M I N U T E S
 CITY COUNCIL MEETING - COLUMBIA, MISSOURI
 AUGUST 16, 1999
 

INTRODUCTION
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, August 16, 1999, in the Council Chamber of the City of Columbia, Missouri.  The roll was taken with the following results: Council Members CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, and CROCKETT were present.  The City Manager, City Counselor, City Clerk, and various Department Heads were also present.

APPROVAL OF MINUTES
    The minutes of the regular meeting of August 2, 1999, 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
    Upon her request, Mr. Janku made the motion that Mrs. Crockett be allowed to abstain from voting on B259-99 and R161-99.  The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
    Upon his request, Mr. Campbell made the motion that Mr. Coffman be allowed to abstain from voting on R154-99 on the Consent Agenda.  The motion was seconded by Ms. Crayton 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 Mr. Janku.

SPECIAL ITEMS
    None.

SCHEDULED PUBLIC COMMENTS
    None.

PUBLIC HEARINGS
B284-99     Setting property tax rates for 1999.
    The bill was given second reading by the Clerk.
    Under this proposal, Mr. Beck explained that the tax rate would remain at its same low rate - a total of 41 cents.  He further explained that 23 cents per one hundred dollars of assessed evaluation would go toward the general fund and the debt service tax would be decreased to 18 cents per one hundred.  He said it is a shift of three cents from the debt service levy to the general fund levy.  Mr. Beck noted that  these numbers are built into the budget and if any changes are made to them, the budget would need to reflect that.
    Mayor Hindman noted that the City has the authority to raise the property tax rate to 63 cents.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Janku reported that the Council has previously discussed this issue in great depth.
    B284-99 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B285-99     Adopting the FY 2000 budget.
     - Cultural Arts Contract Recommendations for FY 2000
     - General Public Comments
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this will be the first of three public hearings held on the budget.
    Mayor Hindman opened the public hearing.
    Chris Stevens, Chair of the Cultural Affairs Commission, explained that the Council was sent a packet containing their recommendations for fiscal year 2000.  He noted that minor changes had been made to the 1999 application and that all of those changes, including the fiscal year deadlines, were presented at the Commission meeting on February 8, 1999, as well as at a workshop organized by the Office of Cultural Affairs held on February 22, 1999.  Mr. Stevens noted that applications and announcements of the workshop were mailed to all previous applicants and other local arts organizations, as well as being advertised in different media.  He said the Commission considered 23 requests from 20 organizations relating to presentation and education projects.  A total of $132,000 in funding was requested as compared to 18 requests last year for $97,000.  He noted that this year $67,000 in funding is available.  Mr. Stevens pointed out that there were four new applicants and five new programs.  He said the Commission feels the local organizations have made great progress in their ability to manage themselves professionally, particularly in the areas of proposal writing and contract adherence.
    Mr. Stevens explained that four applicants had turned proposals in late.  He said it was left up to the Commission to decide what to do with the applications and they had unanimously voted to adhere to the set policy and not consider the late proposals.
    Mayor Hindman said the Council had read through the materials sent by the Commission and commended them for their hard work.
    Lucille Salerno, President of the John William Boone Heritage Foundation,        explained that she had written the Council asking for the opportunity to appeal the decision of the Cultural Affairs Commission regarding the late applications.  She asked that the Council help them finance a Year 2000 Rag Time Festival in Columbia.  She passed out a letter from Mike Montgomery, who is organizing a group to create a CD of all of Boone's piano rolls.  Ms. Salerno reported Mr. Montgomery plans to make the CD available to them to be used for fund raising activities.  In addition, the Foundation has also received original sheet music of Boone's music.  Ms. Salerno commented the festival is a very important part of continuing the presence of the Boone Home.  Ms. Salerno asked those present in support of their request to stand.  Approximately two dozen people stood.
    Jon Poses, 1712 Riback Road, said he was appreciative of the Cultural Affairs Commission and the work they do.  He spoke as Project Coordinator for the We Always Swing Jazz Series, Columbia's only all jazz performance and education project.  He noted that he had sent the Council a letter and brochure last week describing the upcoming jazz series.  Mr. Poses asked the Council to reinstate their two applications (education and presentation grant).  He noted the applications were denied due to an unavoidable computer malfunction which resulted in a two hour delay of submissions.  Mr. Poses explained the proposals.  He asked the Council to consider why the applications were late, how were they late, and to what ends (given a malfunction beyond their control) the group went to submit the applications as close to the deadline as possible.  Mr. Poses requested that the Council honor their $9,000 request in support of the education component and the $10,000 request in support of numerous concert presentations.
    Bill Watson, 1704 Glenbrook Court, a Rag Time Festival supporter, thought it would be a shame for a simple rule to jeopardize the festival.
    Nola Ruth, 1711 Riback Road, spoke as the Director of the Missouri Association  of Community Arts Agencies.  She explained that she is contracted by the Missouri Arts Council to provide technical assistance in arts management and development to community arts agencies across the state, including the Office of Cultural Affairs.  Ms. Ruth stated when looking at a request for a policy exception, one should look for exceptional circumstances -- not unfortunate circumstances.  She reported there has been a process established to give an equitable hearing to all applicants on a fair ground.  If the policy is changed, Ms. Ruth believed it needs to be articulated why it is being changed so that all of the arts organizations in town can understand why a decision is being made differently.
    Molly Strode, 1300 Rosemary, spoke as Chair of the Standing Committee on Public Art, in support of the Commission's decision relating to their policies and procedures.  She noted the Commission has been chastised in the past for not having solid policies and procedures.  Ms. Strode explained they have learned very important lessons about the necessity of having strong policies and standing by them.  She urged the Council to respect the work that has gone into the recommendations of the Commission and to respect the established guidelines -- including the deadline.  Ms. Strode noted that the Office of Cultural Affairs, a staff of three or four people, have managed to bring in over $120,000 over the past few years in Missouri Arts Council funding because that department met deadlines.  She said this money would not be here if the Office of Cultural Affairs had not met the deadlines and followed policies and procedures that are required of them when they submit grant applications.
    Win Grace, 11990 Barnes Chapel Road, Festival Coordinator and Artist for First Night Columbia, thanked the City for their support of First Night from invaluable in-kind financial support.  She said they appreciate the $7,500 in regular funding which has been tentatively approved by the Council, however, they are now also requesting an additional $2,500 in special millennium funding for this year's event.  Ms. Grave explained they are expecting an unusually high turnout this year because people want to be in a special place on that night.   She said their organization has been very fiscally conservative and cautious about expanding the event, but this year's First Night event by its very nature is going to be larger.  Ms. Grace reported they want to be able to safely entertain and handle the expected crowds.  She said they are experiencing drastically higher costs for everything from entertainment to sound reinforcement and transportation simply because people consider this date so special.  Ms. Grace explained the performance venues and reported on the added attractions.
    Bill Parks, 2501 Limerick Lane, asked the Council to find a way to support the Rag Time Festival, the jazz performance and jazz education proposals.
    Debbie Sheals, Chair of the Historic Preservation Commission, explained that this Commission is almost a year old now.  She added the group meets twice a month.  Ms. Sheals outlined the Commission has gotten the City approved as a Certified Local Government which puts Columbia in a good light for grant applications.  She explained the Commission is currently preparing a grant request, and they have established a process by which interested persons can submit an application for local landmarks.  She was hopeful they would be announcing new local landmarks soon.  Ms. Sheals noted that right now the Commission has no budget, so if the Council could not support all of their request, she was hopeful they could support something for them.
    Ray Warren, Acting President of the Frederick Douglass Coalition, asked the Council to support the requests that were denied because of lateness.
    Mary Jane Davis, 8 E. Worley, spoke in support of the Rag Time Festival request.
    Mayor Hindman continued the public hearing to the September 7, 1999 meeting.

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.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the rezoning request for  this 16 acre tract located in southwest Columbia had been recommended for approval by the Planning and Zoning Commission on a 6-0 vote.  He pointed out that there is a potential for a parking variance and possibly a landscaping variance associated with the plan.  Mr. Beck noted the Fire and Public Works Departments have had concerns over the layout plan.
    Mr. Hancock displayed the plan on the overhead and pointed out a presentation structure was available and would be used to describe the project.  He said the project is unique and innovative and the staff is happy to see such proposals.  He explained staff had a few concerns the Commission tried to address.  One concern had to do with requiring a right of use permit to assure the developer maintains the landscaping in the right of way and the striping in that right of way.  He pointed out some landscaping that would occur at the curb bulb outs, which is a secondary concern as these features would obstruct traffic movements of larger vehicles (i.e., snow plows, fire trucks, etc.).  The other issue related to the head-in 90 degree parking just off the right of way.  Mr. Hancock indicated Public Works was concerned about how it might conflict with two-way traffic that would occur.  In addition, staff was also concerned about parallel parking on-street and the striping of it, particularly on the narrow streets.  Mr. Hancock reported the condition the Commission attached to their recommendation was that there be a right of use agreement with the City which would require the applicant to maintain the on-street parking space striping and all of the landscaping within the public right of way.  He commented the City would want that at an appropriate time -- before building permits or striping occurs at the latest.  Mr. Hancock explained the Commission also recommended a reduction in overall parking.   He noted that the Council now has the ability to grant variances to parking in C-P districts.
    Mayor Hindman opened the public hearing.
    Don Ginsburg, 3804 Bray Court, explained that his two partners in this venture are Roy Finley and Dan Kliethermes.  Mr. Ginsburg noted the overwhelming support they have received from the neighborhood surrounding Cherry Hill.  He said they have met at least three times with Quail's Run Neighborhood Association and have addressed their concerns.  He reported one of their concerns related to this rezoning request.  Mr. Ginsburg outlined the reason for the rezoning was to clean-up the way the master plan has been structured.  As far as the parking variance, he said Mr. Finley has studied it extensively.  Mr. Ginsburg felt this project would be a real asset to Columbia.
    Jay Gebhardt, project engineer with Allstate Consultants, stated he had not worked on a plan like this before and it was a very unique opportunity.  He explained that the landscaping in the right of way is to give a sense of scale because the buildings will be constructed close to the street, and they would like to have some kind of landscaping between the curb and the sidewalk in order to soften it.  He said Mr. Finley has no problem with entering into a right of use agreement relating to the landscaping which would relieve the City of all responsibility of such.  Regarding the striping of the streets, Mr. Gebhardt explained they felt it was very important for the development because they are trying to use on-street parking as a supplement.  He noted If the parallel parking is not striped, it is felt they would not get optimal usage of it.  He commented there are also handicapped spaces that require the appropriate signage.  Mr. Gebhardt reported the pull-in parking would serve the pool and the proposed day care facility.  In addition, he pointed out with pull in parking they could get 11 spaces, but only six with parallel parking on the street.  He said they felt this would be a high traffic area where parents will be dropping off children at day care and taking them to the pool.  Mr. Gebhardt understood the traffic concerns, but thought it was because the mind set is that this would be a 30 mph residential road.  He said they have gone out of the way to create narrow streets with the bulb outs and the landscaping to keep the traffic below 20 mph.  He commented that was the intent in the village area.  He explained that some of the parallel parking is on Town Square Drive, which is a 32 foot street in a 50 foot right of way.
    Mr. Janku asked Mr. Gebhardt to say that the developer would agree to take care of the striping as well.  Mr. Gebhardt said they absolutely would.  He said that was Mr. Finley's solution to the problem -- he would be maintaining the parking lot striping and felt no differently about the street.
    Roy Finley, 601 W. Nifong, offered to answer any questions.
    Mr. John asked if there would be an association in which dues are collected and it would be the responsibility of this association for things like landscaping, etc.  Mr. Finley said that is correct, there will be period where the developer would have those responsibilities and at a certain point, after so much property has been sold, there will be two associations -- a town center and neighborhood association.  He said the residential component of the town center is actually part of the residential association.  Mr. Finley noted there will be ongoing maintenance.  Mr. John asked if the association would have the authority to put a lien on someone's property if that individual is not paying their dues.  Mr. Finley indicated that was correct.
    Regarding parking and the pool, Mr. Janku wondered if the same situation would occur as is being witnessed on Forum at that new facility.  Mr. Finley said the difference here is that this pool is not a commercial pool, it will be a neighborhood pool.
    Mr. Finley explained the layout of the community using the model.  He said it is a mixed use community with retail, office, and residential uses all within walking distance of the town square.  He pointed out two entrances off of Chapel Hill and two entrances off of Scott Boulevard, with the surrounding West Point neighborhood emptying into three streets.  Mr. Finley noted there is very good connectivity and traffic flow.  He said the area near Chapel Hill Road has been designated to be a combination of landscaped area and office use.  Around the town square, he explained there are retail uses on the main floor of the buildings and largely residential uses above.  Mr. Finley reported their idea is to have things like roof top decks and courtyards and balconies that overhang so one could look out onto town square.  Getting further away from the square, but still in the central area, they are looking for things like condos with rear loading garages so the front street scape is uniform and not garage heavy.  Near the swimming pool they are looking at a couple of apartment buildings, a child care center, a fitness center, and hopefully a grocery store, a drug store, bakeries, etc.
    Mr. Beck asked about the right of use agreement regarding the landscaping and the striping.  He was curious as to how it would be enforceable by the City.  Mr. Finley said he was not sure he could answer that.  He noted City staff would be drafting the agreement.  Mr. Finley reported he is willing to do what has been stated this evening, but he did not know the particulars.  He said their thought with the striping is that the on-street parking be counted toward meeting some kind of parking criteria.  Mr. Finley indicated he would be happy to listen to any suggestions.
    Mr. Beck asked how the city would get an assurance without having the ability to tax bill.  Mr. John guessed that Mr. Boeckmann's draft on the right of use would give the city the authority to get the money from the association.
    Mr. Gebhardt explained that the right of use issue came about as a result of a suggestion by the City staff that it could be handled in a similar fashion such as the University has private utilities within public right of ways.  He said when the Council authorizes a right of use permit, it is stipulated what the City will do and what the other party will do.
    Mr. Patterson thought it was intended by members of his staff that there should be a right of use permit for the landscaping because there has been a precedent in the past for such.  He reported the agreement stipulates that if the landscaping is not maintained, it would be removed.  He noted that is how it works on the adopt a spots.  Regarding the striping, Mr. Patterson stated his department was never supportive of it.
    Mr. Finley said it seemed from the City's standpoint that the worse case scenario would be that if the owner or owner's association did not continue to re-stripe,  the paint would fade away and there would not be any striping -- which would be what the staff requested to begin with.  He did not see that as a long-term concern.  Mr. Finley thought the landscaping was a permanent possibility.  He said it was to the development's benefit, not the City's, that the striping be maintained.
    Mayor Hindman closed the public hearing.
    Mr. Campbell said for several years the Council has been asking for communities that are more walkable, more integrated, and that use land more effectively.  He believed that every time an innovative proposal is submitted there will be some issues that will have to be resolved.  In total, Mr. Campbell felt this was an excellent proposal and wished them well in creating a new model for commercial integrated development.
    Mr. Janku thought the foresight of getting the zoning in place made this project preferable to some other more recent attempts to integrate commercial areas within residential neighborhoods.  Regarding the request for less parking, he felt the developers would bear the risk that the parking being suggested is adequate to meet the needs of the development.
    Mayor Hindman felt the overall advantages to the community would be great as mixed uses within a development improve walkability.  He believed a lot of research has been done relating to parking, and it was tailored to this particular development.  Mayor Hindman was appreciative of the developers taking a risk for this project.
    B258-99 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

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.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that approval of this request was recommended by the Planning and Zoning Commission on a 4-1 vote.
    Mr. Hancock pointed out that under New Business this evening the Council will be considering the preliminary plat of Quail Creek.  He said it subdivides this tract and runs a local street, more or less, through the middle of it.  He said it creates residential lots in the back and office lots on the front.
    Mr. Janku asked about the access to Scott Boulevard and whether the City would be able to control it.  Mr. Hancock believed the City's position would be that they would not want any access onto this arterial street.
    Mayor Hindman opened the public hearing.
    Bruce Beckett, an attorney with offices at 901 E. Broadway, spoke on behalf of the applicants, Tom and Linda Atkins.  He said they bought this 58 acre tract in March, and this rezoning request is part of their development plan.  Mr. Beckett stated the preliminary plat for Quail Creek Subdivision is a 142 lot subdivision.  He superimposed on that subdivision the two lots involved in this particular rezoning request.  Mr. Beckett noted there are only two lots which would end up being O-P.  He explained this particular tract is in the 100-year flood plain and requires a great deal of development.  He reported there would have to be stormwater controls established which is an expensive process.
    Mr. Beckett said there is a little financial control here to make sure this is a quality development because the family owns the rest of the subdivision and the applicant will make sure something decent is put on the front.  He said it is their intention to access these lots off the interior street and not off of Scott Boulevard.  Mr. Beckett indicated when the plan comes back, that is what will show -- no access on Scott Boulevard.  He commented he would guarantee the O-P plan will not involve a multi-family use or a residential duplex use.  He noted the Atkins' first priority is some kind of child care operation, and the other lots or portions of lots could be used for insurance businesses.
    Mayor Hindman closed the public hearing.
    B259-99 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU.  VOTING NO:  NO ONE.  ABSTAINING: CROCKETT.  Bill declared enacted, reading as follows:

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.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this is a Council initiated rezoning.  He asked Mr. Hancock to describe the Commission's recommendation.
    Mr. Hancock displayed a map of the area on the overhead and explained that the Planning and Zoning Commission had first considered a proposal to revert back to the original zoning -- the western five or six lots to R-2, and the eastern two or three lots to R-3.  He said they voted 3-3 on that proposal which means no recommendation.  He said they voted 4-2 to recommend that the Council consider R-3 on the entire tract.  Mr. Hancock indicated the ordinance reflects the original request, to go back to the original rezoning.
    Mayor Hindman opened the public hearing.
    Pat Kelly, 1007 Grand Avenue, of the Ridgeway Neighborhood Association, said this area has about 300 very small, affordable single-family houses.  She noted about 80% of these structures are rental properties.  Ms. Kelly stated since Mr. McNabb has indicated he is willing to work with the neighborhood, they have spoken with a neighborhood revitalization specialist.  She said this specialist would like to open the dialogue with the neighbors and Mr. McNabb which will be to the benefit of everyone.
    Mr. Campbell asked if the two groups had gotten together to work things out.  Ms. Kelly said they have spoken with the neighborhood revitalization specialist but he has not had time to get back to them.  She reported residents have spoken with Mr. McNabb informally about working on something together, but they wanted the zoning issue to be worked out first.
    Scott Riddick, 4200 Gibbs Road, spoke as a concerned parent with children attending Ridgeway Elementary School, which is adjacent to this property.  His biggest concern is for the safety and welfare of the children attending school at Ridgeway.  He said there are already massive congestion problems at the intersections around the school.  Mr. Riddick supported this request.
    Rebecca Sheddler, 120 Benton, a new homeowner in the neighborhood, said she is totally opposed to the proposed density of housing.  Ms. Sheddler noted the area is already overcrowded.  She believed the best use for the property to be a park or a garden, but if that cannot be, she would like to see a nice row of Habitat houses.  Ms. Sheddler stated Mr. McNabb has had 20 years to work on this project.  It was her opinion that the statute of limitations has run out.  Ms. Sheddler asked that the property be zoned to its previous designation.
    Vernon Forbes, 1007 Grand, reminded the Council that he had recently sent them a series of letters regarding this issue.  He read a letter from Paul Gross, a long time resident of Sexton Road.  Mr. Gross did not believe the corner of Garth and Sexton to be the place to build R-3 and R-4 units due to a concern for increased traffic.  Mr. Gross asked that the Council require Mr. McNabb to honor the agreement he made with the City in 1979.  Mr. Forbes said the Ridgeway Neighborhood Association is open to supporting a planned district.
    Alouette Mayer, 117 Benton, spoke in support of the zoning reverting to R-2 and R-3.  Her main concern is the crime that already exists in their neighborhood.  To add a high density, low income housing development, Ms. Mayer believed would only add to the crime in this area.
    Joann Rainey, 21 Fourth Avenue, explained that her home is located one block away from the subject area.  She asked the Council to support the R-2 and R-3 zoning.  Even with R-3, she is fearful of what might be constructed.  Ms. Rainey stated the area needs more home ownership, not rental property.
    Paul Trent, 117 Benton, explained that he is a carpenter by trade and he intends to renovate and improve some of the property he owns.  He said the properties he owns have a lot of potential as do other homes in the area.  Mr. Trent stated that to bring in more people would only further congest the area which would work against what he is trying to accomplish.
    Lisa Nauman, 20 E. Forest, did not believe Mr. McNabb felt the property should still be zoned R-4.  She felt the question was what the zoning should be.  Ms. Nauman explained that for decades this property has been the target of relentless speculative upzoning for projects that never materialized.  She said all of the lots might still be R-2 were it not for aborted development efforts.
    Wanda Leach, 106 E. Forest Avenue, spoke in support of rezoning the property to R-2.   She said anymore high density in the neighborhood would only lead to more crime.
    Tom McNabb, 104 Clinkscales, agreed with the neighborhood in that the R-4 zoning is probably not appropriate at this time.  He indicated that he would not have a problem with R-3 zoning, but he did not think density is the sole determining factor of whether a project is a good one or not.  Mr. McNabb reported he would be glad to work with the neighborhood association and the Planning Department to see if they could come up with a mixed use development.  He explained that he spoke with Ms. Crayton last week and she had some ideas for various shops.
    Mr. McNabb noted that he tore down the four remaining houses a week ago, and he tried to save as many trees as possible.  He reported the property in question is a large tract in the central part of the City with very few homes on it.  Mr. McNabb believed this is an opportunity to come in and do something adjacent to Ridgeway School and Oak Towers.  He mentioned other improvements in the area such as the removal of the old gas station and the City sponsored sewer improvement to Garth and Sexton Road.  Mr. McNabb stated he would like to work with the two groups and see what they could come up with.
    Mr. Campbell asked how much of the property would be zoned R-2 and how much R-3.  Mr. McNabb responded the easternmost edge would be the R-3 and the western portion would be R-2.  He noted if the entire tract was zoned R-3, it would accommodate about 48 or 50 dwelling units by the time parking is factored in.  At R-4, Mr. McNabb had heard a figure of 452 units.  He pointed out that was simply not going to happen as it is inappropriate for the area at this time.
    Ms. Crayton stated she told Mr. McNabb that the residents did not want any more public housing in this area.  She said they are in the process of cleaning up their neighborhoods and do not need any more crime.  She explained residents are willing to do whatever they can to work with Mr. McNabb to improve the neighborhood.  Ms. Crayton indicated residents want to see more home ownership in the area.
    Mr. Campbell said that Mr. John suggested that 35 to 40 units might be possible under the proposed zoning.  He thought that seemed to be a considerable number of units for that area.  Mr. Campbell asked if that was a fair evaluation.  Mr. McNabb said he had not calculate the number of units that could be possible with the proposed zoning, but he would trust Mr. John's math.  Mr. John explained how he arrived at that figure.  Mr. McNabb observed that the number of units dropped from 452 with an R-4 zone, to 50 with an R-3.  He saw that as a reasonable compromise.  Mr. McNabb said he would like the Council to keep an open mind for the future of some sort of a mixed use development.
    Shambo Zeller, 14 Fourth Avenue, asked the Council to vote in support of the down zoning.  He noted that within one block of the property in question, there is R-2, R-3, R-4, O-1, C-1 and C-P zoning.  Mr. Zeller stated mixed use is not the question in this instance.  What is a valid question, in his opinion, was the concentration of use within a given area.
    Mayor Hindman closed the public hearing.
    Mrs. Crockett asked about the zoning of Mr. McNabb's apartment complex at Clinkscales and Ash.  Mr. McNabb explained that it has a combination zoning of R-3 and R-4.  She asked if he had experienced any of the problems at that location that have been mentioned in connection to this area.  Mr. McNabb said there is an occasional problem, just like in any other area in the City.  He reported he does not allow prostitution, murder, drug sales, or shootings, but occasionally things like that can happen.  Mrs. Crockett asked if Mr. McNabb developed the subject property, whether he would develop it in the same manner as the Clinkscales property.  Mr. McNabb said he could not answer that question as he does not know what he will do with the property.  However, he does run good projects.  He explained when he took over the property at Stadium and West Ash (250 units), the police were there three or four times a week, and now they are hardly ever there.  Mr. McNabb believed management is the key.
    Mr. Coffman asked Mr. McNabb about the letter he wrote in 1979.  Mr. McNabb remarked that 20 years is a long time and he had forgotten about the letter.  He did not deny signing it and agreed that down zoning to R-3 would be a step in the right direction.
    Mr. Janku said he was fairly comfortable with what is being proposed (R-2 and R-3) as it is consistent with the neighborhood zoning.
    Mr. John agreed this property should revert back to the previous zoning, however, it should be made clear that the Council wants to see something creative that would enhance the neighborhood.
    B260-99 was given third reading with the vote recorded as follows: VOTING YES:  CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.   VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B261-99     Rezoning property located south and west of the existing Missouri Book Services facility
                    from C-1 to M-R.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that approval had been recommended by the Planning and Zoning Commission on a 6-0 vote.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B261-99 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B262-99     Rezoning six parcels of land located generally west of Scott Boulevard, along both sides
                    of Smith Drive.
    The bill was given second reading by the Clerk.
    Mayor Hindman noted that a withdrawal had been requested by the applicant.
    Mrs. Crockett made the motion that the request be honored.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

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.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that the request for this 22.5 acre tract had been recommended for approval by the Planning and Zoning Commission.  He explained the applicant is proposing a scenic roadway overlay on the westernmost 200 feet.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B263-99 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B264-99     Establishing permanent R-1 zoning on property located adjacent to Lot 311 of Stoneridge
                    Estates, Plat 3.
    The bill was given second reading by the Clerk.
    Mr. Beck stated that the request for permanent zoning on this single lot consisting of 0.12 acre was recommended for approval by the Planning and Zoning Commission.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B264-99 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.     VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B268-99     Amending Chapter 29 of the Code relating to the M-R District.
    The bill was given second reading by the Clerk.
    Mr. Beck said this ordinance has been on the books for some time and had only been used once (Missouri Book Store).  After review, recommendations were made suggesting a change in that this zoning designation would become more of a planned district.  Mr. Beck explained there is more flexibility to allow for more uses, including those of a planned industrial district.
    Mr. Janku thought the goal of this amendment had been to make it consistent with other planned districts.  Mr. Hancock indicated this amendment allows for the Council to have the ability to be involved in planning, with the addition of the appeal process.  The Commission has the ability to approve the M-R plan now.  He said the proposed amendment was written in such a way so it would be more familiar to staff and to people who use these ordinances on a regular basis in terms of what has to be on the plan itself.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mayor Hindman thought it might be better to have the ordinance follow the same basic procedure as other planned districts.  Mr. Boeckmann said the Council could make that amendment if they so chose.  He noted there would perhaps be an advantage to having the Council actually approving the plan.  Mr. Boeckmann reported that one issue that has not been resolved by the courts is whether these plans are administrative or legislative.  Legislative would mean that the plan could not be delegated and if the Council approves these, it could always be argued the Council would have more discretion than if it were delegated to a commission.  Currently, the Commission approves the plan.  Mayor Hindman observed there would be some changes in the ordinance that might make it more like a plan than it is now.
    Mayor Hindman made the motion that B268-99 be amended to read that, "after the public hearing, the Commission shall forward the development plan to the Council with its recommendation.  The Council will then conduct a public hearing and take action on the plan."   The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    B268-99, as amended, was given third reading with the vote recorded as follows:  VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

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.
    The bill was given second reading by the Clerk.
    Mr. Beck said this is a trail a little over a mile in length and will be 12 feet wide.  The total project cost is estimated at $91,000, with $46,000 being grant funds and the remainder coming from the Cosmopolitan Club.
    Mr. Janku noted that this is the first phase of a trail that will extend in the general area of the Bear Creek Trail.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Janku felt this would be a great addition to an already great park.  He noted these trails are very popular in other cities that have large parks.  He thanked the Cosmo Club for their support.
    Mayor Hindman said the Cosmopolitan Club's contribution of $41,000 for this project is spectacular.
    B270-99 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B282-99     Calling an election on hotel/motel tax.
    The bill was given second reading by the Clerk.
    Lorah Steiner explained that two public hearings have already been held on this issue.  She said the staff and the Advisory Board have researched the level of tax with other bureaus in the State and the Country.  Ms. Steiner indicated they also checked with large consumers of rooms in Columbia to make sure they are in favor of the tax and did not feel it was punitive.  She noted an issue the public has brought up is whether or not this would change the character of the City.  Ms. Steiner reported the goal is not to have Columbia become another Branson or Lake of the Ozarks.  She stated the tourism in this City is very diverse offering a low impact, yet high return.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B282-99 was give third reading with the vote recorded as follows: VOTING YES:  CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B283-99     Calling an election on capital improvement sales tax.
    The bill was given second reading by the Clerk.
    Using the overhead, Mr. Beck displayed each of the propositions that could be supported by the extension of the 1/4 cent sales tax improvements if approved by the voters.  He noted that detailed information was available on each of the proposals.
    Mayor Hindman opened the public hearing.
    Mitch Moore, 1210 W. Broadway, reported there are dozens of empty school gyms in Columbia which could be used to fulfill recreational needs.  He suggested that by increasing the use of the school gyms the taxpayers have already paid for would not only be a more efficient alternative, but a more effective one as well.  Mr. Moore did not believe the Committee had effectively studied the use of school gyms as an alternative.   Mr. Janku pointed out that a study of the gyms had been made and it was found there was no time available.
    William Samuels, 301 Pershing, Chairman of Columbian's Against Unfair Taxes, stated this tax extension would cost more than $19 million in lost consumer spending power.  That meant the consumers would have $19 million dollars less going to retail merchants.  Mr. Samuels noted that is not good for retail merchants, their customers or their employees.  If one were to add together the total burden of City taxes, County taxes, and School District taxes, he reported that Columbia is one of the most heavily taxed communities in the State of Missouri.  Mr. Samuels was concerned about the misinformation being used during past campaigns concerning what percentage of the sales tax is paid for by people from out of town.  He related the City states that 40% of the sales tax is paid for by people from outside the city.  Mr. Samuels said the source for this statistic is never cited because there is no way of getting those figures.
    Henry Lane, 1816 E. Broadway, said he had already given his reasons for not supporting the issue and hoped the Council would keep in mind his opposition to it.
    Tiarra Wordeman and Lauren Dubbert, explained that they attend Lange and Smithon Middle Schools.  Tiarra stated that their basketball team played and practiced basketball games this last year in Fayette, Ashland and Fulton because of the lack of basketball courts available in Columbia.  She said they played over 80% of the time outside of the Columbia area.  She asked that they be provided a place to practice and play.
    Jessica Hulen, a student from Smithton Middle School, said she would like a recreation center so she could practice basketball and swimming without having to go outside the City.
    Alan Calvert, a fourth grade student at Russell Boulevard Elementary School, spoke in favor of a recreation center.
    Dean Barry, 2204 Sunflower, a coach of the Columbia Youth Basketball Association, read comments from two of the children that had to leave because of the lateness of the hour.  They were both in favor of a recreation center.  Mr. Barry said in six years time, they have had 700 to 1,000 kids participating each year.  He noted they try to get 100 teams one practice per week.  With all of the schools cooperating fully, he said it is very difficult to do.  Mr. Barry said they turn away approximately 100 kids a year -- handling  only three grades.
    Mayor Hindman closed the public hearing.
    Mr. Janku commented that the capital improvement issue addresses a variety of important community needs.  He said the Fire/safety and the parks and open space issues are very important, but obviously what most people are talking about is the recreation center.  Seeing the youth this evening reminded him what it is all about.  He said the communities that have recreation centers have seen the benefits.  Mr. Janku observed the Recreation Committee has done a great job of researching this issue.  Regarding the 1994 election, Mr. Janku said it was a large issue that lumped all the capital improvement projects together.  Since that time, individual projects have been brought back to allow for a separate vote (i.e., street improvements, public safety, parks, and public building improvements).
    Mr. Campbell said that a growing city such as Columbia always has a long list of needs and the Council is attempting to address some of them with this five year plan.  He said even if the Council were to take the recreation center off the ballot, there would still be other capital needs that would have to be met.  Regarding the 60/40 split, Mr. Campbell said he did not see that as a very important question.  He noted the City of Columbia has 60% of the Boone County population.  He said that may have been where that figure came from.  He said the important thing to remember is the community need, and there is excellent research and information that shows that good recreational facilities help produce better citizens.  Mr. Campbell stated that is the goal the Council is trying to achieve -- improving the quality of life for a large number of people in the City of Columbia who do not have regular access to such recreational facilities.  He noted there are many youngsters who are beyond school age who do not have access to school facilities.  Mr. Campbell acknowledged the other two issues are equally important in many ways to many citizens.  He suggested the Council enthusiastically endorse the ballot issues.
    Mr. John felt it important to bring major improvement items to the citizens in a way that allows people to decide which ones they want.
    Mayor Hindman said Columbia's continued need for capital improvements reflects the City's continued economic prosperity and growth.  He thanked the Recreation Committee for all of their very hard work.  He said they have worked for the last year and had done all of their work under public scrutiny with many opportunities for public participation and input.  Mayor Hindman related this report is available for anyone who wants to read it.
    B283-99 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

(A)     Street Improvements on Brown School Road.
    Item A was read by the Clerk.
    Mr. Patterson explained that this road construction would essentially occur on the west side of Arcadia to Roger Wilson Drive.  It will be a new street approximately 2,500 feet in length.  He noted the project was initiated by the property owner along the south side of the street.  Mr. Patterson pointed out that the street is shown on the Major Thoroughfare Plan as an arterial street, and staff is proposing that the street be constructed 38 feet in width to arterial thickness standards.  He explained the reason being that in the future, staff expects this street to be a major alternate east/west route between 763 and US 63 carrying a great deal of heavy truck traffic.  The estimated cost of the project is $232,500.
    Mr. Patterson reported that sidewalks are not included in the estimated cost, but the property on the north side, the Phoenix Soccer Complex, has stated they will be building the sidewalks in conjunction with the street project.  Along the south side, sidewalks will be constructed in accordance with current City policy as the platting and development process occurs.  Since the present Roger Wilson Drive is proposed to be relocated with the second phase of the Oakland Gravel Road extension, he said there will be a 200 foot transition pavement on the west side of the project that will be removed at the time the other project is finished.
    Mr. Patterson explained this project is to be constructed in accordance with the City Code of Ordinances, Section 22-108, whereby developers are responsible for the right of way, engineering, grading, construction of drainage structures, and the local street pavement costs of any collector and arterial street that is within the developing subdivision.  He explained that the City pays the extra width and thickness of the pavement under this policy.  The local pavement portion will be tax billed against abutting properties with the rate having been established at $28.00 per lineal foot.  Of the $232,500, Mr. Patterson noted that approximately $140,000 will be tax billed.  The remainder will come from the annual street section of the capital improvement program.   Prior to levying special assessments, Mr. Patterson explained that there will be another public hearing after the project is completed.  At that time, the Council will have to determine whether special benefits have accrued to these properties.  He listed the benefits the Council may wish to consider at that time as follows: 1) the new curb and guttering will improve the appearance and maintainability of the property, as well as overall stormwater control; 2) the street will provide new and improved access to the properties abutting it; and, 3) the new street surface will provide for efficient street maintenance in the way of street cleaning and snow removal.
    Mr. Janku asked how the sidewalk would be handled along the green belt.  He noted no development will occur on the lot and wondered what would trigger the sidewalk construction.  Mr. Patterson said City Council action could take care of it.  He said it could be part of the annual street and sidewalk projects.  Mr. Patterson indicated the option would be whether to tax bill the property owner who has given the City the green belt, or choose to pay for the sidewalk with City funds.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. John noted that these sidewalks will be on the back side of lots that have sidewalks on the front side.  He explained this is occurring because a couple of years ago the Council decided not to allow R-1 and R-2 tracts to have entrances onto arterial and collector streets.  On an old plat, Mr. John reported that all of those houses would have an entrance onto the street and then there would be two lots and then a street instead of one lot and a street.  He said all of the extra sidewalks being constructed adds to the cost of the builders, and then ultimately to the home owner.  He was not saying this should not be done, but it is an added cost to the home owner who probably will not use the back sidewalk any more than anyone else in the entire area.
    Mr. Janku said he would not have a problem with publicly financing a big portion of the sidewalk.
    Mr. Campbell said the Council has discussed through lots and the associated sidewalks for some time.  He asked about the current policy.  Mr. Patterson explained that the tax bill on through lots would occur only on the street, not sidewalks.  Mr.  John said the sidewalk (both front and back) would have to be constructed before the home owner could obtain their occupancy permit.  Mr. Patterson agreed that was correct.  He said if the developer proceeds with the timely construction of the street, which they have indicated they want built, he thought there would be very few homes constructed until the street is done.  He said the property owner then would be the developer who will be paying a big portion of the cost prior to the lots being subdivided and sold.
    There was a discussion about recording some sort of notice so a potential home owner would be aware of the situation.
    Mr. John said once the City puts potential liability on a lot, if it is dropped, it could pass through two or three hands and then somebody could end up with a tax bill for a street.  He said the money should have been set aside as it passed through hands.
    Mr. Janku agreed with the notice issue, but said the sidewalk issue also needs to be addressed as they will hear about it on upcoming street projects.  He contended the point is that a sidewalk is primarily a community benefit.  Mayor Hindman believed it is also a neighborhood benefit.  Mr. Janku agreed.  Mayor Hindman said it would be preferable for the developer to pay for the sidewalk because it is a development benefit.  Mr. John said the developer does pay for it in essence because the lots that require two sidewalks are sold for a lot less money, and then the builder constructs the walks at his expense.  Through loss of income, he said they are paying for it.
    Mr. Beck suggested that staff review the policy.
    Mr. Janku made the motion that staff be directed to proceed with plans and specifications.  The motion was seconded by Mr. Campbell and approved unanimously by voice vote.

OLD BUSINESS
B226-99     Approving the final plat of Forum Heights; authorizing a performance contract.
    The bill was read by the Clerk.
    Mr. Beck explained that this ordinance, along with the next one, was tabled at the July 19, 1999, meeting.  He reported that the Planning and Zoning Commission approved the final plat subject to Board of Adjustment approval.  Mr. Boeckmann reported that the Board had approved the variances.
    B226-99 was read by the Clerk with the vote recorded as follows: VOTING YES:  CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B227-99     Vacating various easements and street right of way for Highridge Drive.
    The bill was read by the Clerk.
    Comments were called for with none received.
    B227-99 was read with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B271-99     Amending Chapter 14 of the Code to allow for off-street parking for special events.
    The bill was given second reading by the Clerk.
    Mr. Beck said as more events are being held downtown, his office is receiving quite a few requests to use off-street parking facilities.  Rather than bringing them one by one to the Council, this ordinance would authorize the City Manager to sign the requests under certain guidelines.
    B271-99 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

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.
    The bill was given second reading by the Clerk.
    Mr. Beck said this amendment would change the number of days a building can be boarded-up from 180 days to 90.
    Mr. Campbell commented he was pleased with this amendment.  He noted it is a result of the discussion the Council had regarding a few dilapidated structures on Providence Road.  Mr. Campbell related some people from that neighborhood had been present earlier to voice their support.
    Mr. Janku asked about compliance and orders of demolition.  Mr. Patterson understood that the amendment shortens the time whereby the City can begin the process, but it does not relieve the City of any of the requirements for hearings and due process that exist presently.
    Mr. Boeckmann reported there are still many unresolved issues and the ordinances will require additional work.  He explained it is one issue when a building is in such bad shape that it needs to be demolished.  However, there is the other problem where in some circumstances the building can be repaired, but it could be boarded up in the meantime.  Under this ordinance, Mr. Boeckmann said the City could at least prosecute the property owner for noncompliance.
    B272-99 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B274-99     Calling for bids for the Paris Road and Hinkson Avenue intersection improvements.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that the public hearing on this project had been in May and that the estimated project cost is $90,000.
    Mrs. Crockett asked if the project would have a roundabout.  Mr. Beck said it did not.
    Mr. John asked when construction would begin.  Mr. Patterson said it would probably be at least 45 days from now.  Mr. John was concerned about traffic problems with the school year starting and asked if the intersection would remain open during construction.  Mr. Patterson replied the road would be open most of the time, but noted there will be times when it will have to be closed.
    B274-99 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

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.
    The bill was given second reading by the Clerk.
    Mr. Beck reported that this major wastewater project cost is estimated to be $1,376,000.  Financing for this project will be through the Department of Natural Resources state revolving loan fund program.  Mr. Beck explained the loan will be paid off from sewer service charges.
    B275-99 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B276-99     Authorizing an agreement with Dames & Moore Group Co. for consulting services for the
                    Airport's Master Plan Update project; accepting grant from the FAA; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this is an agreement to provide for an update in the Airport Master Plan.  He noted the plan was last updated in 1989.  Mr. Beck reported the FAA has approved the proposed contract and is processing a grant application for 90% of the required funds.  The City will be responsible for the remaining 10%, which will be approximately $20,000.
    B276-99 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B278-99     Authorizing Change Order No. 1 and approving the engineer's final report for the Garth
                    Avenue and Sexton Road area storm drainage improvement project.
    The bill was given second reading by the Clerk.
    Mr. Beck stated that the total project cost for this major improvement project is $620,000.
    B278-99 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B279-99     Authorizing Change Order No. 1 and approving the engineer's final report for the MC-7
                    Trunk Sewer project.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the total cost for this trunk sewer project is $140,235.00.   B279-99 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B280-99     Confirming the contract of Twehous Excavating Company, Inc. for construction of
                    improvements at Columbia Regional Airport; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that four bids had been received and the bid of Twehous Excavating was being recommended for approval in the amount of $224,332.00.  He pointed out that Community Development Block Grant funds will be used for a major portion of the project -- $144, 436.  He said the remainder, which was budgeted, would come out of the Airport General Improvement Fund.
    B280-99 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  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.

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.
B269-99     Accepting easements for utility purposes.
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.
B277-99     Authorizing an agreement with Boone County relating to road improvements to Smith
                     Drive.
B281-99     Authorizing application for and execution of FY 2000 transit operating assistance grants
                     with the Missouri Highway and Transportation Commission.
R153-99     Setting a public hearing: voluntary annexation of property located east of Sinclair Street
                     and south of Heritage Meadows Subdivision.
R154-99     Authorizing transmission service agreements with Southwest Power Pool.
R155-99     Authorizing an amendment to the agreement with PCS Health Systems regarding
                     prescription drug benefits.
R156-99     Authorizing application for a juvenile justice and delinquency health prevention grant
                     from the State of Missouri.
R157-99     Authorizing an adopt a spot agreement with Red Lobster.

    The bills were given third reading and the resolutions were read with the vote recorded as follows: VOTING YES:  CAMPBELL, JOHN, COFFMAN (except R154-99 on which he abstained), HINDMAN, CRAYTON, JANKU, CROCKETT.   VOTING NO: NO ONE.   Bills declared enacted and resolutions declared adopted, reading as follows:

NEW BUSINESS
R158-99     Authorizing application for a historic preservation grant from the Department of Natural
                     Resources for stabilization improvements to the Blind Boone Home.
    The resolution was read by the Clerk.
    Mr. Beck explained that this would allow a grant of up to $25,000.
    Lucille Salerno, President of the J. W. Boone Foundation, asked for Council approval of the resolution.  She reported that this group is working with the City Manager's Office in terms of preparing the grant proposal.  Ms. Salerno reported a phased approach has been planned to address the restoration and preservation of the Boone Home.
    The vote on R158-99 was recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO: NO ONE.  Resolution declared adopted, reading as follows:

R159-99     Authorizing application for a grant from the Department of Natural Resources to conduct
                    an architectural and historical survey of Benton Stephens Neighborhood.
    The resolution was read by the Clerk.
    Mr. Beck noted that staff would need to determine which account the matching funds should come from at some point.
    The vote on R159-99 was recorded as follows:  VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO: NO ONE.  Resolution declared adopted, reading as follows:

R160-99     Authorizing the City Manager to make application for FY 99 STP Enhancement funds.
    The resolution was read by the Clerk.
    Mr. Beck said staff plans to submit the bridge in Phase I of the Bear Creek Trail project.  He said the percentage has gone from 20% to 30% of the local match.  The Council had also suggested that traffic islands be put in again, and since a lot of work has already been completed on that, the staff updated the amounts.  He thought it was being shown as a 20% match.
    Mr. John asked why one was being shown at 30% and one at 20%.  Mr. Beck replied staff was tying to emphasize the need for the bridge being a priority.  Mayor Hindman said it would increase the chances for obtaining the funds for that project.
    The vote on R160-99 was recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO: NO ONE.  Resolution declared adopted, reading as follows:

R161-99     Approving the preliminary plat of Quail Creek Subdivision.
    The resolution was read by the Clerk.
    Mr. Beck noted that the Planning and Zoning Commission recommended approval of this plat on an 8-0 vote.  He said there would be 140 R-1 lots and two O-P lots.
    Scott Atkins, 3909 Day Lilly Court, explained that this development would be very similar to The Hamlet.  He noted they are very aware of the drainage problems The Hamlet is experiencing, and are in the process of addressing that issue.
    The vote on R161-99 was recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU.  VOTING NO: NO ONE.  ABSTAINING: CROCKETT.  Resolution declared adopted, reading as follows:

R162-99     Approving the preliminary plat of Hanover Gardens North Subdivision.
    The resolution was read by the Clerk.
    Mr. Beck explained that this plat had been recommended by the Planning and Zoning Commission subject to a pedestrian easement.
    Mr. Hancock explained that the public easement would be shown on the final plat.
    The vote on R162-99 was recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO: NO ONE.  Resolution declared adopted, reading as follows:

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

B286-99     Calling for bids for the North Parklawn Court drainage improvement project.
B287-99     Confirming the contract of Combs Construction Company for relocation of sanitary
                     sewers for the Route AC project; appropriating funds.
B288-99     Authorizing an interconnection agreement with Boone County Regional sewer District
                     regarding the construction of the C-6 Trunk Sewer Line.
B289-99     Authorizing a supplemental agreement to the Missouri Highway and Transportation
                     Commission agreement for the Bear Creek Trail Phase IV project.
B290-99     Authorizing a right of use permit for the University of Missouri to construct Phase II of the
                     Hinkson Creek Recreational Trail and connect to the MKT Trail.
B291-99     Amending Chapter 14 of the Code to discontinue the sale of parking permits at the former
                     GTE parking lot located at the southeast corner of Cherry and Fifth Streets.
B292-99     Accepting easements and quit claim deeds for construction, sewer, drainage and utility
                     purposes.
B293-99     Appropriating FY 99 grant funds for transit operating expenses.
B294-99     Appropriating funds for the purchase of computer Y2K related equipment.
B295-99     Levying and assessing special taxes for abatement of weed nuisances.
B296-99     Amending Chapter 11 of the City Code as it relates to storage of unlicensed motor
                     vehicles.
B297-99     Approving the final plat of Vanderveen Plaza, Plat No. 2; authorizing a performance
                     contract.
B298-99     Approving the Rainbow House Child Advocacy Center O-P Development Plan.
B299-99     Rezoning property located between Gillespie Bridge Road and Chapel Hill Road,
                     extended, west of Scott Boulevard from District R-1 to District C-P.
B300-99     Approving the revised Planned Unit Development Plan for Country Club Villas.
B301-99     Amending Chapter 23 of the Code to establish sign regulations for automatic teller
                     machines.
B302-99     Appropriating donated funds for the development of Rhett's Run Mountain Bike Trail.
B303-99     Amending Chapter 2 of the Code to reestablish a procedure to disclose potential conflicts
                    of interest and substantial interests for certain city officials.
 

REPORTS AND PETITIONS
(A)     Architectural Review Process for Columbia.
    Mr. Beck explained that the Council had raised a question about architectural review and the Commission reviewed the issue.
    Mr. Campbell made the motion that the staff be directed to produce such a handbook and bring it back to the Council for further consideration.  The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

(B)     First Night Usage of the Daniel Boone Lobby.
    Mr. Campbell made the motion that the request be granted as proposed.  The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.
    In the future, Mr. Janku thought the Council could authorize the City Manager to approve these requests.  It was decided the Council needed to discuss this issue further, as well as on-street parking requests for special events.
 

BOARDS AND COMMISSIONS
    Upon receiving the majority vote of the Council the following individuals were appointed to the following Boards and Commissions:

BOARD OF HEALTH
Groshong, Ted D., 2600 Limerick lane, Ward 4 - term to expire 8/31/02
Hellwege, Darren M., 1612 Highridge, Ward 4 - term to expire 8/31/02
Pistel, Fred, 2105 Cobblestone Ct., Ward 4 - term to expire 8/31/02

BUILDING CONSTRUCTION CODES COMMISSION
Clithero, Philip J., 4208 S. Wappel, Ward 4 - term to expire 8/1/02 (lay person)
Miller, Erik C., 3619 Southland, Ward 5 - term to expire 8/1/02 (architect)
Reichlin, Stephen J., 4208 Fall River, Ward 5 - term to expire 8/1/00 (job super)

COMPUTER ADVISORY COMMITTEE
Springsteel, Fred N., 311 Longfellow, Ward 4 - term to expire 8/1/04

HISTORIC PRESERVATION COMMISSION
Bartok, Peter J., 321 W. Burnam Road, Ward 5 - term to expire 9/1/02
Olson, Gregory A., 12 N. Greenwood, Ward 1 - term to expire 9/1/02
 

COMMENTS OF THE COUNCIL, STAFF, AND PUBLIC
    Regarding the intersection at 763 and Vandiver, Mrs. Crockett asked if something could be done to fix the off-ramp.  She asked that the staff work with the state on a solution for this on-going problem.
    Mr. Coffman said that trash is one of the biggest problems the East Campus neighborhood has.  He said it is particularly bad when there is a semester change, which is a transition period for most student housing.  Mr. Coffman asked if staff could look at paying overtime during these peak periods or possibly outsourcing trash service.  He explained it is  difficult to pinpoint the blame in most situations because it appears the previous tenant is leaving unwanted items for the new tenant to deal with.  Mr. Coffman asked for a report.
    Mrs. Crockett suggested that the neighborhood associations get involved to keep tabs on who is putting the trash out and then they can report it.  She felt it was a landlord problem, not a City problem.
    Mr. Coffman said he understood part of the problem has been finding out who is responsible for leaving the trash and then actually getting compensation for the special pick-up.  He believed it would be preferable if a way could be found to recover the funds expended, but he is more interested in getting the area cleaned up as soon as possible.  Mr. Patterson pointed out that the City does provide extra pick-ups during those periods.  He noted additional enforcement is also occurring.  Mr. Patterson explained that the policy on illegal dumping or trash out early is when a complaint is investigated by staff, the priority is to get it cleaned up and then worry later about trying to prove who the culprit is.  Mr. Coffman asked if it would be worth looking into contracting the work during this intense period.  Mr. Patterson said that would be up to the Council.  He noted trash does not sit out for an entire week because pick-ups occur frequently during the peak periods.  Mr. Patterson said he would report back.
    Mr. Janku commented that Mr. Hancock had advised him that he was meeting tomorrow with a consultant to look at landscaping plans for the Business Loop.  He was pleased about that and was hopeful the City could move forward with it.  Mr. Janku noted it had been a priority of the Tree Plan Task Force a few years ago.
    Regarding the Department of Labor Grant focusing on youth opportunity, Mr. Janku stated that he had seen a web site available in The National League of Cities Newspaper to assist in filing these grants.  It was also mentioned that contact with the Governor's Office could help in terms of prioritization.
    Mr. Janku made the motion that the staff be directed to look into it to see if it is worth pursuing, and report back at the next meeting as the deadline for the grant is September 30, 1999.  The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
    The meeting adjourned at 11:35 p.m.

                                                                                          Respectfully submitted,

                                                                                          Penny St. Romaine
                                                                                          City Clerk