M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
NOVEMBER 16, 1998

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, November 16, 1998, in the Council Chamber of the City of Columbia, Missouri.  The roll was taken with the following results: Council members COFFMAN, HINDMAN, COBLE, JANKU, and CROCKETT were present.  Council members CAMPBELL and KRUSE were absent.  The City Manager, City Counselor, City Clerk, and various Departments Heads were also present.

APPROVAL OF MINUTES
    The minutes of the regular meeting of November 2, 1998, as well as the minutes of the special meeting of November 5, 1998, were approved unanimously by voice vote on a motion made by Ms. Coble and a second by Mrs. Crockett.

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mayor Hindman noted that R239-98 would be added under Special Items.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mrs. Crockett and a second by Mr. Janku.

SPECIAL ITEMS
1.     Lowell Patterson, Director of Public Works: APWA D2 Award.
    Mayor explained that Mr. Patterson had been selected by the Missouri Chapter of the American Public Works Association to receive the D2 Award.  Mr. Beck explained that this award is considered the highest of that given by the Missouri Chapter, and is given to individuals who exemplify excellence and dedication to public service and performance in the field of Public Works.
    Mr. Patterson joined the Mayor and City Manager at the podium where he was recognized for his achievement.  Mr. Patterson said while it is always an honor and a  pleasure to be recognized by your co-professionals, he considered it to be more of a privilege to work with his fellow City staff members.  He said it is easy to take credit for the things these individuals do, and he considered Columbia's Public Works Department to be the best in the entire United States.

2.     Cliff Robertson, Recognition of 50-years of City Service.
    Mayor Hindman noted that Mr. Robertson has been working with the Water and Light Department since November 1, 1948.  Mr. Beck explained the many positions Mr. Robertson has held over the years.  He pointed out that this recognition was not for his retirement, but merely to recognize his 50th anniversary.  He stated that Mr. Robertson had done a great job over the years for the City and the department.

R239-98     Resolution of Appreciation to Clifford O. Robertson.
    Mayor Hindman read the resolution.
    Comments were called for with none received.
    The vote on R239-98 was recorded as follows: VOTING YES: COFFMAN, HINDMAN COBLE, JANKU, CROCKETT.  VOTING NO: NO ONE.  ABSENT: CAMPBELL, KRUSE.  Resolution declared adopted, reading as follows:

    Mr. Malon said it has been an honor and a pleasure to work with Mr. Robertson over the years.  He said he is a great example of a dedicated City employee.  Mr. Malon thanked Mr. Robertson for his dedicated service.
    Mr. Beck presented Mr. Robertson with a City shirt and thanked him for his dedication and for all the work he has done for the residents of Columbia.
    Mayor Hindman said Columbia citizens have reason to be very proud of City staff.  He pointed out the huge amount of praise he has heard in connection with the way the staff responded to the storm last week.  Mayor Hindman received many, many compliments about how quickly the City responded, how thoroughly they had responded, and with such kindness and care.  He commented that other entities had done very well also, and said it turned out to be a highly cooperative effort.

SCHEDULED PUBLIC COMMENTS
    None.

PUBLIC HEARINGS
B336-98     Authorizing construction of a 12-inch water main serving Liberty Square, Block 3;
                    payment of differential costs above those to install an 8-inch water main; appropriating
                    funds.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this is a relatively small project, 900 feet in length.  The project is estimated to cost the City's Water and Light utility about $8,600.  He added that the proposal is in accordance with City policy wherein the City pays for the extra diameter pipe, and the developer will pay for that which is required for their development.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B336-98 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO: NO ONE.  ABSENT: CAMPBELL, KRUSE.  Bill declared enacted, reading as follows:

B337-98     Calling for bids for the construction of MC-7 Trunk Sewer serving Thornbrook
                    Subdivision.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this proposal is also in accordance with City policy wherein the City builds sewers up to what is termed the 80-acre point.  He said the developers, or homeowners, who desire to connect to the line need to carry the sewer from this 80-acre point upward in the drainage area to their properties.  The estimated cost of this project is $180,000 for a 600 foot line.  The line will vary in diameter from 15", to 12", and then to 10".  The standard diameter is eight inches.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B337-98 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO: NO ONE.  ABSENT: CAMPBELL, KRUSE.  Bill declared enacted, reading as follows:

B352-98     Rezoning 1809 Vandiver Drive from O-1 to C-P.
    The bill was given second reading by the Clerk.
    Mayor Hindman noted that a request had been received from the applicant asking for the issue to be tabled.
    Mr. Beck reported that the Planning and Zoning Commission had recommended denial of the rezoning.
    Mrs. Crockett said she received a call from area residents who requested that if the issue were to be tabled, that it be tabled to the first meeting in January because of the upcoming holidays.
    Mayor Hindman opened the public hearing with the understanding that the issue would probably be tabled to the January 4, 1999, meeting.
    Comments were called for with none received.
    Mr. Janku made the motion that B352-98 be tabled and the public hearing continued to the January 4, 1999, meeting.   The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.

B353-98     Rezoning 209 and 213 Third Avenue from O-P to C-P; approving a C-P Development Plan.
    The bill was given second reading by the Clerk.
    Mayor Hindman noted that the applicant had requested that this issue be tabled to the December 7 or December 21 council meeting.
    Mr. Beck explained that the Planning and Zoning Commission had recommended denial.
    Mayor Hindman opened the public hearing.
    Comments were called for with none received.
     Mrs. Crockett made the motion that B353-98 be tabled and the public hearing continued to the December 7, 1998, meeting.  The motion was seconded by Ms. Coble and approved unanimously by voice vote.

(A)     Storm water drainage improvements in the DeFoe Drive area.
    Item A was read by the Clerk.
    Mr. Beck explained that this improvement would be in the Rothwell Heights area and has been on the priority list since the consultant's report was completed.  He noted there has been home and street flooding in the area.  The estimated cost of the project is approximately $103,000, with the funds coming from the storm water utility funds.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Ms. Coble made the motion that the staff be directed to proceed with the DeFoe Drive drainage improvement project.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

(B)     Annexation of city-owned property located on the north side of Hinkson Creek Road, east of
          Hinkson Creek.
    Item B was read by the Clerk.
    Mr. Beck explained that this tract contains approximately 131 acres and is immediately west of the landfill.  The property will be used primarily as a buffer, with some development to occur on the north portion.   In the meantime, the property is being leased for farm purposes.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mayor Hindman noted that a resolution setting the public hearing is on the Consent Agenda.

OLD BUSINESS
B342-98     Amending Chapter 14 of the Code relating to parking prohibited locations.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this bill is a housekeeping matter.
    Comments were called for with none received.
    B342-98 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO: NO ONE.  ABSENT: CAMPBELL, KRUSE.  Bill declared enacted, reading as follows:

B343-98     Amending Chapter 14 of the Code to provide additional metered parking on portions of
                    Hitt Street and Stewart Road.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this would provide for 26 new five-hour parking meters on Hitt Street, and 15 new five-hour meters on Stewart Road.  He said the five-hour timing had been worked out several years ago with the University to cover half days of classes, while allowing enough time for students to return to their vehicles.  Mr. Beck reported the new meters will also provide for turnover to avoid spaces being used all day by any one person.
    B343-98 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO: NO ONE.  ABSENT: CAMPBELL, KRUSE.  Bill declared enacted, reading as follows:

B344-98     Accepting a conveyance of Lots 134 and 135 of the Seven Oaks Subdivision.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this would transfer the two lots as part of the City's agreement for development of the area.  He said there were to be three conveyances over a period of time, this would be the second conveyance of land without cost to the City.  He said one lot is about 15 acres and would provide part of the Hinkson Creek greenbelt in the immediate area.  He said Lot 135 consists of about 10 acres and will preserve a mature hardwood forest in the same vicinity.  Mr. Beck stated the land is being conveyed by the Jeffrey E. Smith Investment Company.
    Mr. Janku extended the City's appreciation for the donations.   Mayor Hindman said it will be a nice addition.
    B344-98 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO: NO ONE.  ABSENT: CAMPBELL, KRUSE.  Bill declared enacted, reading as follows:

B346-98     Vacating a portion of Pannell Street, north of the Columbia Terminal Railroad right-of-way.
    The bill was given second reading by the Clerk.
    Mr. Beck said the next ordinance is also tied into this vacation.  He noted that Pannell is immediately west of the COLT right-of-way area.  He said this request had been reviewed by different City departments, and staff is recommending the vacation.  Mr. Beck reported this issue had also been reviewed by the Planning and Zoning Commission, and they recommended approval of the vacation as well.  Mr. Beck noted that Columbia College is planning to expand their gym area and do some other things.
    Bob Hutton, Director of Facilities for Columbia College, offered to answer any questions.  He explained that passage of this bill and the next one would enable the College to build an addition on the south side of Southwell Gymnasium for a tennis facility.
    B346-98 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO: NO ONE.  ABSENT: CAMPBELL, KRUSE.  Bill declared enacted, reading as follows:

B347-98     Approving the final plat of Southwell Subdivision; variances to the subdivision
                    regulations.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that there is a request for two variances on this plat; one relating to a cul-de-sac not being provided as a part of the plat, and the other having to do with the width of the right-of-way for Hitt Street.  He said the Planning and Zoning Commission voted unanimously in favor of the cul-de-sac not being required.  He stated the Commission voted 6-2 against the street width shown on the plat --  they requested an increase in the width.
    Bob Hutton Director of Facilities for Columbia College, said the variance for the cul-de-sac was recommended for approval because Pannell Street would not essentially change -- even with the construction of the new building.  He said the street would remain open until the City closes it at the railroad right-of-way.  Mr. Hutton noted that is in the planning stage.  He reported the College is hoping to avoid the cost of building a cul-de-sac when the street will remain, for all intents and purposes, unchanged.
    Regarding the right-of-way, Mr. Hutton said the College received a positive recommendation from the Commission, but it had not been unanimous.  He agreed with City policy in regards to replatting and requiring additional right-of-way.   He noted the problem in this case is that it could create a substantial hardship on Columbia College.  He said if the College granted eight feet of right-of-way, the two buildings on Rangeline would be in violation of the setback requirement.  Mr. Hutton said the buildings are on the 25-foot setback line right now.   He reported that would be a blemish on the title, and Columbia College would have to go to the Board of Adjustment for the variance if the Council did not grant it.  He said the other problem relates to the proposed new building.  This structure will line up (across the front) with Southwell Gym, so it would also be on the 25-foot setback line.  Mr. Hutton said if the College is not granted the variance, they would not be able to build the new building without going back to the Board of Adjustment to get permission.  As part of the plat, he pointed out that the College has dedicated an additional ten feet of utility easement along Rangeline.
    Mayor Hindman understood the College would look favorably on the right-of-way issue.  Mr. Hutton said he could not commit to that, but obviously the College would try to be a good neighbor and would not hold up the City.  He pointed out that this involves approximately 480 feet of right-of-way on one side of the street.  He stated the College owns several thousand feet along Rangeline.  If need be, Mr. Hutton said it would not be a very big deal to dedicate it all at once, provided that the right-of-way is needed at some point.
    Mr. Janku remarked that he is comfortable with the variances as recommended.  He did not see a widening project planned for this area in the near future.  Mr. Janku did not feel it would be worth putting the College through potential problems at this point.
    B347-98 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO: NO ONE.  ABSENT: CAMPBELL, KRUSE.  Bill declared enacted, reading as follows:

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

B338-98     Calling for bids for the construction of the Glen Eagle Drive storm drainage improvements.
B339-98     Calling for bids for sanitary sewer relocations necessary in conjunction with the Route B
                     improvement project.
B340-98     Calling for bids for the street construction of Conley Road from I-70 Drive SE to its
                     northern terminus.
B341-98     Calling for bids for the construction of H-4 Trunk Sewer serving the Baurichter property.
B345-98     Accepting conveyances for utility purposes.
B348-98     Approving the final plat of The Highlands, Plat 17.
B349-98     Approving the replat of lot 12120 of The Highlands, Plat 12-A.
B350-98     Approving the replat of lot 51 of Country Club Villas II, amended.
B351-98     Approving the replat of lot 89 of Country Club Villas III.
R224-98     Setting a public hearing: special assessments against property benefited by
                     improvements made to Sanitary Sewer District No. 138.
R225-98     Setting a public hearing: construction of an 8-inch water main serving Heritage Meadows,
                     Plat 4, payment of differential costs above those to install a 6-inch water main.
R226-98     Setting a public hearing: construction of improvements at the Cosmopolitan Recreation
                     Area.
R227-98     Setting a public hearing: Oakland Park disc golf course improvements.
R228-98     Setting a public hearing: annexation of property located on the southeast side of Old
                     Plank Road, south of Glasgow Drive.
R229-98     Renewing an agreement with the Missouri Department of Health for issuance of birth and
                     death certificates.
R230-98     Renewing an agreement with Boone County Historical Society for caretaking services at
                     Nifong Park.
R231-98     Renewing an agreement with Boone County Historical Society for operation of the
                     historical museum.

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

NEW BUSINESS
R232-98     Authorizing the City manager to execute Shelter Place Subdivision, Plat 1.
    The resolution was read by the Clerk.
    Mr. Beck explained that this would create one C-1 zoned lot for an existing commercial development.  He said there has been quite a bit of discussion about this particular roadway extension, and the staff has been trying to assure that Tiger Lane, where it enters Bernadette Drive from the east and west, would be aligned so there would be no jog in the intersection.  In order to accommodate that, Mr. Beck said it was necessary to bring the street southward.  The property on the east side of Bernadette Drive is owned by the City Water & Light Department.  He said the Water and Light staff reviewed whether this would create any problems for some future expansion.   He said the right-of-way shown is slightly narrower than the normal right-of-way, and requires the City staff to sign off on the plat because some of the property is actually City-owned.
    Mr. Janku asked if the replat would trigger the sidewalk requirements when structures are built.  Mr. Beck said the staff looked at it and felt they could get a sidewalk along the street.   Mr. Janku asked about any new structures built on Bernadette requiring sidewalks.  Mr. Patterson said whatever is being newly platted would have a requirement for a sidewalk in conjunction with any occupancy permit, unless there is a specific variance granted by the Council.
    The vote on R232-98 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO: NO ONE.  ABSENT: CAMPBELL, KRUSE.  Resolution declared adopted, reading as follows:

R233-98     Authorizing an amendment to the agreement with Horner & Shifrin for architectural and
                    engineering work in connection with the police and armory buildings.
    The resolution was read by the Clerk.
    Mr. Beck said there has been some preliminary architectural work with several committee staff groups working with Horner & Shifrin out of St. Louis.  He reported this related primarily with the Armory building and the JCIC facility.  Mr. Beck stated the detailed plans and specifications have almost been completed, particularly on the Armory building.  He said there will be value engineering-type work done on the Police building itself.  Mr. Beck pointed out that Mr. Patterson has been in negotiations with Horner & Shifrin on the second phase of the overall agreement, and it had been agreed that the City would have to give the consultants written notice before they could proceed from Phase 1 to Phase 2.
    Mr. Beck said the maximum not to exceed cost for design work on the Armory Building would be $95,000, and the Police building would be $165,000.  He said staff is proposing to move forward immediately with the Armory building and, once the value engineering process is completed on the Police/JCIC building, it could be determined whether to proceed with detailed plans and specifications for that part of the project.  Mr. Beck said he is looking for ways to cut back because the figures discussed during the budget hearings has substantially increased (particularly relating to the mechanical and electrical systems).  He is hopeful to have adequate funds in the public improvement fund, with monies left over from the use tax pay back, to proceed with the Police building.
    The vote on R233-98 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO: NO ONE.  ABSENT: CAMPBELL, KRUSE.  Resolution declared adopted, reading as follows:

R234-98     Authorizing an agreement with the Curators of the University of Missouri, School of
                    Medicine for the education and training of students.
    The resolution was read by the Clerk.
    Mr. Beck noted the City has had an excellent working relationship with the School of Medicine over a period of years.  He explained this is a relatively new program in which there are interns working in the Health Department under the supervision of University medical staff.   Mr. Beck pointed out that these interns would be working primarily in the area of infectious disease.  He reported the program will operate at no cost to the City.
    The vote on R234-98 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO: NO ONE.  ABSENT: CAMPBELL, KRUSE.  Resolution declared adopted, reading as follows:

R235-98     Authorizing an agreement with Burns & McDonnell for engineering services for chlorine
                    hazard assessment.
    The resolution was read by the Clerk.
    Mr. Beck explained that because of some new Clean Air Act regulations, the City is required to prepare a risk management plan when hazardous materials are involved.  He said Burns & McDonnell will be working on this plan to comply with federal regulations.  The amount of the agreement is not to exceed $16,000.
    The vote on R235-98 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO: NO ONE.  ABSENT: CAMPBELL, KRUSE.  Resolution declared adopted, reading as follows:

B236-98     Amending the annexation agreement with Gary and Virginia Evans to allow an additional
                    45-foot pole sign.
    The resolution was read by the Clerk.
    Mr. Beck explained this property is located at the Lake of the Woods interchange.  He said it was felt that the original agreement was specifically written as it related to the type of signs that would be allowed on the property.  He said there has been some differing opinions as to what was intended to be written in the agreement after a request was received for an additional pole sign.  Because the property is outside the City limits, the normal procedure of going before the Board of Adjustment for a variance would not be lawful.  Mr. Beck said the only appeal process would be for the City Council to hear the request.
    Mr. Janku understood that the animated sign would be allowed to be kept in place, and that the owners would be able to replace it if necessary.  Mr. Beck said that is correct.  Mr. Janku asked how many other signs there would be.  He noted a reference to a future sign.  The answer was a total of four signs -- three new signs plus one animated sign.
    Mr. Coffman asked if he understood correctly that there are two variance requests; one for an additional sign where otherwise only three would be allowed, and a variance for the height of one of the signs.  Mr. Watkins explained that the ordinance allows three signs for a shopping center, which is what they determined this development to be.  He said staff's understanding of the request is to have three signs, one of which is requested to be 45-feet instead of the 30-foot maximum, plus the animated sign.
    If the 45-foot sign is allowed, Mrs. Crockett asked what would happen in the year 2007.  She asked if it would fall under the ordinance and would have to be lowered.  Mr. Boeckmann thought, assuming the property comes into the City by that time, it would be in the same category as other signs in the City.   Mrs. Crockett asked if variances had been granted for any other signs besides Home Depot.  Mayor Hindman explained that those variances would be granted by the Board of Adjustment, and he did believe some higher signs have been allowed along the highway.
    Mr. Coffman said it would be helpful if the Council knew on what basis the variances to the sign ordinance were granted.  Mayor Hindman said the Board of Adjustment would consider such things as visibility and placement of the competition's signs.
    Mr. Janku noted that sign height is measured from a certain point in the road or some sort of level to give it uniformity.  He asked if this agreement spells that out so it would be known what the 45 feet is measured from.  Mr. Patterson said it would be consistent with the staff's interpretation of the ordinance, whether or not the language is in the agreement.   He said the absence of this language in the agreement would subject it to those same criteria.  Mr. Boeckmann noted that the agreement stipulates City Codes must be followed.
    Brian Connell, an architect with offices at 28 N. Eighth, spoke on behalf of Mr. Evans and his partners in their efforts to develop this particular corner.  He explained the signs being addressed relate to the three acres immediately on the corner of St. Charles Road and I-70.  He further explained that part of the conditions of the original  annexation agreement covered signage.  Mr. Connell reported there was a specific issue relating to the existing animated free-standing sign that is located on the southwest corner of this property along I-70, an approximately 65-foot tall sign.  He said the agreement allowed that sign to remain.  He noted that the proposed signage for this corner is in compliance with county regulations.  Mr. Connell said the property owners recognized this development would be considered a shopping center, and were proposing signage in compliance with the shopping center regulations as stated in the sign ordinance, with the exception of a variance for the height of the sign located at the southwest corner of the  property.  He said the sign ordinance would limit it to 30 feet in height and 288 square feet in sign area.  The owners are asking that the sign be allowed to contain 256 square feet and be 45 feet high.  Because this is an I-70 location, Mr. Connell said there are several signs around this one on other properties that are taller than 45 feet.   He believed that is appropriate to allow for visibility from the highway.
    Mr. Janku asked about the northernmost sign, the sign nearest the residential area.  He was wondering, if the property was within the City limits, whether or not a 30 foot sign would be appropriate.   Mr. Connell said the northeast corner of the three acres is still quite a bit south from the intersection of Clark and St. Charles.  He said it is several hundred feet from the nearest residential properties.
    Mrs. Crockett asked if there has been a sign at the southwest corner.  Mr. Connell said historically, there has been a sign at this location.  He thought it was 40 to 45 feet tall at one time.  Of the four signs being discussed, Mr. Connell said there are currently two in existence.
    Mr. Coffman thought it unclear whether or not the animated sign is one of the three allowed in a shopping center.  He asked Mr. Connell if he felt it should not count as a fourth sign.  Mr. Connell said the property owners want to maintain the status of the free-standing animated sign and, in addition, they would like the opportunity to develop three shopping center signs -- all in compliance with the City's sign ordinance, with the exception of the height on the sign located at the southwest corner of the property.
    Tom Mendenhall, 2009 Woodhollow Drive, explained that he is a partner in this venture.  He said this is the first commercial project with respect to the pre-annexation agreements.  He said they are trying to do everything they can to cooperate, and they want to be a good neighbor and work with the County and the City at the same time.
    Mrs. Crockett said she did not like this request, but the applicants do not have the option of presenting this case to the Board of Adjustment.  She is concerned more people may come in requesting variances to the sign height restriction.  However, Mrs. Crockett reported if the Council denies those requests, at least the individuals can still go before the Board of Adjustment --which is not true in this case.  Since the property is along the Interstate, Mrs. Crockett said she is willing to vote in favor of the variance.
    Mr. Coffman said the City made quite an exception in this case in allowing the animated sign.  He is concerned about the precedent for renegotiating these types of agreements.
    Mrs. Crockett pointed out that some day the City would have a shopping center that we would be drawing sales tax from.
    Ms. Coble asked if there was an average sign height for I-70.  The staff was not sure.
    There was a discussion about which signs would be permitted without any vote of the Council.
    Mr. Boeckmann said there are two issues; the original agreement stipulates, except for that provided in Paragraph 4 relating to the animated sign, all development and construction on owner's property shall conform to all City ordinances and standards as though the property were within the City limits.  He said that means the Evans have to follow the sign ordinance.  The only exception is Paragraph 4, which says that, "prior to annexation, owners shall be permitted to replace the free-standing animated sign on owner's property with another free-standing animated sign that does not comply with the provisions of Chapter 23".  He understood that Protective Inspection has taken the position that the sign referred to in Paragraph 4 (the animated sign), is one of the allowed signs for the shopping center.  Because of the roads, Mr. Boeckmann said three signs would be allowed, and the animated sign would be included as one of the signs.  He said the dispute is over whether or not to count that sign.
    Mrs. Crockett suggested that the applicants reduce the total number of signage to three in order for the Council to allow the height variance on one of the three.
    Mr. Coffman asked Mr. Connell which of the two variances was more important.  Mr. Connell said the variance that would allow the construction of a 45-foot sign on the corner was probably more important in the immediate future than the prospect of having four signs on the site.  He said the applicants would be willing to forego the fourth sign.
    Mr. Janku asked if the cost of moving the existing animated sign would be prohibitive.   Mr. Connell said it would be.
    Mrs. Crockett proposed an amendment that the applicant be limited to three signs total, including the animated sign, with a 45 foot height variance for one of the signs.
    Mr. Patterson pointed out that the sign ordinance relating to shopping centers allows one free-standing sign per adjacent street right-of-way.  Currently, there are only two streets, with the third street not having been constructed yet.
    Mr. Boeckmann explained that the language in the proposed amendment reads, "that this sign shall not be counted as one of the three shopping center signs allowed under Chapter 23 of the City Code."  He said the word "three" should be eliminated,  then the issue would be that the animated sign shall either count or not be counted as one of the allowed shopping center signs.
    Mrs. Crockett said she would like to have it read that the animated sign shall not be counted as one of the shopping center signs.
    Mr. Patterson explained that if the Council approves the amendment by changing the wording as described without including the current animated sign, what is proposed on the drawing would be acceptable -- with the exception of the height variance.  He said the three new sign locations are shown on the drawing, with the third one at the northwest corner of the property not being installed until a new street is constructed along the north side of the property.  He said there need not be anything in the agreement that specifically refers to that if the applicants are complying with the City's sign ordinance.  Mr. Patterson explained that the issue in this situation is that if the animated sign is included in the total number of signage, then there would have to be a variance on the number of signs because there is not enough street frontages.  He said the simple thing to do would be to approve the ordinance, as is, and simply eliminate the word "three", and then discuss the height variance.
    Mrs. Crockett made the motion that R236-98 be amended per the amendment to the annexation agreement (Exhibit A), deleting the word "three" from the proposed new Paragraph 4.  The motion was seconded by Ms. Coble and approved unanimously by voice vote.
    The vote on R236-98, as amended, was recorded as follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO: NO ONE.  ABSENT: CAMPBELL, KRUSE.  Resolution declared adopted, reading as follows:

R237-98     Authorizing an option agreement with Ozark Airlines, Inc. to lease space at Columbia
                    Regional Airport.
    The resolution was read by the Clerk.
    Mr. Beck explained that this would provide a one year option for use of the terminal building space that was last used by Lone Star Airlines.  He said the agreement would be contingent upon Ozark receiving proper certification to operate passenger airline service.
    The vote on R237-98 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO: NO ONE.  ABSENT: CAMPBELL, KRUSE.  Resolution declared adopted, reading as follows:

R238-98     Authorizing an airport lease agreement with the Benedek Broadcasting Corporation for
                    the operation and maintenance of a Doppler radar system.
    The resolution was read by the Clerk.
    Mr. Beck explained that Benedek Broadcasting requested to utilize some building space, and to rent part of the second floor of the north terminal building.
    Mr. Patterson commented that the agreement would allow Benedek to install the Doppler radar where the T-1 communications antenna is currently located.  As part of the agreement, they would be responsible for the relocation and attachment of the City's antenna to the Doppler antenna.  Should there be any interference or any other problems, Benedek would remove the Doppler radar.  Mr. Patterson reported staff does not expect that to happen because all of the technical people have said there should not be any interference.  In addition to that, he said they will be renting floor space in an office for the equipment in the building.  The rates to be charged are those set as standard rental rates for any other tenants of the airport.   Mr. Patterson said staff did not foresee any problems, and added that there is every possibility it could improve the weather mapping and transmitting services.
    The vote on R238-98 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO: NO ONE.  ABSENT: CAMPBELL, KRUSE.  Resolution declared adopted, reading as follows:

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

B354-98     Authorizing construction of an 8-inch water main serving Heritage Meadows, Plat 4,
                    payment of differential costs above those to install a 6-inch water main; appropriating
                    funds.
B355-98     Approving a water system Capital Improvement Plan for the area outside the City
                    previously served by Public Water Supply District No. 2; appropriating funds.
B356-98     Accepting an energy recovery grant from the Mid-Missouri Solid Waste District;
                    authorizing a financial assistance agreement with the District; appropriating funds.
B357-98     Accepting the work on Sanitary Sewer District No. 138; approving the engineer's final
                    report; levying and assessing special assessments; appropriating funds.
B358-98     Voluntary annexation of city-owned property located on the north side of Hinkson Creek
                    Road, east of Hinkson Creek; establishing permanent A-1 zoning.
B359-98     Rezoning property located at 1206 East Walnut Street from R-3 to C-2.
B360-98     Rezoning property located between Westwind Drive and Barberry Avenue from A-1 to R-1
                    and from A-1 and R-1 to R-2.
B361-98     Rezoning property located north of Nifong Boulevard and east of Buttonwood Drive from
                    A-1 to C-P.
B362-98     Amending Chapter 29 of the City Code to adopt provisions relating to live adult
                    entertainment businesses.
B363-98     Approving the final plat of Shelter Place Subdivision, Plat 1; granting a variance to the
                    subdivision regulations.
B364-98     Authorizing construction of road, parking and trail improvements at the Cosmopolitan
                    Recreation Area by city forces.
B365-98     Authorizing construction of Oakland Park disc golf course improvements by city forces.
B366-98     Appropriating funds to repay the Designated Loan Fund for money borrowed to construct
                    the cart paths at the municipal golf courses.
B367-98     Appropriating funds for computer equipment and software.
B368-98     Accepting conveyances for sewer, drainage, utility, construction and street purposes.
B369-98     Accepting conveyances for utility purposes.

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

(B)     Mountain Bike Trail in Cosmo Recreation Area.
    Mr. Beck reported after the Commission held public hearings on the subject, they sent a recommendation to the Council regarding the mountain bike trail.  He said the Council then asked the staff to prepare a report that would outline what would be involved in the construction of the trail, and a recommended course of action.  The suggested recommendation is that the City should continue to work on the proposed project, and the Council should instruct staff to prepare a resolution setting a public hearing on the project, and an ordinance authorizing the project to proceed under the terms of a formal agreement between the City of Columbia and the Committee.  Mr. Beck asked the Council if they felt there was enough information to proceed with setting a public hearing.
    Mr. Janku said he had hiked the trail to try to get a sense of where the trail is laid out.   He still had some questions about it, and asked if someone from the staff could be available so the Council could get more direction at the site before taking a final vote.   Given the amount of work that has been done, both by the people proposing to make the contribution to fund the memorial and also by the Parks and Recreation Commission and the staff, Mr. Janku thought it should be set for a public hearing.
    Mr. Janku made the motion that the staff be directed to draft a resolution setting a public hearing on the mountain bike trail.  The motion was seconded by Mr. Coffman.
    Ms. Coble said she is not comfortable to proceed with a public hearing as the Council has not had a chance to sit down with the materials and discuss it as a group.  She said the Council has not had a work session on the topic, and two members are not present this evening.  Mr. Janku said the Council could have a work session before the resolution is adopted.  Ms. Coble said she would feel more comfortable with that.  She understood that the Committee had been working very hard on this for some time, as had the staff and Commission.
    Mayor Hindman asked if the proposed trail area is still flagged.  Mr. Hood said it was, but is not sure all of the flags are still in place.  He said staff could provide a time when the Council could meet at the site to tour the approximate layout of the trail.  Mayor Hindman asked if a decision needed to be made quickly, or whether the winter would allow for more time.  Mr. Hood said the Committee is anxious to move forward on the project, but realistically, they have missed most of the fall construction season.  He said late winter and early spring would probably be the next best window of opportunity for construction.  He said the Council probably has a little time over the next couple of months.  Ideally, Mr. Hood reported the group would like to have a decision as soon as possible so if the project is approved, construction could begin in the late winter or very early spring.
    Mr. Janku requested that the Council be supplied with another packet of public testimony from the previous Parks and Recreation public hearings.
    Mr. Janku suggested the resolution be prepared for introduction at the appropriate time, following a work session on the subject.
    The motion made by Mr. Janku, seconded by Mr. Coffman, was approved unanimously by voice vote.
    Mayor Hindman noted this project would not be funded by the City, and would be a very substantial gift.

(C)     Islamic Center Proposal.
    Mr. Beck said the Council had a public work session on the Islamic Center proposal, and had asked that additional information be obtained -- which is the intention of this report.   He said there are several issues the Council would need to deal with such as the timing of a public hearing, what the sales process should be, the zoning issues, and whether there should be an agreement outlining how the property will ultimately be used.
    Mr. Janku asked what would happen if someone else made an offer on the property.   Mayor Hindman said there had been a ruling that allows the City to sell property to an adjoining land owner on the basis of appraisals.  He did not know what that meant if someone else were to come in and offer to buy it, and did not believe the City is required to open it to bids.  Mr. Beck said that particular ordinance was amended when the Indian Hills property came up for sale.  Mr. Janku asked if the initial decision that has to be made is whether it is in the public interest to sell some or all of the property.  He said once that decision is made, the Council could review the other related issues.  Mayor Hindman thought the only reason the City would sell the property would be for this project.  Mr. Janku asked if the public hearing issue could be narrowed down to that issue.  Mayor Hindman said that is his feeling.
    Ms. Coble did not think the Council had enough answers at this point to be putting everything out in the open.  She said they are still trying to come to an agreement on what is being proposed as a school and a cultural center, and those issues need to be worked out as much as possible to get to the point of being able to introduce a resolution.  Ms. Coble did not agree that the steps listed were all of the steps involved.
    Mr. Coffman asked what Ms. Coble thought the Council should be deciding first.  Ms. Coble said they had a meeting where several points had been identified, and the Council has not had a chance for input to hear what the staff has done since then.  She did not believe the report was reflective of the direction from the Council.
    Mayor Hindman asked if Ms. Coble was suggesting another work session.   Ms. Coble said she was -- then there would be clarity to say what has been agreed upon and what the proposing body has come up with.  She said the Council could then direct the staff to prepare a resolution containing specifics.
    Mr. Janku said he would like some public input, but not just from a work session.  He reported the Council had a good work session and he wanted to move forward with this issue.  He thought the public should be allowed the opportunity to voice their views as well.  Ms. Coble agreed.  Mr. Coffman said he is ready to move forward contingent upon some sort of parking agreement that would recover most of the parking spaces eliminated.  He is still confused about which were the upper and lower lots, and whether or not the plan the Council saw in the work session could be accomplished just by selling the upper lot.  Mr. Coffman felt there is probably a majority sentiment to move forward contingent upon parking.  Ms. Coble proposed the same, but for the language and nature of the findings in the report.  She is not comfortable asking the staff to take the report and draft a resolution.  Ms. Coble realized time is important and agreed the Council should move forward.
    Mr. Janku said the matter of how the issue will proceed seems to be the primary question.  He would like to consider the possibility of selling the upper lot and retaining control of the lower portion until some other long-term issues are resolved.  Eventually, the lot may be turned into green space, but he did not think the City needed to commit to that at this point.  Mr. Janku said he is a little uncomfortable about trying to negotiate an agreement at this time.  He said at some point the property will have to be appraised, and he thought the Islamic Center would welcome knowing what the purchase price is.  Mr. Janku noted the price may impact the Center's decision because he felt it would be a relatively expensive piece of property.
    Mayor Hindman believed public input into whether or not the City should sell the land is necessary.  He stated he had received letters expressing public opposition to the sale.  Ms. Coble said the Islamic Center also has a tremendous amount of support.  Mayor Hindman said that is true as well.  He observed there still needed to be public input on the basic decision, and then the Council would have the authority to approve any deal that is made.  Ms. Coble said she did not dispute that.  Her concern is the process up to that, and at what point the Council would give direction for the content of the drafting.  She is not confident or comfortable, at this point, with having the information presented to the Council by the staff, and this being the basis of some type of resolution.  Ms. Coble did not believe it to be reflective of the discussion the Council has had.
    Mr. Beck said notes were taken at the work session regarding the Council requests, and a report was prepared responsive to the notes.  He had asked at the pre-Council dinner if the report addressed what the Council wanted, or if additional information is still needed.  Mr. Beck reported the sale of the property to the Islamic Center involves rezoning issues because a school cannot be built on the property with the present zoning.  He noted there are actually several issues involved.
    Mayor Hindman suggested that a meeting date be set in the near future that would address the general principle, and the staff can be instructed to negotiate a deal to sell the land -- which would be the basis for the resolution.  He said a public hearing could be held so a decision can be made as to whether the Council even wants to instruct the staff to proceed with the sale.  He said if the Council votes to support the sale, then the staff would work out the details as to how it should be done.  If the Council is not supportive, Mayor Hindman said that would be the end of the issue.  He thought the first question that needed to be answered is whether or not the City is interested in selling the property.
    Ms. Coble said she would prefer the Mayor's suggestion, as opposed to the staff report that recommends a resolution be prepared locking in all details of the entire plan.  She said if the Council is going to proceed, she thought they should go forward with a rather broadly worded resolution that discusses the intent of the City to purchase all or part of the property identified for the purposes of selling it for the construction of a school and cultural center as proposed by the Islamic Center.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

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

BICYCLE/PEDESTRIAN COMMISSION
Ahrens, Gregory T., 1504 Sylvan, Ward 3 - term to expire 7/31/02
Bailey, Krista O., 209 Ruby Lane, Ward 2 - term to expire 7/31/02
Clark, John G., 403 N. Ninth, Ward 1 - term to expire 7/31/02

COMMUNITY DEVELOPMENT COMMISSION
Burnett, Nancy E., 2404 Florida, Ward 3 - term to expire 11/1/01

FINANCE ADVISORY COMMITTEE
Foley, Stewart J., 3501 Wakefield, Ward 5 - term to expire 12/31/01
Stockglausner, William G., 1515 Jake, Ward 4 - term to expire 12/31/01

COMMENTS OF THE COUNCIL, STAFF, AND PUBLIC
    Mayor Hindman made the motion that the Council hold a closed meeting on Monday, November 30, 1998, at 6:00 p.m. to conduct the annual evaluation of the City Clerk.  The motion was seconded by Ms. Coble and approved unanimously by voice vote.
    Ms. Coble remarked that she has received calls regarding the traffic cut-through on Noble Court, off of East Worley.  She explained that it is a quick route around the light at Worley and Garth, and even though the traffic has been slowed down some with the construction on Garth, the residents were wondering if now would be the time to look at posting signs or at traffic calming devices.
    Regarding the corner of Hunt Court and Pershing Road, Ms. Coble said there is a sharp corner with a lot of foliage and trees.  She said people not familiar with the area do not realize they are going to be entering a divided street.  She asked about the possibility of a yield or caution sign warning people about the divided street.   In the same neighborhood, Ms. Coble explained there is a new street named Squirewood.  She said there is a one-lane drive across the divided road of Pershing that is off-center from connecting with Squirewood.  Ms. Coble reported there is a very large tree to the northern side and a small scrub tree to the south.  She asked about the possibility of the one lane being widened.  Ms. Coble said it is obvious there has been a lot of traffic through the area and there are big ditches on either side of the road.
    Ms. Coble explained that there is a strip of land at Pennant and Hunt Court that is behind the property that fronts on Jean Rae Drive.  Apparently, by City regulation, the abutting property owners are responsible for mowing City property.  Ms. Coble reported residents have been told it is their responsibility to mow City-owned property that abuts the back of their lots.  She explained that all of the homes have large wooden fences, which had been a requirement when the subdivision was approved by the City.  She said particular property owners that abut the City owned property, which is just an abandoned roadway, have had to cut holes in their fences to be able to get through (to avoid going three blocks around) to maintain the strip of land that is actually owned by the City.  Ms. Coble is hopeful the staff could do something about the situation.
    Mr. Janku noted that he was pleased to see the construction work begin on Oakland Pool.  He asked about the status of the tennis court improvements.
    As the Central Business District begins to extend outwards, Mr. Janku said there is a question of how it will interface with the nearby residential areas.  He asked for a staff report on what might be possible to deal with some of the concerns about alcohol sales, traffic issues, parking, loud music, etc.  He thought there would be a trend for the Central Business District to expand outward and, because of the nearby residential areas, he said the City would have to figure out something to deal with the issue.   Mr. Janku asked for a staff report.  In addition, he would also like a staff report on the issue of parking in the Central Business District, and the question as to what extent the City may want to regulate parking lots or somehow make it a zoning issue.  Mr. Janku explained this would involve the Council deciding whether or not a surface parking lot would be appropriate in a particular area to avoid a proliferation of such in downtown Columbia.
    Mr. Janku made the motion that the staff be directed to prepare the two reports.  The motion was seconded by Ms. Coble.
    Mayor Hindman asked if these reports are in addition to the issue of looking at the parking needs for the north side of Broadway.  Mr. Janku said it was.  He said this would deal more with the situation when people may want to tear down a building to construct a surface parking lot or something similar.  He said the City would have to determine whether or not it is an appropriate use of the property, like any zoning issue.   Mayor Hindman asked what Mr. Janku meant by the incursion of the Central Business District into residential areas.  Mr. Janku said he did not mean incursion, but as the Central Business District expands, there should be some potential for public input before allowing it.
    The motion made by Mr. Janku, seconded by Ms. Coble, was approved unanimously by voice vote.
    Mrs. Crockett asked whether the City allows a home occupation for car mechanics to work on vehicles in their driveways.  She said there is a situation where that is occurring -- the car being repaired is up on blocks for a couple of months with an expired license and is not covered.   Mrs. Crockett reported when one car is fixed, another one replaces it.  Mr. Patterson said he would look into the situation.
    Mr. Coffman inquired about the status of the Land Use Plan.  He supported the general concept of having less specificity than what has been included in the past.  He asked if the Metro 20/20 Survey was tied into the Land Use Plan in some way.  Mr. Beck said he would get a status report.
    Keith McFeeney, 2601 Northridge Drive, spoke about the live adult entertainment issue.  He praised the Council for increasing the buffer from 500 feet to 750 feet.   He is against the activity completely, but realized the Council cannot ban it.  Mr. McFeeney asked the Council to consider a 1,000 foot buffer from schools, parks, churches and synagogues.  He thought the 750 feet would move these businesses from the right-of-ways in some areas, but they would still be highly concentrated around the Columbia Mall, Home Depot, Cracker Barrel and the Super Wal-Mart Store.
    Audrie Sabel, 3800 Mint Julep, also thanked the Council for their consideration of the 750 foot buffer pertaining to live adult entertainment.  She said 750 feet would still allow these businesses on Smiley Lane and Rangeline Road -- which is very close to the homes in Arcadia, Springdale, Derby Ridge, and the Derby Ridge School, as well as near Parkade School and the Hollywood Theater.  With a 1,000 foot buffer, Ms. Sabel pointed out that would still leave over 300 acres available for these businesses.
    Dan Ruether, 912 S. Glenwood, spoke on behalf of the Rhett's Run Bike Committee.  He explained that this private citizens organization was formed for the purpose of commemorating the life of Rhett Walters.  He urged the Council to support this project.  Mayor Hindman explained this issue will be discussed at a work session in the near future, and after that takes place, a resolution will be drawn up.  Mr. Ruether offered to make himself available for the work session.
    Dee Dokken, 208 Sanford, explained that there are a lot of people who have reservations about the mountain bike trail, mainly because of the environmental impacts.  She said residents are also concerned about the value of this area as a place for hiking, which would be severely reduced by the bike trails.
    The meeting adjourned  at 9:55 p.m.

                                                                                      Respectfully submitted,

                                                                                      Penny St. Romaine
                                                                                      City Clerk