M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
APRIL 2, 2001
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, April 2, 2001, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council members CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN and HINDMAN 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 March 19, 2001, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mrs. Crockett.
 

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 R70-01 and R73-01. The motion was seconded by Mr. John 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. Campbell.
 

SPECIAL ITEMS
    None.
 

SCHEDULED PUBLIC COMMENTS
1. Urban Wussler - Deposit Ordinance
    Urban Wussler, Bluff Boulevard, spoke about the Council motion that was made at the last meeting which would allow the Mayor to appoint a group of individuals to study the deposit law. He explained that his group feels strongly that the committee should be comprised of people with complete open minds and unbiased opinions. Mr. Wussler stated that no representatives from his group, nor anyone from Columbians Against Throwaways, the Sierra Club, The League of Women Voters, or any other individual or groups who have strong feelings about retaining/repealing the deposit law should be appointed to this committee.
    Mayor Hindman stated that he is rather proud of his record in appointing commissions. He assured he would make appointments to this committee as fairly as he had others in the past.

PUBLIC HEARINGS
B98-01     Approving a C-P and O-P Development Plan; rezoning a portion of Westbury Village from PUD-12
                 to O-P; granting variances.
    The bill was given second reading by the Clerk.
    Mr. Dudark displayed the property in question on the overhead. He explained there are two issues before the Council tonight; a small rezoning of a partial acre that was simply not caught in the original platting of the property, and approval of the O-P/C-P site plan.
    Mr. Dudark reported the rezoning request is a non-controversial change from PUD-12 to O-P. The Planning and Zoning Commission unanimously recommended approval of this request.
    In reference to the O-P/C-P development plan, Mr. Dudark stated that the Planning and Zoning Commission held two hearings on this issue. The Commission was concerned about the amount of traffic which would be generated by the proposed office and commercial development. The result to address the traffic situation involves extensive improvements to the intersection, including a five lane section of Smith Drive. Mr. Dudark said there will be an entrance lane, two left turn lanes northbound onto Scott, a thru lane to Rollins and a right turn lane going south on Scott. He explained that the Commission felt these changes are not in character with the surrounding residential area. The Commission voted 5-2 against the motion to approve the O-P/C-P development plan. Mr. Dudark summarized the conditions that were included in the motion.
    Mr. John requested that Mr. Dudark outline Phase 1 of the development. Using the map, he explained the location of the PUD development and noted that it includes 50 townhouse type dwellings out of the total 200 residential units.
    Mr. Janku asked about linking building permits to development rather than to occupancy permits. Mr. Dudark explained the recommendation to be a simultaneous construction of 80,000 square feet of commercial, office and retail when 26 of the 50 residential units are being built. He said occupancy permits could be issued on the first 26 residential units, but then no more building permits could be issued for commercial development until the remainder of Phase 1 has been fully completed and occupied, or at least certificates of occupancy issued for the remaining 50 residential units. Mr. Janku asked if there was anything requiring the initial 26 units to be occupied before the retail is occupied. Mr. Dudark said there was not, just building permits issued for the first 26. Once that is done, the first 80,000 square feet of commercial and retail development could start. Mr. Janku noted that just getting the building permits does not indicate they would be built. Mr. Dudark said it would not, but staff felt it was a substantial commitment because they would have the design of the project and the building permit fees that would be paid before the permits could be issued.
    Mayor Hindman opened the public hearing.
    Glen LeRoy, an architect with Gould, Evans, Goodman Associates, presented the proposal via Power Point. He said the site plan conforms to the zoning request that was approved. He noted that it meets City and MoDOT traffic standards and requirements, Public Works site and storm water management requirements, and adheres to the design parameters that were submitted at the time of zoning. Mr. LeRoy summarized what has been proposed and what has been approved. He noted that the 206,000 square feet of office and commercial being proposed this evening is less than what was already approved. Mr. LeRoy pointed out the commercial layout and identified the main drive which the retail will be oriented around. He said the configuration of the site plan and development are very similar to what was originally proposed with only the intersection at Scott and Smith being adjusted. He explained that MoDOT required a median placement so automobiles could have a stacking area, which necessitated alteration of the O-P area. He said they also added a green lane moving north and south through the site. Furthermore, Mr. LeRoy remarked that the plan as originally proposed contained numerous greenways and buffers within the built environment.
    Rich Kniss, with Gould, Evans, Goodman, explained the lighting component of the project. He indicated that they have ensured that it will not encroach into the neighboring areas. He said they had also worked hard to maintain the architectural character of the area to be consistent with the residential component of the project. He noted that they have incorporated residential units above the commercial spaces. Mr. Kniss concluded by saying that they have met the expectations of Exhibit D and the guidelines of the zoning ordinance.
    Mayor Hindman asked about the appearance of the grocery store. Mr. Kniss responded that he did not have a rendering of the structure, but it would be similar in character and nature to the other proposed buildings.
    Dave Bennett, Engineering Surveys and Services, reiterated some of what Mr. LeRoy had said regarding the development meeting all City, state and federal requirements. In reference to the Goodin Branch Creek, he noted that the U. S. Army Corps of Engineers determined that this project was not within their jurisdiction and no permits would be required. Mr. Bennett passed out a handout containing a summary of the different components within the C-P, O-P and PUD-12 developments. He pointed out that all of the densities previously approved with the zoning had actually decreased. In regards to the parking variance, Mr. Bennett said they have had success in other commercial developments with the amount of parking being requested for this project. He agreed with staff in that the current requirements are on the high side.
    Mr. Janku asked about the detention pond -- he understood it would be dry most of the year. Mr. Bennett said it would be an amenity to the site and would actually be a retention facility.
    Mayor Hindman noted that the 44 townhouses have been eliminated and 30 apartments have been added. He asked if that was a marketing decision. Mr. LeRoy replied that was the nature of where the units go. He said they are all more or less townhouses now. He said everyone will have a front door to the street and not a kind of typical apartment building. The units will be designed in different phases and the major difference is whether or not they are three bedroom townhouses or two bedroom condominiums. The first 26 are generally the one and two bedroom units.
    Jeff McCarrah, a traffic engineer with Trans Systems Corporation, showed simulated traffic patterns in the area 20 years into the future. It depicted peak conditions during morning commuter rush hour and conditions during the evening peak hour. Mr. McCarrah indicated the corridor will operate within current state guidelines as well as 20 years in the future. He explained the reasons for the dual left turn lanes coming out of Smith Drive at Scott. He reported that MoDOT is asking that only one full access driveway be at this location.
    Joseph Tosini, indicated that he has owned this property for twelve years. He stated that he has been negotiating development of it for the past four years. Mr. Tosini related that they are just a few weeks away from the construction documents being completed for the residential portion of the development, and the construction documents on the commercial portion have not been prepared yet. He spoke about the huge investment in the residential portion of the development. Based on the studies that have been done and all the professional advice they have sought out, Mr. Tosini indicated that he is prepared to enter into an agreement to assure the linkage between the residential and commercial developments will occur. He said the agreement will go with the land.
    Craig VanMatre, an attorney with offices at 1103 E. Broadway, spoke as attorney for the developer. He thought the only concern should be whether there should be linkage and, if so, exactly what type of linkage there should be between the residential and commercial component. He stated that they are willing to say they will not go above 80,000 square feet on the commercial without having certificates of occupancy for the 26 residential units. He said they are also willing to say they will stop at 120,000 square feet on the commercial until they have constructed the roadway along the north side of the property which creates the residential lots along the north boundary that abut the King's Meadow Subdivision. Until that road is in and those lots are ready for sale, Mr. VanMatre said they will not go above 120,000 square feet on the C-P/O-P portion. He did not think it was fair to insist that the 50 residential units be constructed as a condition to building the commercial. He also said it is not authorized by the ordinances.
    Mr. Campbell said he had raised the issue of traffic control at Dayspring Drive because he wanted to protect the area. Because of his concern, Mr. Van Matre passed out a prepared sketch showing both a traffic table (designed to slow traffic down to approximately 10 mph) plus a roundabout at the entrance to the development at the Dayspring Drive location. He said they are willing, as part of their deal with the City, that it also be part of the requirements for this development. Mr. LeRoy added that it is a conceptual diagram that calls for the small roundabout and some form of speed table to reduce traffic to 15 mph.
    Mr. John asked about the phasing of the park and amenities. Mr. LeRoy said the 1.5 acre park will go in initially with the streets that surround it. He said they could not bring people to units to sell them without the streets in place. Whether or not the pool and the clubhouse will be constructed before the 26 residential units are built is a question because it all depends on how fast they are absorbing it. They felt the park will be a major amenity that will be attractive to people. Mr. VanMatre said the park, streets, and 26 residential units will be put in simultaneously. Mr. John asked about the clubhouse. Mr. VanMatre said their intention was the clubhouse, the 26 units, and the park would get them the 80,000 square feet. He said they would get to 120,000 by doing the street along the north side.
    Cliff Grantham, 114 Dayspring, reviewed past statements made regarding this development. He was led to believe that this development would be much smaller than what has been illustrated this evening. He noted that one of the Planning and Zoning Commissioners had said the size of the development was something he would expect to see downtown and not in a residential area. Mr. Grantham wondered why it was so large, especially since the Hy-Vee development is within a mile. He said it appears to be saturation commercialization.
    Bob Avali, 408 Parkwood Court, wondered what the Council could see about this development that the residents are missing. He asked each member to vote their conscience.
    Tony Prato, 212 Dayspring , President of King's Meadow Neighborhood Association, spoke in opposition to the development. He concurred that the project will be much larger than first anticipated. With five lanes coming out of Smith Drive, he said it was clear they would no longer have a walkable development, but one that will draw from a much larger area. The neighborhood sees the project as a traffic magnet. Mr. Prato noted that the Metro 2020 Plan identified something in the 30,000 to 70,000 square foot range would be much more appropriate for a residential community. He wondered if the approved zoning plan actually binds the Council to the square footage given in the approved zoning plan. It was his understanding that Mr. Boeckmann feels it does bind the Council; however, residents feel it binds the developer. Mr. Prato thought the plan was workable, but much too large for the area.
    Karl Skala, 5201 Gasconade, wondered why the Council would pass the Metro 2020 Plan if it was not going to be followed. He pointed out that the boutique grocery store Cherry Hill was considering is now threatened by the Hy-Vee grocery store and another sizeable one nearby.
    John Clark, 403 N. Ninth, spoke to the process by which the scale of this project was approved by the Council. He said it is a very familiar practice in Columbia to have major things submitted on the very last day at the very last hour. He said it puts the City and the developer at risk. Mr. Clark commented the manner in which that was done really suggests there may be federal and state constitutional issues for due process and equal protection. He suggested the City seek a declarative judgment to affirm that the Council's action and the Counselor's opinion was correct, and that the scale restriction really is part of the plan and was not subject to review by the Planning and Zoning Commission.
    Mayor Hindman closed the public hearing.
    Mr. Boeckmann explained that the ordinance that was passed establishing the zoning adopted a lengthy letter that Mr. VanMatre wrote as a condition. He said there were square footages put in it, but they were listed as maximums. Mr. VanMatre's position at the time was that it would impose restrictions on the developer and not on the City. Mr. Boeckmann said his own opinion was the same. He said the City is not bound to allow that much, it was not a minimum, but a maximum.
    Mr. Campbell reported that after the zoning for the Westbury tract was established, he had met with the neighborhood at an open meeting. As a result of that meeting, he said a committee comprised of some of the neighbors was formed and this group met with the developer on at least three occasions. He said the committee met twice regarding the residential area and the third meeting pertained to the commercial development. Mr. Campbell vaguely remembered six neighborhood people being present at that time. He said Mr. LeRoy had told them at that time that the maximum approved by the Council was an awkward size. He said they actually needed to have a larger commercial development in order to attract national tenants. Mr. Campbell indicated that all of the people in attendance, with the exception of himself, voiced support for going larger than what had been proposed in order to have such tenants as Gap and other national brands available to them in their neighborhood. He had been the only one in disagreement. As a result of that meeting, he explained the agreement was made that the developer would try for a limited period of time (6 months) to develop the larger scale. If he could not, he would come back with a smaller scale. Mr. Campbell understood that is what has been brought back, the smaller than agreed upon maximum. He said it is true the group had not met since that time to discuss this particular layout.
    In regards to the buffer between the neighborhood to the north and the commercial development, Mr. Campbell said he has been concerned about it and that was why he was pushing for getting it moved up higher on the priority list.
    Mr. Campbell spoke to the references made to the Metro 2020 Plan. He said the divisions that were put in it were arbitrary and nobody knows if they will work or not. What they have to know is whether these sizes are economically feasible. If they are not, he said those things are meaningless and until we have some experience with some of the sizes, we will not know what sizes constitute the different designations. Mr. Campbell said this particular development would be better located at the intersection of two arterial streets. If that is true, he commented that would preclude any walkability as far as a neighborhood connection because of the four plus lanes of traffic.
    Regarding the five lanes of traffic at Smith Drive, Mr. Campbell noted that largely came about as a result of MoDOT's requirement that all traffic be located at one point rather than at two access points as had been earlier discussed.
    Mr. Campbell said if this development is economically successful, it will be an asset to the community. Should the size of the office and commercial areas be reduced to 100,00 or 150,000 square feet and it is not successful and the buildings go vacant, it would be a major negative asset to the community. He said it is to the City's benefit to try to make these developments of a size that will be economically successful.
    Mr. John noted that he had voted against the plan; however, it was approved by the Council. He saw the question as whether or not the plan meets with what was approved. Mr. John thought that this plan does that. He said the plans have not changed much in the last three years. Mr. John realized there would be a lot of traffic coming in and out of the commercial center. He said it has nothing to do with mixed use or neighborhood market places. However, he said a lot of that traffic will be coming off of Louisville Drive, which will connect Gillespie Bridge (an extension of Scott Boulevard) to the neighborhoods on Smith Drive. Mr. John indicated that is why, 20 years from now, this will become a heavily used intersection. He believed the arterial run to the north from there will be Stoneridge Parkway as a potential extension of Broadway.
    Mayor Hindman saw this as a progressive plan compared to what the Council has generally seen. He thought the architecture was superior to anything he has seen come forward with possibly one exception. Mayor Hindman observed the development will contain a lot of greenspace by comparative standards, has walkability aspects to it, and he thought it would do quite well and be considered an asset when it is built. Regarding the linkability, he was concerned about what the City could do to assure it really does end up being as much of a mixed use as possible. He believed the proposal contained a fair enough set of conditions.
    Mrs. Crockett felt the bottom line is that the project must meet all requirements of the City ordinances.
    Mr. Janku shared the concern about the size of the development, but he thought the developer has met exacting standards in terms of quality of the project. To do that, he would obviously have to generate some money to pay for it. Mr. Janku thought the size is somewhat related to that.
    Mr. Campbell made the motion that B98-01 be amended by changing Section 1 (b) to add a second sentence to read as follows: "No building permits for more than 120,000 square feet will be issued until Village Park Commons is put in place and the lots are subdivided on the north side of Village Park Commons."
    Mr. John asked that Section 1 (b) include the 1.5 acre park and clubhouse.
    Mr. Campbell further motioned that subsection (d) be added to Section 1 to read as follows: "There shall be a traffic calming device on Dayspring Drive to inhibit thru-traffic and other devices, such as a roundabout, as needed and approved by staff."
    Mr. Janku noted a suggestion by Mr. VanMatre which they may or may not include. The suggestion was to change the 26 occupancy permits versus having a complete build out of Phase I before going beyond the 80,000 square footage.
    Mr. VanMatre thought the motion was right. (The next few sentences are the verbatim remarks by Mr. VanMatre.) "The last sentence in there we object to because the last sentence, Phase I is drawn on there, it shows 50 units. So, if you leave the last sentence in there, that is something we can agree to. I think if you delete the last sentence and replace it with what Rex said, that is what we agreed to."
    Mr. Janku did not know the last sentence was deleted. Mr. Campbell said he did.
    The motion made by Campbell, with the addition by Mr. John, was seconded by Mrs. Crockett.
    Mr. Janku asked Mr. Boeckmann for a summary.
    Mr. Boeckmann said the reference to the park and clubhouse will be inserted into the first sentence of Section 1 (b). He summarized the change to the second sentence in this section will stipulate before permits are granted for more than 120,000 square feet, Village Park Commons has to be put in place and the lots adjacent to it have to be platted. He stated subsection (d) will be added to Section 1 about the traffic calming device on Dayspring Drive.
    The vote on the motion to amend was approved unanimously by voice vote.
    B98-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B100-01     Establishing permanent R-1 zoning on recently annexed property located north of Mexico Gravel
                   Road, east of Benedict Road.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the request on this five acre tract was recommended for approval by both City staff and the Planning and Zoning Commission.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B100-01 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B101-01     Establishing permanent R-1 and R-2 zoning on recently annexed property located on north side of
                   Route K, west of Old Village Road.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this request is for an approximate three acre tract of land. The owners are requesting that 2.44 acres be zoned R-1 and .69 acres be zoned R-2. The Planning and Zoning Commission recommended approval, on a 4-2 vote, that all of the property be zoned R-1.
    Mayor Hindman opened the public hearing.
    Gregory Linn, 1051 W. Highway K, explained that he lives on Tract B. He further explained that he would like to be able to rent out the basement to offset the costs of a sewer line being extended to the tract.
    Mr. John noted that the present zoning is County R-1. He asked if there was ever an apartment in the dwelling. Mr. Linn said there was not, but added that it is plumbed and wired for it.
    Mayor Hindman closed the public hearing.
    Mr. John said if this had been an active duplex or R-D zoning in the county, he could support granting the R-2 zone in the City. He pointed out that the property could support three duplexes, for a total of 6 units, if the R-2 was granted.
    Mayor Hindman noted that the property has a driveway onto Route K which he said would add to the difficulty.
    Mr. Campbell commented that he would vote against the R-2 request because it would be spot zoning.
    Mayor Hindman made the motion that B101-01 be amended by changing the end of Section 1 to R-1, and by deleting from the title the reference to District R-2. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
    Mrs. Crockett made the motion that B101-01, as amended, be tabled to April 16, 2001. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
 

B102-01     Establishing permanent R-1 zoning on recently annexed property located on the south side of Old
                   Plank Road.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the zoning request on this one acre tract was recommended for approval by both the staff and the Commission.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B102-01 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B103-01     Rezoning property located on northeast corner of Rangeline and Wilkes from C-1 to C-P.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained that the request for C-P is to allow for C-2 bulk in setbacks. He noted that the building sits on the property line and has no on-site parking. He reported the City agreed to the sale of just the building, not any land around it. Mr. Dudark noted some business owners to the south expressed concern about the parking situation. They believed people utilizing this facility might park in their lot. The conclusion was that the parking lot was private property and it could be signed so cars could be towed. Mr. Dudark indicated there is some on-street parking as well.
    Because this property was a grandfathered use, Mr. Janku understood the applicants would not have to come forward with a C-P plan to begin using the property. Mr. Dudark said that was correct. He explained that it had been determined that there are no plans for expansion or construction to the building. As there will be no physical changes to the property, there is no real requirement to have a drawing to go with it.
    Mayor Hindman opened the public hearing.
    Rod Stevens, attorney for the applicant with a business address of 11 N. Seventh Street, reported that in reference to the parking situation, representatives from the Human Development Corporation spoke to the concerned business owners and they are now satisfied with the situation. Mr. Stevens noted that the facility will be used as a community center, and added that it does not make any sense to have a community center and alienate the neighbors.
    Mayor Hindman asked when work would begin on the building. John Clark replied that as soon as funds are raised, they would begin on the outside cosmetic work (some window and awning work). He explained that they have been unable to do anything until the zoning was in place. With tonight's vote, he said they are hopeful to get to work. Mr. Clark summarized the different grant opportunities the group has been exploring.
    Mayor Hindman closed the public hearing.
    B103-01 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B104-01     Rezoning property located on north side of E. Texas Avenue, east of N. Garth Avenue, from R-1 to
                   O-1.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that additional information has been received on this issue which was forwarded to the Council.
    Mr. Dudark explained that this residentially zoned property houses a daycare which limits occupancy to ten children. The request for O-1 zoning would allow an increase of up to 20 children. The Planning and Zoning Commission was concerned about open O-1 zoning because it allows a lot of other uses. They thought planned office would be more appropriate, or even R-2 residential which would allow a day care center with a conditional use permit. If there are no physical plans to expand the building, Mr. Dudark said there really would not need to be an O-P site development plan. If that is not the case, the O-P zone would trigger the requirement for a site development plan to be submitted before the expansion could occur. He noted that a site plan would also be necessary with an R-2 zone because the Board of Adjustment would have to grant a conditional use permit for the daycare. In either case, there would be a public hearing.
    Mr. Janku noted that the site plan for an R-2 conditional use would not have the same level of detail or cost as that required for an O-P plan. Mr. Dudark said it varies with regards to the extent of the physical changes required. He said some of the drawings could also be used to obtain the building permit.
    Mayor Hindman opened the public hearing.
    Rebecca Mohr, owner of 13 E. Texas, home of Kids Klub House PreSchool, explained that she has worked in daycare for the last 12 years, in the current location for four and one-half years. She explained that Kids Klub House is accessible from a private drive off of Texas. Ms. Mohr indicated there is double car parking circle in front of Kids Klub House that can accommodate 14 cars. She said there is no traffic off of Texas that they interfere with. After consideration, Ms. Mohr asked that their request be changed to R-3 zoning instead of O-1. With an R-3 zone, she would not have to apply to the Board of Adjustment for a conditional use permit. She explained that she is working against a deadline to apply for a early childhood education grant. The application is due April 6, and Ms. Mohr stated she would like to get the zoning tonight if possible.
    In talking with Ms. Mohr earlier, Mr. Janku understood the building could accommodate additional children. Ms. Mohr reported that the building currently contains 997 square feet, and requirements call for 35 square feet per child. Looking to the future, she said they would like to build a room on the north side of the house. Mr. Janku explained that this legislation could be amended to reflect O-P zoning, but the final vote would have to be delayed by two weeks because it would be considered a substantive change. He said the same would be true if the bill was amended to reflect R-3 zoning.
    Bonnie Gordon, 1803 George Court, Apt. B, explained that she owns the duplexes to the north of the property in question. She thought an R-2 zone would be more suitable for the property. Ms. Gordon did not want office zoning in the area.
    Mayor Hindman closed the public hearing.
    Mr. Janku indicated he wanted to accommodate the interests of the daycare operator and allow her to expand while at the same time protect the development in the area. The problem he saw with O-1 zoning is not necessarily that some of the uses are so offensive, but under the pyramid zoning scheme, O-1 permits R-3 zoning. He understood the R-1 property to the east of this tract to be for sale and potentially subject to redevelopment. If the Council were to grant the R-3 or O-1 zoning, he thought they would be hard-pressed to turn down anything equally as open and dense in the neighborhood. Mr. Janku believed the correct zone to be either R-2 or O-P. He thought Ms. Mohr's immediate needs could be met with the O-P zone.
    Mr. Janku made the motion that B104-01 be amended to show O-P with all permitted R-1 uses and a child daycare center. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
    Mr. Janku made the motion that B104-01, as amended, be tabled to the April 16, 2001, meeting. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
 

B108-01     Authorizing construction of water main serving Ewing Industrial park; payment of differential costs.
    The bill was given second reading by the Clerk.
    Mr. Beck pointed out that this is a fairly small project which involves a larger sized water main. The recommendation is for a 16" main which will be paid for by the developer. The City would pay the differential costs in the amount of $1,661 out of Water and Light funds.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B108-01 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

(A)     Voluntary annexation of property located south and west of Hickam Court, north of Old Plank Road.
    Item A was read by the Clerk.
    Mr. Beck explained that this voluntary annexation request consists of a six acre tract in south central Columbia involving five lots. The plan is to seek permanent R-1 zoning. All departments have reviewed the request.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
 

OLD BUSINESS
B99-01     Approving final plat: Gas Light Industrial Park Block II; granting variance.
    The bill was given second reading by the Clerk.
    Mr. Dudark showed the location of the property on the overhead and explained that it is a subdivision plat for one lot. Both sidewalks required would be five feet wide and would have to be put in prior to construction on the lot unless the Council approves the variance request. Subdivision regulations provides that the Council could grant a variance subject to the payment of the cost of standard sidewalk construction or an alternate walkway system. He noted the Council received a letter from the applicant's attorney indicating they are offering payment of $2,500 in lieu of having to construct a sidewalk. Mr. Dudark said the staff calculated that it would cost approximately $13,000 for two sidewalks at that location. He reported the Council received another letter stating that if the offer of$2,500 was not accepted, the applicant would withdraw the plat.
    Mr. Janku asked about the construction timing of 763. Mr. Beck replied that it is on MoDOT's right-of-way plan; however, no funding has been made available for its construction. He noted the City submitted priority projects to the state, and the widening of 763 was included on this list. Mr. Janku asked if it is known how wide it will be. Mr. Dudark responded that staff has not been told how wide it will be, but it is expected to be a four lane section with maybe a left turn lane at major intersections where there would be traffic lights, and perhaps a median.
    In lieu of the fact that the future of 763 is that it will potentially be widened, Mr. John asked if the owner gave up any frontage to extra right-of-way. Mr. Dudark believed the applicant included additional right-of-way dedication on 763 to make it 40 feet from the centerline right-of-way. Mr. John questioned how much this added up to. Mr. Montgomery responded that 15 feet of additional right-of-way was given. Mayor Hindman asked if that was enough space for four traffic lanes and sidewalks. Mr. Dudark thought there would be ten feet left for sidewalks.
    Mr. Beck asked about a right-of-way plan. Mr. Montgomery said the state has done some survey and manuscript work, but it is very preliminary at this stage. He indicated that he has not seen any documents. Mr. Montgomery thought it looked like there would be a 55-foot half width along Lot 1. If another 55 feet was given on the west side of the centerline, that would be 110 feet which is in the ballpark of what would be needed to build a four or five lane road with a median or center turn lane, in addition to sidewalks on both sides.
    Mrs. Crockett pointed out that the Planning and Zoning minutes reflected that a commissioner thought a sidewalk was not needed at this location, but asked that some kind of a contribution be made. The applicant has agreed to a $2,500 contribution.
    Mr. Janku asked about the cost of an alternative walkway. Mr. Dudark did not have any cost estimates, but thought it would be substantially less than a sidewalk. He said it would probably have to be an asphalt walkway with a gravel base.
    Tom Bass, 909 Westover, explained that he is one of the property owners and passed out pictures of the lot. He noted that it is in the middle of nowhere. He said if a sidewalk were to be built, this would create 5,000 feet of impervious surface area which would contribute to storm water runoff. Mr. Bass said he could appreciate having a walkable neighborhood, but thought to be walking or biking up and down 763 would present a safety issue. He thought the $2,500 would better serve other areas of the community at this time. If 763 is widened to four lanes with a left turn lane, Mr. Bass believed that sidewalks would be appropriate.
    Mrs. Crockett suggested that the Council grant the variance on this particular piece of property because there is no other sidewalk network in the area.
    Mr. Janku noted that sidewalks had been constructed on 763, south of Blue Ridge when it was widened. He said it is a heavily traveled pedestrian area because of the trailer courts. Mr. Janku thought a more appropriate time for walks would be when the street is widened and improved. At that time, he said the City will bear the cost because the state will not pay it. If there was some way to defer this plat until the City got to that point, it would be great. At that time, they could wrestle with the issue of tax billing and for whatever federal grants we might be eligible.
    Mr. John noted that we can always tax bill the property owners for improvements. He reported an additional 15 feet of right-of-way for 415 feet amounted to about 4,347 square feet, and at $3.00 per square foot, this comes to about $13,000 which the applicants will be donating as right-of-way. He said that happens to be about the cost of the sidewalk. If MoDOT tries to acquire the right-of-way later, it will be at a higher price because it will be later in time, and they will have to condemn it and buy it from them. By getting the additional 15 feet of additional right-of-way donated to the City today, Mr. John said we are actually better off, and if we take the $2,500, we will be much better off.
    Mr. Janku asked if the City would waive our future rights to tax bill for the improvement if we do any of these things. Mr. Boeckmann did not think so if the Council were to grant the variance. If they accepted the money, it was more than likely they would be. Mr. Boeckmann suggested a condition that would stipulate the property owner is required to contribute $2,500 which will be a credit toward any future sidewalk tax bill.
    Mayor Hindman was not convinced that requiring sidewalks at this location was a useless gesture. On the other hand, he recognizes the practicality of it. He thought Mr. John made a good point about the right-of-way being contributed, and thought if the Council accepts the $2,500 and does not give up the right to tax bill, that it may be a fair solution to the problem.
    Mayor Hindman made the motion that B99-01 be amended by changing Section 3 to add a sentence as follows: "The variance is conditioned on the property owner paying the City $2,500 which shall be a credit toward any future sidewalk tax bill for the property." The motion was seconded by Mr. John and approved unanimously by voice vote.
    B99-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B109-01     Appropriating funds: purchase of a used locomotive for the Columbia Terminal.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that the bid received for this used locomotive was $136,000. Funding for the purchase would come out of Water and Light funds and would be paid back over a period of ten years. Mr. Beck indicated this acquisition would provide a second locomotive to pull trains on the short line railroad in northeast Columbia. The Railroad Advisory Board recommended approval.
    B109-01 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B110-01     Appropriating funds: donation from the Travelers Protection Association.
    The bill was given second reading by the Clerk.
    Chief Boehm explained that the Association self-initiated contact with the Police Department and offered a donation of $1,500 for the purchase of a protective vest for the two canines that will be arriving in Columbia soon. He thanked the Travelers Protection Association for their donation and recognized Marian Breeze, a representative from that organization.
    B110-01 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B111-01     Appropriating funds: donation from Herbert R. Johnson and David E. Payne.
    The bill was given second reading by the Clerk.
    Chief Boehm explained that both gentlemen were unable to be here this evening. He said they made a donation of $1,000 for protective equipment for the canines. Chief Boehm thanked them for their support.
    B111-01 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B112-01     Amending Chapter 27 of the City Code to establish the Columbia Trust Utility Checkoff Program.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that during budget discussions, the Council spoke about the idea of expanding the Columbia Trust to include a volunteer checkoff program that would allow utility customers to make a one-time or ongoing donations to enhance City-funded projects or programs. The program will be administered by the City's Office of Volunteer Services. The actual appropriation of funds would be done by the City Council with regular reports being submitted. He explained the six areas that would be covered to be public art, a beautification fund, scholarships for underprivileged youth, enhancement of the dental health care program, funding to the Columbia Fire Department to enhance fire prevention education programs, and for smoke and carbon monoxide detectors and fire extinguishers for low income residents, and funds for enhanced crime prevention and neighborhood watch programs.
    Mr. Janku asked if thought had been given to appeals for particular projects through the utility billing. He said years ago $6,000 in funding had been raised for the Martin Luther King Memorial. He said it was not a checkoff, but some type of mailer.
    Mayor Hindman thought this program was worth a try, but did not believe it would succeed unless it is aggressively promoted. He suggested that the Council be prepared to spend some money on it.
    B112-01 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B113-01     Amending Chapter 2, 22 and 27 of the City Code relating to utility billing.
    The bill was given second reading by the Clerk.
    Ms. Fleming explained that this proposed amendment will hopefully increase the efficiency of the billing operation. She reported the amendment would create a dormant account which would make it possible to bill at a reduced rate for trash and sewer when there is inactive metered service. Ms. Fleming indicated the amendment would also establish a late payment fee of 1.5% percent per month. However, if someone has signed-up for a payment agreement, as long as they are current on that payment, the amount of the payment agreement would not be subject to the penalty. She further explained that it would increase disconnect and reconnect fees from $12.50 to $15.00 as well as establish a $15.00 same day reconnect fee. Furthermore, the bad check charge will be raised from $5 to $25.00. The amendment would additionally authorize discontinuation of service if a customer does not provide correct information when applying for utility services.
    Mr. Janku asked if this would address the problem of people paying on their bills when the crews show up to do disconnects. Ms. Fleming believed the penalty would take care of that.
    Mr. Coffman asked if it was clear that settlement agreement and payment plans mean the same thing. Ms. Fleming said the intent is that they are the same. Mr. Boeckmann indicated the term "settlement agreement" is being used because it is already defined in the ordinance and covered all those circumstances. Ms. Fleming remarked that the "payment plan" terminology is just something they have used in the office.
    Ms. Fleming pointed out that the amendment's effective date coincides with the first billing cycle in June so as to allow staff to publicize the penalties. Staff is hopeful customers will come in and sign-up for a payment plan so they will not have to pay the penalty.
    Mr. Janku asked what account the penalty funds would be put in. Ms. Fleming said the fees collected for penalties would go in to offset the cost of the utility billing operations. Those operations are paid for by the utilities -- water, light, sewer, trash, storm water. She said it would not really have an affect on the general fund.
    Mayor Hindman asked when budget billing would be available to customers. Ms. Fleming said the program is currently in the testing stage and she hopes to be able to offer it within the next couple of months on a selected basis.
    Ms. Crayton was concerned about the high price of electricity this summer. She noted there are people applying for energy assistance that have never done so before. She asked what kind of funding options would be available for these individuals. Ms. Fleming explained that staff directs customers to those agencies that have funding available. If funding runs out, she did not know of any City source other than the CASH and HELP programs. Ms. Fleming reported the Health Department actually administers those accounts, but she would report back to the Council about the specific guidelines for using the two programs.
    B113-01 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B114-01     Confirming the contract for the construction of Sunflower Street.
    The bill was given second reading by the Clerk.
    Mr. Beck pointed out that eight bids had been received with the low bid being from Emery Sapp & Sons in the amount of $747,558.50. He explained that funding for the project would come from tax bills levied against the abutting properties and from CIP sales tax funds.
    Mr. Janku understood there would be a sidewalk on the east side of the street. Mr. Montgomery said that was correct. Mr. Janku asked about any other amenities in conjunction with the project. Mr. Montgomery responded that staff would come back after construction with a revegetation plan. He noted there is a remnant piece of property where Barberry and Sunflower currently intersect. The goal is to provide some landscaping in that area as well. Mr. Montgomery spoke about the plans to save the large trees at this location.
    B114-01 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B115-01     Establishing Sanitary Sewer District No. 156 along Edgewood Avenue and Westmount Avenue north
                   of Lathrop Road.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that ten lots would be involved in this sewer district. Under City policy, we would pay one-half of the cost of the replacement sewer and the property owners would pay the remaining half. The estimated cost for this district is $38,000 with the tax bills amounting to about $3,800 per lot.
    Mr. Campbell pointed out that although he lives on this street, the project is about six blocks from his home.
    B115-01 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B116-01     Establishing Sanitary Sewer District No. 141 along the north side of Green Valley Drive.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that only three lots are involved in this sewer district. The estimated cost of the project is about $17,500 with the tax bill being 32.8 cents per square foot. He reported the existing lines were installed many years before the area was annexed into the City.
    B116-01 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B117-01     Authorizing agreement with PF. Net Network Services Corporation.
    The bill was given second reading by the Clerk.
    Mr. Beck said that the agreement stipulates where the line is to be built. The proposal is to relocate about a 200 foot section of it. Staff recommends approval of the request.
    Mr. Janku commented that he had received a reply to his request about undergrounding. He reported the memo indicated it would not be practical to do so in conjunction with this project.
    B117-01 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B119-01     Agreement relating to the purchase of property located at 1005 West Worley.
B120-01     Authorizing acquisition of land located at 1005 West Worley.
    Both bills were given second reading by the Clerk.
    Mr. Beck noted that the City has a signed contract by the owners in the amount of $1.2 million for this 5.2 acre tract and the 500,000 square foot structure located on the property. Staff recommends approval of both ordinances.
    B119-01 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
    B120-01 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. 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.

B105-01     Vacating a sanitary sewer easement located in Valley View Ridge Subdivision.
B106-01     Vacating a right-of-way for the eastern terminus of Pioneer Drive.
B107-01     Repealing Ordinance 15633 which approved the O-P Development Plan of Boone Hospital Medical
                   Park.
R61-01       Setting public hearing: improvements to Third Avenue from Garth to Providence Road.
R62-01       Setting public hearing: upgrade of north Runway 2-20 at safety area at Columbia Regional Airport.
R63-01       Setting public hearing: construction of engine generator building at flight service station at Columbia
                   Regional Airport.
R64-01       Setting public hearing: construction of pedestrian bridge over Business Loop 70 along east side of
                   Paris Road.
R65-01       Setting public hearing: improvements to Blue Ridge Road parking lot in Oakland Park.
R66-01       Setting a public hearing: approval of art concept for Recreation Center.
R67-01       Setting a public hearing: approval of art concept for Fire Station No. 8.
R68-01       Authorizing agreement with Columbia Housing Authority for use of Blind Boone Center Medical
                   Clinic facilities.

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

NEW BUSINESS
R69-01     Authorizing Adopt-A-Spot agreement with REMM, Ltd., Benton-Stephens Neighborhood Association,
                 and Boy Scout Troop 25.
    The resolution was read by the Clerk.
    Mr. Beck explained the location for this spot to be in northeast Columbia. Staff recommends approval of the agreement.
    The vote on R69-01 was recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R70-01     Authorizing agreement with Steve Herigon Construction, Inc. for improvements to Smiley Lane at
                 Rangeline Street.
    The resolution was read by the Clerk.
    Mr. Beck explained that this intersection work would be done through a partnership agreement worked out by the Public Works Department wherein the City will do the signal and pavement work as well as modifications to the traffic islands. The developer will extend Smiley Lane westward about 1,000 feet. The City's cost for the project will be approximately $46,000.
    Mr. John asked if the extension would be an additional 1,000 feet. Mr. Montgomery reported the developer has actually already built it 1,000 feet. He understood Mr. Herigon may have plans to do more paving this coming construction season, depending upon how his development is going. The developer is bound by this agreement to pave Smiley Lane west of 763 with no delineation as to how far he would have to pave it.
    Mr. Campbell asked why the City was not requesting that the developer pay for off-site improvements, such as the signalization in this case. Mr. Montgomery replied that most of this property is open zoning. He added there is a bit of a trade-off in that the City would normally pay for part of the cost of Smiley Lane. In this case, the developer has agreed to pay for the cost of paving Smiley Lane and the City would not have to pay for the extra thickness and width costs. In turn, the City will do the intersection and signalization work. Mr. Montgomery added that the developer and his engineer are also providing the construction drawings for the intersection work.
    Mr. John asked if the developer was committing to extend the road any further than the 1,000 feet. Mr. Montgomery said the agreement does not stipulate how far west Herigon Construction would have to extend the road. He thought that may have been a detail that should have been addressed in the agreement. On the other hand, he said Herigon would have to come back to the Council if the City were to participate in any of the cost to extend Smiley Lane over toward Creasy Springs Road. Mr. Montgomery believed Mr. Herigon owned roughly a mile of abutting footage and that Mr. Bass owned the north side. It was his understanding that they were going to build the road the entire distance with their own money.
    Mr. Janku asked if the plans include sidewalks on Smiley Lane. Mr. Montgomery replied that sidewalks would be constructed at the time of building and occupancy of the lots along Smiley Lane.
    The vote on R70-01 was recorded as follows: VOTING YES: CRAYTON, JANKU, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. ABSTAINING: CROCKETT. Resolution declared adopted, reading as follows:
 

R71-01     Authorizing agreement with the Columbia Community Development Corporation.
    The resolution was read by the Clerk.
    Mr. Beck explained that a representative from the Corporation had made a presentation to the Council regarding low income housing. He said the organization is working with banks as well as with the schools. This will make some changes in what the City's use of CDBG and HOME funds would be toward this particular program.
    Mr. John believed the change will help improve the sale of the CDC built homes. He said it comes down to a very fine line for a lot of people as to whether they can meet the payment.
    The vote on R71-01 was recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R72-01     Authorizing application to Missouri Department of Transportation for Enhancement funds under
                 Transportation Equity Act.
    The resolution was read by the Clerk.
    Mr. Beck explained that application is made each year for these funds. Staff suggests the City apply for funding for the MKT Trail underpass at Stewart and Providence. The estimated cost of this project is $273,960, with the City's portion being $54,792. The other item is the extension of the Hinkson Creek Trail from the Grindstone Nature Area to Rock Hill Park. The estimated cost for this project is $580,000, with the City's portion being $143,500.
    Mr. Janku noted that in the past, the City has gone above the minimum 20% match because the chance of getting the grant was better with a higher match. He noted the MKT project match was only 20%. Mr. Beck said staff thought the City has a reasonable chance of getting the MKT request approved. Mr. Dudark commented it is hard to tell, but he did not know that a little more match would make that much difference.
    Mayor Hindman pointed out that this is the last round and he did not know when the City would have the opportunity to make further applications. He noted that we have lost this one before.
    Mr. Beck asked about the fund balance. Mr. Hood reported staff anticipated using money in the greenbelt account that was approved in the ballot issue in 1999 as matching funds. He said it would actually be included in the upcoming 2002 City budget. Mr. Hood believed there would be at least $100,000 in that budget. He said if both projects are approved, money identified for FY2002 and 2003 would be used as the City's match.
    Mayor Hindman said he would be in favor of leaving it to the staff's judgment, but would encourage the extra 5% ($13,000). He said this would be a major key to making the Trailhead Park a real success. Mr. Janku asked if staff could increase the amount without the Council voting on it. Mr. John felt that would be putting the staff in a bad situation.
    Mayor Hindman made the motion that the match be raised to 25% on the MKT project. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    The vote on R72-01, as amended, was recorded as follows: VOTING YES: CRAYTON, JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R73-01     Approving a preliminary plat: Thornbrook Plat 2.
    The resolution was read by the Clerk.
    Mr. Beck explained that this 193 acre tract is located in southwest Columbia and it would create 234 single family lots. The Planning and Zoning Commission recommended approval subject to intersection work where the subdivision streets intersect with Route KK at Thornbrook Parkway and Fall Brook Drive.
    The vote on R73-01 was recorded as follows: VOTING YES: CRAYTON, JANKU, CAMPBELL, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. ABSTAINING: CROCKETT. Resolution declared adopted, reading as follows:
 

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

B121-01     Approving Change Order No. 1 and engineer's final report; Columbia Regional Airport
                   accommodation for Ozark Airlines.
B122-01     Approving Change Order No. 1 and engineer's final report: Bear Creek Outfall Sewer.
B123-01     Calling for bids: upgrade of north Runway 2-20 at safety area at Columbia Regional Airport.
B124-01     Calling for bids: construction of engine generator building at flight service station at Columbia
                   Regional Airport.
B125-01     Calling for bids: construction of improvements to Oakland Park parking lot.
B126-01     Authorizing agreement with Missouri Highway & Transportation Commission for construction of
                   pedestrian bridge over I-70 along east side of Providence Road.
B127-01     Authorizing agreement with Missouri Highway and Transportation Commission for construction of
                   pedestrian bridge over Business Loop 70 along east side of Paris Road; appropriating funds.
B128-01     Authorizing an agreement with Central Electric Cooperative.
B129-01     Authorizing differential costs; approving engineer's report: Garden City, Plat 8.
B130-01     Accepting deed of dedication; authorizing differential costs; approving engineer's report: Garden
                   City, Plat 9.
B131-01     Accepting easements for utility purposes.
B132-01     Amending Chapter 27 of City Code pertaining to Railroad Advisory Board.
B133-01     Amending Chapter 10 of City Code pertaining to cable television franchises.
B134-01     Annexation of property south and west of Hickam Court, north of Old Plank Road.
B135-01     Approving a replat: Woodrail Plat 6, Lot 17A.
B136-01     Granting a variance to subdivision regulations requiring a sidewalk along the south side of I-70
                   Drive SE; subject to conditions.
B137-01     Confirming contract with Aplex, Inc. for construction of Bear Creek Recreation Trail.
B138-01     Appropriating funds received from the Thompson family for a pitching machine for the Parks &
                   Recreation Department.
 

REPORTS AND PETITIONS
(A)     Intra-departmental transfer of funds.
    Report accepted.
 

(B)     Street closure requests.
    Mr. Janku made the motion that the request be approved subject to the change submitted by the applicant. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
 

BOARDS AND COMMISSIONS
    None.
 

COMMENTS OF COUNCIL, STAFF, AND PUBLIC
    Mr. Janku commented that tonight is the tenth anniversary of the adoption of the ballot issue that included the buffer and extension for the Katy Trail. He said Mr. Campbell was on the Council when the issue was put on the ballot. Mr. Campbell indicated that was the first time he had put his reputation on the line.
    Mayor Hindman noted that the Council discussed the Right-of-Way Bill at the pre-Council dinner. He said there is a proposal that the City write a letter in opposition of the proposed bill and in support of the Missouri Municipal League.
    Mayor Hindman made the motion that the letter be written. The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
    Mayor Hindman reminded everyone to vote tomorrow.
    Frank Edwards, 504 Mikel Street explained a problem he had experienced with a line coming from a power pole to the power head on his house. It was brought to his attention that the power continuously going off and on might have burnt out the compressor on his refrigerator. He indicated that he had to buy a new one because of that. Mr. Edwards asked about the City's responsibility in cases such as this. Mr. Beck asked Mr. Edwards to call his office and they would forward him to the Risk Management Office.
    The meeting adjourned at 10:30 p.m.

                                                                                            Respectfully submitted,

                                                                                            Penny St. Romaine
                                                                                            City Clerk