C-P zoning.  He said that is what was done in this case -- it is identified as a auto repair business.  He said it does not limit it to any one place.  In a C-P zone, the applicant does not have to specify what each area is used for.  Mr. Boeckmann noted it could be argued the other way also.  He commented that is the problem when putting anything on a plan that goes beyond the bare bones requirements of the ordinance.  Mr. Boeckmann suggested that if the Council wants to limit the repair use to one building, it would be wise to add language to that affect rather than simply approving the plan.  From the property owner's point of view, if he wants to be able to have these uses any place, he ought not to be labeling the plan.
    Mr. Coffman asked what control the plan itself actually has.  Mr. Boeckmann said the plan would show the location of the building, and if the property owner wanted to move it someplace else, they would have to come in and ask for an amendment to the plan.  Mr. Coffman said it sounded like it was just primarily the footprint of the structures that was controlling.  Mr. Beck said it was more than that, it also included the physical features and accesses.
    Mrs. Crockett asked if there had been any complaints about vehicles being parked on the parking lot with expired plates.  Mr. Patterson said he was not sure, but when staff receives information that a C-P plan is being violated they take action to enforce it.  Although, unfortunately they sometimes do not see the condition before the violations occur.
    There was a discussion about unlicensed and inoperable vehicles.  Mr. Boeckmann read the exemption as, "that the property involved is the site of a lawful motor vehicle sales or service business or a lawful junk yard".  Mayor Hindman thought the most objectionable part of this is the idea that there would be unlicensed vehicles sitting there for long periods of time.
    If approved, Mr. Janku said he would look at this as an expansion.  He said the expansion would be taking away parking areas currently used by customers who have left their cars there for some reason.  He said this business would have at least the same number of vehicles, maybe more, with lesser space to deal with.  Mr. Janku's concern was that the vehicles would repopulate and there would be more of them in the parking lot on Coats Street.  He did not want to take away existing parking space that will create the increased likelihood of more unlicensed or inoperable vehicles on this residential street.  Mr. Janku wanted to see the parking issue cleared up by removing the unlicensed vehicles before going forward with approving any expansion.
    Mr. Campbell pointed out that unlicensed vehicles cannot be put on the street.  Mr. Janku believed that by decreasing the amount of parking available, customers or other people that would normally be in the lot would be parking on the street.  Mr. Campbell saw that as a supposition.  Mr. Janku asked Mr. Boeckmann if he thought that made a difference.  Mr. Boeckmann said he could see the argument and it would make a condition more rationale than singling out a business for no reason.
    Mr. Kardon was asked to address the issue of unlicensed vehicles.  Mr. Kardon said the vehicles all belong to customers.  He stated the cars are brought to him for vehicle inspections and some of them need a lot of repair.  He reported when a person buys a car without plates, that individual has the right to drive it from the purchase point to the repair shop for a safety inspection, and from there to the Motor Vehicle Office.  Mr. Kardon stated there are no junk cars in his parking lot.
    Mr. Campbell said he found Mr. Kardon's comments to be convincing -- that this business sells new parts and that the unlicensed cars are in transition.  He said Mr. Janku's question was very valid regarding parking as the area is limited.
    B245-99 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN, HINDMAN.  VOTING NO: CRAYTON, JANKU.  ABSENT: JOHN.  Bill declared enacted, reading as follows:

B246-99     Rezoning property located on the southeast corner of Berrywood Drive and Portland
                    Street from R-3 to O-1.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this 5.8 acre tract is located in northeast Columbia.  He said approval was recommended unanimously by the Planning and Zoning Commission.
    Mayor Hindman opened the public hearing.
    Dan Simon, an attorney with offices at 203 Executive Building, spoke on behalf of the Missouri Lions Eye Research Foundation, owner of the building.  He explained that the building was constructed in 1975 when office uses were permitted in an R-3 zone.  He said the ordinance was changed in 1979 and rendered it a non-conforming use.  In order to make it a conforming use, the rezoning is required.
    Mayor Hindman closed the public hearing.
    B246-99 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN, HINDMAN, CRAYTON, JANKU.  VOTING NO: NO ONE.  ABSENT: JOHN.  Bill declared enacted, reading as follows:

B247-99     Rezoning property located at 802, 804, 806, 810 and 812 Conley Road from R-2 to C-P.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this particular request has several conditions associated with it and asked Mr. Hancock to explain the request.
    Mr. Hancock explained that the request before the Planning and Zoning Commission was to rezone this tract to C-P to allow, among other things, a hotel and convenience store.  He stated that after the Planning and Zoning Commission's action, his department received a letter that references a car wash on the site as well.  He noted that had never been considered by the Commission.  Mr. Hancock reported the Commission recommended approval for all C-1 uses and a service station, it did not include the hotel request or the car wash.  The Planning and Zoning Commission felt when a plan was submitted to show the development on the site, a traffic analysis should accompany it -- along with a plan revision to show the hotel.  The analysis should show all the traffic, particularly through the Conley intersection in the vicinity of Sam's and the Wal-Mart Super Center.  The Commission felt that perhaps these amenities could be approved at a later point.
    Mr. Boeckmann pointed out that the ordinance as written includes car wash and motel.  He said if the Council wants to limit the uses according to the recommendation of the Planning and Zoning Commission, they would have to amend the ordinance.
    Mayor Hindman opened the public hearing.
    Wiley Comp, spoke on behalf of Wes' We Go Enterprises.  He reported they wanted to acquire the property for purposes of developing a motel and a convenience store with a car wash.  He said they are prepared to make their recommendations to the staff and adhere to their review comments when the plan is submitted.  However, their plan cannot include C-1 uses only, it needs to be for C-3 uses to allow for a hotel, a car wash, and a convenience store with fueling station capabilities.  Mr. Comp said they have communicated with a traffic group out of Dallas, Texas, who are professionals and understand traffic and specifically look at hotels and multi-use properties.  He reported they believe they can meet the density requirements of the site and are communicating with the Highway Department to acquire some additional rights-of-way the State has abandoned.  He said the property would increase the greenbelt buffering capability for this property.  Mr. Comp reported they have no intention of creating a more severe problem on Conley and 63 beyond what currently exists.  He noted that most hotel traffic does not create multiple ins and outs. Historically, their parking requirements are much less than what is required to be placed on the property.   Regarding the car wash, Mr. Comp said it would be an adjunct facility that would be associated with the convenience store.
    Mr. Campbell noted at the Planning and Zoning meeting there had been considerable discussion about additional traffic studies.  He asked if any studies had been done.  Mr. Comp said they have not done so, but studies will be commissioned as soon as the zoning is obtained.  He said the traffic study would support the C-P plan, it would not support the zoning.  Mr. Campbell said if the Council were to approve C-P zoning tonight with C-3 uses, Mr. Comp could come back with a plan that would include most anything.  Mr. Comp said they would come back with a plan that would be limited to C-3 uses for a hotel, a convenience store and the adjunct facility of a car wash.  He said they would be honoring that through their duration of the use of the property and it would be the only use on the property.
    Mr. Campbell asked what was meant by a limited services hotel.  Mr. Comp said they had the capability to serve a continental breakfast in the facility, but it would not be a sit down restaurant.  Mr. Campbell commented people would have to leave for their evening meal.
    Mr. Janku asked how they could protect against someone else coming in and adding meeting rooms and other things that would generate more traffic.  Mr. Comp said he thought he was offering the very solution they are seeking.  He said they would submit a planned development under C-P that will govern this property for posterity.  He said that would be the only permitted use on this property unless the Council changed it.  Mr. Comp stated they would never ask for it to be changed.
    Mayor Hindman asked if the Council could put that restriction on the zoning approval.  Mr. Boeckmann said the ordinance before the Council would allow all C-1 uses, a car wash, a hotel and a service station.  When a plan is submitted showing those things, the Council could hardly say the applicant could not have a hotel anymore.
    Of the three different uses, Mr. Janku asked about the importance of the car wash compared to the other two.   Mr. Comp said they have found in their studies that a car wash to be about 25-27% of the attraction, and it represents 15-16% of the revenue.  He said the fueling and the car wash combined work well, but the fueling without the car wash did not work as well because it would be easier to drive down the street to one that offers the car wash.  Mr. Janku asked about the location of the car wash.
    Mayor Hindman observed that if the Council were to grant the zoning request and find that the traffic study does not support the proposed development, they would not be in a position to deny the plan.  He could see potential problems with proximity to the intersection and that sort of thing.  Mr. Coffman said he would hate to get too far along without the traffic studies.  Mr. Boeckmann said the Council would have to amend the ordinance if they did not want a hotel included as part of the plan.
    Mr. Comp indicated that he wants to be assured that they are getting what they are asking for.  He said they did not want the property zoned to C-P with C-1 uses for just a convenience store.  He wanted to ensure the language of the zoning accommodates the hotel, the convenience store with fueling capabilities, and the car wash.  Mr. Comp said they cannot use the property under C-1 uses.
    Jim Lowery, an attorney with offices at 901 E. Broadway, spoke on behalf of one of the five owners of the property.  He said most of the concerns being expressed by the Council have to do with how to control the specifics of the development -- when is the traffic study going to come to fruition, how will they be able to assure the access points and the drives are compatible with the area, and how to ensure proper traffic circulation and flow.  He said all of those things can be addressed and controlled through approval of the C-P plan.  He said the request this evening is to simply rezone the property to C-P with C-3 uses, which is required because the plans of the developer include things that would not be within a C-1 zone.  Mr. Lowery commented there would be adequate opportunity to come back and impose reasonable conditions on the development.  He said if the traffic study comes back and it is a problem in the area, or if the access points are a problem, then the C-P would presumably not be approved.  Mr. Lowery said the staff's position is that this is a property that should be developed commercially and certainly should not be residential.  He pointed out that commercial development in this location is in accordance with the Metro 20/20 Plan and the Land Use Plan.
    Kathy Mills, owner of 804 Conley Road, spoke in support of the buyer's request to rezone the property to C-P with C-3 uses.  She said a hotel would bring in more income for the City and that more hotel space was needed.  Ms. Mills urged the Council to rezone the area to C-P with C-3 uses to include the hotel, the convenience store and the car wash.
    Greg Ahrens, 1504 Sylvan Lane, said that planned commercial would be better than open commercial.
 Kurt Hickam, property owner of 806 Conley, spoke in support of the requested rezoning and offered to answer any questions.
    Mark Wallace, owner of 810 Conley, said his lot has a house on it which he has owned for some time.  He said the area is no longer suited for residential due to the traffic noise and dust.  Mr. Wallace observed this is a great opportunity to combine all five properties so that it can be developed in a contiguous tract.  It would also allow for better developmental control and appearance of the entire tract.  Mr. Wallace urged the Council to vote in favor of the rezoning request.
    Mayor Hindman closed the public hearing.
    Mr. Campbell said there was no question as to this property needing to be zoned commercial, and believed the question is one of control.  His concern was with traffic in that this is a location with a major intersection with existing traffic problems.  In addition, three new motels will be opening within the next year on the other side of 63.  Mr. Campbell said he would like to see the traffic study come back with the other hotels factored into the study to see what kind of problems they would be facing.
    Mr. Janku agreed that this property should be zoned commercial.  He said it would be a good spot for a hotel, assuming the traffic issue is resolved.  His concern was with the car wash and traffic back-ups they can cause when everyone decides to wash their cars on the same day.  If the Council were to approve this request tonight, Mr. Janku said a traffic study would not do much good because they would be stuck with the zoning -- even if the study comes out badly.  He thought a traffic study should have been submitted with the rezoning request.
    Mr. Campbell made the motion to amend B247-99 by removing the car wash and the hotel.  The motion was seconded by Mr. Janku.
    Mayor Hindman asked if that was acceptable to the applicants.
    Mr. Lowery explained that the property owners in this case have agreed to an application for rezoning to C-P with C-3 uses, not rezoning to C-P with some lesser category of uses.  He said if the Council is going to restrict the uses less than the C-3 uses, then the property owners, at least his client, does not want to apply for that.  Mr. Lowery reported the residents would not consent to the amendment.
    Mr. Comp reported they want to be governed by the C-P plan, they want to submit a plan and have it approved by the staff, they want to come back to the Council with everything in order to meet the requirements to have a nice development on this property.  He commented if they cannot get the zoning, they will not buy the property.
    Mr. Janku reiterated his concern about the traffic study coming back with indications of significant problems and then the Council would have no discretion.  Mr. Boeckmann said one way the Council could restrict it would be to limit the number of motel rooms, which would make it economically unfeasible for the applicant.  He felt it was an open question as to how much latitude the Council would have.  Mr. Boeckmann would argue that the Council could still have some legislative authority, but by splitting the zoning from the plan, it is easier to argue that they have exercised their legislative discretion when permitting the zoning.  The plan would just allow for administrative discretion.  In this specific case, Mr. Boeckmann explained they would not be zoning for a specific number of beds, so they would have that control if nothing else.
    Because of the applicant's desire to have all or nothing, Mr. Campbell withdrew his motion to amend.  Mr. Janku withdrew his second.
    Mayor Hindman said this is a time when the traffic study is needed before the rezoning request can be granted, although he understood the concerns about spending money on it.  He saw the only reasonable use for the property being commercial of some sort.  He said the Council would either deprive the owner of the only reasonable use, or have to make some sort of compromise with respect to the traffic situation.  Since these lots have different owners, he asked if the City was in a position to stipulate that a common entry or exit has to be used.  He also wondered if the owners could demand curb cuts onto Conley for each lot if they are developed as free standing facilities.  Mr. Hancock thought the properties all have their own driveways now.   He stated that if each of the property owners came in with five different commercial applications, staff would probably recommend that there be joint driveways or combined with each other.  Mayor Hindman asked what would happen if applications came in one at a time.  Mr. Hancock said it was feasible, but these are awfully small lots.
    Mr. Janku asked how long it would take to develop a traffic study of this type, and how long it would take the staff to analyze it.  Mr. Patterson said if the applicant has someone on board, it would probably take 30 to 60 days, and then the staff would need a couple of weeks with it.  Mr. Janku asked about tabling the issue and letting the applicant make a decision as to whether or not they want to come back with the study.  He could not see approving the request without additional information.
    Mr. Comp asked if the City would go 50/50 on the study.  He said an origin and destination study is not a minor project and would cost around $25,000.  Mr. Comp asked the Council to vote on this request.
    B247-99 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON.   VOTING NO: CAMPBELL, COFFMAN, JANKU.  ABSTAINING: CROCKETT.  ABSENT: JOHN.  Bill defeated.

B248-99     Amending Chapter 29 of the City Code relating to commercial parking lots and structures.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this amendment would require Board of Adjustment approval prior to the allowance of a surface parking lot in a C-2 zone.  He pointed out that it primarily relates to the downtown area.  He noted this proposal has been recommended for approval by the Planning and Zoning Commission and by the Special Business District.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Janku was pleased the Commission voted to recommend approval.  He thought it would be good for the community.
    B248-99 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN, HINDMAN, CRAYTON, JANKU.  VOTING NO: NO ONE.  ABSENT: JOHN.  Bill declared enacted, reading as follows:

B249-99     Amending Chapter 29 of the City Code as it relates to parking and landscape screening
                    requirements in Districts O-P and C-P.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this amendment would allow more flexibility on parking and landscaping in O-P and C-P districts.  He noted the Planning and Zoning Commission recommended approval and no one had spoken against it at their hearing.   Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B249-99 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN, HINDMAN, CRAYTON, JANKU.  VOTING NO: NO ONE.  ABSENT: JOHN.  Bill declared enacted, reading as follows:

B257-99     Authorizing construction of storm drainage improvements in the Columbia Cosmopolitan
                    Recreation Area utilizing city forces.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this concerns construction of storm drainage improvements to the drainage ditch along the north side of Business Loop 70 West extending westward from the primary entrance into the Cosmo Park Recreation area.   The estimated cost of the project is $125,000 which would be paid for from the storm water utility.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mayor Hindman said he was pleased to see the new approaches to storm water control and development.  He thought this could be a model project.
    B257-99 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN, HINDMAN, CRAYTON, JANKU.  VOTING NO: NO ONE.  ABSENT: JOHN.  Bill declared enacted, reading as follows:

(B)     Construction of Smith Drive from Windermere Drive west approximately 1,600 feet.
    Item B was read by the Clerk.
    Mr. Beck noted the estimated cost of this project is $321,000, and the City and the adjacent property owners would share in the construction costs.  He asked Mr. Patterson to describe the benefits of the project.
    Mr. Patterson said the development agreement was approved by the Council on June 21, 1999, and it includes a section of street that is outside the City limits and, therefore, is not subject to tax billing.  Through the agreement with the developer, the City will acquire the right-of-way for the portion of road outside the City and the developer on the north side will pay the equivalent of the tax bill cost.  Mr. Patterson explained the developer will also provide engineering on the project in order to accelerate the project.  He reported that Smith Drive will be built to collector street standards of 38 feet in width in accordance with the Major Thoroughfare designation of a collector street.  Mr.  Patterson noted this project will not include sidewalks along both sides of the street because as part of the agreement with the developer, the Council approved the phased development of sidewalks in conjunction with the building construction in the area.  On the south side of the street (The Hamlet), that developer did deposit funding for the sidewalk so it will be included as part of the construction project.
    Since this project will be tax billed, Mr. Patterson stated that there would have to be a public hearing to determine whether or not special benefits have accrued to the properties.  Benefits the Council may wish to consider at that time would be the curb and guttering enhances the appearance and maintainability of the properties, and the project will improve the overall storm water management in the area.  The construction of the street will also provide additional circulation and access to the properties, and the new street surface will provide for better maintenance -- particularly for street cleaning and snow removal.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Campbell made the motion to proceed with final plans and specifications.  The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.

OLD BUSINESS
B237-99     Accepting a grant of easement for utility purposes from Show-Me Central/Habitat for
                    Humanity.
    The bill was given second reading by the Clerk.
    Comments were called for with none received.
    B237-99 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN, HINDMAN, CRAYTON, JANKU.  VOTING NO: NO ONE.  ABSENT: JOHN.  Bill declared enacted, reading as follows:

B255-99     Confirming the contract for renovations to the Armory building and transferring funds.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that four bids had been received with the low bid being $666,200 from Prost Builders.  He reported the project consists of installing an elevator in the building, renovating the rest rooms, the office areas, and the activity area, replacing the roof and gym floor, and installing an access ladder for emergency fire protection.  Mr. Beck commented that CDBG monies will be used to fund a portion of the project.
    Mr. Janku asked if painting would be included.  Mr. Beck did not think that was included in the project.
    Mrs. Crockett asked if addendum number two would be used at all.  Mr. Patterson said that was an add on for replacing the HVAC system, and it had to be cut because of lack of funding.
    Mr. Campbell made the motion that B255-99 be amended per the amendment sheet.   The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
    B255-99, as amended, was given third reading with the vote recorded as follows:  VOTING YES: CROCKETT, CAMPBELL, COFFMAN, HINDMAN, CRAYTON, JANKU.  VOTING NO: NO ONE.  ABSENT: JOHN.  Bill declared enacted, reading as follows:

B256-99     Confirming the contract for construction of the Hinkson Creek Trail Phase I.
    The bill was given second reading by the Clerk.
    Mr. Beck said four bids were also received on this project with the bid of Emery Sapp and Sons being recommended.  He said the staff report outlined negotiations with regard to the acquisition of a bridge.
    Mr. Coffman asked if there had been some earlier discussions about the City looking into purchasing old bridges.  Mr. Beck said staff looked for an old bridge for this project, particularly after seeing the bid.  He said they were not able to come up with one.
    Mr. Coffman made the motion that B256-99 be amended per the amendment sheet.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    B256-99, as amended, was given third reading with the vote recorded as follows:  VOTING YES: CROCKETT, CAMPBELL, COFFMAN, HINDMAN, CRAYTON, JANKU.  VOTING NO: NO ONE.  ABSENT: JOHN.  Bill declared enacted, reading as follows:

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

B238-99 Accepting grants of easement for water utility purposes from The Arcadia Group, LLC.

B239-99 Approving engineer's report for Chapel Hill Road water main project.
B250-99 Approving the final plat of Sedonna Villas, Plat 1; authorizing a performance contract.

B251-99 Approving the final plat of Village Square, Plat 1; authorizing a performance contract.

B252-99 Approving a replat of lot 12122 of The Highlands Plat 12-A; authorizing a performance contract.

B253-99 Approving a replat of lot 1232 of The Highlands Plat 12-A; authorizing a performance contract.

B254-99 Approving a replat of lot 1233 of The Highlands Plat 12-A; authorizing a performance contract.

R144-99 Setting a public hearing: street improvements on Brown School Road.

R145-99 Setting a public hearing: construction of Columbia Cosmopolitan Recreation Area hard surface trail.

R146-99 Setting a public hearing: property tax rates for 1999.
R147-99 Setting a public hearing: FY2000 budget.
R148-99 Authorizing an agreement with the Missouri Department of Health for sexually transmitted disease clinical services.

R149-99 Authorizing the City Manager to make application for FY2000 FHWA and FTA planning grants.

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

NEW BUSINESS
R150-99 Amending the hangar ground site lease with Ozark Management, Inc. to add a fuel farm land lease.

 The resolution was read by the Clerk.
 Mr. Beck explained that this is in accordance with the standard policy of rental at eight cents per square foot.  He said it would bring in an estimated revenue of $1,320 per year for 16,500 square feet of lease space.
 The vote on R150-99 was recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN, HINDMAN, CRAYTON, JANKU.  VOTING NO: NO ONE.  ABSENT: JOHN.  Resolution declared adopted, reading as follows:

R151-99 Authorizing an agreement with the Maplewood Barn Association for operation of a summer theater program.

 The resolution was read by the Clerk.
 Mr. Beck noted that the Parks and Recreation Department had budgeted $3,500 to enter into this agreement.
 Mr. Campbell asked if he remembered correctly that when this came up three years ago, it was to be a temporary kind of thing because the Association had not made application at the appropriate time through the Cultural Affairs Commission.   He wondered if this was to be a permanent situation after all.  Mr. Hood replied that he was not involved in the details at the time, but believed that Mr. Campbell was correct in his assumption.  He explained for the last two years his department has included the money in their budget and advised the Council of such.  Mr. Hood reported that as the Council had continued to authorize the expenditure, it had been kept in the budget.  At the Council's direction, it could certainly go back and be processed through the Office of Cultural Affairs.  Mr. Campbell believed that was what the Council's intent had been, although he was in favor of passing it this year.  He asked that, as part of the budgeting process, that it be brought forward again.  Mr. Campbell plans to support the request, but wanted some clarification.
 The vote on R151-99 was recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN, HINDMAN, CRAYTON, JANKU.  VOTING NO: NO ONE.  ABSENT: JOHN.  Resolution declared adopted, reading as follows:

R152-99 Authorizing an agreement with the John William Boone Heritage Foundation for a CDBG grant for the restoration of the Blind Boone Home.

 The resolution was read by the Clerk.
 Mr. Beck explained that on July 7, 1999, he entered into an agreement with the Warren family for the purchase of the Blind Boone Home for the appraised amount of $160,000.  Later that same day, he met with members of the Heritage Foundation and a DNR representative about possible grant opportunities.  The grant being pursued is in the amount of $6,600 and requires a $4,400 match.  It would be used for a consultant study.  Mr. Beck said there also appears to be possibilities for other preservation construction grants.  When this issue first came up, Mr. Beck noted that he had asked the Council to allocate $250,000 in Community Development Block Grant money to be made available for purchase and preservation of the home.  What is being proposed by the Heritage Foundation would fall under that definition.  His recommendation is that the City use the additional $4,400 for this purpose.
 Louise Salerno, Chair of the John William Boone Heritage Foundation, reported this is the beginning of possibilities for preservation of the home.  She stated the Foundation met today with members of the preservation staff from DNR, and there was very likely to be phases of preservation with the same kind of matching assistance.
 Mayor Hindman thanked the Foundation for the work they have done so far.  He said the home has the potential for being a real asset to the community.
 Mr. Coffman asked about comments he had heard about the Foundation wanting to preserve historical documents and photographs.  Ms. Salerno said she hoped to be able to tell the Council more in two weeks, but the Foundation has already received a considerable contribution of John William Boone's original sheet music that can be displayed.
 Tony Holland, 306 W. El Cortez, a board member of the Foundation, urged the Council to support the grant application.
 Mr. Beck pointed out that the program will be administered by the Heritage Foundation; however, the City will supply staff support in interviewing for the consultant.
 Mayor Hindman urged The Foundation to also work with the Convention and Visitors Bureau and the Special Business District.
 The vote on R152-99 was recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN, HINDMAN, CRAYTON, JANKU.  VOTING NO: NO ONE.  ABSENT: JOHN.  Resolution declared adopted, reading as follows:

 The following bills were introduced by the Mayor, unless otherwise indicated, and all were given first reading:
B258-99 Rezoning property located south and east of the southeast corner of Chapel Hill Road and Scott Boulevard from R-1 to C-P; approving "The Village of Cherry Hill" C-P Development Plan.

B259-99 Rezoning property located on the west side of Scott Boulevard from A-1 to O-P; establishing permanent O-P zoning on recently annexed property.

B260-99 Rezoning property located on the northeast corner of North Garth Avenue and East Sexton Road from R-4 to R-2 and R-3.

B261-99 Rezoning property located south and west of the existing Missouri Book Services facility from C-1 to M-R.

B262-99 Rezoning six parcels of land located generally west of Scott Boulevard, along both sides of Smith Drive.

B263-99 Establishing permanent A-1 and S-R zoning on recently annexed property located on the east side of Rock Quarry Road, south of Nifong Boulevard.

B264-99 Establishing permanent R-1 zoning on property located adjacent to Lot 311 of Stoneridge Estates, Plat 3.

B265-99 Vacating a portion of a utility and drainage easement located within lot 9A of Nifong Village Administrative Subdivision.

B266-99 Approving the final plat of Ewing Industrial Park, Plat 4.
B267-99 Approving a replat of lot 9 of Bergen's Addition to the City of Columbia.

B268-99 Amending Chapter 29 of the Code relating to the M-R District.
B269-99 Accepting easements for utility purposes.
B270-99 Authorizing the construction of the Cosmo Park pedestrian trail; accepting a grant from the Department of Natural Resources; accepting a donation from the Cosmopolitan Club.

B271-99 Amending Chapter 14 of the Code to allow for off-street parking for special events.

B272-99 Amending Chapter 6 of the City Code to modify the BOCA National Property Maintenance Code of 1996 as it relates to boarded-up buildings.

B273-99 Approving engineer's report; accepting a deed of dedication; authorizing payment of differential costs for 12-inch water main serving Rocky Creek Subdivision, Lots 1-13.

B274-99 Calling for bids for the Paris Road and Hinkson Avenue intersection improvements.

B275-99 Calling for bids for the construction of the B-16 Outfall Relief Sewer; B-17 Interceptor Sewer and the Bear Creek Outfall Sewer.

B276-99 Authorizing an agreement with Dames & Moore Group Company for consulting services for the Airport's Master Plan Update project; accepting grant from the FAA; appropriating funds.

B277-99 Authorizing an agreement with Boone County relating to road improvements to Smith Drive.

B278-99 Authorizing Changer Order No. 1 and approving the engineer's final report for the Garth Avenue and Sexton Road Area storm drainage improvements project.

B279-99 Authorizing Change Order No. 1 and approving the engineer's final report for the MC-7 Trunk Sewer project.

B280-99 Confirming the contract of Twehous Excavating Company, Inc. for construction of improvements at Columbia Regional Airport; appropriating funds.

B281-99 Authorizing application for and execution of FY2000 transit operating assistance grants with the Missouri Highway and transportation Commission.

B282-99 Calling an election on hotel tax.
B283-99 Calling an election on capital improvement sales tax.
B284-99 Setting property tax rates for 1999.
B285-99 Adopting the FY2000 budget.

REPORTS AND PETITIONS
(A) Transfer of Funds.
 Report accepted.

(B) Sports Activities for Seniors.
 Mr. Janku thanked the Parks and Recreation staff for the report.
(C) Field School Park Recommendation from Parks and Recreation Commission.

 It was decided the issue would be scheduled for a work session.

(D) Storage of Unlicensed Motor Vehicles.
 There was a discussion about the wording in the current ordinance.
 Mayor Hindman asked if the Council would like to reconsider the ordinance that was defeated previously (it would do away with the tarp exception).
 Ms. Crayton made the motion that the staff be directed to draft an amendment to the ordinance to remove the cover exception.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

(E) Request to Amend M-1 Section of Zoning Ordinance regarding Concrete Plants.

 Upon Council consensus, Mayor Hindman said this issue would be discussed at a work session.

(F) Noise Ordinance.
 Chief Botsford said the Council had requested a report comparing ordinances in Jefferson City and St. Charles pertaining to noise.  He noted this information had been included in the report along with Columbia's ordinance.  Chief Botsford reported Columbia's ordinance is confusing both for the people being cited as well as for the officers to enforce.  He outlined that enforcement can vary depending upon the time of day, how far away the nose is, and whether the officer can or cannot be the complainant.  He explained the Jefferson City ordinance is much simpler and would probably be much easier to enforce.
 Mr. Campbell made the motion that the staff be directed to draft an ordinance modeled after the Jefferson City ordinance for Council consideration.  The motion was seconded by Mrs. Crockett.
 Mr. Boeckmann explained that Chief Botsford was referring to one section of the Jefferson City ordinance.  When looking at the entire ordinance, he said it looks remarkably similar to ours.  He pointed out that Jefferson City had been sent a copy of our ordinance approximately ten years ago.  Mr. Boeckmann felt that the entire noise ordinance should be amended to simplify it.  He suggested that if the Council wants to deal with the car noise issue quickly, that they indicate an ordinance be drafted for that specific section.  He noted that to rework the entire noise ordinance would take considerably longer.
 Mr. Campbell said he would modify his motion.  He noted concerns about who has to sign the complaint.  He saw the two issues as relating to car noise and who has to make the complaint.
 Mr. Boeckmann asked if the Council wanted an ordinance dealing with 24 hours per day within 50 feet.  Mr. Coffman said the hours may be logical, but his concern was the same as Mr. Campbell's, people who want to voice a complaint but do not want to sign a complaint.  Mr. Campbell felt that most people are fairly tolerant of noise, but after nine or ten they start to feel uncomfortable with noise coming into the household.  In addition, Mr. Campbell commented people do not appreciate having to come to the Police to make a complaint.  Mr. Boeckmann explained that during the late hours a resident would not have to make a complaint because if the Police can hear the noise, the officer can issue the ticket.
 The motion made by Mr. Campbell, seconded by Mrs. Crockett, amended to an ordinance dealing only with revisions to auto noise, and a later revision/study on the entire noise ordinance, was approved unanimously by voice vote.

(G) Solid Waste Report.
 Mrs. Crockett said the report was excellent.  It was decided that a work session would be held on the issue.

BOARDS AND COMMISSIONS
 None.

COMMENTS OF THE COUNCIL, STAFF, AND PUBLIC
 Mr. Coffman commented on complaints received from Bouchelle Avenue residents regarding work that was done on the brick street.  Mr. Patterson said he received a call this morning regarding the street and he had referred it to the street division with a request for a report.
 Mrs. Crockett noted that bike lanes had been repainted on Southampton and that there was no centerline.  She asked why there were so many lines and why the lane width had changed.  Mr. Patterson said on collector streets the bike lanes were changed from five to seven feet from the back of curb.  He explained it makes the bike lanes safer and also has an effect of slowing traffic.  Mr. Patterson noted Southampton and Bethel are a couple of streets that they have had particular problems with.  The reason there are two lines is because of the repainting and it will take awhile for the previous lines to fade.  Regarding the centerline, Mr. Patterson agreed that they need to expand their striping of centerlines more than has occurred in the past.
 Ms. Crayton said she had a visit from an elderly resident today that was concerned about the children in the street near his house during all hours of the night.  He was frightened by them and asked for help.  She gave the gentlemen's address and phone number to the staff for follow-up.  Ms. Crayton asked that someone assure him that the situation would be taken care of.
 Ms. Crayton received a letter from the Noble Court residents regarding their desire to have speed bumps installed on this street.  Mr. Patterson responded that his department developed guidelines for speed control devices and this issue was referred to the Bicycle/Pedestrian Commission along with the crossing policies.  He indicated staff would recommend some type of traffic control device on Noble Court.
 Mr. Janku commented that some time ago Public Works had prepared a report pertaining to sidewalks on the north side Smiley Lane, and what would be involved in having the walk continue from Oakland up to Derby Ridge.  He asked that the report be updated in view of the sidewalks being added with the Oakland project and the construction of houses going in along the area.  He said there would be a few gaps left without any eminent construction.  Mr. Janku wanted to know what would have to be done to have a continuous sidewalk connecting Arcadia and Derby Ridge.
 Mr. Janku asked for a report on the type of lighting that will be used on the new MFA Breaktime station on Chapel Hill and Scott Boulevard.  He thought that it could serve as an example of a new lighting standard for other gas stations as it would be quite effective but less obtrusive.  Mr. Janku suggested the report could then be referred to the Energy and Environment Commission.
 The meeting adjourned at 11:27 p.m.
      Respectfully submitted,
 
 

      Penny St. Romaine
      City Clerk