OCTOBER 2, 2000

    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, October 2, 2000, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, and JANKU were present. The City Manager, City Counselor, City Clerk, and various Department Heads were also present.

    The minutes of the regular meeting of September 18, 2000, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Ms. Crayton.

    Upon his request, Mr. Campbell made the motion that Mr. Coffman be allowed to abstain from voting on R199-00. The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.
    The agenda, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Janku and a second by Mr. Coffman.



PR135-00     Establishing a policy on requests for variances to requirements for construction of sidewalks along
                     unimproved streets.
    The policy resolution was read by the Clerk.
    Mr. Beck noted that this item has been brought up before, tabled, and discussed publicly at several work sessions.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    The vote on PR135-00 was recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

B319-00     Rezoning property located on the north side of Brown School Road, west of Roger I. Wilson Memorial
                   Drive from R-1 to C-P and C-3.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this two acre tract is located in northeast Columbia.
    Mr. Dudark explained that the request involved the rezoning of two tracts; Tract A from R-1 to C-P, and Tract B from R-1 to C-3. He noted that Tract A is adjacent to an existing C-P zone and Tract B (the smaller tract) is abutted by C-3 on the north and east. Mr. Dudark remarked that the Commission had originally recommended C-P for both tracts, but during the hearing it was pointed out that a planned commercial zone would not solve the problem of intersection control because of the C-3 further to the east in the location of the intersection. In addition, it would also create a two zoning situation on the lot, so the applicant requested that the zoning be C-3. Thus, Mr. Dudark stated the Commission's recommendation is for C-3 on Tract B.
    Mayor Hindman opened the public hearing.
    Bob Walters, 2704 Vail, spoke on behalf of the owner, Drew Properties, LLC. He offered to answer any questions.
    Regarding Tract A which adjoins the soccer fields being developed, Mr. Janku recalled a discussion regarding sidewalks along the area. He remembered Mr. Walters assuring the Council that Drew Properties would pay for the sidewalk if they retained ownership of the property. Mr. Walters said that was correct, but it was not clear when the Soccer Club would acquire the site from them. He explained if Brown School Road is extended and Drew Properties, LLC is the property owners of record, they will certainly pay for the sidewalk. Mr. Walters commented if the Soccer Club owns the property at that time the road is extended, the sidewalk obligation will become theirs. Mr. Janku asked if he understood that Tract A would be deeded to the Soccer Club. Mr. Walters indicated that was correct.
    Mayor Hindman closed the public hearing.
    Given the fact that a large portion of C-3 already exists at the intersection itself, Mr. Janku believed it would make no sense to rezone the small portion contained within Tract B to C-P. He agreed with the Commission's recommendation.
    B319-00 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B324-00     Authorizing improvements to Twin Lakes Recreation Area.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this project involves the construction of a parking lot to serve a larger picnic shelter at Twin Lakes. The estimated project cost is $48,000 which was included in the FY 99 budget. He noted that some of the work will be contracted and some will be done with City forces. The estimated amount for City forces is approximately $8,000.
    Mr. Janku asked if there was a possibility of the hard surface area being used for sports activities when not in use for peak parking. Mr. Hood indicated staff could look into it, but he added that no interest had been expressed by anyone to use the lot for such. Mr. Janku thought the lot could be used for roller hockey and other similar sports.
    Mayor Hindman wondered due to the parking lot's proximity to the adjacent creek, whether storm water run-off and flood plain issues have been accounted for. Mr. Hood responded that staff had reviewed those issues. Mayor Hindman asked if there would be a landscape strip in the middle of the lot. Mr. Hood replied that the center part of the parking lot will be landscaped.
    Mr. Janku believed that if the middle of the lot is landscaped, that would preclude the use for other activities. Mayor Hindman replied there are other areas at Twin Lakes that could be used for athletic fields. Mr. Janku indicated it would not be a hard surface area. Mrs. Crockett believed that the parking lot should be landscaped as the City would require anyone else to do the same. Mr. Janku noted that there may be ways to landscape it that would not preclude its use.
    Mr. Campbell commented that the demand between the use of the lot and the activities Mr. Janku was speaking of would overlap. He noted there is a tremendous need for parking in this area. Mr. Campbell supported the construction of an aesthetically pleasing parking lot versus an unattractive lot that might be used for sports activities just a few days out of the year.
    Mrs. Crockett asked if the construction of the 36 parking spaces would cost $48,000. Mr. Hood said that was correct -- the parking lot will have 36 spaces, but the project will also include the surfacing of the service road.
    Mayor Hindman opened the public hearing.
    There being no comment, Mayor Hindman closed the public hearing.
    B324-00 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

A)     Street improvements to Heather Lane.
    Item A was read by the Clerk.
    Mr. Patterson explained that the purpose of this public hearing is to officially determine the necessity for constructing Heather Lane from Broadway northward to the stub of Heather Lane near Ash Street, approximately 1,000 feet. The project was initiated by a petition from the Broadway Christian Church, one of the two abutting property owners. He noted that right-of-way for the project has been previously dedicated.
    Mr. Patterson reported the proposal is to construct the street to a 32-foot width with sidewalks being placed on both sides of the street. If sidewalks are to be built on only one side, he explained that staff's recommendation would be the east side as the apartment complex would generate more daily pedestrian movement than the Church would. The resolution estimate for the project is $137,000 and as a residential street, the cost of the construction can be assessed to the property owners to a limited extent - which would be the local pavement portion of a residential street as determined by a formula based on the past two years construction costs. In this case, that amount is calculated not to exceed $30 per abutting foot. Mr. Patterson noted that assessment would generate about $49,800 of the cost for the project, with the balance coming from the annual street program in the CIP. He pointed out that previous reports had been submitted to the Council providing background information such as the historical details of the street dedication of right-of-way, City policies pertaining to funding implications, in addition to questions relating to traffic considerations.
    Mr. Patterson remarked the street would be simple to build, but mentioned a few design considerations staff believed to be important. He noted that if the project is to proceed, he thought that the entrance to the apartment complex should be eliminated and a connection could be reestablished on Heather Lane in order to limit the number of high volume entrances so close in proximity to each other. Mr. Patterson pointed out that if the staff is not able to obtain voluntary agreements with regard to the relocation of the entrance on Broadway, it may be necessary to acquire the access rights which could significantly impact the project cost.
    Should the Council decide to proceed with construction, Mr. Patterson indicated it will be necessary to have a public hearing after construction to determine if there have been special benefits that have accrued to the properties as a result of the project. In this case, he remarked that the Council should consider that the street will provide enhanced access to the properties, thus enhancing the values of such, and that the sidewalks will increase pedestrian safety in the area by providing access to commercial areas to the north. If a motion is made directing staff to complete the necessary documents for bidding construction of the project, Mr. Patterson asked that the motion be specific to include the Council's desire as to sidewalks -- both sides or one side as suggested in the report.
    Regarding the acquisition rights, Mr. Campbell asked how much that would cost. Mr. Patterson indicated he would have no idea at this point because if an agreement cannot be reached, the property will have to be appraised. He said it could be a major item. Mr. Patterson reported that the Council will have to approve any right-of-way acquisition, so at that point they would know the negotiation status.
    Mr. Beck asked if the project includes an alternate connection from the apartment complex to the street in lieu of the connection directly onto Broadway. Mr. Patterson responded it would include that, as well as at the connection to the north. Mr. Beck asked if this was the unofficial driveway. Mr. Patterson said that is correct, the apartment complex has no permit for it at this point. However, the City would not deprive them of an access.
    Mrs. Crockett asked if Heather Lane, north of Broadway, lines up with the Heather Lane stub south of Broadway. Mr. Patterson said the offset of the right-of-way was made in order to make the curve line-up with the street to the south. He noted the right-of-way has been modified in order to allow it.
    Mayor Hindman opened the public hearing.
    Roland Walker, an attorney with offices at 301 Market Square Center, displayed an overview of the Church's property. He noted that he had previously sent the Council a list of uses of the Church. Mr. Walker reported this is an issue of safety. He explained that the present parking lot currently accommodates 229 cars. This extension will allow the construction of two additional lots on the west side of the Church for another 155 spaces. Mr. Walker pointed out that the Church dedicated the right-of-way for this road in 1966, and then the triangle of land was dedicated in 1980. Mr. Walker noted that presently the church members only have one way out of the parking lot, whereas with the extension they will have two. In his opinion, the extension would greatly benefit the apartment complex.
    Mr. Campbell asked if the new parking lot would be landscaped. Mr. Walker said he was sure it would be.
    Mr. Janku asked Mr. Walker if he anticipated the Church also using Heather Lane for parking. He questioned whether it would be a problem for the Church if the City were to restrict on-street parking to facilitate traffic. Mr. Walker said the purpose of the new lots is to keep people from parking on the street, but during peak periods he could see where the street would be used. He also anticipated some of the sports groups would park on the street as well as in the Church's lots. Mr. Walker did not believe it would be a major problem to restrict the parking.
    Jack Miles, 4012 Bent Oak, spoke in favor of the petition to extend Heather Lane north from Broadway to Ash. He explained that he has been a member of Broadway Christian Church since 1964. He said he has seen it grow from around 100 members to approximately 1,300 which has created a real parking problem. The extension will allow the Church to accomplish two things essential to their continued growth; they could proceed with the construction of a new parking lot to the east of the existing buildings, and the new road would open up access to the property from the east. Since there are only two property owners, Mr. Miles noted the question has been raised as to whether or not the Church should pay for more than half of actual tax bill cost for the extension. He pointed out that the Church has given a 50-foot easement that runs the full length of their east property line, which totals about 970 feet. Mr. Miles stated that land could easily be appraised at $75,000 to $80,000.
    Rick Frost, 608 Manor Drive, a Pastor of Broadway Christian Church, asked for the Council's support in the extension of Health Lane. He asked those in support to stand. Approximately three dozen people stood. Mr. Frost reported the Church is a good community partner as their facilities serve as a gathering place for hundreds of community service groups. He indicated the Church is prepared to and wants to pay their fair share in this effort, but they do not believe they should pay more than that.
    Ed Stansbury, 3716 Bray Court, current Chairman of the Church Board, asked the Council to support their petition for the extension of Heather Lane.
    Gertie Combs, 1025 Lakeside Drive, spoke in support of the street extension.
    Bob Black, 507 W. Lathrop Road, a Broadway Christian Church member, said this extension has been on paper since 1966 and they have waited for the appropriate time to request the extension. Mr. Black said now is the time for Heather Lane to be extended. He spoke about the many activities that go on at the Church and how critical the parking situation has become. Mr. Black asked the Council for their support.
    David Rogers, an attorney with offices at 813 E. Walnut, spoke on behalf of R.D. Associates, the other landowner involved in this situation. He reported these individuals are not particularly in favor of building the street. He pointed out the road would directly abut their parking lot from Broadway to Ash. Mr. Rogers noted the existing access on Broadway is a direct connection to the leasing office. He reported the owners will not voluntarily give up that access and the City would have to acquire it by eminent domain. Mr. Rogers expressed an interest in Mr. Patterson's statement about the City creating a replacement entrance onto the new extension of Heather Lane. He did not know what that was. Regarding the unusual looking entrance onto the stub of Heather Lane at the northern edge of the property, where Mr. Patterson said there was no permit, Mr. Rogers was not sure driveways require a permit. He agreed it was somewhat highly irregular. He believed this entrance was created when Mr. Barnes owned the property, and he thought they had come by it fairly. Mr. Rogers indicated that if the owners have to give up that entrance as part of the price of opposing the building of the street, he said they would do so because an entrance is not necessary at the northwest corner of the property.
    John Heatherton, 2401 W. Broadway, noted that he is not a designated speaker for the residents of Gate House Apartments. He was concerned with the temporary inconvenience and the noise that will be created by the construction of Heather Lane. He thought this road would be a safety concern because of the number of children that play in the area. Mr. Heatherton did not see many benefits to the community with the extension of this street, but he could see many for the Church.
    Mr. Campbell asked when the apartments had been built. Mr. Rogers said he had no idea. Mr. Campbell questioned if the street was platted. Mr. Rogers indicated the street was never platted. He commented that the Church at one time spoke about building some residential lots at the other end of their property, and that was how they came to donate the easement. Mr. Campbell did not believe that assumption was correct since the street is named Heather Lane on the other end. Mr. Rogers said he did not believe there to be any subdivision plat that shows it as a platted street.
    Mr. Beck thought it was dedicated as a street right-of-way in the 60's after it was annexed. He recalled the property north of the actual Church property being zoned R-3 at one time. He said there was an agreement worked out with the Biscayne Mall, the Church and the City in 1980. Mr. Beck reported that the Church dedicated the right-of-way, plus the triangle of land, in order to allow for the alignment of Heather Lane to the south. He noted that is the disadvantage of the driveway as it exists -- it does not align with Heather Lane to the south.
    Mayor Hindman closed the public hearing.
    Mr. Campbell presumed space was available on both sides of the street for sidewalks. Mr. Patterson said that was correct. Mayor Hindman asked if the sidewalk on the east side would directly abut the parking lot. Mr. Patterson replied that walks are typically set a foot off of the right-of-way line. Mayor Hindman asked if there would be a seven foot area to allow for landscaping. Mr. Patterson said there could be, but typically it would only leave four feet. If a five foot sidewalk is constructed, that would take it to the property line. Mayor Hindman said he did not like the idea of the sidewalk being up against the parking lot as it would not be very attractive. He asked whether the Church would consider letting the City move Heather Lane a little further to the west.
    Mr. Miles responded that the committee would probably not be amenable to that suggestion. He wondered what the need was for sidewalks on both sides of the street instead of on the west side only. Mr. Miles remarked that if the Church dedicated more land to this project, he believed it would limit the size of future parking lots and buildings they could construct on their property. He indicated they could look into it.
    Mr. John said if a sidewalk is constructed on one side of the road, the City could offset the roadway in the right-of-way so there is more than nine feet on one side and less on the other. Mr. Patterson acknowledged this could be done. He noted that quite frequently reconstructed streets have been set off-center.
    Mr. Campbell noted the full length parking lot that is on the east side of the proposed street. He wondered if it would be more useful to have a wider sidewalk on the west side to allow for more green space on the east side.
    Mr. Janku thought walks are needed on both sides of the street as there are a lot of children at Gate House Apartments. He agreed the sidewalk should be moved away from the parking lot and that there should be a significant amount of landscaping done through the stretch, but kids should not have to cross this street to go to school during peak rush hour times. Mr. Janku was hopeful the Church would be amenable to some flexibility because of the parking lot.
    Mr. Campbell disagreed. He noted there is a full sidewalk network inside the apartment complex.
    Mayor Hindman commented that the Heather Lane stub has sidewalks on both sides of the road. He agreed with Mr. Janku's comments.
    Mr. Rogers suggested that the issue be tabled to allow the parties to work out an agreement between themselves that could be presented to the Council.
    Mr. Walker noted that an agreement had been worked out in the mid-seventies between the Church, the owners of the Biscayne Mall development and the apartment complex. He reported that considerable work went into the proposal and then the owners of the apartment complex backed out of the agreement. Mr. Walker asked that the Council make the decision so the project could proceed. Mayor Hindman understood the position of the Church, and asked if there was a reason a decision could not be put off for 30 days. Mr. Walker indicated they did not want anyone backing out like before.
    Mr. Janku noted the project could be initiated sooner if the owners of Gate House Apartments support it. Mr. Campbell agreed, and he thought the Council is in favor of the project, but they wanted to have it worked out as much as possible for all involved.
    Mr. Beck noted that the cost over and above the tax bill amount will be borne by the general public, including any acquisition costs. If something could be worked out to avoid extra cost to the taxpayers, Mr. Beck commented that would be appreciated.
    Mr. Rogers reminded the Council that the "backing out" by the apartment complex that had been referred to was done at least two or three owners ago.
    Mr. Campbell said he was personally very supportive of the project. He remarked that because this proposal has been worked on for twenty-some years, he did not think one more month would make a major difference in the outcome.
    From a construction standpoint, Mr. Patterson agreed that one more month would not make a difference. He noted it would be next summer before the project can even begin.
    Mr. Janku made the motion that Item A be tabled to the November 6, 2000, meeting. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
    Mrs. Crockett asked if it would be necessary for all of the Church supporters to return in November. Mayor Hindman said his personal opinion was that those individuals would need not come back, but he did not want to say they should not return.

PR134-00     Establishing a policy and standards for pedestrian crossings.
    The policy resolution was read by the Clerk.
    Mr. Patterson explained that the amendments being proposed had come about as a result of a Council work session and what staff believed the direction to be. He noted the policy was referred to the Bicycle and Pedestrian Commission for their input as well. Mr. Patterson explained the proposed amendments.
    Susan Roberts, 601 Westwood, spoke on behalf of the Bicycle and Pedestrian Commission. Referring to page 8 of the report in regards to crossings installed in streets having a daily traffic volume of 8,000 vehicles per day or more, Ms. Roberts stated the Commission requested that the volume be changed to 4,000 vehicles. She reported the Commission's feeling was that streets like Fairview and Chapel Hill would be affected by this amendment. Ms. Roberts apologized that the Council had not received this information, but she thought it had been sent over a week ago.
    Mr. Patterson said he was not aware of the suggested change Ms. Roberts referred to until this evening. For that reason, he was not prepared to say how many streets would be affected with regard to the markings. Mr. Patterson reported that the Commission's amendment would likely apply to a significant number of streets.
    John Clark, 403 N. Ninth, also a member of the Bicycle/Pedestrian Commission, indicated that he had been very much involved in developing the plan. He said the Commission believed the recommendations being proposed would strengthen the policy.
    Mayor Hindman made the motion that PR134-00 be amended per the amendment sheet. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mayor Hindman made the motion that PR134-00 be further amended to change 8,000 vehicles to 4,000 vehicles. The motion was seconded by Mr. Janku.
    Mr. Campbell did not know if he could support that amendment because staff does not know what streets will be affected. If he had more information, he might be in favor of it.
    Mrs. Crockett indicated she would also oppose that particular amendment at this point because with a traffic count of 4,000 vehicles, there would be crosswalks on almost every street in town. She noted the more stops drivers have to make, the more backed up traffic will become.
    Mr. John thought when emphasis is placed on everything, then nothing has emphasis and everything loses importance. He suggested that the Council be judicial when applying special emphasis and special sidewalk crossings.
    There was a discussion about tabling the issue until the next meeting. Mr. Patterson said he could have the numbers ready for the next meeting and could actually have the amendments incorporated into the document.
    Mr. Janku made the motion that PR134-00, as amended, be tabled to the October 16, 2000, meeting. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.

B316-00     Vacating a utility easement located within the proposed Burger King Subdivision.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained that this request involves the vacation of a four foot wide utility easement. He noted there are no utilities presently located within this easement. Mr. Dudark indicated that another easement will be dedicated as a part of the next item on the agenda.
    B316-00 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B317-00     Approving the final plat of Burger King Subdivision; granting a variance to the Subdivision
                   Regulations; authorizing a performance contract.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained that this is a one lot plat with two variance requests. The first variance relates to the requirement that a public sanitary sewer line must be extended to the site. Mr. Dudark reported the applicant is making improvements to a private sanitary sewer to the north of the property that is connected to the adjacent apartment complex. He explained staff supports the improvement and has no objection to the variance for the sanitary sewer easement.
    Mr. Dudark stated the second variance pertains to the requirement of a sidewalk along Stadium Boulevard, which is classified as an expressway. Mr. Dudark pointed out that in the Subdivision Regulations there is a provision allowing the Council to grant a variance to the requirement of constructing a sidewalk along an expressway if there is no public need, nor harm to the public health, safety or welfare. He said the Planning Commission debated the issue quite a bit and ended up with a 4-3 vote in favor of the variance recommendation. Mr. Dudark noted that the Missouri Department of Transportation is also in favor of the variance request. He remarked there is a large ditch in this area between the roadway and the property, and added that the sidewalk would not extend to Worley Street.
    Tim Reed, a land surveyor with Engineering Surveys and Services, said in a C-P zoning there is a requirement that the property must be platted. Mr. Reed pointed out that this technically is a legal lot having a recorded survey before the magical date in 1964, but it is not a plat -- it is a recorded boundary survey. Mr. Reed explained that Burger King is requesting the sidewalk variance along Stadium for the simple reason that it will extend along the western boundary and stop at their northern boundary, which is a large wrought iron fence around the Court Yard Apartments. He said there is also a significant drainage swale on down to Ash Street. Mr. Reed commented there is a water main in this area as well as some gas lines.
    Mr. Janku thought this sidewalk probably falls within what the Council is trying to accomplish with the new policy which was adopted this evening in that if someone cannot, in the short term, build a sidewalk or it is unusually difficult, the person puts up the cost and then eventually a walk is put in. He believed that eventually the City would want a sidewalk in this area.
    Mrs. Crockett asked if Mr. Janku thought the applicant should put the money up for the cost of a sidewalk. Mr. Janku said that was part of policy resolution that was just adopted by the Council. Mayor Hindman was not sure that would apply in this case. Mr. Beck said the question would be whether or not Stadium Boulevard could be considered an unimproved street. Mr. Janku believed it would be considered unimproved because it does not have a curb and gutter.
    Mr. Patterson said in relationship to the policy resolution passed earlier, the Council always has the option of requiring the sidewalk to be built as part of the final plat. He said a performance agreement could be executed that would require a sidewalk to constructed within three years. If the Council grants the variance, the applicant would have no obligation to put up the money for a sidewalk. Mr. Boeckmann further explained that the development agreement needs to be worked out before the Council grants a variance. Mr. Patterson indicated that if the Council denies the variance, the staff would have the opportunity to bring back a development agreement to achieve what was being referred to. He pointed out the worst that could happen with that scenario is that the sidewalk might not be constructed until three years from now.
    Mr. John noted this lot was laid out by rules that were changed after it was surveyed. He commented that the applicant is submitting to the current rules of a plat. Mr. John stated these people want to rebuild and remodel a building to improve its appearance. He believed the applicants are being held up on a technicality. In addition, he was not sure a sidewalk on an expressway is a good idea anyway. He remarked that to make someone pay for a sidewalk on a technicality is also a bad idea. Mr. John was supportive of the variance.
    Mr. Campbell agreed with Mr. John. He thought the Council, with some degree of common sense and rationality, should look to where the sidewalk networks are likely to be within the foreseeable future. He believed the wrought iron fence is a permanent fixture and it would be a long time before a sidewalk network would connect to this particular development.
    Mrs. Crockett agreed with Mr. John and Mr. Campbell and said she would support the variance request.
    Mr. Beck wondered if there is right-of-way to allow for the construction of a sidewalk. Mr. Patterson said the issue is whether or not the Highway Department would even allow a sidewalk in the right-of-way. Mr. Beck's point was that there are several outstanding issues.
    B317-00 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: HINDMAN. Bill declared enacted, reading as follows:

B320-00     Appropriating donated funds to purchase supplies for the D.A.R.E. Program.
    The bill was given second reading by the Clerk.
    Mr. Beck remarked that about $8,000 was received toward gifts in the Police Department to purchase supplies for the D.A.R.E. Program. He said the Silvey's have contributed a lot toward this program over the years.
    Chief Boehm commented how appreciative the City is to have received the money, most of it donated by Jim and Billie Silvey. He said the Department and the City certainly appreciate their continued support.
    B320-00 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B327-00     Amending Chapter 18 of the Code relating to the firefighter's retirement plan.
    The bill was given second reading by the Clerk.
    After reviewing all of the factors involved in this amendment, Mr. Beck thought they should probably move ahead. The enhancement will be paid for by the firefighters.
    Mark Brunstrom, 7101 Wehmeyer, a 15-year employee of the Fire Department and Chair of the Firefighters' Retirement Board, offered to answer any questions.
    Mr. John noted that the vote in support of this amendment had been close. Mr. Brunstrom indicated that they had not received any negative comments. He added in recent polls, it seems the firefighters are more supportive now than when the initial vote was taken.
    B327-00 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B329-00     Authorizing a right of use permit with PF. Net Network Services Corp to install fiber optic cable within
                   city right-of-way.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this agreement is similar to what is used by other cities, particularly St. Louis County. The project involves laying cable across northern Columbia in city right-of-way. After several meetings, the $1.91 per foot was arrived at which the staff felt to be fair after reviewing what some other cities have been receiving. Mr. Beck stated about $90,000 per year will be realized for the first ten years.
    Mr. Janku asked what would be done to ensure the clean-up is handled properly. Mr. Watkins said the proposal is to take some of the money received in the first year as revenues and hire temporary inspectors, probably one for each of the drilling crews. He noted the installation will involve boring, there will be no cuts in any of the streets or sidewalks. Mr. Watkins explained that he and the City Engineer have had conversations about this project, and it is his intent to issue a stop work order if a problem occurs so that those areas can be cleaned up before anymore work is allowed. Mr. Janku asked if measures could be taken, like door hangers, to make people aware of what would be going on their neighborhood and to ensure they know who to call with questions or complaints. Mr. Watkins replied that the project would be closely monitored by the Public Works Department. He thought the door hanger was an excellent idea and he would see if that could be implemented.
    After the system is in place, Mrs. Crockett asked which fund the $90,000 would go into. Mr. Beck said it would go to the General Fund.
    Mr. Janku asked about insurance coverage and whether or not accidents with other utility lines would be covered. Mr. Watkins indicated it would be covered. He said the City would hold AT&T liable, not their sub-contractors.
    Elvis Stout, Houston, Texas, spoke on behalf of PF. Net Network Services Corp and AT&T. He offered to answer any questions.
    B329-00 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

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

B315-00     Vacating a water line easement located within Wyatt Lane Acres Subdivision, Plat 5.
B318-00     Approving the final plat of Nazarene Subdivision, Plat No. 2; authorizing a performance contract.
B321-00     Confirming the contract of Emery Sapp & Sons for relocation of the water main along Route AC.
B322-00     Approving engineer's final report for construction of water main serving Heritage Estates, Plat 1;
                   accepting a deed of dedication; authorizing payment of differential costs.
B323-00     Accepting easements for electric and water main purposes.
B325-00     Amending Chapter 27 of the Code relating to the City's utility customer financial assistance programs.
B326-00     Levying and assessing special taxes for abatement of weed nuisances.
B328-00     Amending the cooperative agreement with Boone County and Boone Electric Cooperative for
                   establishment and operation of a geographic information system.
R190-00     Setting a public hearing: construction of Fire Station No. 8.
R191-00     Setting a public hearing: improvements to Lake of the Woods Pool.
R192-00     Setting a public hearing: traffic signal additions at the intersection of State Route 763 and Smiley Lane.
R193-00     Setting a public hearing: improvements to the intersection of St. Charles Road and Keene Street.
R194-00     Authorizing a revised agreement with Columbia Community Development Corporation and approving
                   a request for HOME funds.
R195-00     Renewing an agreement with the Missouri Department of Health for WIC services.
R196-00     Renewing an agreement with the Missouri Department of Health for the Community-Based Home
                   Visitation Program.
R197-00     Authorizing agreements with the US Geological Survey for groundwater and water quality monitoring
                   in the vicinity of the wetlands.

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

R198-00     Approving the preliminary plat of R.T.W. Addition.
    The resolution was read by the Clerk.
    Mr. Beck noted that this involves 18 R-2 lots and was recommended for approval on a 7-0 vote by the Planning and Zoning Commission. He noted approval of the plat is contingent upon the applicant agreeing to certain street improvements to State Route PP to deal with a sight distance problem.
    Mr. Dudark explained that this particular intersection is located on the crest of a hill. He said the existing street, across Aztec, has some sight disability problems as well. The developer and the City are working on an agreement to try to alleviate several problems with an asphalt lift on the roadway.
    Mrs. Crockett noted that when Habitat built new homes on Aztec a few years ago, the sight distance problem was never mentioned. She was appreciative that the developer is willing to share in the cost of alleviating some of the problem.
    The vote on R198-00 was recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R199-00     Authorizing an agreement with Ameren Energy Development Company relating to a proposed gas
                   turbine project at the Bolstad Substation.
    The resolution was read by the Clerk.
    Mayor Hindman noted that they discussed this issue at length at the pre-Council dinner.
    Using the overhead, Mr. Malon described the project. He explained it as a public/private partnership between the City of Columbia and Ameren Energy Resources Development. He pointed out that this is not the same company as Ameren UE, the utility provider. He reported that Ameren Energy Resources is a private, unregulated, independent power producing subsidiary of a holding company based out of Illinois. Mr. Malon remarked that the proposal calls for the installation of three, 39 megawatt simple cycle industrial-type gas turbines. Ameren will design the turbines, finance them, construct them, and put them into service and operate them. He noted that the City will have an opportunity to purchase some capacity off of the units. Mr. Malon explained the City's interest in the project. He stated that the goal is to have the units on line for the summer of 2001. He thought the City would finance somewhere between $30,000 to $50,000 for engineering costs. He indicated those funds have been budgeted.
    Mr. Malon explained that this agreement, if approved by the Council tonight, is a Letter of Intent to assure Ameren that the City is serious about the project. It would also give Ameren the right to enter onto the Bolstad property to perform solo borings, etc.
    Mr. Janku asked if the City's power plant is ever used in a peaking capacity. Mr. Malon replied it was. He noted that Columbia has two coal-fired steam units, one gas oil-fired steam unit, and one peaking plant -- a 12 megawatt Westinghouse unit. Mr. Janku asked if the proposed turbines being discussed this evening would ever displace some of the coal-fired power. Mr. Malon indicated that it would normally not.
    Mr. Coffman asked about black start capability. Mr. Malon said if the entire world goes black and the system collapses, a button can be pushed and these units will start up. That, in turn, could be used to start the City's plant.
    Rick Smith, a representative of Ameren, offered to answer any questions.
    David Rogers, an attorney representing the Ewing's, explained that they are probably the closest private property owner to the site in question. In regards to the Letter of Intent, Mr. Rogers asked if the map was intended to be a part of the agreement as far as the property that would be covered by it. Mr. Malon said it would cover the basic property until the actual amount is outlined. He thought that would probably be a site in the neighborhood of four or five acres immediately adjacent to and north of the substation. Mr. Rogers believed the agreement did not do a good job of saying what property is covered. Mr. Boeckmann said when it is determined where exactly the turbines will be located, the agreements will specify that. Mr. Rogers noted a minor error in the agreement (paragraph 2(b) should read "without limitation" not "with limitation"). Mr. Boeckmann agreed and said the change would be made.
    The vote on R199-00 was recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSTAINING: COFFMAN. Resolution declared adopted, reading as follows:

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

B330-00     Appropriating donated funds from Rick and Sally McDowell to purchase police equipment.
B331-00     Accepting a Law Enforcement Traffic Services Grant; appropriating funds.
B332-00     Vacating unused utility and sewer easements located on the Tribune Publishing Company site.
B333-00     Approving the final plat of Vanderveen Crossing, Plat No. 6; authorizing a performance contract.
B334-00     Approving the third replat of part of Lot 103, The Meadows Phase I.
B335-00     Approving an amendment to the Columbia Mall C-P Development Plan to allow for conversion of
                   the Mall-4 Theaters to a Barnes and Noble Book Store.
B336-00     Amending Ordinance No. 016578 to correct the legal description of the property located on the
                   south side of Smiley Lane that was rezoned from C-3 to R-1.
B337-00     Rezoning property located on the east side of Providence Outer Roadway, along the proposed
                   eastward extension of Green Meadows Road from R-1, R-2, R-3 and C-1 to C-P and O-P.
B338-00     Authorizing an STP-Urban Program agreement with the Missouri Highway and Transportation
                   Commission for the Green Meadows Road Construction Project.
B339-00     Authorizing an STP-Urban Program agreement with the Missouri Highway and Transportation
                   Commission for the Blue Ridge Road Reconstruction Project.
B340-00     Accepting easements for utility purposes.
B341-00     Authorizing construction of improvements to Lake of the Woods Pool.

A)     Intra-departmental Transfer of Funds
    Report accepted.

B)     Adaptive Use Study, John William Boone Residence
    Mr. Beck explained that if the report is accepted, staff could close out the City's agreement with the architect.
    The report was accepted.


    Mrs. Crockett commented that she was hopeful the appraisal price on the Stephens property would be made public as soon as the City receives notification.
    Mr. Campbell noted that the Library construction on Garth was causing consternation in his ward. Particularly troublesome is the parking situation because there is no longer a parking lot which was frequently used by parents dropping of children at Grant School. He asked Mr. Patterson to review the situation. Mr. Campbell noted that he had heard a suggestion about making Garth a one-way street north. Mr. Patterson replied that he and his staff met with school officials and members of the Grant School PTA just this week. Staff agreed to a request for curb painting and signing in order to restrict the parking. He reported they are in the process of implementing that request and would continue to observe the situation. He indicated if this does not work, staff could use more aggressive measures. Mr. Campbell asked whether the curb painting would be for dropping-off purposes or for school buses. Mr. Patterson said it would be restricted to passenger vehicles for pick-up only, parents will be restricted from parking in those locations.
    Mr. John noted that at both Council retreats he has attended, a high priority had been given to review the possibilities of a large scale annexation to smooth off the City limits. He would like to see, within the next few meetings, a plan to initiate such an annexation for possibly the 2001 election. Mr. Janku remarked that he supported planned annexation. He would like to see what could be done to encourage voluntary annexation prior to a major, planned annexation. Mayor Hindman reported this issue is being reviewed by the staff at this point.
    Mr. Janku commented that over the last few budget years, the City has assisted in a program to replace playground equipment in some of the older neighborhood school parks. He would like to see what could be done over the next few years with regard to some middle-aged schools such as Blue Ridge, Parkade and Ridgeway. Mr. Janku noted those playgrounds have relatively old equipment. Mr. Beck commented that some of these schools may be eligible for CDBG funds.
    Mr. Janku pointed out that on the Consent Agenda the Council voted to tax bill two properties for weed violations. He remarked that in both cases these are repeat offenders. Mr. Janku asked the staff too look into what could be done to streamline our procedures consistent with due process and notice, so that the City can move as quickly as possible in terms of correcting the nuisance. He knew of a property owner who had erected a wooden fence, at considerable expense, because of an adjacent property that is consistently unsightly. Mr. Janku wanted to see the speed of enforcement stepped up. On the specific issue of weeds, Mr. Boeckmann reported that before the next weed season, there will be an ordinance proposed that will streamline the procedure somewhat. He said the due process issues are not quite as severe when it comes to cutting weeds as it would be to demolish a building.
    William Woodward, 200A Unity, said there are areas in the inner city where there are no sidewalks. Mayor Hindman responded that the Council is aware of that problem, however, there were no sidewalk requirements in the central city when that area was built. He noted that staff is currently working on the Sidewalk Master Plan.
    Troy Barton, 1201 Lakeview, expressed extreme concern about the crack cocaine problem in Columbia. Ms. Crayton said she had been fighting the crack problem for the last several years. She invited Mr. Barton to help her in her efforts.
    The meeting adjourned at 10:05 p.m.
                                                                                            Respectfully submitted,

                                                                                            Penny St. Romaine
                                                                                            City Clerk