M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
DECEMBER 4, 2000
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, December 4, 2000, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN and COFFMAN were present. The City Manager, City Counselor, City Clerk, and various Department Heads were also present.
 

APPROVAL OF MINUTES
    The minutes of the regular meeting of November 20, 2000, were approved unanimously by voice vote on a motion made by Mrs. Crockett and a second by Mr. Campbell.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Upon her request, Mr. Campbell made the motion that Mrs. Crockett be allowed to abstain from voting on B385-00, B394-00, and B397-00. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    The agenda, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mr. Janku.
 

SPECIAL ITEMS
R243-00     Accepting a gift of five (5) thermal imaging cameras donated by KMIZ ABC-17.
    Mayor Hindman noted that over $71,500 had been raised to purchase the five Scott Eagle Imager thermal cameras. He listed the major contributors and added that many other contributions had been made by members of the community. Mayor Hindman introduced Curtis Barnes, the News Director of KMIZ-Fox and KMIZ-WB and Mark Welp, the reporter from the same organizations who presented the City with the five cameras.
    Mr. Beck explained that these types of gifts can be processed through the Columbia Trust.
    The vote on R243-00 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

SCHEDULED PUBLIC COMMENTS
Energy & Environment Commission Quorum
    Fred Springsteel, 311 Longfellow, spoke as Secretary of the Energy & Environment Commission. He explained a problem the Commission is having with meeting attendance. Mr. Springsteel suggested that the membership be changed and that the enabling ordinance be examined.
    The Council agreed that the situation should be reviewed.
 

PUBLIC HEARINGS
B384-00     Authorizing construction of improvements to the Lake of the Woods Golf Course.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that $725,00 had been budgeted for fairway upgrades at the Lake of the Woods Golf Course. He said this includes the construction of a deep well.
    Mr. Hood listed the planned improvements which consisted of the installation of a fairway irrigation system, as well as the replacement of the existing tee and deep well irrigation system. He explained the diagram depicting the placement of the new irrigation lines. Mr. Hood noted that the system had been designed by a firm which specializes in the design of golf course irrigation systems. He stated the deep well included in the project will provide the water source for the system. Mr. Hood said the water will be pumped from the deep well into the lakes, and then water from the lake will be pumped into the irrigation system itself. He indicated staff contacted Missouri DNR representatives to discuss the potential impact such a well would have on the existing aquifer which provides water for the Columbia area. Mr. Hood reported DNR provided the City with a response which concluded that such a well should have a minimal, if any, impact on the water in the existing aquifer.
    Mr. Hood commented that also included in the project, once the irrigation system is installed, is fairway turf improvements. Staff's recommendation is that the fairways be converted to a zoysia turf. Mr. Hood summarized the funding for the project which included $130,000 from the Golf Course Improvement Fund (these revenues come directly from fees paid by the users of the golf course) and $590,000 would come from the City's Designated Loan Fund which will be repaid by the Golf Course Improvement Fund. It is estimated that it would take three to four years to repay the loan. Mr. Hood stated that $5,000 in force account labor would also be used on the project.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B384-00 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B393-00     Rezoning property located on the west side of Oakland Gravel Road, approximately 1,000 feet north
                   of Holly Avenue from A-1 and C-P to R-1.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that one family dwelling units are being proposed on this approximate 19.5 acre tract.
    Mayor Hindman opened the public hearing.
    Steve Scott, an attorney with offices at 201 Westwood Avenue, appeared solely on behalf of the Miriam McCaleb Trust. He explained there is a related minor subdivision plat under Old Business this evening on which he would be speaking both on behalf of the McCaleb Trust and Premier Bank. He stated Premier Bank is the owner of the center piece of property which is not the subject of this rezoning request. Mr. Scott noted that this request involves portions of the property known as Confederate Hill. After Miriam McCaleb's death, he explained that her trust sold the property to the Bradley's and at that time the entire property was zoned A-1, just as it had been since the property came into the City. For business reasons, the Bradley's requested a rezoning for portions of the property currently zoned C-P. Because of financial difficulties, Mr. Scott said they were not able to go forward with their plans which ultimately resulted in them signing deeds in lieu of foreclosure. The end result is that Premier Bank now owns the center piece of property and the McCaleb Trust owns the northern and southern tracts. He noted that this rezoning request is solely for the northern and southern parcels as the Bank has not initiated a rezoning request for the center parcel.
    Mr. Scott believed this R-1 zoning request to be appropriate and consistent with the other uses in the neighborhood as well as with the Land Use Plan in the area. He stated there are pending contracts to sell the subject parcels which are contingent upon the R-1 zoning designation. Mr. Scott indicated the Trust's only interest at this time is in selling the land, not the development of such. At some future point, he said the purchasers of the two tracts will probably be before the Council with requests to further subdivide the property before developing it.
    Mr. Scott noted the way the tracts were originally laid out had been designed to protect the center parcel. He explained the existing tree line provides a natural buffer between the center tract and the other two parcels.
    Regarding a cemetery being located on the property, Mr. Scott said the surveyor, Steve Heying, determined that there is no family cemetery on the property. This was confirmed by an 82-year old resident of the area. He remarked there is a cemetery on land further to the west which has already been sold off.
    Mayor Hindman closed the public hearing.
    Mr. Janku asked about the Planning Commission's preference for rezoning to PUD so there could be greater protection for Confederate Hill and the mansion itself. Mr. Scott said the prospective buyers of the two parcels requested R-1 zoning. As far as protecting the mansion property, he said that concern was primarily addressed by what he had said about the tree lines incorporated into the center tract north and south of the house.
    Mayor Hindman guessed that most of the Council would prefer the PUD zoning. Mr. Janku noted that the PUD process was designed for this type of sensitive situation.
    Mrs. Crockett stated the applicant requested R-1 zoning, and she believed that is what the Council should be addressing. The Council agreed.
    Mr. Coffman remarked if a residential zone did not seem to provide sufficient control for this unique area, the request should be rejected.
    B393-00 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN. VOTING NO: COFFMAN. Bill declared enacted, reading as follows:
 

B394-00     Amending the Broadway Farms Business Park O-P Development Plan.
    The bill was given second reading by the Clerk.
    Mayor Hindman opened the public hearing.
    Mr. Beck noted that denial of the request was recommended by the Planning and Zoning Commission.
    Mr. Dudark explained that the property is now approved for a bank site. Using the overhead, he pointed out an entrance drive coming off of Fairview that does not connect to the west where the Hy-Vee Store is being proposed. He noted an approved access point to the north on Broadway which would be eliminated by this proposal in lieu of a connection to the west on Fairview (the Hy-Vee Supermarket site). Mr. Dudark said the proposed drive is about 200 feet south of Broadway, but only about 112 feet from the corner of the property. The plan showed a deceleration lane off of Fairview to allow right-in/right-out and left-in turning movements (no left-out). Mr. Dudark questioned as to whether or not the deletion of the driveway and the restriction of left turn in and right-in/right-out would be an improvement to the traffic circulation.
    Mr. Campbell asked Mr. Dudark to explain the staff recommendation. Mr. Dudark remarked with left turns out being restricted, some of the traffic conflicts would be minimized on Fairview. By allowing a left turn in, it was thought this would alleviate the need for traffic to go through the Broadway intersection, which would take some of the load off of this intersection. If the Council were to follow the Commission's recommendation, Mr. Campbell asked what would be left. Mr. Dudark said one option would be to go back to the earlier plan which would not allow the connection to the west, but would allow the driveway on Broadway.
    Mr. Janku asked if there was any access to Kunlun Drive. Mr. Campbell said there is for the grocery store. Mr. Patterson reported the proposal shows a street that would come north/south connecting to Kunlun Drive. He said it was also the one that would enter Broadway across from Park deVille, which would be the location of the projected signal, down to the residential area (Kunlun Drive).
    Regarding the large tract north of the bank site, Mr. Patterson explained this is right-of-way that was obtained by the State to accommodate intersection turn lanes.
    Mr. John asked if he understood there to be a street coming through the middle of the commercial development. Mr. Patterson said that was correct, on the Hy-Vee site. He also thought there were three access points to the commercial area. Mr. Dudark said the Hy-Vee site has access to Broadway, Broadfield, and Kunlun.
    Mayor Hindman opened the public hearing.
    Jeff Markey, Des Moines, Iowa, spoke on behalf of Hy-Vee. He displayed an overall site plan and described it. He emphasized the improvements to the plan as being the elimination of access off of Broadway, and their commitment to restrict the two out lots from having access to Broadway for the single point access halfway between Fairview Road and Broadfield Road, along with eliminating the access there.
    At the present time, Mr. Janku asked what access to Broadway a potential buyer of those lots would have. Mr. Markey said that would depend on whether there would be an agreement with the owner of the property and the purchaser of the property at the time. He said that agreement could provide access through any of the proposed five internal drives. Before any of those tracts could be developed, Mr. Markey understood that the property would have to be platted. At that time, he thought the Council would have control over access if there were still questions.
    Mayor Hindman asked if the reason an entrance and exit further to the south had not been considered was because the applicant did not have control over that property. Mr. Markey replied that was correct. He reported that tract is owned by the existing medical clinic. Mr. Markey noted the access point has been moved as far as possible.
    Mr. Janku asked if consideration had been given to restrict access to the drive by the bank site. Mr. Markey responded it had not as it was assumed the volume of movement in this area would be very low. Mr. Janku thought a drive-thru could generate a fair amount of traffic. Mr. Markey agreed that was a fair comment.
    Bill Moyes, 2730 Braemore, explained that the rear of his property abuts the subject site. He said traffic sometimes travels at 50 miles per hour on Fairview Road. He reported from where Fairview goes straight, after taking the curve to the center of the proposed drive, is a distance of 125 feet. Mr. Moyes noted this amounts to only three car lengths. Currently, he indicated that traffic backs up at that light down to Kunlun (approximately 730 feet). Mr. Moyes commented if cars were waiting to turn left into that driveway, traffic would be stacked up to Summit.
    Ray Nowell, 2728 Braemore, reiterated the short distance between the right turn lane off of Broadway. He said this approximate 125 feet is not sufficient and would cause traffic to back up. When an access point is opened to the Hy-Vee lot, Mr. Nowell believed the number of people using the drive will increase dramatically.
    Mayor Hindman closed the public hearing.
    Mayor Hindman asked if the Highway Department has said anything about building a center barrier if the access on Broadway remains open. Mr. John thought it was restricted to a right-in/right-out. Mr. Patterson said that MoDOT has expressed in writing their concern about access on Broadway that will create left turn movements. He said it is very unlikely that MoDOT would allow such. Mr. Patterson thought the drive would have to be restricted to where it would be either completely a right-in and right-out, or some other control. He remarked that in his opinion, its proximity to the intersection would preclude anything other than a median barrier.
    Mr. Janku wondered about potential access from the other out lots. He asked what control the Highway Department would have, and if access could be restricted to right turns as was the one planned for the store. Mr. Patterson agreed that was possible. He said they would be very active in that regard. He reminded the Council about their stance recently on the Burger King issue. Mr. Janku asked if the owners of the two lots would have rights to some sort of access, or whether the Highway Department could deny such a request. Mr. Patterson assumed the lots would have some right of access since it was not purchased as limited access. However, he believed MoDOT's position to be that access would be restricted to right-in/right-out turning movements. If the drive was far enough away from the intersection, they could possibly have a left-in, but no left-out.
    Mr. Boeckmann said even if the lot is subdivided, the future owner would have a right to access, but they would not necessarily have the right to make a left turn. Mr. Patterson pointed out that platting is not required at this point and the City, at this time, does not have any mechanism other than the verbal commitment on the part of the developer with regard to the accesses on Broadway or any of the others. He reported the issue before the Council this evening relates exclusively to the O-P plan.
    Mr. Campbell said he could not support the current request because of the situations they have seen in the last few years involving driveways in close proximity to major intersections. He thought the question the Council needed to address was the volume of traffic. Mr. Campbell said a bank would represent a relatively low volume while the shopping center would be a high volume generator. He believed this to be a public safety issue and the Council should deny the amendment.
    Mr. John agreed that a bank has a lot less traffic, but the proposal calls for eliminating two intersections within approximately 100 feet in lieu of just one. He believed that to be positive. Mr. John noted that the proposed access point would also restrict left-out turning movements. He said if there is no access onto Fairview, all of this traffic will either have to turn into the residential street of Kunlun to access the shopping center, or turn onto Broadway and then make the left turns into the shopping center. He thought with that scenario, the number of cars through this interchange would increase. Mr. John remarked that every time the Council reviews these types of developments, they stress their preference for internal circulation and the need for interconnection of streets. Now, when someone wants internal circulation, the Council is not supportive of the application. Mr. John believed the plan provided for some good trade-offs in the overall traffic circulation.
    Mr. Campbell indicated that he told Mr. Markey he did not like either one of the proposals. However, because Kunlun is well beyond the 600 feet that the traffic engineers have said is a safe distance to have traffic flow from a major intersection, cars accessing this development will turn off before reaching the residential area. Mr. Campbell thought it may add a little traffic, but not very much. He noted there are five entrances into the shopping center in addition to this one. Mr. Campbell remarked that the speed of traffic through this intersection was too dangerous to allow for the proposed access point on Fairview.
    Mr. Janku commented that this interchange will attract additional traffic -- more than it would with just the bank. He said whatever is developed on the out lots would also increase traffic through the area. Even though it is not known what type of commercial stores these will be, the prime motive will still be to serve the out lots, not to serve the grocery store. He thought motorists traveling from the south would access these sites off of Kunlun. Mr. Janku reported he could not support the request as designed, and added that he was particularly disappointed to see the area where cars can cut across in front of the lane.
    Mayor Hindman indicated he could support the application if the access was limited to right-in/right-out turning movements. He was convinced that option could handle quite a bit of traffic. With that scenario, traffic coming from the south would be expected to make a left turn into Kunlun to access the shopping center. Mayor Hindman said with the access on Broadway being eliminated, he thought that would be a fair resolution.
    Mr. Janku agreed with the comments about circulation within the commercial area. He said the problem is that people using the access drive off of Kunlun really cannot get to the outer lots near Broadway. Mr. John thought the internal drive was not set in concrete as of yet. Mayor Hindman asked Mr. Markey to display the drawing again.
    Mr. John asked Mr. Markey what his thoughts would be about limited access to right-in/right-out on Fairview. Mr. Markey said that would be acceptable. Mr. Janku asked if they would also agree to eliminate the access point in front of the entrance. Mr. Markey replied that would be something that would have to be laid out. He indicated this proposal was taken from the existing O-P plan with the thinking that it would be safer. He said if the plan is reconfigured, it is his understanding that they would have to come back with a new site plan.
    There was a discussion about the plan in the area of the approved bank and if something other than a bank could go in. Mr. Markey said right now the site has been approved for a bank. However, he could not commit that it would absolutely be a bank, but an amended plan would have to come before the Council if there was a change. Mr. Markey remarked that they do not typically develop the out lots.
    Mr. Janku asked about the ECR agreement. Mr. Markey understood they could only have one building permit besides the one for the store. He said they would have to plat any additional lots for any other buildings. Mr. John commented as lots are sold off is the point when they would have to replat and develop a restricted access agreement. Mr. Markey reiterated their commitment to no further accesses off Broadway. Mayor Hindman asked how this could be ensured protection to the public. Mr. Markey said the City would have the word of the corporation.
    Mayor Hindman asked if Mr. Markey would be agreeable to tabling this issue for two weeks. Mr. Markey indicated he would be.
    Mayor Hindman made the motion that B394-00 be tabled to the December 18, 2000, meeting. He asked the legal department and staff to work out assurances that in the event there is a right-in/right-out allowed at the intersection, that the other entrance and exit be removed (on Broadway) and further, that the out lots would not be allowed access onto Broadway.
    Mr. Markey asked if the access that is mid-center on Broadway would still be allowed. Mayor Hindman indicated they would not try to remove that one. Mr. Markey questioned whether the City wanted an easement or something restricting future access. Mayor Hindman said that was correct. Mr. John added the Council is asking for a non-access easement across the front except for the one drive. Mr. Janku assumed the one along Broadfield also. Mr. John replied that was correct.
    The motion made by Mayor Hindman was seconded by Mr. John and approved unanimously by voice vote.
 

B395-00     Approving the Community Recreation Center C-P Development Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this plan was recommended for approval by the Planning and Zoning Commission. He pointed out that it included a parking variance and a landscaping variance between West Junior High School and the property.
    Mayor Hindman opened the public hearing.
    Reid Voorheis, project engineer with Sverdrup CRSS, explained changes that have been made to the plan since the Planning and Zoning hearing. He commented issues were raised at the hearing regarding the lighting on the parking lots in particular. Mr. Voorheis reported that two fixtures on the north portion of the parking area were eliminated, and the number on the south side has been increased from two to three. He said they were changed from two 25', 400 watt fixtures to three 15', 250 watt fixtures. He indicated the light will be baffled or have cut-offs to eliminate light spillage. Mr. Voorheis remarked they have also designated two fixtures for security lighting that would be on from dusk to dawn. Those would be located directly to the west of the building so as to screen the fixtures from the property to the east.
    Mayor Hindman asked if the light fixtures would be fixed in such a way as to limit the spread of the light. Mr. Voorheis said they would be. Mayor Hindman noted that the neighbors on Clinkscales were concerned about the dumpsters. Mr. Voorheis said they have made a very conscientious effort to take the trash enclosure and screen it in such a way to incorporate it into the total building design. When looking from the east, the enclosure will be incorporated into the design of the building's elevation. He said it would not be a stand-alone piece. Access to the enclosure itself will be from the south. Mayor Hindman closed the public hearing.
    Mr. John thought it was a design flaw to have the trash enclosure as the closest point to the street. Mr. Janku asked if it could be moved further toward the end of the building. Mr. Voorheis explained that the enclosure is basically on the north and east side of the site and the building is on the west side. He reported the entrance to the enclosure would be gated to provide further screening. Mr. Voorheis noted it would be totally enclosed. He pointed out there is approximately 30 feet from the enclosure to the street. Furthermore, Mr. Voorheis commented that more landscaping could be added to this area. He thought if the enclosure was moved more to the north, it could be difficult for staff to access it.
    B395-00 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B396-00     Approving the PUD Site Plan of Westbury Village.
    The bill was given second reading by the Clerk.
    Mr. Beck commented that the Planning and Zoning Commission had recommended denial on this request. He noted many items of concern have been addressed since that time and an amendment sheet had been prepared.
    Mr. Dudark reported that the plan has been further revised since the Commission meeting. One revision included the elimination of ten dwelling units bringing the count down to 194 from 204. This places the current density at ten units per acre. The plan has also been revised to reflect some of the Fire Department's concerns relating to driveway width, turning radii and dead end driveways. In addition, an entrance has been created to Stone Valley Parkway. Mr. Dudark explained the plan still does not show the connection to Dayspring Drive to the north which would provide for an interconnection between this and the adjacent development. He noted the storm water management plan has been reviewed by Public Works, and the parking deficit has been addressed (two parking spaces per dwelling unit has been provided for and additional parking for the club house and park area has been identified). Mr. Dudark pointed out parking spaces in front of garages on some of the town homes, although he explained that they are not actually parking spaces in terms of having enough length -- cars will project past the driveway. He suggested that the architect address what might be done to address that issue as it could restrict emergency vehicles to the area.
    Mr. Dudark reported staff's recommendation is that the City and the property owner enter into an agreement that would run with the land obligating improvements to the street system to include Scott Boulevard, the intersection at Smith Drive and other traffic improvements that may be necessary that are attributable to the PUD portion of the project. He pointed out that the agreement would only pertain to the residential portion of the project, and any future commercial development by a different owner would not be responsible for the entire burden of traffic improvements. Mr. Dudark remarked it would be a proportional share to the residential area through the agreement. Furthermore, staff recommended that Dayspring Drive be connected as part of Phase 2 of the project rather than Phase 5.
    Mr. Patterson confirmed that his department received revised storm water management plans from the applicant that meet City requirements and show the peak run-off for the various design storms which in most cases will be less, but never more, than the pre-development requirements. He indicated staff is satisfied with the storm water plans that have been submitted. In regards to the trash dumpsters, he explained that his department has been working with the applicant on the issue. There may still be some slight modification, but he thought they were close enough to having those issues resolved that it should not be a factor in determining approval or disapproval this evening.
    Mr. Campbell made the motion that B396-00 be amended per the amendment sheet. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mayor Hindman opened the public hearing.
    Harriet Francis, an attorney with VanMatre and Harrison with offices at 1103 E. Broadway, spoke on behalf of the applicant, Joseph Tosini for the Westbury Plan. Ms. Francis pointed out that the developer is in agreement with the phasing proposal for some of the traffic improvements. She said certain figures have been discussed and they believed those figures to be quite acceptable. Ms. Francis indicated the Dayspring Drive issue will be partially addressed by the architect, Mr. LeRoy. Regarding guidelines that were submitted for the PUD, she noted that the applicant has agreed to abide by them.
    Glen LeRoy, an architect with Gould, Evans and Goodman Associates in Kansas City, explained that since the PUD zoning was approved several months ago, they have had several subsequent meetings with neighbors about the design of the particular housing units as well as site planning. He said the resident's input, along with staff comments, have been incorporated into the revised plans before the Council. Mr. LeRoy indicated the neighbors were very influential in determining the massing and appearance of the buildings. He pointed out their intent to have a very walkable community. He reported that sidewalks and bike paths oriented around a central park (now consisting of 1.5 acres), and the park has been moved closer to Stone Valley Parkway so it can serve the broader neighborhood. Mr. LeRoy stated with the reduction in housing units from 204 to 194, that increased the number of parking spaces. In relation to the parking spaces mentioned with shorter throats, he said there are off-street spaces provided for those particular units, and the applicant would be amenable to create restrictive covenants that would prohibit parking at those particular units.
    Regarding Dayspring Drive, Mr. LeRoy noted that this street has never been shown on the plan to connect with the adjacent subdivision. He remarked the applicant would agree to that connection, but with the condition that some form of traffic calming device or speed bumps be allowed to slow traffic to about 15 miles per hour.
    Mr. LeRoy summarized the plans for Phase 5 of the development pertaining to the single-family housing. He explained this was designed as the last phase of the project due to the critical mass concentration of the development and the problems associated with guaranteeing that they could be constructed in the first phase. Mr. LeRoy reported even if the lots are sold, they may remain vacant for some time. He indicated Mr. Tosini very much wants to build the O-P piece, which would have residential housing on the far side of it. It is believed it would be more advantageous to have the residential area facing the single-family lots.
    Mr. LeRoy noted that the traffic improvements have gone through MoDOT, and the applicant will be responsible for constructing turn lanes on Scott Boulevard.
    Mr. Janku asked staff for their recommendation as it relates to parking. Mr. Dudark thought any alternative accepted would have to be guaranteed to be effective so residents do not park in the driveways that extend into the travel way. He said if there is some documentation that could ensure that, he would like to accept it. Mr. LeRoy responded after reviewing the plan in greater detail, they will try to determine if an additional 18 feet can be added to those particular driveways.
    Mayor Hindman asked if this was the area the Fire Department had a problem with. Mr. LeRoy said the Fire Department concern was the reason this particular kind of traffic way was created with the cul-de-sacs and the wider turning areas. He noted it would make it easier for the Fire Department to maneuver their trucks in these areas. In addition, Mr. Dudark explained the plan now shows a specially built crossing in another area that can be accessed by the Fire Department, but not the general public.
    Mrs. Crockett inquired about the time frame for the project. Mr. LeRoy said they were hopeful to have the entire area done within three years. On the high side, he thought it could be five years.
    Mr. Campbell asked when the commercial plan would be brought in. Mr. LeRoy replied that they are working toward the second meeting in December or the first meeting in January.
    Tony Prato, 212 Dayspring, President of the King's Meadow Neighborhood Association, reminded the Council that residents opposed the initial proposal, but since then, the neighborhood has seen a lot of changes that make the project more palatable to the community. He reported residents would still prefer not to have the connection to Dayspring Drive. He noted both the neighbors and the developers are in agreement on that point. Mr. Prato asked the Council for their support on this issue. He was concerned about the proximity of the school and the related safety issues. Regarding the phasing of the residential development, Mr. Prato commented the area neighbors would still like to see the residential lots sold, before the other phases are developed, with the thought this would at least provide somewhat of a buffer.
    Henry Warren, 301 Bright Star, distributed copies of findings regarding the topography in the area. He documented the location of the Goodin Branch Stream and issues regarding impoundment. His findings also mentioned the karst topography common to the area. Mr. Warren stated this topography is commonly characterized by sink holes. He asked the Council to consider these items when discussing the management of storm water run-off.
    Herbert Ramidez, 4809 Castlewood, voiced his concern about piecemeal zoning. He felt that was exactly what this developer was doing. By offering up just the residential portion, he believed the applicant is avoiding the trigger that would demand a traffic study which was associated with the commercial section to begin with. Mr. Ramidez reported that the traffic study that had been conducted showed a failing grade for the subdivision. He thought the applicant was trying to skirt those issues. If the developer is two weeks away from having the commercial section ready, Mr. Ramidez asked that this amendment be tabled so the traffic study can be examined in relation to the entire project.
    Dave Bennett, an engineer with Engineering Surveys and Services with offices at 1113 Fay, offered to answer any questions on the karst topography or the storm water management.
    Mr. Campbell spoke about a concern he received regarding the holding tank and whether it would leak because of the karst topography. Mr. Bennett explained that they had drilled 20 holes on the site for a preliminary grading plan and found no evidence of karst topography on it. That was not considered an issue.
    Mr. Campbell asked about the traffic study the previous speaker referred to.
    Jeff McCarrow, Trans Systems Corporation in Kansas City, indicated a traffic study which targeted this particular phase, as well as the entire development, had been submitted and approved by City staff. He believed them to be in complete agreement with the report. Mr. Patterson confirmed staff had been satisfied with the information received and when the project progresses to the C-P area, there would probably be more discussions. Mr. Patterson stated the staging of it and the amount of information for this element is certainly adequate.
    Cliff Grantham, 114 Dayspring, remarked that residents had been told that they would be able to review any plans before they were submitted to Planning and Zoning or the City Council. He noted just this evening they had been shown the final product. Mr. Grantham expressed concerns relating to storm water run-off. He was hopeful the holding tanks will work. Mr. Grantham also indicated he is opposed to the Dayspring Drive connection. He asked that this issue be tabled until the commercial plans are submitted.
    Mayor Hindman closed the public hearing.
    Mr. Campbell believed this plan had many significant improvements over the plan the Council had seen previously. He particularly liked the addition of the park and the green space that will be a benefit to the entire community. He said the number of apartments has been reduced slightly in order to meet the needs for parking and storm water run-off. Mr. Campbell remarked that he had met with the neighborhood committee two or three times where the architect presented various layouts and architectural alternatives. In both cases, the neighbors clearly expressed their preferences. Mr. Campbell thought those preferences were reflected in the design before the Council this evening. He said the committee was enthusiastic about the park and also about the residential architectural design. He felt the project was ready to move forward, although he would have preferred to see it in one package. Because of the desire to begin grading work this season, Mr. Campbell said he could understand the issue of moving as rapidly as possible.
    Mayor Hindman commented his preference for speed bumps on Dayspring Drive that would reduce the traffic to 15 miles per hour.
    Mayor Hindman made the motion that the approved amendment sheet be amended to include speed calming devices on Dayspring that would reduce the speed to 15 mph. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
    Mr. Janku asked if there would be a future opportunity to address the parking issue at the one location discussed earlier. There was some deliberation as to whether or not the City would have the authority to take any action. Mr. Boeckmann pointed out that there is an ordinance that prohibits the blocking of a sidewalk. If a covenant is added, he said it would be another layer of protection that could be privately enforced. Mr. Boeckmann believed the fact of the matter was that if the driveway is designed in such a way that a car will extend into the sidewalk, this will be difficult to enforce by either the City or the homeowners association. He indicated if it would make the Council feel better, the City could require them to have a covenant. Mr. Boeckmann thought that relying on City enforcement would be the best choice. Mayor Hindman supported the idea of requiring a covenant.
    Mr. Janku made the motion that B396-00 be further amended to add the parking provision to the covenant. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    Mr. John noted that he had been the lone dissenter at the time this plan came through the Council. However, he commented the current proposal meets what was approved and falls within the guidelines this Council sets in relation to design, layout, and densities. Mr. John saw no reason to further oppose it.
    Mr. Campbell explained that the developer would have to meet or exceed the proposal that was made originally when the current zoning was granted. He noted any future plans submitted would be scrutinized very carefully by the staff, Planning and Zoning and the Council.
    B396-00, as amended, was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B397-00     Approving the Schapira O-P Development Plan Phase 2.
    The bill was given second reading by the Clerk.
    Mr. Beck explained the location as being on the south side of Park Avenue, about 1,100 feet west of College Avenue. This request was recommended for approval by both the staff and the Planning and Zoning Commission. Mr. Beck reported the plan provides for more parking spaces to serve a dental office.
    Mayor Hindman opened the public hearing.
    Bill Crockett, an engineer with offices at 2608 N. Stadium, offered to answer questions. He remarked that the plan was presented to the North Central Columbia Neighborhood Association and they were supportive of it.
    Mayor Hindman closed the public hearing.
    B397-00 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. ABSTAINING: CROCKETT. Bill declared enacted, reading as follows:
 

B398-00     Authorizing construction of water main along Barberry Avenue.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this small project consists of replacing 350 feet of a smaller Water District line at an estimated cost of $9,000. He stated that residents being served by this section of line will become City customers. Mr. Beck noted that Water and Light staff worked out an agreement with Consolidated Water District Number One as it pertains to this project.
    Mayor Hindman opened the public hearing.
    There being no comment, Mayor Hindman closed the public hearing.
    B398-00 was given third reading with the vote recorded as follows: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B399-00     Authorizing construction of water main along Sunflower Street; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck reported that this larger project is located in northwest Columbia and is being done in conjunction with new street construction. The proposal calls for 2,890 feet of 12 inch and 725 feet of 8 inch PVC water lines at an estimated cost of $143,000 to be paid out of the Water and Light Fund.
    Mayor Hindman opened the public hearing.
    There being no comment Mayor Hindman closed the public hearing.
    B399-00 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

(A)     Voluntary annexation of property located on the north side of State Route K, west of Old Village Road.
    Item A was read by the Clerk.
    Mr. Beck explained that this approximate 3 acre parcel contains 4 tracts and is currently zoned for single family in the County. Staff recommended permanent R-1 zoning if annexed.
    Mayor Hindman opened the public hearing.
    There being no comment, Mayor Hindman closed the public hearing.
    Mayor Hindman noted that no action is required at this time.
 

(B)     Construction of sanitary sewer improvements serving the Evergreen Acres Subdivision.
    Item B was read by the Clerk.
    Mr. Patterson displayed a drawing of the proposal on the overhead. The total cost of the project would be $183,000 and funding would come from the sewer utility's 80-acre point extension funds in the CIP. Mr. Patterson noted that the actual 80-acre point would be above the property line. Because sewers inside a subdivision are the responsibility of the developer, staff offered to support the request provided the project extended only to the property line. The developer will provide the construction plans, specifications and legal descriptions of the easements necessary to construct the project. Mr. Patterson reported the city will also have to enter into an agreement with Boone County Regional Sewer District because the project will require the replacement of several existing District sewer pipe or sizing. He stated the City will be constructing about 1,100 feet of new 8-inch line up to Evergreen Subdivision. All the properties served by the line are either in the City or included in a pre-existing agreement with Boone County Regional Sewer District. Mr. Patterson said annexation issues would not be a factor in this case. He explained the District would maintain their customers and the City would pick-up new customers that are in Evergreen Subdivision.
    Mayor Hindman opened the public hearing.
    Bill Marshall, an engineer with Marshall Engineering and Surveying, spoke on behalf of the owner of the Subdivision. He offered to answer any questions.
    Mayor Hindman closed the public hearing.
    Mr. Campbell made the motion that staff be directed to proceed with the Evergreen Acres Subdivision 80-acre point sanitary sewer project. The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.
 

OLD BUSINESS
B365-00     Authorizing a right of use agreement with GTE Midwest Incorporated d/b/a Verizon Midwest to
                   allow installation of utility lines across Cosmo Park.
    The bill was read by the Clerk.
    Mr. Beck explained that this bill was tabled from the last meeting so staff could provide more information regarding costs for boring under the two streets. He said the project involves two issues; approval of a right of use permit on the park, and the determination as to how to proceed with the crossing of the roadway -- whether to bore under the road. The estimated cost of the boring is $30,000 for both streets.
    Mr. Malon reported that staff is unsure of what to do on Stadium Boulevard at this point because there has been a recent contract to move forward with a retail development on that side of the road. He explained that there is no way of knowing what the grades will be or how the development will affect the street. Mr. Malon said it is important to get a cable over there, but they will probably have to hold off on a road crossing until it is learned whether there are going to be any grade changes on Stadium Boulevard itself.
    Mr. Coffman asked if that would impact the decision to underground. Mr. Malon said it probably would not make any difference, and depending on what is going to take place, it might almost require an underground crossing across Stadium. Mr. Coffman inquired about cost sharing. Mr. Malon replied that staff figured the phone company and the City would do some cost sharing on the trenching. He said the utility lines could be undergrounded if that was what the Council wants.
    It was suggested that they underground it across the park and hold off on the other part. Mr. Boeckmann pointed out that this bill involves the park only.
    B365-00 was read with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

    Mr. Janku made the motion to direct staff to work with GTE to construct the necessary underground road crossings, with the understanding that the crossing on Stadium Boulevard may be delayed. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
 

B379-00     Establishing Sanitary Sewer District No. 155 east of Medavista Drive and west of Marion Drive.
    The bill was given second reading by the Clerk.
    Mr. Patterson explained that this sewer district is being established to replace a private common collector in accordance with City policy. He reported that the ordinance is necessary to establish legal boundaries of the district. He noted staff met with the property owners in regards to this issue. Mr. Patterson indicated the cost to establish the district to be approximately $60,000, of which half would be paid by the Sewer Utility and the balance paid for by tax billing individual property owners. He pointed out that the project was necessitated by stoppages in the private common collector which have resulted in basement flooding on four separate occasions in the last three years.
    Mayor Hindman commented that the cost per lot seemed high. Mr. Patterson responded staff estimated that the cost would be approximately 26 cents per square foot with the cost ranging per lot from $2,800 to $4,250. Mayor Hindman said this is another example of the larger lots costing the City more money.
    Mr. Beck remarked that this sewer line was not installed properly in the first place. He stated this area was annexed into the City a number of years ago and now it would cost the City approximately $6,000 per lot to replace the sewer.
    B379-00 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B381-00     Amending Chapter 14 of the Code to prohibit parking along both sides of Garth Avenue from
                   Thurman Street to Blue Ridge Road.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this section of road is 20 feet wide. Until the road is reconstructed, parking will remain a problem.
    B381-00 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B382-00     Accepting a grant from the Missouri Department of Public Safety; appropriating funds.
    The bill was given second reading by the Clerk.
    Chief Boehm noted that this $7,763 grant is offered by the Missouri Department of Public Safety and monies would be used to fund a summer youth camp. He noted the program would be an expansion of the Youth Field Day the Columbia Police Department's Crime Prevention Unit has been sponsoring for a number of years. The camp would be primarily targeted toward youth between the ages of seven and twelve.
    B382-00 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B383-00     Implementing a local parks sales tax.
    The bill was given second reading by the Clerk.
    Mr. Beck pointed out that this tax was authorized by the voters on November 7, 2000. Initially, the tax will be one-quarter percent for five years, after which time it will be reduced to one-eighth percent. He said the state will begin collecting the tax April 1, 2001. Mr. Beck reported the money can only be used on park programs.
    B383-00 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B385-00     Approving the final plat of Thessalia Subdivision, Plat 5; authorizing a performance contract;
                   accepting a conveyance of land for a greenbelt.
    The bill was given second reading by the Clerk.
    Mr. Beck commented that this would create 24 R-1 lots. He stated one lot would be dedicated to the City for a future greenbelt area.
    Mr. Janku expressed the Council's appreciation to the developer for planning to donate the land for the greenbelt adjacent to the plat.
    B385-00 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. ABSTAINING: CROCKETT. Bill declared enacted, reading as follows:
 

B386-00     Approving the final plat of McCaleb Subdivision; granting a variance to the Subdivision Regulations;
                   authorizing performance contracts.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that approval was recommended by the Planning and Zoning Commission on a 6-1 vote. However, he noted the Commission recommended denial on the sidewalk variance.
    Mr. Janku thought it was important for the sidewalk to be constructed, and added that he believed the City should be obligated to continue the section along the park.
    Mrs. Crockett asked whether the City would build the section by the park. Mr. Janku indicated that he planned to make a motion at the end of the meeting to direct staff to proceed with such.
    Mr. Janku made the motion that B386-00 be amended to remove the variance language. The motion was seconded by Mr. Campbell.
    Steve Scott, an attorney with an office at 201 Westwood, spoke on behalf of the McCaleb Trust and Premier Bank. He explained that this proposal was primarily before the Council to comply with the City ordinances relating to tract splits. He reminded the Council he had explained the situation earlier this evening. Regarding the variance request for the sidewalk, Mr. Scott explained that no sidewalks exist to the north or the south, including the City's park to the north. He stated there is a sidewalk across the street. He added that this particular subdivision is not being presented for development purposes -- neither the Bank or the Trust have any intention of developing the properties themselves. Mr. Scott noted a significant problem toward the north end of the subdivision (on Lot 1). He pointed out an intermittent stream at this location which will require the construction of a rather substantial bridge to continue the sidewalk.
    Mr. Campbell explained the Council's policy relating to the construction of sidewalks along all public buildings and facilities. With the applicant's goal to subdivide the property, he said one can assume a significant number of houses will be added to the area. Mr. Campbell thought it was logical that there could be a number of children living on the subject tracts that will want to visit the park.
    The motion to amend, which would delete the variance language from the title and Section 3, as well as renumbering Sections 4 and 5, made by Mr. Janku, seconded by Mr. Campbell, was approved unanimously by voice vote.
    B386-00, as amended, was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B389-00     Approving the final plat of Sutherlands Industrial Plaza; granting variances to the Subdivision
                   Regulations.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this plat would create one M-1 zoned lot in northeast Columbia. The Planning and Zoning Commission recommended approval of the sidewalk variance along Paris Road and Dogwood Lane. He said they also recommended a variance relating to right-of-way on Dogwood.
    Mr. Janku asked if the City right-of-way would still extend to the building line of Sutherlands. Mr. Dudark said it would. He further explained that the building was constructed on the right-of-way line and the Board of Adjustment has granted a setback variance. He said it would be consistent with the plat if the Council approves it.
    B389-00 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B391-00     Approving the final plat of Hospital Drive Subdivision, Plat 2, a replat of part of Fellow's Subdivision
                   of part of Fairgrounds Addition to the City of Columbia.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this would combine seven lots into one and that the University is planning to construct a parking structure in the area.
    B391-00 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B392-00     Vacating Lake Street between Hitt Street and Virginia Avenue.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this vacation is related to the previous ordinance.
    B392-00 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B400-00     Authorizing an agreement with Consolidated Public Water Supply District No. 1 for construction of
                   water main along Grindstone Avenue.
    The bill was given second reading by the Clerk.
    Mr. Malon explained that as part of the widening project on Route AC, there is a water main owned by Consolidated Water District No. 1 that has to be moved. Because the line is located in an easement, the Highway Department will only pay Consolidated to move it. However, in the near future the City will take over the water main and the applicable customers. Mr. Malon explained that staff has arranged to pay Consolidated to oversize the water main when it is moved, and at the time it is dedicated, the City will pay the rest of the associated costs of the project to have ownership of the water line. He said there will be a one year period for warranty purposes to ensure the line has been installed correctly. After that, the water main would be conveyed to the City and final payment would be made to Consolidated.
    Mr. John asked how much money would be saved in the long run. Mr. Malon indicated the City would save the costs of having to move the line.
    B400-00 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

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

B377-00     Calling for bids for the construction of improvements at the intersection of Keene Street and
                   St. Charles Road.
B378-00     Confirming the contract of Five D Enterprises for the rehabilitation of the airfield lighting control
                   cables at Columbia Regional Airport.
B380-00     Granting a water line easement to Consolidated Public Water Supply District No. 1.
B387-00     Approving the final plat of BCFPD Subdivision, Plat No. 1; authorizing a performance contract.
B388-00     Approving the final plat of Creative Photo Studio.
B390-00     Approving the final plat of Spring Creek, Plat 2.
B401-00     Accepting easements for electric and water purposes.
R237-00     Setting a public hearing: construction of water mains serving Bearfield Meadows, Plat 1.
R238-00     Setting a public hearing: construction of water main serving Spencer Hills, Plat 2.
R239-00     Setting a public hearing: voluntary annexation of property located on the northeast corner of State
                   Route WW and Rustic Road.

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

NEW BUSINESS
R240-00     Authorizing an agreement with Burns & McDonnell for services associated with various projects at
                   the landfill.
    The resolution was read by the Clerk.
    Mr. Patterson reminded the Council that about $2 million had been budgeted in the CIP for the construction of Cell #3. He noted the project will begin next year with the intention of having it completed by October of 2001. This contract will provide for the engineering and quality control services associated with the construction, in addition to engineering services related to the installation of groundwater monitoring wells that are required for permitting purposes. Also included is the expansion of services to provide for site development grading pertaining to the relocation of an existing equipment maintenance and office building, as well as a new compost pad and materials recovery building. The total cost of this project is not to exceed $168,000.
    The vote on R240-00 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R241-00     Accepting a Domestic Violence Enforcement Grant.
    The resolution was read by the Clerk.
    Chief Boehm explained that this federal grant from the Department of Public Safety is in the amount of $86,463. He noted this is the fourth consecutive year the City has been given the opportunity to renew the grant. Chief Boehm reported that the grant provides full salary and benefit package funding for two police detectives that are assigned to the City's Domestic Violence Unit. He remarked that this is a very unique program in that there is also a Boone County Sheriff's Department Deputy that works in the unit. Chief Boehm commented on the collaborative efforts with the Boone County Prosecuting Attorney's Office and The Shelter in dealing with domestic violence issues. He believed this has been a very successful program.
    The vote on R241-00 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R242-00     Authorizing an agreement with Stephens College to lease the Stephens Lake property.
    The resolution was read by the Clerk.
    Upon voter approval of the ballot issue to purchase the Stephens Lake property, Mr. Beck explained he has been working on both long and short-term arrangements for the use of the property. He stated this is an interim agreement which will allow the City to utilize the property almost immediately for a nominal amount of $10. Mr. Beck was hopeful to have the lease-purchase agreement worked out by the first meeting in February.
    With respect to the eventual use of the property, Mr. Janku said different options had been discussed. He asked when public hearings would be held before the Parks and Recreation Commission and then before the Council. Mr. Beck responded he will submit a report to the Council for their approval on how to proceed with developing a final plan for the permanent use of the property. He indicated the goal is to have a lot of public input in the process. He was hopeful to get a report to the Council in the near future.
    Mr. John pointed out that Stephens would continue to use the property during the interim period, which did not present a problem to him. However, in paragraph five of the agreement, he noted that the City would hold Stephens harmless for any acts of its employees, officers, agents, etc. He questioned the fairness of that since Stephens will be continuing to use the property. Mr. John inquired as to whether the College should hold the City harmless for any acts of its officers, employees, agents, and etc. Mr. Boeckmann pointed out that the City will be renting the property for $10. He said he did not see the liability as a big deal. He thought the biggest liability will be from the public going onto the property. Mr. Boeckmann reported that Stephens wanted to be relieved of that liability -- otherwise they do not want the public to have access to the property.
    The vote on R242-00 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

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

B402-00     Accepting a donation for the acquisition and training of a canine for the Columbia Police Department;
                   appropriating funds.
B403-00     Accepting easements for electric and water purposes.
B404-00     Authorizing construction of water mains serving Bearfield Meadows, Plat 1; providing for payment of
                   differential costs.
B405-00     Authorizing construction of water main serving Spencer Hills, Plat 2; providing for payment of
                   differential costs.
B406-00     Accepting easements for drainage, sewer, street and utility purposes.
B407-00     Approving the engineer's final report for the Hinkson Creek Trail Phase 1 Project.
B408-00     Authorizing Change Order No. 1; approving the engineer's final report for construction of the North
                   Parklawn Court Drainage Project.
B409-00     Authorizing Change Order No. 1; approving the engineer's final report for construction of the
                   Providence Road Sidewalk project.
B410-00     Approving right of use permits authorizing the University of Missouri to perform utility work within
                   City rights-of-way.
B411-00     Voluntary annexation of land located on the north side of State Route K, west of Old Village Road.
B412-00     Granting a variance from the Subdivision Regulations relating to sidewalk construction along
                   Ridgeway Avenue, Mikel Street and Sexton Road.
B413-00     Amending Chapter 25 of the Code as it relates to sidewalks.
B414-00     Vacating a portion of a sewer right-of-way located across Lot 11 of Fellows Subdivision.
B415-00     Eliminating the Risk Management Advisory Committee.
B416-00     Approving the final plat of Bearfield Meadows; authorizing a development agreement and a
                   performance contract.
 

REPORTS AND PETITIONS
(A)     Street Closure Request.
    Mr. Campbell made the motion that the request be granted as written. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

(B)     Parking Issues.
    Mr. Campbell made the motion that the issue be referred to the Planning and Zoning Commission for their review and report back to the Council. The motion was seconded by Mr. Janku.
    Mr. Janku asked whether Mr. Campbell would be willing to include auto repair businesses in his motion. Mr. Campbell agreed.
    The motion made by Mr. Campbell, seconded by Mr. Janku, was approved unanimously by voice vote.
 

(C)     Austin Avenue - Parking Restriction.
    Mr. Beck explained that students parking on this street has become a problem. He stated that staff recommends that parking be restricted on the south side of Austin Avenue from the hours of 8:00 a.m. to 3:00 p.m. on days when the school is in session.
    Ms. Crayton made the motion that staff proceed with the restriction. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

BOARDS AND COMMISSIONS
    None.

COMMENTS OF COUNCIL, STAFF, AND PUBLIC
    Mr. Campbell made the motion that staff be directed to review the report regarding leaves being picked up as part of the curbside program, and that they report back detailing associated costs for such. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    Mr. Janku made the motion the staff be directed to review the issue raised earlier relating to the City constructing a sidewalk in front of Oakland Park, immediately north of the McCaleb Subdivision, and the possibility of extending the walk further south to Holly or possibly Vandiver. The motion was seconded by Mr. Hindman and approved unanimously by voice vote.
    Mr. Janku noted that under the sign ordinance, certain arterial streets are designated as a collector status in terms of signage because of adjacent residential or other qualities. He stated that a portion of Providence Road, between Broadway and Stadium Boulevard, is included in that category.
    Mr. Janku made the motion that Providence Road, north of Bear Creek, be included in the collector category, and that the issue be referred to the Planning and Zoning Commission. The motion was seconded by Mr. John and approved unanimously by voice vote.
    Mayor Hindman remarked that he was shown some alleys in the first ward running east and west from Providence Road to Garth Avenue. He noted that from Providence Road to Austin, the alleys are maintained. After that, he said they become jungles. Mayor Hindman remarked that it is apparent the City is maintaining the alleys for two blocks, but he was curious as to why the rest were not being maintained. He asked what responsibility the City has. Mr. Janku wondered if the owners could be tax billed like they are for weed nuisances. Mr. Campbell thought that the city should either maintain the alleys or abandon them.
    Mayor Hindman made the motion that staff report back on the alley situation. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
    In reference to the issue raised earlier pertaining to the Energy & Environment Commission, Mayor Hindman explained that staff has been reviewing some of the City's Boards and Commissions on the Council's behalf. He thought this Commission should also be reevaluated.
    Speaking from experience, Mr. Campbell assured the Council that having a Commissioner serve on more than one committee was asking a lot. He suggested that the Commission be restructured.
    Mayor Hindman made the motion that the Energy & Environment Commission issue be added to the other Commissions being reviewed. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mayor Hindman was not sure that the new Library location has been signed well enough. He suggested that a few signs be put up so people would know where the temporary location is. There was a discussion as to who that responsibility belonged to. Mayor Hindman believed that since the Library is a major City asset, he thought the City should identify it.
    In relation to the DOVE grant that was accepted by the Council earlier in the meeting, Mayor Hindman remarked that he was thinking about the possibility of forming a Domestic Violence Task Force that would involve various social workers, the Police, and the Prosecutor's Office. He indicated that he spoke to Commissioner Stamper about possible County involvement and the suggestion was met with a favorable response. Mayor Hindman asked the Council to give his idea some thought and reported that he would probably come back with a proposal.
    Mr. Campbell suggested that Mayor Hindman work through the City's Office of Community Services because similar task forces already exist. He thought City staff could provide good advice as to who might be of the most help.
    Fred Springsteel, 311 Longfellow, thanked the Council for agreeing to reassess the structure of the Energy and Environment Commission. He offered to work with the staff on it. Mr. Springsteel also spoke about the naming of Stephens Lake Park. He believed that the word "college" should not be included in the new name.
    The meeting adjourned at 10:40 p.m.

                                                                                            Respectfully submitted,
 
                                                                                            Penny St. Romaine
                                                                                            City Clerk