DECEMBER 15, 1997

    The City Council of the City of Columbia, Missouri, met for a regular meeting at 7:00 p.m., on Monday, December 15, 1997, in the Council Chamber of the City of Columbia, Missouri.  The roll was taken with the following results:  Council Members CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, and CROCKETT were present.

    The minutes of the regular meeting of December 1, 1997, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Ms. Coble.

    Mayor Hindman noted that Item C would be added under Reports and Petitions.
    Upon her request, Mr. Campbell made the motion that Mrs. Crockett be allowed to abstain from voting on B344-97.  The motion was seconded by Ms. Coble and approved unanimously by voice vote.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Ms. Coble and a second by Mr. Campbell.



B342-97     Voluntary annexation of property located east of Rock Quarry and south of Nifong;
                    establishing permanent PUD-8 zoning, rezoning property located on east side of Rock
                    Quarry, approval of PUD Development Plan for Cambridge Place.
    The bill was given second reading by the Clerk.
    Since the last Council meeting, Mr. Beck said a revised version of the proposed PUD had been submitted.  This version depicted public streets instead of the private drives with gates.  He pointed out that other troubling issues had also been raised at the Planning and Zoning level.  Mr. Beck said a letter had been received this afternoon requesting that the item be tabled to January 20, 1998.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Campbell made the motion that B342-97 be tabled to the January 20, 1998, meeting.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

B343-97     Voluntary annexation of property owned by Central Missouri Sheltered Enterprises, Inc.
                    located east of Bearfield Road and south of Nifong Boulevard, and establishing
                    permanent zoning.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this property is located just south of Nifong Park.  He said it had been recommended for approval by both the staff and the Commission.  Because of some technicalities regarding the definition of an approved lot and the issuance of building permits, Mr. Beck said the applicant's attorney was requesting that the item be tabled to the second meeting in February.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Kruse made the motion to table B343-97 to the February 16, 1998, meeting.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

B345-97     Rezone property owned by McAlester located on west side of south Fifth Street, between
                    East Broadway and Cherry Street from M-1 to C-2.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this property is located in the downtown area.  The rezoning request had been reviewed by the City staff and had met all requirements.  Both the staff and Commission have recommended passage.
    Mayor Hindman opened the public hearing.
    George Crawford 2220 Shepard Boulevard, said that he is the Trustee of the McAlester Trust, the property owner.  Mr. Crawford explained that if the rezoning request is granted, plans for the area include a financial service building at the corner of Fifth and Cherry to house a new bank, and the Broadway building would be set-up for offices and retail businesses.  In addition, they are working with the City's electrical engineers to relocate the transformers so all of the power lines in the area can be undergrounded.
    Mr. Kruse asked how much of the utility lines would be undergrounded beginning at Broadway continuing southward.  Mr. Crawford said it includes power lines on Fifth Street and in the alley between Broadway and Cherry.  Mr. Kruse asked while at the same time, whether there are any plans to underground power lines south of Cherry.  Mr. Crawford thought that would be included.
    Steve Smith, 1603 Canton Drive, Executive Vice-President, reported he is soon to be the branch President of the new bank coming to Columbia.  Mr. Smith explained it is the bank's intent to open a branch office at the Fifth and Cherry corner.  It is hoped that construction for the new two story structure could begin around the first of March.
    Mayor Hindman closed the public hearing.
    B345-97 was given third reading with the vote recorded as follows:  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B346-97     Rezone property owned by Godas Development, Inc. located on the east side of Ballenger
                    Lane, north of Clark Lane from R-1 to C-P.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this 12 acre tract of land is located in northeast Columbia.  He said the Planning and Zoning Commission had voted unanimously for denial of the request because it had been perceived that the area is too large when added to that which has already been zoned for commercial.  Since the Commission's vote and recommendation to the Council, Mr. Beck explained that the City had received a letter from the attorney representing the owners.  He said the Council had also received a copy of the letter.
    Mayor Hindman opened the public hearing.
    Tom Schneider, an attorney with offices at 11 N. Seventh, spoke on behalf of the applicant.  He explained that the application, in terms of uses, has been scaled back considerably from the application that was before the Council in October.  He pointed out that 25 of the uses that were proposed in October have been deleted.  This essentially means the uses now being sought are C-1, with about ten C-2 and C-3 uses.  Mr. Schneider reported the idea is to design the project as neighborhood commercial in terms of use.
    Mr. Schneider explained with respect to the size of the rezoning request, it had been determined that approximately eight acres on the eastern side of the property already zoned C-P would be unusable due to the topography.  He said the fall from Ballenger Lane to the flood plain is about 100 feet; therefore, substantial area on the east side of the property cannot be developed.  Additionally, Mr. Schneider pointed out that when Ballenger Lane is extended, a certain amount of land will also be required for right-of-way purposes and cannot be developed.  He said it is expected that there will be substantial shrinkage on the west side as well due to the C-P zoning expectation and the associated landscaping and setback requirements.
    In order to proceed with a quality project, Mr. Schneider said the applicant felt the additional property is needed.  It is thought the developable area will not be that much larger than the Crossroads or Broadway Shopping Center commercial facilities.  Mr. Schneider circulated a letter from the Maly Corporation indicating that this project would not serve the same market as the mega-plex across I-70, and there is a need for this type of facility in the northern portion of Columbia.  Mr. Schneider said there is some opposition to the proposal, but only one resident could truly be considered as living in the same "neighborhood" as the proposed development.  He explained where the residents who had previously spoken in opposition to the rezoning request lived.  Mr. Schneider reported one of the speakers in opposition is going to produce a signed petition of those who are opposed to the project, and he urged the Council to carefully review the addresses of those signing it.
    In connection with this proposal, Mr. Schneider said the developers propose to dedicate almost three-quarters of a mile of greenbelt.  He explained that the applicant owns the flood plain from the dam at Waters Edge to I-70, which is 3,900 linear feet.  This is felt to be an amenity that would add to the community.  Mr. Schneider said this is a long-range planning request and development must occur now.  It is logical to believe that development would not occur until Ballenger Lane is extended.
    Mr. Campbell asked how many acres at this location were zoned A-1.  Mr. Schneider understood it to be about 2 1/2 acres, and added that it was not owned by the applicant at this time.   Mr. Campbell commented that it was unlikely that the land would remain A-1.  Mr. Schneider agreed.  Referring to the area labeled as "undevelopable", Mr. Campbell asked if Mr. Schneider's client would be willing to redraw the lines and add that area to the greenbelt.  Mr. Schneider said he could not answer that, but thought it was something that might be considered.  Mr. Campbell said otherwise this area would also be zoned C-P, and there are no guarantees that some future owner might develop it at some point.  When dealing with commercial property, Mr. Schneider said frontage was critical and he did not know that the applicant would rule it out.  Mr. Campbell assumed the reason for trying to make it an elongated site was to provide access or have frontage on what is now Ballenger Lane.  Mr. Schneider said that was correct.  Mr. Campbell asked if Mr. Schneider thought the applicant would be willing to reduce the size of the request by eliminating part of the Clark Lane area.  He said it was very rugged topography and contained many trees.  It would make an excellent green space.  Mr. Schneider said possibly, but he could not commit his client on the spur of the moment.  Ideally, he said this project would have less acreage on the east and perhaps moderately more frontage on the north.  From a commercial development point of view, Mr. Schneider said that was how development ought to be done.
    Carl Scala, 5201 Gasconade, said he was probably one-quarter of a mile from the development in question.  He presented the Council with a packet, which included a petition signed by approximately 100 local residents.  He said all those who had signed the petition live primarily in the Meadowlands because there are only three houses in the Thessalia Subdivision.  These are the inhabited houses, besides the A-1 property, Mr. Schneider referred to.  Mr. Scala displayed an overhead indicating the area in which he lives, and said there are about 250 acres currently designated as either C-P or O-P, which included the 12 acre tract Mr. Schneider mentioned.  Mr. Scala recently discovered that Mr. Godas has a contract on the A-1 zoned property next to the proposed development.  Mr. Scala said he understood there had been recent discussions about a Vandiver connection across 63, which undoubtedly would create additional commercial expansion on the 63 corridor.  He mentioned a car wash that has recently been built containing bright lighting that is on continually.
    Mr. Janku asked Mr. Scala how he would suggest transitioning the residential area into the commercial.  Mr. Scala said as he saw it, residents are already surrounded by commercial.  He felt there are some uses that would not be unreasonable for the tract that is already commercially developed -- perhaps a retirement center.
    Mayor Hindman asked Mr. Scala what his major objection was to the commercial.  Mr. Scala said he had two major objections; how much commercial development is necessary for the neighborhood market place idea, and the noise/light pollution and other kinds of problems commercial developments tend to create.  He said there was no reason for these businesses to have bright lights on 24 hours a day.
    Paul Kanovich, 1901 McKee, felt this is a case of "not in my backyard-itis".  It is known that the state is looking at developing Ballenger Lane to extend over I-70.  Mr. Kanovich thought there is a need for commercial development in the area due to the transitional neighborhood and the current existence of these types of businesses.  Mr. Kanovich stated the development would be a good thing for this neighborhood.
    Ted Anderson, 4606 Nick Court, explained that his home was directly across from the area in question.  He is in support of commercial development in the location because the intersection of Clark and 63 is very congested, and he thought this problem could be alleviated if residents had some conveniences closer to their homes.
    Judy Johnson, 1516 McKee, spoke on behalf of the Zaring Neighborhood Association.  She said one of their concerns was that the development would create another intersection like Clark Lane and 63.  She thought C-1 zoning would be more appropriate than the C-2 and C-3 for a neighborhood-type mall.  Ms. Johnson said most of the uses listed by Mr. Godas were more for individual businesses rather than for a mall.  She did not think Mr. Godas was planning to develop this property himself because he had it for sale.  Ms. Johnson said that Mr. Godas also owns property in the Lake of the Woods area, and was tying up that intersection with commercial property.
    Mrs. Crockett asked Ms. Johnson what she would like to see in the area if this property is not commercial.  Ms. Johnson said she would like to see it remain R-1.  She thought the commercial property needed to be contained between I-70 and Clark Lane.  Mrs. Crockett asked if she would appreciate having a store closer than the Nowell's on Keene Street for emergency items.  Ms. Johnson said she tries to plan ahead, and also finds quick items (like milk) may be purchased at the QT.  Mrs. Crockett said she would still have to travel into all of the traffic to get there.  Ms. Johnson said if Ballenger Place goes through, residents should not have to go through the Clark Lane intersection.  She also said Mr. Godas was not proposing just a neighborhood grocery store.
    Mr. Janku asked Ms. Johnson if she would be comfortable if a portion of the property was zoned planned office as opposed to planned commercial.  Ms. Johnson said if the applicant had to go to commercial, she would rather see the O-P changed to commercial and put office on the north side.  In essence, the commercial zoning would be closer to I-70 and the office closer toward the residential area.
    Robert Young, 4406 Mexico Gravel, said he considered the proposed development as part of his neighborhood, even though it is not contiguous to his property.  Mr. Young reported he would like to see the applicant come back with a redesigned plan, taking into account the topography of the area, to see just how many usable acres there really are.
    Mayor Hindman asked Mr. Young how he would feel if the number of acres was reduced.  Mr. Young thought perhaps residents could accept something like that, but to rezone the entire property as C-P would be asking for trouble.
    Patrick McKlong, 5315 E. Karla, said he had built two of the three houses in the Thessalia Subdivision.  He thought this rezoning would be a good addition to the area because of the congestion at 63 and Clark Lane.  He said there currently is no professional office space or convenience-type retail in north Columbia.
    Abdhul Lateef, a former resident of Indian Hills and father of six children, said it would have been convenient to have a shopping center nearby.
    Jim Ford, with the Charity Baptist Church just west of the tract under consideration, said he supported the rezoning request because he thought it would be a good addition to the area.  He said although not all of his church members are in favor of the rezoning, some are.
    Cynthia Janeman, 4607 Timberlane, said she was pleased that this request had been unanimously denied each time it was considered by the Planning and Zoning Commission.  She understood there was a minor revision to the development, but in essence, what the Commission had denied each time was the rezoning request itself.  Ms. Janeman said there is already commercial property available at this location which could be used instead.  She asked the Council to make a commitment to leave the area residential.
    Mariel Stephenson, 2111 Rock Quarry Road, said she was not in the immediate neighborhood, but considered the entire City of Columbia to be her neighborhood.  She thought the residential area should be maintained as that.
    Mayor Hindman closed the public hearing.
    Mr. Campbell said the Council would be considering a rezoning request for an area containing almost 30 acres of commercial land, if the A-1 section is included.  While Mr. Schneider said there was only 15.89 acres of developable land, Mr. Campbell said they have all seen many examples where that type of land has been developed.  He said bulldozers can be used to level and fill land to make it buildable.  Mr. Campbell stated the applicant could create a development larger than the Broadway Shopping Center, and much larger than Crossroads -- close to the size of the shopping center where Sam's and Lowe's are located.  He said when the Council began discussions on this request, there had been deliberations about having a regional shopping center at this location, but more recently consideration had been focused on a neighborhood-type shopping center.  He said the Council was considering a neighborhood commercial area zoning district, and 10 acres would be the maximum size allowable for development.  Mr. Campbell thought there probably is a need for a grocery store and some other small shops in this area, but he did not think 30 acres is necessary to do that.  Mr. Campbell stated if the development is a compact and contiguous area, roughly centered around the A-1 property with buffering around it, it could be a very attractive area that would contribute to the neighborhood.  If the area is limited to about 10 acres of usable land, it probably would make a contribution so that both the proponents and opponents could have what they want.  Mr. Campbell saw two choices:  One choice is to deny this request, and the other is to table it and ask for a revision that would include the elements he just discussed.
    Mr. Janku said when the Council had sent this issue back to the Planning and Zoning Commission the last time, he had been reminded of what had been worked out at Chapel Hill and Forum.  He was troubled by the fact that there is no real transition to the residential area.  At some point there would be the suggestion that one does not go from C-P or commercial directly to R-1.  He said there would need to be some type of buffer between the R-1 and the development.  Mr. Janku said what had been worked out at Chapel Hill was an O-P zone that provided a transition to the existing residential.  He thought people were referring to the O-P on I-70, which he understood to be more of a major office complex like those seen developing along 63, not as small professional offices that have been alluded to.  Mr. Janku thought there may be room for some O-P in this plan.
    Mr. Campbell said the Council did not have a plan to refer to, all they had was a rezoning request.  He thought something more definitive was necessary.  Mr. Janku agreed.
    Mrs. Crockett said it is known that C-P land brings a lot more money than R-1 land.  She could see the 10 or 12 acres having a grocery store and the like, but if the Council had to vote on rezoning 30 acres C-P, she would want to see a plan first.  Mrs. Crockett stated she could not vote for that much C-P without seeing some type of plan.
    Mayor Hindman asked Mr. Schneider if he would like to see the issue tabled this evening to give the developer the opportunity to present a plan, or if he would rather it be voted on.  In view of the comments made, Mr. Schneider thought it would be appropriate to table this request and come back with something more definitive.
    Mrs. Crockett made the motion that B346-97 be tabled to the February 2, 1998, meeting.
    Mr. Kruse agreed with the reasons for the motion to table, but said it had been pointed out that this request has been denied three time by the Planning and Zoning Commission, and staff has also recommended denial.  He said there already appears to be some pretty adequate commercial and office zoning in the area.  Mr. Kruse said he cannot support the motion to table this issue.
    The motion was seconded by Ms. Coble and approved by voice vote.

B347-97     Amending the Major Thoroughfare Plan to extend Vandiver Drive across from US
                    Highway 63 between I-70 and the Mexico Gravel Road Bridge and provide direct access to
                    US Highway 63 from Vandiver Drive.
    The bill was given second reading by the Clerk.
    Mr. Beck said this would provide direct ramps on and off of US 63 onto a collector or arterial street that would not only serve the immediate property in the area, but also connect some city streets in northeast Columbia.  This was brought before the staff because of the request by a developer for some development along US 63.  He thought it was in the City's best interest to try to get thoroughfares in place prior to development occurring.
    Working with the developers of the property, Mr. Beck said the staff has held several meetings and recommendations were brought to the Department of Transportation, and then to the City's Area Transportation Technical Committee, and finally to the Coordinating Committee -- which makes recommendations to the Planning and Zoning Commission, the City Council, the Boone County Commission, and the State Department of Transportation.  He noted on the overhead that the proposed ramps are between the existing interchange at Route B on the north and I-70 on the south.  Also being proposed is the connection of Vandiver Drive from the west, eastward over US 63 onto Mexico Gravel Road.  Mr. Beck said with this specific alignment, which did not include the Brown Station Road collector street, there had been some concerns by the Department of Transportation that the existing intersection of Vandiver Drive and Route B (in conjunction with the widening of Route B south of the US 63 interchange, down Paris Road, to Business Loop 70) would be overtaxed with vehicles.  He pointed out at the present time there is obviously a substantial amount of truck traffic that comes in from the east onto Route B, actually utilizing Vandiver Drive to get to I-70, and then going eastward or westward from that location.  He said a great deal of that traffic could be connected directly onto US 63 without going through the thoroughfare to the west of this particular location.  He said the proposed revision would do two things; provide a direct connection onto US 63, and provide for enhanced development of the area along US 63.  He said it would also provide for some community benefit in that it would establish a better thoroughfare plan layout in northeast Columbia.
    Mayor Hindman opened the public hearing.
    Robert Young, 4406 Mexico Gravel, said he had been at the Planning and Zoning meeting when this item was first introduced.  At the time he thought it looked like a good situation; however, as he considered it in relationship with the neighborhood, he is not sure about the changes.  He said the intersection at 63 would take care of the Vandiver traffic, and suggested looping the road back and connecting it to Rice Road.  Mr. Young said then there would be two arterial streets, Mexico Gravel and Rice Road/Vandiver into the City instead of just PP and Mexico Gravel.  He was told that would not work because the people along Rice Road would be unhappy.  In addition, the section of the road over the creek would probably not be developed for some time.  Mr. Young asked the Council to direct the staff to look a little closer at using Rice Road instead of realigning Mexico Gravel.  If that was not acceptable, Mr. Young's next preference was for the area between the realignment and PP to be upgraded at the same time the realignment is made.  This would ensure that the development of an arterial street going into a county road with a blind curve (located at the corner of Mexico Gravel and PP) would not occur.  He wanted some kind of commitment that would not happen.
    Mr. Campbell said at first glance it appeared the new road would actually take traffic away from Mexico Gravel Road.  Mr. Young said he did not agree because most of the traffic at this location, which is approximately 2,700 cars a day, comes in from PP or goes out to PP.  Mr. Campbell said if this extension was built, it would give residents closer access into Columbia.  Mr. Young said they would still be going through the Mexico Gravel area across the creek to 63 from PP.  Mr. Young thought the Vandiver extension is great, but said he is concerned about the extension from Hinkson Creek east.
    Craig VanMatre, an attorney with offices at 1103 E. Broadway, spoke on behalf of Central Bridge Company, owner of a 14 acre tract at the immediate east end of Vandiver Drive as it presently exists.  He informed the Council that his client is in favor of the plan, and that he would welcome the opportunity to sit down with the staff and help with the development of the plan.
    Mayor Hindman closed the public hearing.
    Mayor Hindman said what the Council has seen tonight gives a general idea as to what the plan would be, and the details would be worked out when the plan is put into effect.
    Mr. Janku pointed out that this plan had come through a long process, and the issue of Mexico Gravel and Route PP would have to be referred back through the process.  Mr. Beck asked if he was referring to the location of the curve.  Mr. Janku said he was.  Mr. Beck felt that portion of the road would require a special study to see how the problem might be solved.  He said if the City Council approves the concept of these corridors and the layout plan, the Department of Transportation would probably approve a break in the limited access on US 63.  He said that would allow access between Route B and US 63.
    Mr. Beck said the goal is to obtain as much participation as possible by the developers because the City  currently does not have funds set aside to build thoroughfares in this area.
    Mrs. Crockett asked if the property owners on Mexico Gravel Road would be tax billed.  Mr. Beck said that would still need to be determined.  Mrs. Crockett asked about Creekwood and Penn Terrace.  Mr. Hancock said those would all be interior collector streets already on the plan and part of the development of the property.  Mrs. Crockett asked when Route B, from the intersection south, would be built.  Mr. Beck explained that it has been pushed back on the highway schedule.  He thought it would probably occur some time next year, at least in regard to the utility relocations.  Mr. Patterson said 1999 was the earliest the work would be under contract where something could be started.  He said there are still properties that need to be acquired.
    B347-97 was given third reading with the vote recorded as follows:  VOTING YES: CAMPBELL, HINDMAN, JANKU, CROCKETT.  VOTING NO:  KRUSE, COFFMAN, COBLE.  Bill declared enacted, reading as follows:

B348-97     Amending Chapter 29 of the Code of Ordinances to establish new regulations for
                    communications antennas and towers.
    The bill was given second reading by the Clerk.
    Mr. Beck pointed out that the Council held a work session on this item, and it had been recommended for approval by the Planning and Zoning Commission.  He noted that some additional changes had been made since the original draft.
    Mayor Hindman opened the public hearing.
    Glen Klockey, explained that he works for Spring Spectrum PCS out of St. Louis.  He said his company is currently trying to build a system in Columbia.  He said there had been a slight change made to the ordinance regarding the stealth towers being built in St. Louis.  This amounts to a change in the permitting process in that a conditional use permit must be obtained, which is the same requirement for a lattice-type or guy tower.  He said when a carrier comes into the area, they want to save as much time as possible when setting-up an antenna, and in many communities a stealth tower is a permitted use.
    Mr. Janku asked if a stealth tower would more likely be approved on a conditional use than a lattice-type.  Mr. Klockey said if there were two applications with one being for a lattice tower and the other being a stealth tower, there is that chance the stealth would get approved.  However, if one could comply with the requirements for a lattice-type tower, the carrier would prefer to go with it.  He said the stealth towers do not give the coverage a lattice tower gives.  Mr. Janku asked if Sprint was familiar with the artistic towers.  Mr. Klockey said they have used some.  He said some are flag poles, some are light poles, and others are decorative three-legged things.  Mr. Janku asked how one could tell when a structure goes inactive.  Mr. Klockey said it would be hard to tell except in that the company would no longer be offering service to the area.  He said something could be added to the ordinance stating that if a tower was inactive and it is a one-company tower, notification would have to be sent by letter to the City.
    Regarding the lattice-type tower having better coverage than the stealth, Mr. Campbell asked if it was a significant difference, and if the City would be making a trade-off between having more of one type versus less of another.  Mr. Klockey said that was a possibility.  He said it varies due to the terrain being covered, but it would probably take two stealth towers to cover the area one 150 foot lattice-type tower covers.
    Mayor Hindman closed the public hearing.
    Mr. Boeckmann explained the amendment sheet.  He said the second change would delete a portion of the ordinance that allows disguised structures as a permitted use.  He said if the Council chose to make that change, there is another amendment that should also be approved that had not been included in the packet -- to insert disguised towers as conditional uses.  Mr. Boeckmann had prepared some language that would make those towers a conditional use in any zone.  Mr. Boeckmann explained that the conditional uses that are currently in the ordinance would not allow towers to be placed in any of the residential zones.
    Mr. Janku said another issue the Council should discuss is clarification regarding obsolete disguised towers being removed if it was discovered that they are not being used.
    Mr. Campbell asked if Mr. Janku is proposing to make a stealth tower a conditional use in any zone.  Mr. Janku said that was correct.  Mr. Kruse said he wanted to do whatever it would take to encourage stealth technology.  Mr. Boeckmann explained what would encourage these types of towers most was the language in the original ordinance -- any place in town.
    Mr. Campbell said he agreed with Mr. Kruse in that he wanted stealth towers to be the most usable.  He was not sure the amendments in front of the Council would do that.  Mr. Boeckmann said the current amendments would not.
    Mr. Kruse asked if federal law would prohibit the City from requiring stealth technology, period.  For example, if towers were going to be in Columbia, they would have to be disguised.  Mr. Boeckmann replied federal law states a City cannot pass ordinances that have the effect of prohibiting or excluding these types of towers.  He said it is a technical issue.
    Mr. Campbell made the motion that B348-97 be tabled to the January 5, 1998, meeting.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

(A)     Location and development of a Skateboard Park.
    Item A was read by the Clerk.
    Mr. Beck explained that the Council had asked for location recommendations on a skateboard park.  He asked Mr. Green to outline the process that had been followed.
    Mr. Green said the City had been considering a skateboard park for several years and, at Council direction, an appointed skateboard committee had examined different possibilities for a location.  He said the committee had worked closely with his department to come up with a layout of what they would like included in the park.  Mr. Green reported the layout calls for a minimum of 12,000 to 13,000 square feet of surface.  He noted that the latest memo given to the Council outlined four different areas in three different parks; the Oakland tennis courts, the Oakland volleyball courts, the Columbia Cosmopolitan Recreation Area (the extreme northern end of the parking area), and Cosmo Bethel Park.
    Mayor Hindman opened the public hearing.
    Pat Smith, chairperson of the Skateboard Committee, explained that the committee had met most of last summer with the Parks and Recreation Department.  This committee had supplied the report given to the Council outlining the components of a skateboard park, which had been acted upon so generously at budget time.  She asked the Council to extend that commitment.
    Ms. Smith reported the committee had discussed the park in terms of Phases I through III.  She explained that Phase I was obtaining the funding and a designated site for the facility.  Phase II included mobilizing the skateboard community.  This had been done and three meetings were held which resulted in the formation of a design subcommittee.  This subcommittee is ready to meet at any time with the Parks and Recreation staff, and is comprised of users, parents, and citizens who have worked on a skateboard park before.  Ms. Smith stated the committee has also met with users who are forming a dues paying membership organization.  She said they want to establish fund raising and education subcommittees.  The goal of the overall committee is to form a partnership with the City.  The committee asked that an individual from the Parks and Recreation staff be appointed to work with the group.
    Connie McClellan, 1709 Blue Ridge, spoke on behalf of the tennis players of northern Columbia in relation to the two tennis courts at Oakland Park being considered for a skateboard facility.  She said the courts in that park are the only public courts available in northeast Columbia.  She said the condition of the courts is such that they are not safe to use and a liability for the City.  She said in the summer of 1996, a group of neighborhood residents formed a committee to appeal to the Parks and Recreation Department to fix the baseball fields and tennis courts.  She reported nothing has been done and the condition of the courts were even worse.  Ms. McClellan noted that the ten year plan for Oakland park called for resurfacing of the tennis courts in 1997.  When asked why it had not been done, she said the response had been that the courts are not used enough.  Ms. McClellan reported the perceived lack of court usage was the reason residents are present this evening.  She said there was a correlation between the lack of usage and the condition of the courts.  Ms. McClellan stated the neighborhood asked that the courts be repaired and that they be given the opportunity to prove that all five courts are needed.
    In defense of keeping the two courts, Ms. McClellan read a letter from Mary Laffey, Principal of Oakland Junior High School.  The letter explained that the courts are used for physical education classes, and that the removal of two of the courts would greatly impact the school's tennis unit.  The letter also mentioned truancy and the possibility that a skateboard park would be attractive to encourage such.  Dr. Laffey recommended Cosmopolitan Park for several reasons.
    Ms. McClellan pointed out that when Oakland Park was built twenty plus years ago, it was deemed appropriate to have five tennis courts.  She said it was hard to believe, given the growth in northern and eastern Columbia, that the number should be any less.  On behalf of the tennis players in northern Columbia and the children at Oakland Junior High School, she asked that the Council not convert the tennis courts to a skateboard facility, and to resurface the courts as soon as possible.
    Mrs. Crockett asked Ms. McClellan if she used the tennis courts at the present time.  Ms. McClellan said she does, but it was very difficult to play a serious game of tennis as each court has serious cracks on one side or the other.
    Mr. Coffman asked whether three courts in good condition would be better than five in poor condition.  Ms. McClellan said yes, but if three courts were in good condition, even more people would be wanting to use them.
    Diane Hughey, 1712 Skylane, President of the Oakland Manor Neighborhood Association, explained she lived on the eastern edge of Oakland Park.  She is in favor of a skateboard park, but in speaking with many neighbors recently, not one had said they were in favor of the skateboard park being located in Oakland Park.  She encouraged the Council to look at the long-term perspectives.  Ms. Hughey stated it is ironic to note that the principal reason Oakland seems to be the best place for such a facility is because the tennis courts have been neglected for so long that they can hardly be used.  She said in the nine years she has lived in the area, she has witnessed the continued decline of the courts, the pool, and the equipment along the exercise trail.  Ms. Hughey said her neighborhood association has worked to establish a good relationship with Parks and Recreation staff and have come to understand just how little money is available to maintain the facilities in Oakland Park.  Given the fiscal condition, Ms. Hughey said it is highly likely that a skateboard park located in Oakland Park would deteriorate just as the tennis courts have deteriorated.  She said there is a major difference between this park and the other alternatives.  She said that is the presence of the word "Cosmo", the sponsorship of the area.  Ms. Hughey said over the years the support contributed by the Cosmopolitan Clubs to Cosmo Park could make the difference between a skateboard park that succeeds, and one that falls into disrepair and misuse.  She asked the Council not to focus on the difference between the one-time costs of the two locations, but on the more significant long-term difference between a location in a park with no external funding, and a location which can be maintained and has the potential for enhancement.
    Paul Penn, 1811 Lovejoy Lane, President of the Tanglewood Neighborhood Association, said many association members are present to show their interest in what happens at Oakland park.  Mr. Penn said he had looked at all of the locations and had drawn some conclusions of his own.  He said one issue the skateboard committee had expressed an interest in was future expansion.  He said expansion would be costly at Oakland because of the terrain.  At Cosmo Park where the proposed skateboard park site is level, it would be a lot less costly because engineering work would not be required.  Mr. Penn said the cost of locating the skateboard park at the volleyball court would be even more costly than locating it in Cosmo park.  He said his group was also concerned about supervision at whatever site was chosen.  Regarding the additional cost for locating the skateboard park at Cosmo, the Association would probably be willing to wait on some of the improvements at Oakland Park to allow for those additional funds to be used for a facility located at Cosmo Park.
    Mills Menser, 200 W. Brandon Road, did not understand the statements about the tennis courts being used a lot at Oakland Park.  Regarding supervision, he did not think it was needed because there was none on a basketball court or on tennis courts.  Mills said kids should be able to go to a skateboard park and have fun.
    Mayor Hindman asked Mills if he would be just as happy at Cosmopolitan Park as he would be at Oakland Park.  Mills responded he would be happy with it at either park.
    Brad Gaines, 4403 Royal Lytham, said the young men involved in establishing such a facility had worked hard and earned a skateboard park.  He knew these individuals would utilize the park and wanted it soon, but he was concerned about the possibility of the facility being constructed too quickly and cheaply.  Mr. Gaines said he would like to see it done as a first class project.  In a short period of time if the park is not developed to quality standards, a lot of problems could occur and more money would have to be spent in maintenance.  Mr. Gaines' choices in order of preference for a facility were Bethel Park, Cosmo Park, and Oakland Park.  He said Cosmopolitan Park already has so much to offer and is incredibly congested.  It would also be very difficult for children to get to, especially from the south side of I-70.  Mr. Gaines thought the same thing was true of Oakland Park.  He displayed pictures of a site he thought would be appropriate between Gentry School and Bethel Park.  It is a nicely sloped area between the school's parking lot and the restroom facilities at the park.  Mr. Gaines pointed out the generous parking lot at Gentry School.  He had conducted a study and determined that there were more young people living near Bethel Park than the other parks.  Mr. Gaines had spoken to many downtown merchants and had gotten many pledges to help raise money for building a facility that would get the kids out of the downtown area.
    Scott Strawn, 401 S. Garth, spoke about the comments made regarding truancy.  He said a lot of the skateboarders are getting good grades and do not skip school.  He resented being labeled that way.  Scott felt that transportation would be more readily available to Oakland Park.
    Mr. Kruse asked if Scott was referring to bus transportation.  Scott said that was correct.  Mr. Kruse pointed out that buses run to Cosmo also.
    Aaron Smith, 4601 Aikmann Bridge Road, said a park is needed now.  He thought the park should be placed in Oakland because it could be constructed quicker at this location.  He said there was a fence, bathrooms, lights, and it would be the cheapest.  Aaron said if the Cosmo site is chosen, the park would take longer to build because money would have to be raised.
    Mr. Kruse asked if the park would be used if it was not at Oakland.  Aaron said he would use it wherever it was built.
    Byron Fruel, 404 N. Tenth, said he had been getting in trouble for the five years he had been skateboarding.  He thought Oakland would be a good spot for the park, but he would need transportation no matter where it was built.
    Raphael Stouts, 1133 Ashland Road, said it had been 50 degrees today and people had no place to skate.  He explained that skating is allowed in certain areas on the University campus, but tricks are not permitted.  If the City Police see anyone skating downtown, boards are confiscated and placed in the officer's car trunk.  Raphael said he was not opposed to any of the locations for a park, but the money is in place for Oakland and it would be the quickest option.  He said all participants would work very hard to make the park a success.
    Mrs. Crockett asked how many skateboarders there are.  Raphael said skaters would probably fill the Chamber two or three times.  Mrs. Crockett asked if he thought two tennis courts would be a big enough area.  Raphael said the largest group of skaters he had seen together had been at Lowry Mall, and sometimes there would be 30 kids skating at the same time.  He said that was kind of crowded, but kids have different schedules and they would not all be there at the same time.  Raphael reported the two courts would be a tight spot, but it would be better than nothing.  Mrs. Crockett asked how long it would be before a bigger place would be requested.  Raphael said if they had a spot, the park would just have to be expanded.  He said the easiest place to expand would be Cosmo, but it would be more expensive and would probably take longer than overlaying the tennis courts.  Raphael reported if the Council decided on Cosmo, they would deal with it and raise the money.  Mrs. Crockett asked if they would help build it.  Raphael said he would as he is on the design committee.
    Nathan DeLorenzo, 1013 Plymouth Drive, said he had some half pipes and things like that in his backyard, but he did not have enough room to have everyone over at his house.  He said a park would be much better.
    Levi Warren, 7183 Wagon Trail Road, explained that he had moved here a month ago from Colorado.  He said he had not been able to skate because he could not get another ticket.  He thought Cosmo would be a better place because of more room for expansion.
    Michael Gaines, 4403 Royal Lytham, said a place is needed to skate, fast.  His preference was Bethel or Cosmo.
    Eric Wiggin, 1306 Anthony, said he had been in and out of inline skating for a few years.  He said there were a lot of people who want this kind of thing and they needed a place.  He thought people would go anywhere in order to skate.  Because of the inline skating, he thought there was a lot of unforseen usage.  He said people needed to quit worrying about what would happen at a facility.  His feeling was that the users would police themselves.  Mr. Wiggin thought the trouble makers would not be welcomed by the people that want it to remain a privilege.
    Karlos Bussen, 462 A Cabo Lane, said he had recently moved to Columbia from Moberly, where he skated for about ten years.  He said a park was very much needed, and Oakland Park would be a good spot.
    Phil Nickerson, 1811 Blue Ridge, said residents have asked for improvements at Oakland Park many times over the years.  He said the walking/exercise trail and all of the stations were in very poor condition.  He did not see why anything else should be added to the park since what is there presently is not being taken care of.  Mr. Nickerson suggested Cosmo Park where better financing is available as well as more space.
    Dawn Cross DeLorenzo, 1013 Plymouth, Nate's mom, explained that these are good kids.  She said a lot of young people have gone to her home to skate.  Ms. DeLorenzo stated these kids are very good at it, and most of them are honor roll students.
    Malcolm Horn, 217 W. Broadway, was in favor of a skateboard park in any of the locations.
    Mayor Hindman closed the public hearing.
    Mr. Janku said a park would be built.  He said there was strong community support for one and made a motion for purposes of discussion.
    Mr. Janku made the motion that the staff be directed to proceed to build a skateboard park at Cosmo Park.  The motion was seconded by Mrs. Crockett.
    Mr. Janku listed his reasons for wanting the skateboard facility in Cosmo Park.  He said what has been heard this evening is that a large area is needed to allow for competitions and future expansion and, as such, Cosmo park is the best site to meet these needs.  He said the best reason for having the facility at Cosmo Park is because that is where people go in this community largely for recreation.  He said all three sites are on bus lines, so they are all equally accessible for those using public transportation.  Mr. Janku stated although it is unfortunate Cosmo Park is north of I-70 and has terrible access for pedestrians, it is on a bike route along the Business Loop and the City is building a trail to it.  In the long-term, it would be more accessible.  Mr. Janku reported the I-70 barrier is true of Oakland Park also.  He felt if staff is given direction to proceed, the facility could be put in place quickly.  Long-term, he thought it was best in terms of the ability to expand, and said people access that site a lot more.  It is the natural area for people of all ages, but particularly those who have to depend upon their parents for transportation.  In addition, Cosmo Park is much closer to more of the community than Oakland.  Regarding the funding issue, Mr. Janku pointed out that the Oakland residents had said they would be willing to defer some improvements if necessary.
    Mr. Kruse agreed that Cosmo Park was probably a better site, especially when thinking about the potential for expansion and maybe adding other facilities that would compliment the skateboard park like inline skating, etc.  In terms of the cost, he said the Cosmo project figures included $10,000 for lights.  Mr. Kruse suggested the lights could be initially deferred to reduce the cost of the park to $29,000, which is close to the amount currently budgeted.
    Mrs. Crockett was also in favor of the Cosmo site.  She felt the tennis courts at Oakland do need to be upgraded, and thought the courts would be used a lot more after resurfacing.  Mrs. Crockett reported she had attended the first public hearing regarding the skateboard park and, at that time, expansion was an important component.  Mrs. Crockett thought that expansion could occur a lot better at Cosmo Park.
    Mr. Coffman asked the staff how much longer the park would be delayed if the Cosmo site is chosen.  If it would be another year, he could not vote in favor of the motion.
    Mr. Green did not  think the time frame would be significantly different.  He said both parks would have to be overlayed, but a fence and lights would have to be installed at Cosmo Park.  Mr. Green did recommend the lighting.  Mr. Coffman asked if the skateboard park could be used without the lights and fence.  Mr. Green said it could be, but thought a fence should be a necessity.
    Mr. Green reported $60,000 had been budgeted to renovate tennis courts at Oakland Park.  The plan had been to renovate three courts, and to use the other two for the skateboard facility.  He said if the Council would agree to renovate just two of the courts, that figure could be reduced to $40,000, and the remaining $20,000 could be applied to the skateboard park at Cosmo.
    Mr. Green stated he did not feel that Oakland Park is the step-sister of the park system.  He said it is an older park that had been established in 1973.  Just today, staff interviewed consultants for an over one-half million dollar project to renovate the pool.  He said in the last few years, an entirely new walkway was constructed in the park, the baseball facilities had been upgraded and are used by the Diamond Council almost every evening during the summer, and two new shelters have been built.
    Ms. Coble liked the idea of utilizing other sources of funding to get this facility built as soon as possible.  She asked if additional parking would be needed.  Mr. Green said constructing a skateboard facility in Cosmo Park would eliminate approximately 35 parking spaces from an overflow parking area.
    Mr. Kruse did not think the Council should assume this would be the only skateboard park that would ever be built in Columbia.  He said there are a lot of skateboarders in southern Columbia, and he would like to see a facility at Bethel Cosmo Park as well some day.
    Ms. Coble asked if a springtime use for the park could be projected.  Mr. Green responded he would rather say mid-summer use.  He said if this motion passes, staff would have to draw-up plans and specifications, and come back to the Council for approval and the appropriation of money.  Mr. Green said whichever facility is decided on, it would have to be overlayed and the asphalt plants do not usually open up until April or May.  That is also when the lighting and fence would have to be contracted out.  Mr. Green thought the skateboard park could be opened in June or July.
    Mayor Hindman felt building this facility is a very important step for Columbia.  He is firmly convinced that the City has a great civic responsibility to provide recreation for its young people, and believed Cosmo to be the best location.  Mayor Hindman said accessibility is also very important, and consideration needs to be given to provide access to Cosmo Park from the south of Interstate 70.  This should be an important goal for this community.
    The motion made by Mr. Janku, seconded by Mrs. Crockett, was passed unanimously by voice vote.

B331-97     Replat of Lot B of Taylor's Subdivision.
    The bill was read by the Clerk.
    Mr. Beck noted that this issue had been tabled from the last meeting and since that time, a revised plat had been received.  This revision included a replat of the property to two lots, rather than the three on the original plat.  He said there had also been a letter received requesting a variance from the sidewalk regulations.  Mr. Beck was not sure how much review staff had been able to give to the revision of the replat.  Mr. Hancock said his staff sent a copy of the revised plat to Public Works, but he did not know if they had adequate time to look at it.  Mr. Hancock said he and Mr. Patterson had not reviewed the changes together, but the Planning staff apparently did not have a problem with the revisions.  He said the revised replat had not been received until December 11, but it looked like the sewer situation had been worked out.
    Mr. Beck asked if he understood that this request had not followed the normal pattern of plat submittals.  Mr. Patterson said that was correct.  He said this was probably more of a extreme condition that has been occurring frequently -- plats are being changed and staff is attempting to review them at the last minute.  He could not verify that the survey is correct, or that there have been any changes in it because there has not been an opportunity for a full staff review of the plat.
    Mr. Campbell said there was a time urgency in this situation because the replat needed to be approved this year.
    Mr. Beck pointed out that it was the owner's responsibility to submit information in a timely manner so that the staff can review it.  He said the surveyors are aware of that.
    Mr. Campbell said a plat map had been prepared and submitted, and is having difficulty in what the staff's problem is.  Mr. Hancock replied that he did not know that there is a problem, except that the revised replat had been received on the 11th, and he did now know that any time had been spent on checking it.  Staff could not say if the revisions meet requirements because there had not been time for it to go through the review process.  Mr. Campbell wondered what could be done.
    Mr. Campbell said he had received several calls regarding notices this week.  Apparently residents were not aware of this replat until it was brought up at the last meeting.  Mr. Hancock said the City is required by ordinance to provide notice to owners within 185 feet on rezoning requests.  He said there is no notice requirement with regard to plats and replats.  Mr. Hancock said a similar issue came up several years ago and the staff had decided at that time to notify neighborhood associations if the particular plat was located within an association, or within 500 feet of the association.  In this case, Maupin Woods Neighborhood Association is inactive as far as City records show, and does not know who is the contact person.  Mr. Campbell asked if any signs had been posted.  Mr. Hancock said there was no requirement for signs and none had been posted.
    There was a discussion about signs being posted and lack of notification.  Mayor Hindman said there is no such policy and, if it is deemed necessary, the Council should adopt one.
    Mr. Campbell said he received numerous phone calls from residents who would have spoken at the last meeting had they known about this request.
    Mr. Patterson pointed out that the staff had no reason to believe there is something wrong with the plat.  He said there was just simply a lack of time to go through and complete the checks that are normally done.  He explained all of the checks that are made.
    Mrs. Crockett said if the Council approved this replat, then anyone turning in a late plat should expect the Council to also grant approval.  Mr. Patterson said they would have to say the same thing at that time.  He said this is a relatively simple division and staff has no reason to think it is not acceptable.
    Mr. Campbell pointed out that this is a simple modification from the previous one that had been properly reviewed.
    Mr. Janku commented that the Council has been seeing a lot of this kind of thing -- redrawing plats.  He said the Council had recently set a deadline for board and commission applications, and he thought maybe something similar is needed for this process.
    Mr. Tomka said the only reason for this modification was because of the Council's desire for a larger lot.  He pointed out that he was again asking for a sidewalk variance.  Mr. Tomka said there are no sidewalks in the neighborhood, and some very substantial trees would have to be cut down if the variance is not granted.
    Ms. Coble said she was fully in support of what was submitted at the Council's request.  She also thought it was much more in keeping with the neighborhood to not have sidewalks, given the mature trees that would have to be cut down and having sidewalks running into berms.  Ms. Coble said if the Council needed to address the issue about the last minute submittal of plats which did not provide time for a full staff review, so be it, but this is something the Council asked for.
    Mr. Campbell pointed out that this is the last vacant lot in the area and it would be the only house with a sidewalk.  He said if the area is just starting to be developed, the Council would certainly want to have sidewalks there.
    Regarding the sidewalk variance, Mrs. Crockett said two weeks ago she voted against a sidewalk variance, so she could not support this request for a variance.   Mayor Hindman's feeling was that the street would never be widened, and the Council should allow the applicant to build the walk in the middle of the right-of-way instead of having to move it back five feet.
    Ms. Coble said if the purpose is to encourage pedestrian circulation throughout the City, the Council needed to pick their battles and be realistic.  She seriously doubted that the City would be putting money into a lot of sidewalks on that particular street.
    Mayor Hindman pointed out that the variance that had been denied two weeks ago had been part of the master plan, and this request is not.
    Mr. Campbell reported that in this situation, the trees sit on top of a berm which is also the location where the sidewalk would have to be built.
    Betsy Horton, 119 Lindell, said the neighbors had not been aware of this replat request.  She was concerned about the driveway that was proposed to back onto Lindell, and that it could very shortly become a street that would connect Stewart Road to Broadway.  Ms. Horton did not want this quiet neighborhood to become a fast thoroughfare getting from one place to another.
    Mr. Campbell asked if it was correct that without being platted, the owner could still build a driveway to Lindell.  Mr. Patterson said that was correct.  Mr. Tomka said the possibility of him allowing someone driving on the back of his property like it was a street was very unlikely.  He currently uses the access when traffic is unbearable.
    Linda Conkgowa, 118 Lindell, explained that her property abuts Mr. Tomka's.  She said residents have worked very hard to develop a climate in their neighborhood that is very safe and stable.  She was concerned that the Council would be approving something they were assuming met requirements.
    Ms. Coble pointed out that lots for two houses had thoroughly been checked and had been approved by the staff.  She said this replat would just make one bigger lot.
    Mr. Beck said the only issue was the technical review.  Mr. Patterson said the plat was changed since it was sealed and technical issues have not been thoroughly reviewed, but the plat, in his opinion, meets the intent of the subdivision regulations.  Mr. Beck added that it meets the rights-of-way and easements issues.
    Mr. Campbell made the motion that B331-97 be amended by adding the following language to the second line, after the words dated October 8, 1997, and received on December 11, 1997.   The motion was seconded by Mr. Kruse and approved by voice vote.
    Mr. Coffman made the motion to further amend B331-97 by adding the following language to Section 1, The subdivider is granted a variance from the requirements of Section 25-48 of the City Code for sidewalks on Lindell Drive.  The motion was seconded by Ms. Coble and approved by voice vote.
    B331-97, as amended, was read with the vote recorded as follows:  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.  VOTING NO:  CROCKETT.  Bill declared enacted, reading as follows:

B338-97     Authorizing agreement with Missouri Department of Public Safety to provide materials
                    and instruction for a Columbia Police Youth Academy.
    The bill was given second reading by the Clerk.
    Chief Botsford explained that this is a grant received from the state which will enable the Department to work with some at-risk youth to provide training in citizenship and some of the laws.  This grant requires no local match.  The purpose of the program is to promote better relationships with the youth.
    Mr. Janku commented that he had heard the officer who will be running the program describing it on the radio.  He said it sounded very good and, although it is great the City received a grant, he felt this is the type of program that should be pursued with or without a grant.  This program should be continued and possibly expanded.
    B338-97 was given third reading with the vote recorded as follows:  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B340-97     Accepting bid of Slates Construction and confirming the contract for construction of Cell
                    No. 2 at Columbia's landfill.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that four bids had been received for this project, and the low bid of $1,860,000.00 is being recommended.
    B340-97 was given third reading with the vote recorded as follows:  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B344-97     Approving final plat of Heritage Meadows, Plat 3, a major subdivision.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this plat would create 24, R-1 lots.  This item had been placed under Old Business because it differs from the preliminary plat with regard to the cul-de-sac.
    Mr. Hancock explained that the preliminary plat had been approved in 1995 with a street stubbing to the south.  He said after looking back at the overall site map, there might be opportunities to interconnect the street system to improve circulation in the area.  The current submittal shows only a cul-de-sac, and it is not in compliance with the approved preliminary plat.  Mr. Hancock said although there is no requirement that the final plat must absolutely comply with the preliminary plat, staff felt obligated to report it to the Council.
    Mr. Janku understood the applicant would basically be relying on a connection to Royal Heritage if there is to be an interconnection established.  Mr. Hancock said that was correct.  Mr. Janku noted that this is the type of street that generates complaints about speeding because it would be long and straight with little cul-de-sacs coming in.  He said the Council should get ready for stop sign requests.  Mr. Janku asked if the same person owns the entire area.  Mr. Hancock said that was what the record shows.
    Mr. Campbell asked if he understood correctly that the owner might come in with another plat that would turn the longer street into a bulb.  Mr. Hancock said he had no idea what the owner might do, but staff had encouraged him to bring all of the property in.  He said when the elder Mr. Rogers first considered annexation, all of the area was going to be annexed and platted at the same time.  Unfortunately, Mr. Hancock said the original owner passed away and some other parties are now involved.  This is the reason Mr. Hancock cannot say what is exactly going to occur on the property that lies outside the city limits.  Mr. Campbell asked about a stub street called Prestwick and whether or not it would normally be expected to join together in some fashion.  Mr. Hancock said there was certainly an opportunity to do that and provide some interconnections or walkability.
    Mr. Campbell made the motion to table B344-97 to the first meeting in February.  The motion was seconded by Mr. Kruse and approved by voice vote.

B350-97     Declaring the necessity to proceed with land acquisition for recreational trail along Bear
                    Creek, Phase IV.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this involves the acquisition of two tracts of land in accordance with the approved plan.
    Mayor Hindman pointed out that this trail will provide a route to Cosmo Park.  Mr. Janku said it would be actually closer to Oakland Park.
    B350-97 was given third reading with the vote recorded as follows:  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B352-97     Amending Chapter 15 of the Code of Ordinances as it relates to warrants.
    The bill was given second reading by the Clerk.
    Mr. Boeckmann explained that last month the Missouri Court of Appeals, Eastern District, ruled in a case out of St. Louis that before a City can go onto or seize a property to correct an ordinance violation, there has to be a warrant issued by a court.  This ruling could effect a case where, as in many of the City's ordinances, the person who is in violation has first been given a notice, has been afforded an opportunity for a hearing, and the opportunity to appeal into the court system.  After that, Mr. Boeckmann said the Court of Appeals states a warrant is still needed in order to go onto the property.  Mr. Boeckmann explained that there has been an application to transfer that to the Supreme Court, but there is no ruling on that motion yet.  He said this is a surprising decision in view of all the due process that had been afforded the defendant.  In light of this decision, Mr. Boeckmann drafted an ordinance that would authorize the Municipal Court to issue a warrant authorizing City employees to go onto property in order to secure it.  This will involve the same procedures that are followed when search warrants are issued in that an affidavit will have to be presented to the Judge alleging all of the facts that constitute a violation of the ordinance, and justification for what is being done.
    Mr. Coffman asked if this would apply to all code violations.  Mr. Boeckmann said there were a limited number of ordinance violations that would entail the City staff to go onto property.  He did not imagine a great number of warrants would be issued.  Mr. Coffman did not see a problem with this amendment.  Mr. Boeckmann said there were so few ordinances issued that staff probably would have waited longer before suggesting this amendment except for the next item on the agenda -- concerning a situation that needs immediate action.
    B352-97 was given third reading with the vote recorded as follows:  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B353-97     Authorizing city staff to secure an unsafe structure located at 601 Jackson Street.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this is a piece of property in which the City is not getting any response to staff work.  He said the owner apparently lives out of state.  Staff is requesting direction to secure the building.
    Mr. Janku said there is a property on Garth and Sexton that has been boarded up from the exterior.  He asked if there was a way to secure it by boarding from the interior so the neighborhood does not have an eyesore.  Mr. Campbell felt that might encourage the neighborhood kids to break out the windows.   Mr. Janku felt there would be less likelihood of problems with the boarding on the interior.  He said when a house is boarded on the exterior, then graffiti is a concern.  He referred to the former Wendy's on the Business Loop.  Mr. Campbell felt that broken glass would be hazardous to any neighborhood kids that might be playing around the home.
    Mayor Hindman suggested allowing the Public Works staff to use their own judgement.  He asked what happens after the structure is boarded up.  Mr. Boeckmann said Mr. Janku had mentioned that the staff could keep an eye on it for further violations, but when an out of state person is involved, it is a difficult enforcement problem.  Mayor Hindman asked if the person would be in continual violation of the ordinances.  Mr. Boeckmann said when dealing with the building code ordinances, every day is a separate violation.  Mayor Hindman asked then whether the owner should be fined everyday until it gets to the point where the individual owed so much money that the structure could be torn down.  He felt the City had an obligation to the community to do something about it.  Mr. Boeckmann said the owner could be charged, but it sounded like in this situation that the owner lives out of state and we would have to catch him passing through.  Mayor Hindman said the City needed to develop some sort of solution to get rid of these nuisances.  Mr. Campbell agreed.
    Mrs. Crockett asked what the property was worth.  Mr. Patterson said he could not answer that, but said staff had determined that the building can be structurally rehabilitated and, because of this, the City did not have the authority to tear it down.  The City would get into real liability when attempting to exercise that authority.   Ms. Coble reminded the Council this issue concerns housing stock in the central city.  Mayor Hindman said that was the point, and area residents are having their property ruined by structures such as this.
    B353-97 was given third reading with the vote recorded as follows:  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

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

B339-97     Authorizing agreement with the Columbia School District for use of a portion of the City's
                    fiber optic cable system.
B341-97     Accepting conveyances for sanitary sewer, utility, street and drainage purposes.
B349-97     Amending the FY 1998 Pay Plan to reclassify one Printer I position to Printer II, reclassify
                    Assistant Public Communications Officer to Public Communications Assistant.
B351-97     Authorizing the City Manager to execute a contract for sale of Jenkins' property relating to
                    pedestrian access at Stadium Boulevard and Westwinds Drive.
R193-97     Authorizing the City Manager to enter into a contract with the University of Missouri to
                    allow the City to bill for minor services provided by the Health Department.

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

R194-97     Authorizing a letter of credit agreement with the FAA.
    The resolution was read by the Clerk.
    Mr. Beck explained this is a new FAA policy that would bring the City into compliance with their reimbursement guidelines.
    The vote on R194-97 was recorded as follows:  VOTING YES: CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R195-97     Authorizing FY98 social service agency contracts.
    The resolution was read by the Clerk.
    Mr. Beck explained that these social service recommendations were received at the time of the budget hearings.  He pointed out that 40 programs are being recommended for approval in the amount of $607,955.00.  In addition, he noted that the City administers vendor contracts through the Office of Community Services in the amount of $84,500.  The total requested contract amount is $692,455.00, which has been included in the budget for this fiscal year.
    The vote on R195-97 was recorded as follows:  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R196-97     Authorizing reallocation of FY97 child care funds.
    The resolution was read by the Clerk.
    Mr. Steinhaus explained that during fiscal year 1997, the Community Services Advisory Commission set aside $75,000 for child care funds.  He said funds are supplementing individuals who are on the waiting list to receive child care funding through the Division of Family Services, and the Job Center is to administer the funds.
    Earlier this year, Mr. Steinhaus explained that DFS came up with more child care funding to those eligible due to low income.  In the past, child care funding from the state has gone up and down.  Sometimes there has been a great increase in the number of available slots and the waiting list will be completely eliminated, and then two months later the system will shut down.  Mr. Steinhaus reported the Commission monitored this situation for a six month period and decided that state funding, due to welfare reform, was going to be continually strong for child care subsidies.  At that point, the Commission decided child care was still a very important issue in this community, and they wanted to see how these funds might address other child care concerns in the community.
    Mr. Steinhaus stated an RFP had been developed and sent out to various agencies in the community, and a number of proposals were received for ways to improve child care services.  He reported the Commission also encouraged agencies who submitted proposals for FY98 social service funding to submit letters for supplemental funding if they had not received as much as had been requested for 1998, recognizing these would be one-time funds.
    Mr. Steinhaus explained that the contracts being recommended tonight total $50,000.  He said this is a mix of funding for some very unique and excellent child care projects, as well as some supplemental funding for some of the agencies the City supports.  He noted the Commission is asking that the Council not take action on $25,000 of the funds.  Mr. Steinhaus said the Child Care Team of the Boone County Health Report Card requested funding for a one year full-time position to take advantage of the current environment, with child care being at the top of the social agenda.  Also recognized is that child care is an integral part of employment in this community due to welfare reform.  He said the Child Care Committee proposed that this staff person would help develop a comprehensive child care system in the community.  He said $58,000 had been requested and the Commission recommended $25,000, contingent on the Committee being able to raise another $25,000 match in the community.  He said a funding request had been submitted to the United Way for Venture funding, and a $25,000 match has been granted for the project with the contingency that the City approach the State of Missouri for some funding to reduce this $25,000 commitment.  In contacting the state, Mr. Steinhaus said the Commission was told to bring the request through the Community Partnership.  At this point, the Community Partnership is working on formalizing its relationship with the Child Care Team.  Once finalized, that person would work out of Mr. Steinhaus' office and be a full-time, temporary City employee for one year.  The goal of the project is to bring the business community and the child care providers together, and try to develop an integrated child care system in this community that would improve quality, affordability, and accessibility.
    Ms. Coble understood the Council would not be approving that full-time, temporary employee as part of this resolution.  Mr. Steinhaus said that was correct, but he would be coming back as soon as possible once the Community partnership formalizes its relationship with the Child Care Team.  Ms. Coble understood those funds would not come out of the City budget.  Mr. Steinhaus said $25,000 would come out of City funds.  Ms. Coble asked if the Council would still be appropriating $16,500 in funding to the Child Care Connection.  Mr. Steinhaus said this is correct.  Ms. Coble said then essentially, $50,000 will be spent for conversations.  Mr. Steinhaus said he would rather call it a long-term investment in the future.  He said if one looks at other communities across the nation, some excellent systems have been built.  He said Governor Carnahan, with his early childhood development emphasis, would make this issue a priority next year.  He said it would also be a major piece of federal legislation next year.  Mr. Steinhaus said he was hearing from everyone at the state level that Columbia is about a year ahead of everyone else in the state, and if Columbia can get the business community and the child care providers together to develop a good working model, this City will be on the cutting edge in developing a prototype that will probably be modeled in other communities.  He thought this community would be in a good position to obtain more funding.
    The vote on R196-97 was recorded as follows:  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R197-97     Authorizing the City Manager to execute a lease agreement with James R. and Mary C.
    The resolution was read by the Clerk.
    Mr. Beck said this would authorize the City to negotiate a lease agreement in the Rader Building, the portion which faces Eighth Street and is located between the City's Finance Annex and the parking plaza.  The City is now in the process of closing on the south half of the building.  He said this would authorize the signing of a lease agreement with the current lessee for a two year period.  Mr. Beck noted that the structure could use some work, but staff is reluctant to spend a lot of money on repairs until the future of the building is determined.
    Mr. Campbell asked about rates on downtown office space.  Mr. Watkins responded that surveys indicate that downtown office space is going for between $6 and $13 per square foot, depending upon location (whether or not it is ground floor and the condition of the building).  Mr. Campbell said this is a pretty big variance and the Rader building is in a prime location.
    The vote on R197-97 was recorded as follows:  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, 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:

B354-97     Approving final plat of the Curtis Rollins Subdivision; Block 2, a major subdivision.
B355-97     Approving final plat of Renaissance Meadows, Plat 1; a major subdivision.
B356-97     Amending Chapter 25 of the City Code as it relates to plat submittal requirements and
B357-97     Amending Chapter 29 of the City Code to clarify provisions relating to landscaping
                    requirements for parking lots constructed in District C-2.
B358-97     Authorizing amendatory agreement number two to the Associated Electric interchange
B359-97     Appropriating funds for water main project.
B360-97     Accepting donation of land located in the upper section of Harmony Branch.
B361-97     Amending Article III of Chapter 11 of the City Code pertaining to beverage containers.
B362-97     Declaring the necessity to proceed with land acquisition for a recreation trail along Bear
                    Creek Phase II.
B363-97     Authorizing Change Order No. 1 and the Engineer's final report for the William and
                    Anthony Drainage Project; and appropriating funds.
B364-97     Authorizing execution of annexation agreements with Evans, Putnam, Putnam and
                    Storey; authorizing interconnection agreement with Boone County Regional Sewer
(A)     Proposed Historic Preservation Ordinance.
    Mr. Beck said the Council had discussed this proposed ordinance at a work session, and needed to decide whether or not to refer this issue to the Planning and Zoning Commission.
    Mayor Hindman made the motion that the issue be referred to the Planning and Zoning Commission for their review and recommendations.  The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
    Mr. Coffman questioned exactly what was meant by the owners of at least 60% of the property in the area.  He asked if that was determined by 60% of the owners, or 60% of the area.  Mr. Janku said the Council had the same debate when discussing urban conservation districts, and that it was probably something for the Commission to hash out.  Mr. Coffman urged anyone having concerns about this issue to make comments to the Planning and Zoning Commissioners and the Council.

(B)     Jefferson Street Parking.
    Mr. Beck explained that the staff had reviewed the Jefferson Street parking situation requested by the Council, and the recommendation includes that parking be removed from the east side of Jefferson Street, between Sexton and Forest Avenue.  No changes were recommended for on-street parking on Jefferson Street north of Forest.
    Ms. Coble made the motion that staff be directed to proceed with installing no parking signs along the east side of Jefferson Street, between Sexton Road and Forest Avenue.  The motion was seconded by Mr. Kruse and approved unanimously by voice vote.
(C)     Temporary Street Closure Request for First Night.
    Mr. Kruse made the motion that the street closure be permitted as requested.  The motion was seconded by Mr. Campbell and approved unanimously by voice vote.

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

Kingsbury, Jill S., 1911 Wolcott, ward 2 - term to expire 12/31/00
Rauzi, Ilene, 506 Huntridge Drive, Ward 5 - term to expire 12/31/00

Bartok, Peter J., 321 W. Burnam, Ward 5 - term to expire 8/1/01 (Regular)
Londeree, Ben R., 2601 Chapel Wood Terrace, Ward 4 - term to expire 8/1/01

Folsom, Therese, 111 N. Greenwood, Ward 1 - term to expire 6/1/00

Hanson, Phillip F., 801 Canterbury, Ward 5 - term to expire 12/31/99
Nolan, Michael F., 2009 N. Deerborn Circle, Ward 4 - term to expire 12/31/99

Harris, Richard E., 1121 Danforth, Ward 6 - term to expire 12/21/99

Dunscombe, Vicki B., 212 Bingham, Ward 5 - term to expire 12/21/99

Kabler, Kary L., 509 Westmount, Ward 4 - term to expire 1/1/01
Roper, Robert L., 3711 Woodrail on the Green, Ward 5 - term to expire 1/1/01
Walther, Skip, 2209 Yuma Drive, Ward 4 - term to expire 1/1/01

Hoecker, B. W., 3204 Wood Valley Way, Ward 5 - term to expire 1/1/01
Sheltmire, Stephan J., 1908 Tremont Ct., Ward 4 - term to expire 1/1/01

    Mr. Campbell reported that an elderly lady had called him and reported that she had cleaned the snow off her sidewalk after the last storm, but the City trucks came by and piled more snow on it.  He said when talking about the whole question of cleaning sidewalks, this is something that needs to be kept in mind.  Ms. Coble said she received calls about the same thing.  Mayor Hindman said he had received a letter about it.
    Mr. Campbell said he had raised a question some time ago about the Grant Elementary School playground equipment.  He said staff was going to look into sharing the cost of the equipment with the school district.  Mr. Boeckmann said there would be a policy resolution on the next agenda.
    Given the comments earlier this evening regarding the bright lights at the car wash, and numerous comments he has received about lighting that is too bright on some commercial and office developments, Mr. Kruse thought it is time for the Council to take a look at an ordinance regulating lighting.  The City has tried to be good neighbors of late in regards to street lighting with special housings that force the light down.  He noted that there is actually an organization called The National Dark Sky Association which has a national membership, and they are advocates for street lighting and development-type lighting that adequately lights parking lots and streets without creating unnecessary glare.
    Mr. Kruse made the motion that the staff be directed to investigate the issue with other communities, and come back with recommendations.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mayor Hindman suggested that staff also check into "unpeopled" businesses that are open all night -- like car washes and convenience stores.
    Referring to the workshop he attended on Walkable Communities, Mr. Kruse thanked the Mayor for getting the City involved.  He asked for a staff report on the possibility of designing roundabouts at Nifong and Forum, and Nifong and Bethel.  He said since the City is budgeted to provide some signals and improvements at both locations, the roundabouts should be looked at as an option.
    Mr. Campbell said he had asked Mr. Patterson to look at putting a traffic calming device on Westport, which is an area the Council has had considerable discussion about because people are speeding down to the soccer fields at the end of the street.
    Mr. Kruse made the motion that the staff report back regarding his comments on the roundabouts at the two locations mentioned, and any other locations that may be deemed necessary.  The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    Mr. Kruse said he is still curious about the design of Forum and Chapel Hill in terms of pedestrian traffic.  He said he is waiting for a report back.
    Mr. Janku noted that a lot of new buildings have been constructed in the last few years on Hathman Place, between the Business Loop and Paris Road.  He asked why no sidewalks had been built on the improved, curbed and guttered street.  Mr. Beck replied that the plats were approved before the subdivision regulations went in.  Mr. Patterson said he would check into the situation.
    Mr. Janku said a recurring question that continuously arises is the issue of adjoining property and not knowing the plans for the surrounding area.  He thought the Council is trying to get into the issue of requiring owners to indicate plans for adjoining property.  Mr. Beck said years ago, the first thing submitted by the owner was a sketch plat of the entire property, followed by a preliminary plat, and finally, the final plat.  He said that would give a picture of the entire ownership.  He said the goal of the staff is to try to determine if the City could work with the neighborhood to see how roads might be tied together.  Mr. Beck said currently there is no requirement for submitting a sketch plat of the entire property.  Mr. Hancock said staff is planning on introducing something that addresses this issue to the Planning and Zoning Commission in January.
    Mr. Janku asked that an ordinance be drafted repealing the exception of covering cars that have been abandoned.
    Regarding the earlier conversation about notification of neighborhood residents during the replatting process, Mr. Campbell said he did not have an answer to the problem.  He said if a replat occurs in a new subdivision, this is not a major problem; however, if it is in an older section of town, it has been a problem.  He asked the staff to determine if there is any way of differentiating the issue because he did not think it is necessary in all replattings that occurs in new subdivisions.  If  a replat occurs in a built subdivision, there may be a need for notification.  Mayor Hindman said there may actually be a need in new subdivisions also, referring to stub streets.
    Mr. Campbell made the motion that the issue be referred to the staff for their recommendation.  The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    Mrs. Crockett asked about engineers and/or developers being notified if a final plat is taken off the consent agenda and placed under old business.  She had been asked how often questions arise on final plats, and whether these plats are generally placed on the consent agenda.  Mr. Hancock said if there is any deviation from the preliminary plat, final plats do not appear on the consent agenda.
    Mr. Beck commented that this was the last Council meeting of the year and he wished everyone a happy holiday.  He reminded residents to keep in mind the holiday schedule relating to collection days.
    Henry Lane, 1816 E. Broadway, commented on B359-97, which was introduced this evening concerning an increase in the appropriation for water project Number 51 from $203,000 to $370,000.  He said this project, coordinated with two other projects in the Vandiver/Commerce Court area, were quoted at a price of $359,000.  He wondered why the appropriation for just one project is $370,000, when the cost of all three came in at $359,000.  This is according to information from prior year appropriations of $310,565 on the project.  He said it is difficult to determine which amount is correct.  Mr. Lane assumed there is a logical explanation, and suggested that it be looked into before passage at the next meeting.
    The meeting adjourned at 12:20 a.m.

                                                                                                 Respectfully submitted,
                                                                                                 Penny St. Romaine
                                                                                                 City Clerk