MAY 17, 1999

    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, May 17, 1999, in the Council Chamber of the City of Columbia, Missouri.  The roll was taken with the following results: Council Members JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU and CROCKETT were present.  Member CAMPBELL was absent.  The City Manager, City Counselor, City Clerk, and various Department Heads were also present.

    The minutes of the regular meeting of May 3, 1999, were approved unanimously by voice vote on a motion made by Mrs. Crockett and a second by Mr. John.

    The agenda, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mrs. Crockett and a second by Mr. Janku.

1.     APWA Week Proclamation
    Mayor Hindman welcomed Mary Ellen Klein and Dan Darnell, both members of the Public Works staff, and read the proclamation that proclaimed the week of May 16-22, 1999, as National Public Works Week in the City of Columbia.  He presented them with the framed proclamation and thanked them for the contributions the entire Public Works staff provides to the community.
    Mr. Beck explained that Lowell Patterson, Public Works Director for the City of Columbia, had recently been notified that he had been named as one of ten recipients for the National Public Works Leader of the Year Award.  Mr. Beck noted that the award is an outstanding achievement that is not only a credit to Mr. Patterson, but also to the Public Works Department and to the City of Columbia.  He reminded everyone of the reception in Mr. Patterson's honor this coming Friday.
2.     Community Recreation Center Committee Report
    Naomi Cupp and Greg Steinhoff, Co-Chairs of the Community Recreation Center Committee, summarized the report.  Ms. Cupp explained that this Committee has worked ten months on the Community Recreation Center project.  She said they held a lot of meetings with a wide variety of people from the community and toured facilities in other cities.  Ms. Cupp reported the Committee's mission was to come up with an affordable, desirable indoor recreation center that will meet the needs of a large socio-economic group.  She commented they are hopeful this proposal will be presented to the voters as a single issue item.  Ms. Cupp described the makeup of the Committee.
    Mr. Steinhoff explained the recommendations outlined in the report which included the following:

1)      The recreation center should be operated by the Columbia Parks and Recreation Department.
2)      Programming for the facility should include opportunities for pre-schoolers, elementary age children, teenagers, young adults, and seniors in a safe and secure environment.
3)      The center should be located on the former Boone County Fairgrounds at Clinkscales and Ash.
4)      Public transportation should be made available to the recommended site, which would enable access to the facility from all parts of Columbia.
5)      The operation of the center should be funded by user fees and membership fees that would allow the center to be self-sufficient.
6)      The construction of the center should be publicly funded through a sales tax, with private contributions being pursued for the project.
7)      The center should compliment existing recreational providers in the community.
8)      There should be no specific cost limits until the completion of the design phase.  He noted that other centers in Missouri that have similar components to those being recommended tonight have ranged in price from $8.5 to $11 million.
9)      The Community Rec Center should include an indoor recreational leisure pool with lap lanes, an indoor walking/jogging track, two multi-purpose gyms, a cardio-aerobics fitness area, community rooms, and drop-in child care for those using the center for a short period of time.
10)     A public-private partnership should be fostered for the development and operation of an ice rink facility separate from the Community Recreation Center.  Furthermore, in the development of the master site plan, a portion of the proposed property should be made available to a private developer for such a facility.
11)     A competitive 50-meter pool should not be included in the facility at this time.
12)     The City should consider the needs of the Farmer's Market when developing the master plan for the proposed property.  Mr. Steinhoff indicated the Committee does not recommend that any cost associated with the development of the Farmer's Market be included in this project.
13)     Collaborative efforts with local community organizations and institutions be developed to fully utilize the unique resources of the Community Recreation Center.
14)     The Committee recommended they be allowed to proceed to Phase II for the design of the Community Recreation Center and to continue to receive community input.

    Mr. Steinhoff explained how the Committee arrived at their conclusions.  He reported that they had gone to great lengths to get an idea for what the community wants and does not want in this type of facility.
    Ms. Cupp explained the random telephone survey in which 400 people had been contacted at the request of the consultant.  She highlighted that some of the findings included that at least 60% of the respondents considered the following recreation features as being very important:  a gym for basketball/volleyball, etc., aerobic fitness space, indoor warm water pool, weight room, cardiovascular area, indoor running and walking track, and drop-in child care for users.  The three features respondents would most use were the indoor warm water pool, indoor running/walking track, and the gym for basketball and volleyball.  More than 40% of those surveyed said they would be very likely to use an indoor ice skating facility.  Residents generally think families and teenagers are the two most important groups the center should serve.  More than 80% thought it very important to serve lower income residents.  Nearly two-thirds of those surveyed said that they, or another member of their household, would use a new community center at least once a week.  At Mrs. Crockett's request, Ms. Cupp indicated respondents were asked whether they felt Columbia needed a community recreation center, and almost 90% of the people surveyed said we did.  Ms. Cupp also outlined the benefits to be derived from a center that are defined in the report.
    Mayor Hindman thanked the Committee for the excellent job on the report.  He suggested that the report be placed on the City's web site and that it also be made available at the Library.

1.     Dr. Donald Ray McNeal, Mrs. Mary Ratliff, Rev. Clifton St. James - Proposed ordinance
        prohibiting activities near schools and places of worship.
    Dr. McNeal, Senior Pastor of the Second Missionary Baptist Church, read a prepared statement which he distributed to the Council.  He introduced the governing board of his church, as well as church members that were present.  He also introduced other pastors from churches present in support of the request.  The letter addressed a void in City ordinances concerning schools, churches and other buildings used as places of worship in regards to the sale of alcohol, adult cabarets, and beer gardens where outside bands and/or electronic music are permitted within 200 feet of said parties.  (The entire letter and attachment is on file in the Clerk's office.)
    Reverend Clifford St. James, Pastor of St. Paul A.M.E. Church, said he and his congregation support the Second Baptist Church in this endeavor.  Being affiliated with a church in the downtown area, he indicated his congregation also has concerns in reference to their children and the location of these particular establishments.  He asked the Council to seriously consider the proposed ordinance for the future of the community.
    Mary Ratliff, 211 Park DeVille, spoke on behalf of the NAACP in support of the proposed legislation.  She pointed out that the African-American community has strong feelings about their church buildings and surroundings, as well as their culture and environment.  Ms. Ratliff stated children already have enough things to contend with and if these kinds of activities could be kept away from the church and school settings, the community would be all the better for it.

2.     Anthony Stanton - Missouri Minority Contractors Association
    Mr. Stanton, 315 LaSalle, explained that he is the Executive Director of the Minority Contractors Association in Columbia.  He said their concern is the City's minority participation on publicly funded projects.  Mr. Stanton reported the Association wanted to know the City's policy concerning participation on contracts and sub-contracts, if there is a percentage for women and minorities on the contracts, and who is responsible for addressing the participation of minorities in construction projects and other services being outsourced by the City or other public entities in Columbia.  In addition, he inquired about how contractors are informed about public bids, and whether the method attracts minority contractors.  If that is not the case, Mr. Stanton questioned how the issue would be addressed.
    Mr. Patterson responded the information Mr. Stanton is requesting has been translated into goals as opposed to required percentages.  He said the City mandates good faith effort and periodically receives the directory revisions from the Missouri Department of Transportation for their listing of minority contractors, which the Public Works department uses in the solicitation of proposals.  Mr. Patterson indicated records are being kept.
    Mayor Hindman suggested that Mr. Stanton meet with a representative of the Public Works Department.

B136-99     Calling for bids for the 1999 improvement project at Columbia Regional Airport.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that policies have been in place as to what financial participation the City would have in the way of infrastructure at the airport so that all tenants would be treated equally.
    Mr. Patterson explained this project involves the necessary land site development in order to provide utilities to the Ozark Airline building that will be constructed this year.  He reported the City sewer line would be extended to the property, and a parking lot and an access road would be constructed as well.  Mr. Patterson pointed out that the access road will also be used by other tenants.  He noted funding will primarily come from a Community Development Block Grant program with the state.  The cost for the project is estimated to be $286,500, with approximately $76,500 to be paid from City funds.  Mr. Patterson indicated the project, if approved, will begin in the very near future with an expected August completion date to coincide with the opening of Ozark Airlines.
    Mr. Janku asked about the reference to public parking in the report and whether it would be another paid lot.  Mr. Patterson said it would not.  He explained that public parking generally means that it is open to public use at the airport.  Mr. Patterson noted there is public parking by Airborne Express that is not metered.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B136-99 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO:  NO ONE.   ABSENT: CAMPBELL.  Bill declared enacted, reading as follows:

B139-99     Rezoning property located on the west side of Keene Street, between Berrywood Drive
                    and Lansing Avenue, from C-1 to C-P; approving a C-P Development Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck said the request on this 8.8 acre tract of land was recommended for approval by the Planning and Zoning Commission as well as by the staff.
    Mr. Janku asked about the wall signs and where they would be located on the building.  Mr. Hancock believed that to be a maximum of 64 square feet on the side that faces either Keene Street or the local non-residential cul-de-sac.  He also believed that to be the same for the portion of the buildings that face 63; however, that could be enlarged depending upon how far back a particular portion of the building may be from the right of way line.  Mr. Hancock indicated it would be governed by the setback of the particular wall upon which the sign would be placed.  Mr. Janku asked if that needed to be specified in the plan.  Mr. Hancock said the plan simply specifies that signage would be subject to C-1 requirements.  Given that 63 is considered a freeway, the wall signage would be 128 square feet minimum, and two square feet could be added for each foot of setback.
    Mrs. Crockett asked about overhead power lines.  She noted the lines to the south of this tract were buried and she wondered if the Council could require that in this instance as well.  Mr. Hancock commented he did not know if the lines could be buried and the Water and Light Department would have to determine that.  Mr. Malon reported any power lines that are currently along the outside edge of the road will remain overhead, but when new construction occurs, the City puts in an underground drop-in and the primary is run across the property instead of a transformer along the building.  He explained that is their approach with any commercial establishment.  Mrs. Crockett asked about the Mayes building where the lines were buried.  Mr. Malon said he remembered that being a cost sharing venture by the developer.  Mrs. Crockett questioned whether that could be required on this development.  Mr. Malon said he did not know if it could be required and added that an arrangement had been worked out with Mr. Mayes, at his request, through some negotiating.  Mr. Janku noted that Mr. Mayes initiated it.  Mr. Malon said if the applicant is willing to participate in cost sharing, it could be done.  Mrs. Crockett said since it was started on the east side, she thought it would be appropriate to continue it.  Mr. Malon reported if it involves a standard distribution line it could be done.
    Mayor Hindman opened the public hearing.
    Tom Schneider, an attorney with offices at 11 N. Seventh Street, spoke on behalf of the contract purchaser, Bob Potel.  He said Mr. Potel, originally from Herman, Missouri, is experienced in the hotel industry and owns approximately 20 hotels in seven states.  He said this is a planned development so the contractor and project engineer are both present to answer any technical questions.  From the land use standpoint, Mr. Schneider said they would simply be adding one use to the existing C-1 use, namely hotels.  He noted the staff report indicated that in 1984, the Planning and Zoning Commission recommended approval for a C-3 zone, but for some reason it was not pursued.  He thought perhaps a deal fell through.  Although only one proposed use would be added, Mr. Schneider explained the entire 8.81 acres would be brought under the development plan procedure.  He thought that was a gain for the neighbors as well as for the community.
    Mr. Schneider outlined the current proposal is to develop the back two lots, one for an extended stay hotel and the other would be a more conventional hotel.  In the future, when the front two lots are developed, the "then owner" would have to come before the Council again for a new development plan approval.  The design parameters include the maximum height of the buildings would be 45 feet, the minimum amount of open space would be 16%, and the landscaping would be 16%.  In respect to signage, there would be two pole signs (which meet C-1 requirements) as close to the west boundary as feasible, and a monument sign at Keene Street that they believed is essential as the hotels will not have frontage on Keene Street.
    Mr. Schneider circulated a chart from the Convention and Visitors Bureau.  He noted there have been media reports indicating that this development would result in the saturation of the local hotel scene.  He again noted Mr.  Potel's experience in the field and said he did not think anyone needed to be concerned about looking out for his interests.  Mr. Schneider thought it obvious that the zoning ordinances are not intended for economic regulation, and it would be an improper application to do so.  He also noted that one of the hotels is an extended stay hotel -- not in the same market as the Best Westerns and the Holiday Inns, etc.
    Mr. Schneider reported there had been two conditions recommended in the staff report relating to sidewalks and landscaping, both of which have been complied with.  He pointed out that had been verified at the public hearing before the Planning and Zoning Commission.
    Mr. Janku asked how many rooms are being proposed.  Mr. Schneider believed there would be 81 rooms in the extended stay facility, and the plan shows 81 in the more traditional hotel.  Mr. Janku asked if there was a common parking lot for the two facilities.  In affect, Mr. Schneider said there would be two lots between the facilities which could be shared.  He said there is also a smaller lot in front of the southernmost facility.  Mr. Hancock pointed out that the staff report indicates that 174 parking spaces are shown for the two hotels, while the ordinance only requires 172.
    Mayor Hindman asked about the wall signage and if there would be pole signs.  The project engineer, Dan Brush, replied there would be pole signs.  He noted the signage would comply with C-1 zoning requirements, except for the hotel requirement for an additional pole sign.  Mayor Hindman asked if C-1 zoning allows an extra pole sign.  Mr. Brush said it would not.  Mayor Hindman thought the monument sign looked great, but the other signs did not.   Mr. Hancock explained that each business could have one free-standing sign, and wall signage would be based on the building's orientation to streets.
    Mr. Janku asked about the monument sign.  Mr. Hancock said the monument sign would now be classified as an off-premise sign.  He explained that the original plan showed two tier lots in the back with the only access being by driveways.  He said staff suggested the applicant put in a public street to provide better access, and knowing the trade-off would be a monument sign, he felt that was acceptable.
    Mr. Janku wondered about the undergrounding of utilities.  Mrs. Crockett asked Mr. Butcher, the developer, if he would be interested in sharing the cost of burying the power lines rather than having the overhead lines.  Mr. Butcher said that was something they could look at, but added that they do not understand the need for it at this time because it would not affect the project.  He commented if it is being suggested for the beautification of Highway 63, they could take a look into it.  Mrs. Crockett suggested that Mr. Butcher look at the Mayes property to see what a difference it has made to bury the lines.  Mr. Butcher said they could probably work with the City toward an agreement as long as it would be enforced going back to the south, which he said would help present their property.  He indicated he would have to see actual costs before committing to anything.  Mrs. Crockett asked Mr. Malon if he would work with Mr. Butcher in coming up with some cost estimates.  Mr. Malon said he would be happy to.
    Mr. Janku asked Mr. Butcher if he knew anything about the size of the wall signs.  Mr. Butcher explained they would have to apply for a permit before the signs could be erected.  He believed the concern could be worked out by that time.  Mr. Butcher reported they are not looking at gaudy signs on this project, just some kind of identification.  He commented they do believe that two pylon signs are necessary (one for each project), and a small identification sign facing to the west and one facing to the east for people coming off of Keene Street.
    Mayor Hindman closed the public hearing.
    Mayor Hindman said there has been some interesting discussion about the possibility of burying the power lines and what exactly the signage would be.  He noted if the Council approves the plan as is, they would be in a totally unenforceable position.  Mayor Hindman indicated the Council could continue this hearing to another meeting.
    Mr. Janku said he had no problem with the rezoning for the hotels.  He has a lot of questions about the signage, but said he liked the monument signage.  He was not certain about the need for two separate pole signs as there would be a shared parking lot.  Mr. Janku felt there needs to be more definition as to what the wall signage is going to be since it would be significant along 63.  He noted the signage along the west side is pretty good and wanted to assure a good looking stretch on both sides.  Mr. Janku commented he would like to receive more information.
    Mr. John reported even though the Council does not know what size or colors the signs will be, they will still comply with the C-1 ordinance, not the C-3.  In addition, he noted the height and square footage of the signage is shown on the plans.  Mr. John observed there was a debate during the Planning and Zoning Commission meeting about the need for the pole signs, and it had been explained the signs are necessary because these are two different businesses.  He reported this plan gives the City more control than they usually have in relation to landscaping, the layout of the site, and the height of the buildings and signs.  Mr. John hated to see the Council micro-manage it.  He believed people do not chose to use C-P and O-P plans for that very reason because they bend to the rules, and then each time the Council comes up with more things to be added to the plan.  He did not like the incremental adding to the planning process.  As far as the power lines, Mr. John said as long as the developer and the Water and Light people come up with a plan they both want to work for, that was fine.  However, if they want to have power lines in front of their buildings that the City already put up, let them build their building by our power lines.  Mr. John indicated he was going to vote in favor of the plan, as is.
    Mrs. Crockett agreed with Mr. John.  She said the only reason she brought up the power line issue was because it is buried south of the site.  She felt it would be to the benefit of the owner to bury them, but if he did not want to share the cost, he did not have to.  Mrs. Crockett could not see holding up this plan for that particular issue.  She reported the Council is always telling people they prefer planned developments, and then when someone brings one in, they try to tell them further what else it is they need to do when the plan already complies with the ordinance.  Mrs. Crockett stated she would support the plan and would not vote to table this issue.
    Because of the nature of the site, Mr. Coffman said he understood the need for two signs, but hated to see them go ahead with the overhead lines when there is an opportunity to address that issue.  He said the City may never have another opportunity to have these line undergrounded.  Mrs. Crockett reported there is nothing in place to require the applicant to underground the lines.  Mr. Coffman said the nature of the C-P zoning is that the Council reviews things and makes recommendations.  Mrs. Crockett noted the cost involved in undergrounding utilities, and the Council could only hope the applicant would do that.
    Regarding the power lines, Mayor Hindman said this is an example of why the Council needed to review the existing policies.  He thought more and more business people are seeing it as a good investment.  Without a policy, Mayor Hindman did not see how the Council could ask anyone to bury power lines.
    B139-99 was given third reading with the vote recorded as follows:  VOTING YES:  JOHN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO: COFFMAN.  ABSENT:  CAMPBELL.  Bill declared enacted, reading as follows:

B140-99     Rezoning property located north of West Broadway, along both sides of Silvey Lane;
                    Tract A from R-2 to R-1, Tract B from R-1 to R-3.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that Tract A is a 4.1 acre tract with a request to rezone from R-2 to R-1, and Tract B is a 4.93 acre tract with a request to rezone from R-1 to R-3.  Both the Commission and the staff recommended approval of the request.
    Mayor Hindman opened the public hearing.
    Bruce Beckett, an attorney with offices at 901 E. Broadway, spoke on behalf of the applicants, Tom and Linda Atkins.  He introduced their son, Scott, who is the developer of Smithton Ridge Plat 1 located at the northwest corner of Silvey and Broadway.
    Mr. Beckett outlined the history of the property.  He explained that the widening of West Broadway precipitated the Atkins family development of their home place into the first subdivision plat.  Since the development of that tract, they have made a much more significant investment in the neighborhood by buying three additional tracts of land from the Silvey family.  Mr. Beckett reported the north tract, which is 65 acres, includes the 4.05 acres (Tract A) where the request is to down zone from R-2 to R-1.  In addition, the Atkins' also purchased an 18.12 acre tract (the Broadway tract), which is presently split-zoned with 13.19 acres being zoned R-3 and 4.93 acres zoned R-1.  The request is to rezone the R-1 portion to make it compatible with the R-3.
    Mr. Beckett noted that Smithton Ridge Plat 1 is a very high quality single family residential subdivision with a nice entrance and large lots with substantial efforts having been made to preserve tree cover in the area.  Their reason for wanting to rezone the 4.05 acres presently zoned R-2 is to carry the development up into the east 48 acres of the northern tract they purchased.  He said they want the lots to be compatible and R-2 is not compatible, therefore, the reason for the request to down zone to R-1.  Mr. Beckett explained that there is a subdivision plat up before the Planning and Zoning Commission Thursday evening, about 96 lots on 48 acres, which is roughly the same density that is on Smithton Ridge, Plat 1.
    In addition, Mr. Beckett reported the Atkins' did not feel that the strip of R-1 is appropriate for Tract B (the Broadway tract).  He said the only way to develop it as it is zoned now is to put an interior street down the dividing line between the two zoning districts, which would mean about 20 small lots in the R-1, right across the street from an apartment complex.  In this scenario, they did not believe the lots could be marketed for quite as much and the houses would not be as nice as the ones in the other area.  Therefore, Mr. Beckett indicated the Atkins' thought it best to develop Tract B as a cohesive and self-contained R-3 development for the entire parcel of property.
    Mr. Beckett explained that the Atkins family owns all of the developable property between Broadway and the northern terminus of the improved portions of Silvey, except for a small six or seven acre tract of land on the corner owned by Dr. Flynn.  He said the Atkins family would not be developing something that would diminish the value of the rest of the neighborhood.
    Mr. Beckett stated that the Atkins family has a proven track record in the neighborhood, and added that they are not maximizing densities either in Smithton Ridge Plat 1, nor would they be doing so in Plat 2.  He commented they felt there are adequate controls that do not require anything other than an open R-3 zone for the four remaining acres of the 18 acre tract yet to be zoned.  Mr. Beckett explained that Scott Atkins had contacted owners in the area and they had no objections, nor did the two neighborhood associations in the area or the Benedictine Sisters.  He noted the only person voicing an objection was Dr. Flynn.
    Tom Schneider, an attorney with offices at 11 N. Seventh Street, spoke on behalf of Dr. Timothy Flynn, the owner of the tract zoned R-1 located at the intersection of Broadway and Silvey Street.  He reported Dr. Flynn's property would be surrounded by the proposed R-3 zoning described as Tract B.  Mr. Schneider explained that Dr. Flynn has two concerns; one is that he is a non-resident land owner (he is a physician in New Orleans) and the five acres that are now wooded with a stream running through it is what the law calls an attractive nuisance.  He said it would be a playground for every kid in the neighborhood and Dr. Flynn would have no way of policing it.  By rezoning the adjacent tract to R-3, Dr. Flynn is concerned that his exposure will triple.  His biggest concern is that the applicant recognizes on the west side of Silvey Street it is undesirable to have R-3 or R-2 zoning abutting a residential development or single family residential development.  Mr. Schneider maintained the applicant's solution to that is to simply move the R-3 development adjacent to Dr. Flynn's property to make it his problem, thereby eliminating what is his existing R-1 buffer.  Mr. Schneider reported Dr. Flynn has no objection to the down zoning on the west side, Tract A, but does object to the request on Tract B.
    Regarding Dr. Flynn's concern about liability, Mr. Beckett said the property has been unattended and unfenced since West Broadway was extended.  He noted Dr. Flynn's property is on a four-lane major thoroughfare and suggested that the tract is probably not appropriate for an R-1 use.  In reference to a buffer, Mr. Beckett reported there is nothing to buffer as the property is totally unused.  He commented if a buffer is required, it would be supplied by the subdivision regulations.  In addition, the 25-foot rear yard setback required on an R-3 subdivision is designed to create a buffer.
    Mayor Hindman closed the public hearing.
    Given the fact that R-3 already exists at this location, Mr. Janku did not see this as a major change in the situation.  He said he would support the request.
    Mayor Hindman said he too would support the request.  He felt it was a good place for an R-3 development.
    Mr. John said he would also vote in favor of this rezoning application as he would support a request for R-3 from the R-1 property owner.
    Mrs. Crockett said she saw no problem with this request whatsoever.
    Mr. Coffman noted a discussion at the Planning and Zoning level about the need for a good park facility in the area.  Mr. Janku pointed out that there was money in the last ballot issue for a park in the area.  He was hopeful progress would be made soon.
    B140-99 was given third reading with the vote recorded as follows:  VOTING YES:  JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO: NO ONE.  ABSENT:  CAMPBELL.  Bill declared enacted, reading as follows:

B142-99     Calling for bids for the construction of water main along Roger Wilson Drive (Phase 2)
                    connecting to old PWSD #1 system.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that when the City merged with Water District #1, it was agreed that we would provide three connections.  He said two have been made and this line will be part of the third connection.  Mr. Beck related the good news is that as the City installs water mains in this area, it will benefit the residents of Prathersville, the Boone County Jail, the National Guard Armory, and other entities that have had to rely on pumping systems to provide adequate pressure.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B142-99 was given third reading with the vote recorded as follows:  VOTING YES:  JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO: NO ONE.  ABSENT: CAMPBELL.  Bill declared enacted, reading as follows:

B135-99     Authorizing a municipal agreement with the Missouri Highway & Transportation
                    Commission for improvements to Route AC; appropriating and transferring funds.
    The bill was given second reading by the Clerk.
    Mr. Beck pointed out that this is an agreement that is commonplace on most urban highways built by MoDot in the City of Columbia.  He noted this is probably the last opportunity the Council will have to express input into what will be designed, bid and constructed.  Mr. Beck related as the Council is aware, there has been a citizens committee working with MoDot, in addition to staff members from the Public Works and Water and Light departments.
    Mr. Beck explained under this agreement, the City's cost for improvements to the roadway will be $1,163,348,00.  This does not include the line work being done by the Water and Light Department.  All utility costs will be in addition to the roadway cost.  Mr. Beck noted that the project will not provide sidewalks on both sides of AC from end to end.  He said the area that is undeveloped would be built at a later date by the developer.
    Mayor Hindman asked if the grading would be provided.  Mr. Patterson said the roadway template behind the curb section provides a ten foot area for grading.  He stated the City would provide the base grading, but the developer would have to do the fine grading and put the sidewalks in.
    Regarding the $502,629.96 (Old 63/Bearfield connection), Mr. Beck said that was Phase II of Old 63, with the first phase having taken the project to the top of the hill.  He noted there will be a traffic circle between the intersection of 63 and AC.  Mr. Beck reported that money was budgeted for that section of work.  Among the other amounts listed for the roadway improvements was funding for contractor mobilization, which is the cost for bringing equipment to the project site -- the start-up cost.
    Mr. Beck indicated there is funds budgeted for the Grindstone street improvements.  The report had indicated they would not be doing Grindstone because those funds would be going to the AC project.  He said there was also money in a previous ballot issue for Old 63, which was not spent on the first phase because the City was waiting for the alignment of AC to be determined.  He said that money is available for this phase of 63.
    Mr. Beck reported an area of contention between the City staff, the District staff, the main office of MoDot, and the citizens committee pertains to the roadway connection next to US 63, where old AC connects to 63.  The way Mr. Beck understood it, the District Highway designers devised it so that connection would not occur.  He thought the main office has required that the opening be authorized.  The location was displayed on the map and Mr. Beck pointed out how close it is from the ramp going down 63.  He said the staff and the committee felt that was a potential problem.
    Mr. Beck reported the question this evening is whether or not the Council is ready to vote for approval of the urban agreement, or whether there should be further discussion with the MoDot central office as to leaving the roadway connection open.  He did not know if it would be changed, but thought the City should have on record the fact that we are concerned about the roadway being open.  Mr. Beck explained as objections arose pertaining to the Route PP, US 63 and I-70 projects, he was not sure there was a good paper trail protesting to some of the things that have been done in the past by MoDot.  In this case, he reported the City has the opportunity to try to assure there are the least number of traffic problems as possible for the future.
    Mr. Patterson commented that the Highway Department had originally planned to close off old Route AC, at the southern edge of their limited access right of way, to about 200 feet south of the existing Old 63 entrance.  He explained that the property is all zoned C-2 and if it were shut off at the north end, it would have to develop with access on Ponderosa and Old 63.  Mr. Patterson stated that would naturally keep traffic away from the congested intersection.  With the present configuration, it would allow the entire C-3 area to develop to a very high density with access to the north at the location where traffic is already congested.  Mr. Patterson related that is why staff preferred the original design because it would have denied access to the north end and development would have to occur to the south.   He said there is no good solution because the infrastructure is not going to be adequate, but staff felt the impact would be much worse if the traffic was put at the intersection of 63 and AC.
    The other concern related to the limited opportunity to make long-term improvements at the intersection that would allow for ramp work and traffic loops to create the right turn movements and eliminate left turn movements on Route AC.  By allowing this to develop, Mr. Patterson noted it would certainly eliminate the opportunity to expand the interchange and to have the ramps in place.  Mr. Patterson indicated staff also believes that if it is left as is, and there is access at the end of the cul-de-sac, it would be for both entrance and exit.  With the potential development of the property, access would most certainly be sought on Ponderosa.  Mr. Patterson stated staff felt that would encourage cut-through traffic, which would further congest the intersection.   Mr. Patterson reported he did not know if any amendments could be made to the design at this point because it seemed to be pretty far advanced.  He explained if the design is approved as shown, staff should immediately begin trying to address the intersection.
    Mr. Beck felt every possibility should be explored in relation to this intersection, not just in the next three years, but the next five to ten years as well.  He reported the City should not allow the same mistakes as has occurred at 63 and I-70.  Mr. Beck had pointed out earlier that some alternatives for relieving the congestion was parallel roads, such as LeMone connected to 740.  He noted that would allow the interchange to be better utilized and keep people off of 63 and out of this particular intersection.  To have the entire intersection surrounded by a lot of development made Mr. Beck wonder how carefully things have been thought through.  He is concerned about where the project is headed.
    Mr. Janku said the reason the original alternative was selected was to avoid this nasty interchange problem.  He said the public looks at various intersections and interchanges and wonders how those kinds of things were allowed to happen.  Mr. Janku thought the Council should make their concerns known to MoDot, and it was time to make a tough decision.
    Mayor Hindman agreed.  He did not want to be responsible for allowing another awful intersection to be developed.  Mayor Hindman asked if signing the agreement would add to or take away any leverage the City might have with respect to the project.  As he saw it, Mr. Beck said the agreement is part of the AC Urban Agreement design.  Mr. Beck would like to have Mr. Patterson talk further with MoDot to obtain a better understanding of the situation.  He noted there may be additional costs to the City to do so, but thought it might be worth it.
    Mr. Patterson reported the agreement, if approved by Council this evening, would allow the Highway Department to make the connections to public streets or City streets.  That meant the City would not be able to prevent the connection shown.
    Mr. Beck asked Mr. Patterson if there would be a problem if the Council were to delay the vote on this issue until the next meeting.  Mr. Patterson indicated from a practical standpoint, he could not see where it would cause a problem because the contract award is optimistically scheduled for next March.
    Mr. Coffman agreed the Council should wait on the vote.
    Greg Ahrens, 1504 Sylvan Lane, Vice-Chair of the Bicycle and Pedestrian Commission, said the planning process allowed a lot of input, which resulted in a recommendation for accommodations for pedestrian and bicycle safety.  He was hopeful that recommendation would be followed.
    John Clark, 403 N. Ninth, said these kinds of large roads tends to put the communities on either side of them at great distance from each other, unless there is enough adequate attention paid to getting across them.  In addition to the bike lanes and sidewalks, he was hopeful there will be adequate crossings in place.
    Mr. John commented that the Highway Department has a design parameter that does not permit streets or breaks in access closer than 700 feet when designing a new road.  He noted in this instance it is much closer than that.  When anyone else is wanting to do anything near a state highway, Mr. John observed MoDot is very strict about it, but when they want to do something, they can look past their own rules and regulations.  He said this alignment was chosen to save money, and now there is every indication it will cost more money because the area will be disconnected.  Mr. John believed that was faulty planning and needed to be re-examined per safety requirements.  Regarding the sidewalks, bicycle paths, striping for bicycle lanes and the landscaped median, Mr. John said $500,000 was a lot of money to spend on a four-lane highway.  Mr. John noted these decisions were made before he was elected to the Council so he could not object to them, but the list of priorities seems out of focus when it is reported there is not enough funding in place for a fire station or for more police on the street.  He understood the need for bicycle lanes and sidewalks, but was not sure he understood how necessary they are on a high speed four-lane expressway.  Mr. John said it was not a safe place to be biking or walking, especially when Nifong is located a couple of hundred feet away and has the right of way and existing width.  He thought it would be a gentle road as far as traffic, and would be more appropriate for bicyclists and pedestrians.  Mr. John noted the plan actually confirmed that.
    Mr. Janku pointed out that a public park has just been opened where the sidewalk will be.  He noted the park was planned long before this project.  Mr. Janku reported the City would have been installing sidewalks in this location anyway.  He said it is really not a new cost to the City to have sidewalks along the road.  Mr. Janku observed it was true the median has been added to the project, which is different from what has been done in the past.  Mrs. Crockett noted that it was a $313,000 difference.  Mayor Hindman observed that is only about three per cent of the project's total cost.
    Mr. Janku made the motion that B135-99 be tabled to the June 7, 1999, meeting.  He further motioned that the staff explain the City's position with respect to the connection at AC and US 63.  The motion was seconded by Ms. Crayton and approved unanimously by voice vote.

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

B134-99     Accepting various easements for sewer, drainage, construction and road access
B137-99     Confirming the contract of Hall & Riley Paving Company, Inc. for the installation of traffic
                    signals at the intersection of Nifong and Bethel.
B138-99     Approving the final plat of Arcadia, Plat 5; authorizing a performance contract.
B141-99     Vacating a utility easement within Heritage Meadows, Plat 5.
B143-99     Confirming the contract of J.C. Industries, Inc. for the construction of a water main along
                    St. Charles Road.
B144-99     Authorizing the water interconnect and purchase agreement with Consolidated Public
                    Water Service District #1.
B145-99     Accepting a grant of easement for utility purposes from The Corporation of the Episcopal
                    Diocese of Missouri.
B146-99     Accepting various easements for water and electric purposes.
R93-99       Setting a public hearing:  voluntary annexation of property located within the proposed
                    plat of Stoneridge Estates, Plat 3.
R94-99       Setting a public hearing:  renovation and improvements to Worley Street Park.
R95-99      Authorizing an extension to the contract with ChildCare Connection of Missouri, Inc.

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

R96-99     Authorizing an agreement with Boone County to provide cooperative health care to
                  citizens of Columbia and Boone County.
    The resolution was read by the Clerk.
    Mr. Beck explained that this is an annual agreement with Boone County regarding health services.  He said the program was included in the budget and this would merely formalize the agreement.
    The vote on R96-99 was recorded as follows:  VOTING YES:  JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT.  VOTING NO:  NO ONE.  ABSENT:  CAMPBELL.  Resolution declared adopted, reading as follows:

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

B150-99     Accepting an easement for water utility purposes; approving engineer's report and
                    authorizing payment of differential costs for water main serving the Woodhaven Learning
B151-99     Accepting deed of dedication for water purposes; approving engineer's report; and
                    authorizing payment of differential costs for water main serving Liberty Square, Block 3.
B152-99     Confirming the contract for the Route B water main relocation project; appropriating
B153-99     Confirming the contract for construction of a water main serving Gregory Heights.
B154-99     Accepting easements for utility purposes.
B155-99     Amending Chapter 27 of the code to establish an interruptible service rate.
B156-99     Vacating a portion of a utility easement located along the east side of Providence Village
                    South Subdivision, Plat 1-B.
B157-99     Vacating a portion of a utility easement located along the east side of Providence Village
                    South Subdivision, Plat 1-C.
B158-99     Establishing permanent R-1 zoning on property located on the north side of Smith Drive,
                    approximately 1,200 feet west of Stone Valley Parkway.
B159-99     Approving a replat of lots 1 and 2 of Hugh M. Hall's Subdivision of N.W. Wilson's Addition;
                    granting a variance to the subdivision regulations.
B160-99     Approving the change of the street names of Bridgeport Drive and Gloucester Lane to
                    Baurichter Drive.
B161-99     Approving the final plat of Broadway Oaks, Plat 1; authorizing a performance contract.
B162-99     Approving a replat of part of lot 22 of Northland Acres Subdivision; authorizing a
                    performance contract.
B163-99     Authorizing an agreement with the Department of Transportation for a Federal Transit
                    Administration grant.
B164-99     Authorizing acquisition of land for a compactor site in the alley located adjacent to the
                    Eighth and Cherry parking structure.
B165-99     Authorizing right-of-use permits for the construction of the Hinkson Creek Trail Phase II
                    project and the University of Missouri's Hinkson Creek Trail Phase I project.
B166-99     Approving Change Order No. 1 to the contract with J.C. Industries for the Oakland Gravel
                    Road project.
B167-99     Calling for bids for the renovation and improvements to Worley Street Park.
B168-99     Authorizing an agreement with Boone County for animal control services.

A)     Extension of Brown School Road from Roger Wilson Memorial Drive west approximately 2,600
    Mr. Beck noted that this is part of a major road project in north Columbia.  He said the project is estimated at approximately $400,000, and$145,000 would be paid for by tax bills.
    Mr. Patterson said this was being done in accordance with the City's tax billing policies for collector streets within the developing subdivision.  He noted the City would be paying the extra width and thickness costs above that of a local residential street.
    Mr. Janku asked how wide the street would be.  Mr. Patterson reported as this is an arterial street, it would probably be 38 feet in width.  Mr. Janku thought something less could be explored given the City is picking up the extra costs.  Mrs. Crockett said the street needed the width because it would be carrying heavy trucks.  Mr. Patterson said staff looked at it on the Major Thoroughfare Plan as an alternative to the heavy traffic that is currently going down and across Smiley Lane.  He indicated staff would urge that it be built to proper arterial dimensions.
    Mr. Beck suggested that at the public hearing, the project be initially designed very minimally in regards to width, bike lanes, sidewalks, etc.  He noted that at the Council Retreat, he had intended to discuss the street width issue.  Mr. Beck reported the City needed to establish street standards so the property owners can be told up front what to expect.
    Mr. Janku made the motion that the staff be directed to proceed with the necessary documents to hold a public hearing concerning the project.  The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.

B)     Request to Revise MR Zoning District
    Mr. Hancock explained that the owner of Missouri Book Services is contemplating some modifications to the building, and the architect noticed several problematic portions of the M-R zoning district, not just related to one project, but to any project that might come in.  He noted the architect had written a letter and he wanted to pass it along to the Council with the suggestion that it be referred to the Planning and Zoning Commission for consideration and a possible ordinance amendment.
    Mayor Hindman made the motion that the letter be referred to the Planning and Zoning Commission for their consideration and report back to the Council.  The motion was seconded by Mr. Janku and approved unanimously by  voice vote.

C)     Street Closure Requests
    Mrs. Crockett made the motion that the requests be approved as submitted.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

D)     Transfer of Funds Request
    Report accepted.

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

Michael A. Holden, 2200A Bushnell, Ward 6 - term to expire 11/1/00

Dale A. Whitman, 2505 Black Cherry Ct., Ward 6 - term to expire 5/16/03

Scott Cristal, 10650 Vikings Lane, County - term to expire 4/1/02

Janice V. DeHart, 3413 Wakefield, Ward 5 - term to expire 6/15/02 (K)
Paul T. Land, 2005 Robin Terrace, Ward 4 - term to expire 6/15/02 (Bus)
Brenda Logan, 901 Jefferson, Ward 1 - term to expire 6/15/02 (D)
Christy M. Welliver, 184 W. Green Meadows, Ward 5 - term to expire 6/15/02 (D)

Norman J. Lenhardt, 1118 St. Christopher, Ward 4 - term to expire 6/1/02
Bruce A. Wilson, 401 Cumberland, Ward 5 - term to expire 6/1/02

Fred J. Parry, 120 Meadow Lane, Ward 1 - term to expire 5/31/03 (MAYOR'S APPT)

Ann M. Gowans, 701 Redbud Lane, Ward 4 - term to expire 5/31/02
Larry R. Hine, 2505 Primrose, Ward 2 - term to expire 5/31/02

Philip J. Clithero, 4208 Wappel, Ward 4 - term to expire 5/31/01
Paul D. Watson, 3910 N. Locust Grove Church, County - term to expire 5/31/01

    Mayor Hindman made the motion that the Council authorize the staff to proceed with Phase II of the Recreation Center issue.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. Coffman explained that he had received a report regarding the status of various street lights in the Bluff Creek neighborhood.  He thanked the staff for the report.
    Mr. Coffman noted that he had received a complaint from someone who had a nasty collision with a dog while on the MKT Trail in the Twin Lakes area.  He said they wondered if anything could be done, i.e., signage.  He asked the staff to look into the situation.  Mayor Hindman said it should be made clear that it is illegal for an owner to allow a dog to be on the trail without a leash.  In the event that should happen, he observed the owner would be in violation of the leash law.
    Mr. Coffman said it had been brought to his attention that there has been some work around the intersection of Sixth and Elm where the bricks have been taken up in order to work on a project.  He said the question was whether or not the bricks could be put back.  Mrs. Crockett said she too had received a call about the same thing.  She noted this is a University project.  Mr. Patterson said the University is doing it under a right of use permit with the City.  He explained they do try to salvage the bricks, but unfortunately, a lot of them get broken during excavation.  Mr. Patterson reported when new bricks have to be used, they are mixed with the old bricks.
    Regarding Hollywood Theatres, Mr. Coffman said the neighborhood is concerned about the Star Wars movie opening up Wednesday and the possibility of traffic being so heavy that residents could not get out.  He had been contacted by a doctor who is on-call in the evenings, and he was worried he might not be able to get out in time.  Mr. Coffman indicated had talked to theatre representatives and they told him they were hoping to hire police to work Friday and Saturday nights.  He asked Chief Botsford if that was the case.  Chief Botsford said he knew it had been advertised, but was not sure.  He would check into it and let him know.
    Ms. Crayton noted several of her constituents had been present earlier to voice their opinion about zoning near a church.  She reported she is in support of their effort.
    Ms. Crayton said she had received a letter from a neighborhood association wanting to consider down zoning property located at Garth and Sexton.  She said they would like it down zoned to a PUD.  Mr. Hancock said a report had been made on that several weeks ago which described the process.  The final report declined to pursue the zoning.  Mr. Hancock stated he would forward Ms. Crayton a copy of the report.
    In terms of the process for PUD zoning, Mr. Janku asked if something were to be rezoned to PUD, whether the process would be any slower than a down zoning to R-2 or R-3.  Mr. Hancock said the City requires more design parameters which would take more time.
    Ms. Crayton stated that she wanted to have a neighborhood clean-up after school is out so the kids in the community could get involved.  Mr. Patterson explained that the Solid Waste Division works with neighborhood groups on clean-ups, and the City provides bags and set off containers for the pick-up.  He said staff could coordinate this project with whomever Ms. Crayton wanted them to.  Mr. Patterson stated he would have one of the supervisors get in touch with her.
    Mr. Janku noted that the Council had received correspondence from the Downtown Association and a couple of business people about the intersection of Fifth and Cherry.  He said there have been reports in the past that, so far, the accidents do not warrant a four-way stop at that location.  He reported he had a near accident experience at this location on Saturday evening, and he thought it was time to do something.  With the new business at this location, Mr. Janku commented there is much more traffic in the area.
    Mr. Janku made the motion that an ordinance be prepared to make a four-way stop at the intersection of Fifth and Cherry.  The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
    Mr. Janku reported he has received communication from the Valleyview Neighborhood Association about the possibility of a shelter in their park.  He said it is one of the few neighborhood parks that does not have a shelter for group gatherings.   He asked the staff to consider that when developing their budget.
    Greg Ahrens, 1504 Sylvan Lane, spoke about the Route B and Business Loop 70 bridge.  He said in past discussions, a temporary bridge was discussed for pedestrians and bicycles.  He reported $146,000 was given as an estimated cost.  Mr. Ahrens reported it was recommended that the staff consider it as well as other alternatives.  He offered a few alternatives -- build a suspension bridge using telephone poles, steel cable, and wooden decking; a covered bridge, which could be accomplished by buying a mobile home and gutting it.  He said it would have steel underneath and would be sturdy.
    Henry Lane, 1816 E. Broadway, reported there are three alternatives the City has for providing the recreational services that the City needs.  He said the City could proceed with the taxpayer financed recreation center that has been planned, there could be a privately owned recreation center, or use the recreational facilities that are available with other organizations in Columbia.  Mr. Lane did not think the City should build a taxpayer financed recreation center that will be a continuous drain on the community.
    The meeting adjourned at 10:15 p.m.

                                                                                      Respectfully submitted,

                                                                                      Penny St. Romaine
                                                                                      City Clerk