NOVEMBER 2, 1998

    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, November 2, 1998, in the Council Chamber of the City of Columbia, Missouri.   The roll was taken with the following results: Council members CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, and CROCKETT were present.  The City Manager, City Counselor, City Clerk, and various Department Heads were also present.

    The minutes of the meeting of October 19, 1998, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Ms. Coble.

    Mr. Campbell, at the request of Mrs. Crockett, made the motion that she be allowed to abstain from voting on B325-98.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Upon his request, Mr. Campbell made the motion that Mr. Janku be allowed to abstain from voting on B328-98.  The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.
    The agenda, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Janku and a second by Mr. Kruse.



B320-98     Approve the transfer of control of TCI Cablevision of Missouri, Inc. from
                    Tele-Communications, Inc. to AT&T.
    The bill was read by the Clerk.
    Mr. Beck explained that since the last meeting, Mr. Boeckmann has been in contact with TCI, and the written report that had been provided was forwarded to the Council.
    Mr. Coffman spoke on behalf of the Cable Television Committee and explained that the Committee had not been able to meet since the last Council meeting.  He said the response received from TCI was not what he hoped it would be, but the Committee had received information about the National Cable Television Association.  He said the monitoring information would be provided, and he thought that to be very promising.  Regarding the technological upgrades, Mr. Coffman said TCI had been unwilling to make any commitments.   He noted there is 120 days before the transfer of control occurs, and suggested that the issue be further tabled in order to obtain more information.
    Mayor Hindman reopened the public hearing.
    Dennis Kastens, Area Manager for TCI, reiterated that the current upgrade underway would be completed in June.  He said the company did not want to divulge the other product launching that could be made after the upgrade is completed.
    Mayor Hindman said he understood that for competitive reasons TCI did not want to say what additional services would be offered, but he is not quite satisfied that citizens would not know what services could be obtained.   Mr. Kastens responded that before any other services can be offered, the current upgrade has to be completed.  He said the present system is such that additional channels are not available.  Mr. Kastens reported that TCI is in the process of laying fiber optics now -- which will supply the venue to offer At-home products, etc. He said they hoped to be finished with that upgrade by June of 1999.  Once that is taken care of, TCI would be able to do other things with the system because they will not only have the capacity to add the products, but also the technology to support those products.  Mr. Kastens stated he cannot promise that Internet access will be available in January.
    Mr. Coffman asked if the Council would be hearing from AT&T, the parent company.  Mr. Kastens said he was sure he could arrange to have them come in and meet with the City or the Committee.  Mr. Coffman asked if Mr. Kastens would have a problem with tabling the issue for another month so the Cable Committee could meet and go over some points.  Mr. Kastens said he would like to see this finished, but is willing to do whatever is asked to get final approval.
    Mr. Coffman made the motion that the Council further table B320-98 to December 7, 1998.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

B323-98     Rezoning property from A-1 to C-P and approving the Guitar Mansion at Historic
                    Confederate Hill C-P Development Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the Planning and Zoning Commission voted 4-2 for denial.
    Mr. Hancock displayed a sketch of the proposed C-P plan outlining the parking areas on the north and south sides of the proposed development, the ring roads, a secondary access for emergency vehicles out to Rhonda Lane on the south, and the signage.  He said the status of the two tracts of land became a issue at the Commission meeting.  The Commission felt that the entire property should be included in the plan, rather than having a stem out and leaving the properties in A-1 and outside of the plan.    Mr. Janku stated the staff had mentioned the desirability of a sidewalk on Oakland Gravel Road as well, but pointed out that the only portion of the planned area that touches Oakland Gravel Road is the 70 foot stem.  He noted tier lots are technically found in residential areas and are less than 59 feet in width.   Mr. Hancock reported in this case, the tracts did not meet the "technical" description of a tier lot, but the Commission felt like it was shaped like one in any case.
    Mr. Janku asked when Mr. Hancock referred to the tracts being outside of the plan, whether he meant they could remain A-1 and be in the plan.  Mr. Hancock said the property would all be zoned C-P, but there could be a designation for areas left in open space.  Mr. Janku said the tracts could not be planned A-1.
    Mayor Hindman asked what the applicants would be able to do with the lots if they remained A-1.  Mr. Hancock said A-1 is for agricultural activities.  He said it is his opinion that before anything could be done, the lots would have to be subdivided and platted -- which requires approval by the Council before permits could be issued.  Mr. Hancock supposed animals could range on the property.   Mr. Janku said the tracts would have to be rezoned also.  Mr. Hancock thought that is correct, for any kind of urban use the tracts would have to be rezoned.  He said a house could be built in A-1, but a plat would still be necessary.
    Mr. Kruse asked how many houses could be built in an A-1 zone.   Mr. Hancock estimated perhaps 9 lots, if they fronted right on Oakland Gravel Road.  He noted the lots would be very deep.
    Mayor Hindman opened the public hearing.
    Jeff Bradley, explained that he and his wife Karen are the proprietors of the proposed Guitar Mansion. He said their intention is to develop the property to its highest and best use to preserve one of Columbia's most well-known historical sites, while meeting or exceeding the development requirements set forth by the City.   To help accomplish these goals, Mr. Bradley noted that they hired experienced professionals in all phases.  He noted the neighbors have shown overwhelming support for the project.  Mr. Bradley thanked the Council for taking time to look at the property.
    Mr. Janku stated he and Mr. Bradley had spoken earlier in the day.  He asked Mr. Bradley to repeat what he had said about the sidewalk issue.  Mr. Bradley explained that they will agree to build the sidewalk within a five year time period -- from the time of approval of the proposed development.
    Mrs. Crockett asked Mr. Bradley if he is still planning to leave the path across the back of the property for children to use to get to and from school.  Mr. Bradley said that is correct.
    Debbie Sheals, Chair of the Columbia Historic Preservation Commission, expressed their support in favor of the project.   She said this is a big house, and far too big to be viable as a single family house.  She said the applicants are people that are willing to do a good job and put a lot of money into this project.  Members of the Commission have talked to the architect and owners and felt that the project would be done to very high standards.
    John Huss, with Trabue, Hansen, and Hinshaw, spoke about the traffic circulation.  He explained there would be a two-way entrance off of Oakland Gravel.  He said a rear entrance from the residential area is being created to serve as an emergency secondary access.  Mr. Huss further explained that the main drive will be established to serve two-way traffic.  The drive circulating around the home is intended as a one-way drive.  He reported there will be a traffic loop internal to the property directing movement in a counter clockwise direction.   To clarify the sidewalk issue, Mr. Huss explained that the developer is offering to construct the sidewalks abutting the A-1 portion of the property within a five year period as a condition of approval of the C-P plan.  Obviously, he noted if there would be something that would happen prior to that, the subdivision ordinance would require the construction of those walks.  Mr. Huss said the owner is planning to comply with the City's request to submit a subdivision plat for the property, which will create the lots, dedicate right-of-way, etc.
    Nick Peckham, project architect, explained that Peckham and Wright has had the honor of working on three very significant historic buildings in the last couple of years.  He said the work they would be doing (all in accord with the U.S. Department of Interior requirements for the tax status of the building), includes stabilizing the stone foundation to prevent any further collapse of the building, and repainting/replacing/repairing any deteriorated exterior elements.  He said they have been working with the Department of Natural Resources on preservation requirements to maintain the National Register status of this important building.  Mr. Peckham said they are upgrading the mechanical, electrical, and plumbing systems both for comfort and safety.  The site concepts they have tried to offer to the project are to minimize the overall impact on the site as much as possible, in part by putting the proposed Phase II project in back of the mansion so it will not be visually obtrusive, to provide a driveway around the house to provide a buffer between the core of the site and the adjacent parking lots, to provide new landscaping for the gardens at various locations around the site using plants that were indigenous to Missouri 150 years ago, and to maintain the dramatic approach to the house from the road with an upgraded driveway.
    Mr. Janku asked how the driveway would be upgraded.  Mr. Peckham reported the driveway will be paved with asphalt, and will meet the thickness requirements of the heavy vehicles that will serve the site -- such as refuse and fire trucks.  He said the driveway will be made a little wider to accommodate two-way traffic for safety sake.
    Audrey Sabel, 3800 Mint Julep, said she is not concerned about this development, but is concerned about what might happen to the rest of the property.  The Mayor explained that the front of the property is zoned A-1, no commercial.  She asked if there would be a possibility that at some point the rest of the property could be zoned C-P.  Mayor Hindman said there is always a possibility, but the likelihood is very low that this would occur.
    Karen Miller, 2700 Northridge, said the home is in her neighborhood and she had been very concerned about what could happen to the property when it went on the market.   When she learned who had purchased it, and these individuals wanted to keep the home in a historic perspective, she felt very relieved.  She thought the best zone for the property would be a planned development.  Ms. Miller felt the biggest benefit the plan has to offer is the tier affect.  She said the A-1 tracts will buffer the neighborhood from the commercial development, and will also buffer the property users from the neighborhood.  She said the Commission had also been concerned about the noise.  Ms. Miller did not believe there would be any more noise at this property with a wedding reception as there would be at the park with a family reunion and a baseball game going on.
    Mayor Hindman closed the public hearing.
    Mrs. Crockett said she was most disturbed the day she found out this property was up for sale.  She said Mrs. McCaleb had told her what poor shape the house was in, and she was concerned about who would be able to afford to buy the home and make it livable.  She thought it would be next to impossible.  She was also concerned about the property being purchased and split up for development.  Mrs. Crockett said when she met Mr. Bradley and he showed her the plan, she had been impressed.  She did not think the Council would see anything better.  Mrs. Crockett stated as there are no sidewalks on the west side of the road at this time, she is not concerned about that issue.  She pointed out there is a path behind the house that Mr. Bradley told her the school children could use, and noted there are sidewalks on the other side of the road.  Mrs. Crockett said no tax dollars would be lost in this case, in fact a few tax benefits would be recognized if the request is approved.   However, she did want to ensure that the ordinance stated that the home could only be used for wedding receptions, parties, and that type of thing.  Mayor Hindman said that had been stipulated in the ordinance.
    Mr. Janku said he too had been concerned when the property went on the market.  He applauded the creativity of the owners in coming up with an economically viable plan to preserve the property.  Mr. Janku pointed out that if noise problems do occur, the City has a noise ordinance in place to take care of situations like that.  He did not anticipate that to be an ongoing problem.  For a variety of reasons, Mr. Janku felt a sidewalk would be important.   He said the Council needed to be very careful not to lead other people to believe they can avoid the sidewalk requirements by creating such lots.  In the long-term, he felt the City would eventually construct a sidewalk, and it would be nice to have this stretch included.
    Mr. Janku made the motion that B323-98 be amended by adding to Section Four of the ordinance, "This approval is subject to the condition that the property owners, within five years of the passage of this ordinance, construct a sidewalk to City standards along Oakland Gravel Road on owners' A-1 zoned property which is adjacent to the property referenced in Section One.".  The motion was seconded by Mayor Hindman and approved by voice vote.
    Mr. Campbell said he is delighted to see one of famous old houses being preserved.  He has seen many of them torn down, and thought this an excellent move to preserve one.
    B323-98, as amended, was given third reading with the vote recorded as follows:  VOTING YES: CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B325-98     Voluntary annexation of property located on the southeast corner of Scotts Boulevard
                    and Vawter School Road; establishing C-P and R-1 zoning.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that the Planning and Zoning Commission voted 4-2 to recommend the zoning as requested by the property owner, but had suggested that the C-P zoning be reduced in size.
    Mayor Hindman asked if the applicant had proposed an amendment with respect to the amount of C-P, per the recommendation of the Commission.  Mr. Hancock replied that he had not received such a request for an amendment.
    Mr. Campbell said he had asked about whether the City shows a major commercial development at this location, or if it was part of the plan.  He thought this amount of acreage would lend itself to a large commercial development.
    Mr. Hancock reported the City's land use plan does not address this particular tract, but the County's plan for the area designates the entire metro sector as either rural or rural residential.  He noted there has been quite a bit made of the size of this commercial tract -- by the media in particular.  Mr. Hancock stated the information provided to the Council by the applicant indicates that in addition to the four or five acres that will be taken out for arterial road right-of-way, there would also be four or five acres taken out for right-of-way internally.   He thought the same could be said for the area across the road, which should be included in any discussion about the size of development.  Mr. Hancock thought the Council should be focusing on the square footage and the type of development on the tracts, rather than just the acreage of the tracts, as there will be limitations in regards to the development.  He believed that would be within the City's power given the fact that if the request is approved, the property will be zoned C-P.  Mr. Hancock estimated there is 130,000 to 140,000 square feet of commercial property in the area (this was displayed on the overhead).  He thought this particular location, which is at an intersection of two arterial streets, would serve neighborhood purposes, and would also provide an opportunity for some sort of community market that will be supported by a number of neighborhoods.
    Mr. Campbell asked how much square footage was on the north side of the road.  Mr. Hancock guessed if there is anywhere from nine acres developed, and if the flood plain is preserved, 25% (100,000 square feet) of the property would be available for retail development.  He said in most cases, parking is provided at a four to one in ratio compared to the square footage of structures.  Mr. Campbell said there would be a potential of 200,000 plus square feet, which would be a very sizable commercial development.
    Regarding Vawter School Road, Mr. Janku asked if the developer would be required to dedicate the roadway to the City when this property is annexed, or whether the easements would remain in place.  Mr. Hancock said if the tract is subdivided in the City, we will get whatever additional right-of-way is needed.  He assumed that right-of-way which was acquired by the County would still be public.  He did not know if that would be conveyed to the City if the property is annexed.
    Mr. Kruse commented that the property slopes dramatically uphill from Vawter School Road to the south.  He asked how that would be handled if it were to be developed commercially.   Mr. Hancock said the engineers would have to show cut and fill and things like that.  He said the property at Chapel Hill and Scott Boulevard also rises up from the road.  Mr. Hancock indicated the prior owner of this property would not have developed it as a supermarket due to the topography. They had said it would be too difficult and costly to move that much dirt for that type of project.  Mr. Hancock said he would see something on the order of what was provided in the concept sketch  -- which had depicted individual pad sites spread out among the property.  He observed there are things on the sketch that people would probably disagree with, i.e., Mr. Hancock would prefer the gasoline pumps for the C-store be located behind the store.  He reported there will be an opportunity to discuss these types of issues when the C-P plan is submitted.  Mr. Hancock felt the concept sketch conveys an idea of not having one massive building or buildings.
    Mayor Hindman opened the public hearing.
    Bill Crockett, an engineer with offices at 2608 N. Stadium, spoke on behalf of the owners, Dr. and Mrs. Hugh Stephenson, Mr. and Mrs. B. J. McClatchey, and Ms. Marilyn Mitchell.   He explained that most of the buildings are relatively small -- no more than 8,000 square feet per unit.  He noted there might be one or two structures that might be two stories, but most are pretty small -- with some as small as 2,500 square feet.  He said that would allow the site to be developed without massive grading.  Mr. Crockett said the corner of Scotts and Vawter would need to be filled by a limited amount to establish a pad site.  The C-store has been planned for the corner due to visibility.  Behind it , Mr. Crockett said could be a full service banking facility with a drive-thru that would still have full visibility at an elevation above the C-store height.   Mr. Crockett reported the first land use plan he looked at in Columbia had been in 1968, and Vawter School Road and Scott Boulevard were shown as being major arterial streets.  His point is that there has been a rather long history of planning for routing of traffic through this area.  He anticipates that traffic will increase over the years and this would simply have to be addressed.  He noted that there are no commercial establishments with direct access off of either one of the arterial streets.   He said the intersection will not be cluttered with driveways, or another situation like PP will be created.   Mr. Crockett noted that the streets within this proposed development are internal, with each one taking a minimum right-of-way width of 60 feet.  He said that reduces the available area for the development of the C-P.  He said the 22 acres includes the major road right-of-ways that have already been encumbered through easements to the County.
    Mr. Campbell pointed out that the Planning and Zoning Commission requested that the C-P be reduced to 15 acres.  He asked if the owners are agreeable to this reduction.  Mr. Crockett did not think the owners are willing to take that drastic of a decrease.  He said that would put the balance available for development at considerably less than 10 acres.  He did not believe they could accomplish what the area will be needing and desiring in 10 acres because the amount across the road is somewhere in the neighborhood of five acres.  Mr. Crockett thought there might be some reduction that could be negotiated, but to reduce the commercial to 15 acres is too drastic at this point.
    Regarding the area to the west of Scott Boulevard (south of Vawter School Road), Mr. Campbell stated this is a residential area, and he noted it is traditional that a buffer should exist between residential and commercial property.  He asked how the adjacent residents will be buffered from this proposed development.   Mr. Crockett said the parking lot is in front of the buildings along that side.  He would simply propose to move the whole row of development further to the east, and establish a buffer along the edge of the roadway.  He explained a portion of the property to the west is already buffered.  Due to the fact that the area to the west drops radically, Mr. Crockett said there are only a couple of residences that would even see this development.  Because of the difference in elevation, Mr. Campbell observed there would, in essence, be a group of commercial areas at a higher elevation than the adjacent residential properties.  That did not seem to be a desirable pattern to Mr. Campbell.  Mr. Crockett explained that the grading that would take place would be on the high point of this proposed commercial area.  He said that land would be lowered, and the rock borings taken on the design of Scotts Boulevard indicate that the subsurface rock is only about eight to ten feet deep.  Consequently, he said they do not have a lot of dirt to take off of the top.  He said that area would be lower because that is the only dirt that is available.  It was his opinion that the area could be lowered four to eight feet.   With the architectural involvement on the C-P planning, they would simply have a low profile building.
    Mr. Janku noted that the sketch shows direct vehicle access to the residential subdivision from the commercial area.  Mr. Crockett said that is correct.  Mr. Janku asked if they had thought about some sort of mix of office and commercial to accomplish some of the buffering.  Mr. Crockett said there are a number of buildings that have office concepts.  He reported along Scotts Boulevard, the building facing the south would be retail sales, but the east side would be an office situation.  The units in the very southeast corner are the proposed C-P.  Of the 130,000 square feet, Mr. Crockett estimated that 25,000 to 30,000 square feet would be for office space.
    Audrey Sabel, 2300 Mint Julep, asked if this development could possibly be a site for live entertainment.  Mr. Kruse said the new ordinance, as proposed, would only allow this type of business in a M-1 or C-3 zone.    Mr. Hancock said the ordinance that accompanies this rezoning is for C-1 uses, plus a C-store and service station.  He said the adult live entertainment ordinance proposal would only allow such a business in an M-1 or C-3 zone, and a conditional use permit would have to be granted before it could open for operation.
    Joseph Kurzejeski, 4651 Scotts Boulevard, thought it is inappropriate for the City Planning and Zoning Commission to consider this request for a site in the county.   Outside of sewer and water, he said there would be no services available to the subdivision.
    Mr. Kruse asked Mr. Kurzejeski how he would feel if the property had been annexed a year ago with the zoning request coming now.  Mr. Kurzejeski said the people currently living in the area would certainly be concerned about it, and would be hopeful of at least being involved in discussions about it.  Mr. Kruse asked how he felt about the development in the area.  Mr. Kurzejeski said he believed there would be development, and that the residents were aware of this when they moved out there.  But they also understood that under the County Land Use Plan, the area was to be residential.
    Ken Midkiff, 1005 Bellview, spoke on behalf of the Sierra Club, explained that they view this project as a "leap frog" development.  He said it is not adjacent to any current developed areas, and does not have the needed infrastructure.  He said the tax payers would have to pay for the new streets and all the other services that do not currently exist.   Mr. Midkiff said the Sierra Club can support the concept of mixed zoning, but did not think the concept of sustainability should be applied to an area that will be developed outside of the current area.  He suggested this proposal to be no more than urban sprawl.
    Marion Mace, 1993 S. El Dorado, spoke on behalf of the Osage Group of the Sierra Club, and distributed a pamphlet entitled, Suburban Sprawl Costs Us All in the Midwest.  She explained the information presented in the pamphlet is based on a study conducted by the Sierra Club Midwest Office, and discusses the costs involved with sprawl.  She read suggestions from the pamphlet.
    Rick Webel, 4251 Scotts Boulevard, agreed with Mr. Kurzejeski in that none of the residents living in the area affected by this development have had a chance to see any of the plans -- preliminary as they are.   He did not think any one of them has an objection to the residential development of the area, it is the commercial portion that they object to.  Mr. Webel is concerned there will be no restrictions as to what the particular types of commercial could be.  He said the proposed retail store at the top of the hill would be directly across the street from his home at the top of the same hill.  Mr. Webel asked the Council to seriously consider what is actually needed versus what people want.
    Brian Christensen, 4257 Scotts Boulevard, also agreed that area homeowners expected a residential development.  He did not think the concept of a commercial development had been completely thought through.  Considering the amount of commercial that will already be on the Baurichter property, along with the no longer used commercial property of Tarleton Square, he thought a hard look at what services would actually be needed to serve the area is needed.
    Bill Crockett responded to questions that were asked.  Regarding adult entertainment, he said if C-1 is included in the permitted category for that type of business, it would be excluded from this proposal.  He reported Mr. and Mrs. McClatchey have no desire for that type of business on the site.  As far as utilities, Mr. Crockett said the sewer is within 1,000 feet of the tract, and would be extended to serve the north area from the Millcreek Trunk Sewer to the west.  He said there has already been several million dollars spent on the roadway --the Vawter School Road/Nifong Boulevard extension to Providence Road.  He noted there is funding currently budgeted for improving Scotts Boulevard to the state route.  Mr. Crockett said water is the only utility not on the site, but he said it is in the immediate area.  He said the City's Water and Light Department has plans for water to be in the area in the near future, unless it is brought in by a developer first.   He said gas and electric are presently on the site.
    Mr. Janku noted that the Parks and Recreation Commission has raised two concerns; storm water runoff and the need for neighborhood parkland in the area.   In response to the storm water runoff, Mr. Crockett said a brief hydraulic analysis of the area indicated that the difference in the runoff from the existing use now, to the commercial use similar to that being proposed, is about 68 cubic feet per second.   He said the incremental increase would amount to less than one-half percent increased flow.   He said if detention is required, there is an area of open space in a 25 foot deep ravine which could be easily converted into storm water retention.
    Regarding parkland, Mr. Crockett explained that Mill Creek bisects the property toward the south end.  He said there is slightly over 20 acres of 100 year flood plain available.  He estimated that about 10 to 12 acres of this tract has been set aside as a flood way for the 100 year flood.  Mr. Crockett reported that would leave approximately 10 acres that could very easily be converted into recreational facilities.  He said this could be further addressed during the preliminary platting stage.
    Mayor Hindman closed the public hearing.
    Mr. Kruse observed there is no plan for growth management for the metropolitan area, or for the community as a whole -- including the City and the significant undeveloped property directly adjacent to it.  He said the Council is always responding to requests, never having a deliberative discussion in the context of an overall plan for growth for the metro area.  He said that has troubled him for a long time.  For some reason, Mr. Kruse said the City seems to have a difficult time examining the issue of growth management for the long-term.  Referring to the Columbia 2000 report, he felt the citizens were very clear in their wish that the community remain compact and have the feel of a college town with a lot of open space.  Mr. Kruse commented that he is unwilling to support an annexation and development proposal, particularly one of this size in a part of the county that represents the best of Boone County, without having gone through a protracted, grass roots, bottom-up growth management planning process.
    Mr. Campbell said he too felt a comprehensive plan is needed.  He said his primary concern with this development is the proposed commercial development.  Mr. Campbell explained that the Council is beginning to see a very different kind of commercial development in which it is integrated into office, commercial, and residential, all fitting together in one package, rather than being a separated kind of activity.  He felt by approving this request tonight, it would initiate a nucleus of major commercial development that has the potential of gradually moving out and taking on larger areas.  Mr. Campbell reported if there were to be a neighborhood development in this location, he thought he could be supportive of this request, but he would like to see the acreage significantly reduced from 22 acres to something like five to ten.  If it was a larger area, he would like to see it as part of a commercial/residential package.  He did not think the proposal tonight was ready for adoption.
    Mr. Janku said he had looked around the area and had found it amazing that much of the area is undeveloped.  He felt that residential development would move forward with Thornbrook and this proposal.  Mr. Janku felt there is a need for sufficient commercial development to serve the surrounding area, as well as the area that will develop in five to ten years further to the south and west.  He thought some protections should be built into this plan, not just the acreage issue, but in terms of the buffer on the neighboring areas also.  He suggested an office buffer, as opposed to commercial development, that could be incorporated into the approval of any commercial zoning.  He also suggested making sure there is limited access to the adjoining streets.  Mr. Janku observed the access problem created by tracts being developed in small pieces could be avoided if the Council permits a larger development to occur.
    In terms of "leap-frogging", Mr. Janku said there are some services in place and the City has developed to the existing boundary along Scotts Boulevard.  With the Katy Lake Subdivision, the City limits has been extended to the MKT Parkway.  He said development would have to cross this area at some point.  In effect, the development is "leap-frogging" the MKT, but it is a green space and he did not see how anyone could suggest otherwise.
    Mayor Hindman agreed with what was said, but said he is in favor of the plan.  He said by the time easements and streets are taken out, the acreage would be cut down to a reasonable amount of commercial.  He is very familiar with the Sierra Club's publication on sprawl, and is in agreement with almost everything it says.  However, Mayor Hindman noted it is interesting that they have different interpretations of what is happening in this case.  He felt what would be created in this instance is an in-fill development.  Mayor Hindman said he realized it is at the edge of the City, but added that it is where development is absolutely inevitable, and where he thought it should be directed.  Mayor Hindman stated infrastructure is available, and that is where development should occur.  Looking at the map, he said it is obvious that is where commercial will be needed to serve the area that is in the process of developing.   Mr.  Campbell pointed out that he has worked on some commercial developments fairly intently during the last year, and the consensus of the people he worked with was that somewhere between 80,000 and 120,000 square feet is needed to have a viable neighborhood convenience area in today's market world.   He said this proposal is not too far out of line.
    Mayor Hindman noted that Mr. Crockett had said that out of the approximate 130,000 square feet, about 30,000 would be office.   He said it is speculation at this point, but that would leave 100,000 square feet of commercial development.
    Mr. Kruse commented that if development occurs, he thought it should be mixed use.  He said if there is significant residential development, there ought to be commercial development very near by.  He liked the idea of having the basic neighborhood commercial services available within a 10 minute walk from any residence.
    Mr. Campbell said he would vote in favor of this request, but should it come back while he is on the Council, he would hope it would provide some protection to the neighborhood to the west, and that it be a fully integrated package -- not piece by piece.
    B325-98 was given third reading with the vote recorded as follows: VOTING YES:  CAMPBELL, HINDMAN, COBLE, JANKU.  VOTING NO: KRUSE, COFFMAN.  ABSTAINING: CROCKETT.  Bill declared enacted, reading as follows:

B329-98     Authorizing Change Order No. 1, approving the engineer's final report, levying and
                    assessing special assessments; appropriating funds for Sewer District No. 136 project.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that a formal report would be given by the Public Works Director.   He noted that he had received a call from the attorney who represented a property owner affected by this project.  Mr. Beck had received a proposal for a reduction in this individual's tax bill as it relates to the overall financing of the sewer lines built in the district.  Mr. Beck said he and Mr. Patterson had looked at the proposal and considered it to be reasonable.
    Mr. Patterson noted that Sewer District 136 had been formed by ordinance in February of 1997, and that a public hearing had been conducted on March 17, 1997, to determine the necessity for constructing sewer lines.  Before the Council tonight is an ordinance that would levy special assessments against properties, if it is determined they have benefitted by the improvements to the extent of the proposed assessments.   Mr. Patterson displayed a map showing the district that was formed, and said approximately 1,000 feet of eight inch sewer line and eight manholes had been installed in order to provide public sewer to the lots contained within the district.  He noted there are 15 lots in the district, 11 of which either had no sewer or on-site septic tanks or lagoons.  The remaining four are part of an area served by a private common collector.
    Mr. Patterson reported the total project cost was $44,835.65, which resulted in an assessment rate of about 13 cents per square foot.  The resolution estimate set the maximum at 14 1/2 cents, so the assessments will be slightly lower than what was anticipated at the time of the public hearing.  The four lots that were on a private common collector are proposed to be assessed at one-half the regular rate in accordance with City policy for private common collector sewers.  As contained in the ordinance, the tax bills will provide $40,392.37 in funding, and the remaining $4,443.28 will be paid out of the sewer utility budget.  However, Mr. Patterson observed there is one large, single residential tract that if it were assessed at the normal rate, the tax bill would be $13,800 or more.
    At the time of the hearing, Mr. Patterson explained the Council had the option of determining whether the property has benefitted in the amount that is being proposed.  If not, the Council can set a lower assessment at a level deemed to be appropriate and equivalent to the benefits that have been accrued.  One factor that could be considered is the benefit comparable to that of a private common collector, which would be at one-half of the level.  Mr. Patterson stated that is what has been suggested by the representative of the property owner.  Since the property is a single family residence and is not likely to be further developed to any major extent, and would not result in an unfair burden on the other properties in the sewer district, Mr. Patterson felt the offer to be fair.  If that were to happen, he said the sewer utility would pay the balance of the tax bill.
    Mr. Patterson suggested that the Council may wish to consider the following when levying the assessments: the new sewer lines have eliminated the health hazards and the potential liabilities that are associated with on-site systems such as lagoons and septic tanks; the cost of maintaining the private, common collectors and the on-site facilities will also be eliminated since the City will be taking over responsibility for maintenance of the new sewer lines; and, the connection to a public sewer is generally considered as an enhancement to the value of property and, therefore, a direct benefit to the property itself.  After public input and Council discussion, Mr. Patterson said staff recommends that the ordinance levying special assessments be approved, with whatever amendments Council may wish to consider to the one tract identified as having a large assessment.
    Ms. Coble made the motion that B329-98 be amended by changing the assessment figure at the bottom of page 3 of the ordinance to $6,923.90.  The motion was seconded by Mrs. Crockett .
    Mr. Patterson said the staff should probably look at the policy adopted for the sewer district for those that include on-site treatment and private common collectors to try to find some further relief so residents will be able to afford the costs associated with such projects.  He said staff hopes to submit a report to the City Manager in the near future.
    Mayor Hindman opened the public hearing.
    Roland Walker, an attorney representing Mr. Nichols, owner of the large tract, said the reduced tax bill of $6,923.90 is acceptable.  He thanked the Council and staff for their help and concern.
    Mayor Hindman closed the public hearing.
    The motion to amend B329-98, made by Ms. Coble, seconded by Mrs. Crockett, was approved unanimously by voice vote.
    B329-98, as amended, was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B330-98     Calling for bids for the removal of contaminated soil and site restoration at the southwest
                    corner of Fourth Street and Cherry Street; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that during the removal of the building on this site, it had been found that there was some petroleum contaminated soil.  He said the Public Works Department has been working with DNR to develop a clean-up plan.  Mr. Beck reported a plan has been formulated, with the estimated cost for the work being approximately $124,000.  He pointed out that $93,000 of that amount would be paid from the Missouri Petroleum Storage Tank Insurance Fund, administered through the Department of Natural Resources.  The staff recommendation is for completion of the clean-up.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B330-98 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

(A)     Construction of H-4 Trunk Sewer in SW Columbia near Vawter School Road.
    Item A was read by the Clerk.
    Mr. Beck explained that should Council approve this project, it would allow the construction of a trunk sewer to the 80-acre point.  He said after that point, developers or sewer districts pay the remaining cost to extend the sewer line into specific developing areas.  The estimated cost is $280,000 to build a 1,700 foot, ten-inch main.  He noted this project had been included in the wastewater utility ballot issue.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Ms. Coble made the motion that staff be directed to proceed with the H-4 Trunk Sewer project.  The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.

B326-98     Voluntary annexation of property located on the east side of Strawn Road, west of City
    The bill was given second reading by the Clerk.
    Mr. Beck said this 1.9 acre tract of land is owned by the School Board, and is one of two school properties on the agenda tonight.
    Comments were called for with none received.
    B326-98 was given third reading with the vote recorded as follows:  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B327-98     Voluntary annexation of property located on the north side of new haven Avenue, east of
                    City limits.
    The bill was given second reading by the Clerk.
    Mr. Beck said this is a 10.8 acre tract of land also owned by the School District.     Comments were called for with none received.
    B327-98 was given third reading with the vote recorded as follows: VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B328-98     Authorizing annexation agreements with Robert Conrad Developers, Inc. and with the
                    owners of all lots in Willow Brook Subdivision.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that the Regional Sewer District is also involved as a party in the agreements.  He reported the sewers inspected by the County could not be verified by staff as meeting City regulations.
    Mr. Patterson said staff has been assured by the County that the sewers were constructed according to standards, which are the same as the City's.  He said this is simply a case where the County does not maintain the same records as the City, and inspection records are not available for our own verification.
    Mrs. Crockett said she guessed this is no different from accepting streets in any pre-annexation agreement.  Mr. Patterson said it could be compared to a situation where the streets have already been built in the county, and then are annexed into the City.
    Ms. Coble asked if the agreement is okay.  Mr. Patterson said staff could not come up with anything better.
    Robert Conrad, subdivision developer, offered to answer any questions.
    Mrs. Crockett asked Mr. Conrad if he would be able to sell lots now.  Mr. Conrad said he has sold the majority of the lots in Phase 1.  Mrs. Crockett asked if he would have sewer to all of the lots.  Mr. Conrad responded he would, and has spent about $55,000 of his own money to build a lift station and a force main.  He reported he has actually alleviated a problem in this area for a great number of people.  Mr. Conrad had been assured by the County Sewer District that this would be accepted, and was the preferred route to go.  Mrs. Crockett asked if all of the people who purchased lots had signed pre-annexation agreements.  Mr. Conrad said they had.
    B328-98 was given third reading with the vote recorded as follows:  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, CROCKETT.  VOTING NO:  NO ONE.  ABSTAINING:  JANKU.  Bill declared enacted, reading as follows:

B331-98     Authorizing agreements for improvements to the Audubon and Stadium Boulevard
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this involves two agreements.  He said that Mr. Patterson has been working with the developers and the Department of Transportation for the installation of traffic signals at this intersection.  He said the City share would be to pay for the pedestrian accommodations at the intersection, estimated at about $20,000.
    Mr. Coffman said there had been early discussions about the pedestrian signals being used on a limited time basis.  He asked what the current plans are for use, and how it might coordinate with the pedestrian walkway.  Mr. Patterson thought the Highway Department has chosen to put it on full activation and available for pedestrian usage at any time of the day.  He said the signal would be in a regular sequence with the rest of the signals on Stadium.  Mr. Coffman asked how soon construction could begin after passage of the ordinance.  Mr. Patterson understood the permit is ready to be issued as soon as the Highway Department receives the agreements from the City.  He said the developer is anxious to get started on the project.  Mr. Patterson thought it would be entirely dependent upon the availability of materials.  He reported the type of work associated with the installation would not be impossible to do during winter months.  With luck, Mr. Patterson believed the project could begin this winter.
    Mayor Hindman asked about the portion of sidewalk that was requested to be constructed by MFA.  Mr. Patterson said MFA has been contacted, and if they choose not to proceed, there would be the option of issuing a tax bill assessment.
    Jane Addison, 2407 Shepard Boulevard, commented that all of the neighbors living in that area would be very happy to hear the news that the project  is proceeding.  On behalf of the residents, she thanked the Council, MoDot, the staff, and especially Mr. Coffman.
    Mr. Coffman thanked everyone from the East Pointe, Audubon, and Shepard Boulevard neighborhoods for all of their support.  He also thanked the East Pointe Neighborhood Association for donating some property in order to complete the project.  He is hopeful a sidewalk could be put all of the way through because there are a lot of kids that would like to go back and forth between the two neighborhoods.  He also thought there will be a lot of people that would like to walk to the theater.
    Mayor Hindman said this makes the second crossing on Stadium.  He is very pleased with that, and would like to see it continue.
    B331-98 was given third reading with the vote recorded as follows: VOTING YES: CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

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

B324-98     Approving the final plat of Highland Ridge, Plat No. 3.
B332-98     Accepting conveyances for sewer, utility, street, sidewalk and drainage purposes.
B333-98     Levying special assessment for weed nuisance at 804 Seventh Street and Lot 2 of Moon
                    Valley Heights.
B334-98     Authorizing a grant application to the Missouri Division of Highway Safety to provide
                    overtime funding for enforcement of hazardous moving violations; appropriating funds.
B335-98     Appropriating funds for lab tests related to police and fire physical exams.
R211-98     Setting a public hearing: construction of 12-inch water main serving Liberty Square,
                    Block 3; providing payment for differential costs above those to install an 8-inch water
R212-98     Setting a public hearing: construction of Sanitary sewer MC-7 Trunk Sewer serving
                    Thornbrook Subdivision.
R213-98     Setting a public hearing: storm water drainage improvements in the Defoe Drive area.
R214-98     Setting a public hearing: amendment no. 2 to the 201 Facility Plan Update, Wastewater
                    Collection and Treatment.
R215-98     Setting a public hearing: amendment no. 6 to Planning Report on Wastewater Collection
                    and Treatment.
R216-98     Setting a public hearing: annexation of city-owned property located on the north side of
                    Hinkson Creek Road, east of Hinkson Creek.
R217-98     Authorizing an ancillary services agreement with HealthCare USA of Missouri, LLC.
R218-98     Authorizing an agreement with First Night Columbia, Inc.  to provide funding for the New
                    Year's Eve special event.
R219-98     Authorizing an Adopt-A-Spot agreement with Eric Happ.

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

R220-98     Authorizing an airline agreement with Trans States Airlines, Inc., d/b/a TWE.
    The resolution was read by the Clerk.
    Mr. Beck explained that there had been a question raised as to whether or not TWE has been paying more than their fair share toward safety facilities since they were the only airline flying out of the airport.  He said that Mr. Patterson has been negotiating with them to come up with a manner in which the fees that are paid would better reflect the airline's use of the facilities.  Mr. Beck noted that staff is also working to resolve some of the funding that TWE has not paid as a result of the previous agreement.   He said there would be a change in the way TWE pays as it would be based on ridership.  He said they will also pay approximately $35,000 to settle a dispute.  Mr. Beck said the new formula will reduce the annual revenues by a certain amount, but if another airline starts up, the amount collected could at least make up the difference.
    The vote on R220-98 was recorded as follows: VOTING YES: CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.   VOTING NO: NO ONE.  Resolution declared adopted, reading as follows:

R221-98     Authorizing an agreement with Crawford, Murphy & Tilly, Inc. to perform engineering
                    services for the Cow Branch sewer improvements.
    The resolution was read by the Clerk.
    Mr. Beck explained that the staff had gone through a procedure in accordance with City guidelines for hiring an engineering consulting firm for this major sewer project in the north central portion of the City.  The estimated cost of the project is $2,240,000.  Mr. Beck noted that this project had been taken into account when figuring the estimates placed on the revenue ballot issue.  The engineering services estimate on the project is $164,000, and would be paid from the sewer utility fund.
    Mayor Hindman asked if right-of-way has been acquired for this project.  Mr. Beck said it had not, the first step would be to develop a design.  Mayor Hindman asked if it would be possible, when acquiring the easements, to also acquire pedestrian/bicycle easements.  He asked if something like that would be part of the engineering aspect of the project.  Mr. Beck said it could be kept in mind, but he did not think it should be the most significant driver if there is a substantial cost differential.   Mr. Beck asked Mr. Patterson whether any federal funds would be used as part of the project.  Mr. Patterson said they would be using the state revolving loan funding, which has a lot of the same requirements as a grant.   Mr. Patterson said the time to consider that issue is probably before the public hearings in order to obtain some information about what would be available.  He said staff would have plenty of time, in advance of acquiring any right-of-way, to evaluate this information by the time of the public hearing.  Mr. Patterson said the resolution setting the public hearing on the Facility Plan amendment would be up for adoption this evening.  The hearing will be held in December.
    The vote on R221-98 was recorded as follows: VOTING YES: CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.   VOTING NO: NO ONE.  Resolution declared adopted, reading as follows:

R222-98     Approving a Preliminary Plat of The Village of Cherry Hill Subdivision; variances to the
                    subdivision regulations.
    The resolution was read by the Clerk.
    Mr. Beck pointed out that this request had been recommended unanimously for approval by the Planning and Zoning Commission subject to variance requests.
    Mr. Campbell explained that this is one of those new urbanism developments they have heard so much discussion about.  He said this development is the first to come through that has many things he felt the Council is looking for, i.e., higher density and an integration of different types of uses in one proposal.  He is pleased to see this development progress.
    The vote on R222-98 was recorded as follows: VOTING YES: CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  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:

B336-98     Authorizing construction of a 12-inch water main serving Liberty Square, Block 3;
                    payment of differential costs above those to install an 8-inch water main; appropriating
B337-98     Calling for bids for the construction of MC-7 Trunk Sewer serving Thornbrook
B338-98     Calling for bids for the construction of the Glen Eagle Drive storm drainage
B339-98     Calling for bids for sanitary sewer relocations necessary in conjunction with the Route B
                    improvement project.
B340-98     Calling for bids for the street construction of Conley Road from I-70 Drive SE to its
                    northern terminus.
B341-98     Calling for bids for the construction of H-4 Trunk Sewer serving the Baurichter property.
B342-98     Amending Chapter 14 of the Code relating to parking prohibited locations.
B343-98     Amending Chapter 14 of the Code to provide additional metered parking on portions of
                    Hitt Street and Stewart Road.
B344-98     Accepting a conveyance of Lots 134 and 135 of the Seven Oaks Subdivision.
B345-98     Accepting conveyances for utility purposes.
B346-98     Vacating a portion of Pannell Street, north of the Columbia Terminal Railroad right-of-way.
B347-98     Approving the final plat of Southwell Subdivision; variances to the subdivision
B348-98     Approving the final plat of The Highlands, Plat 17.
B349-98     Approving the replat of Lot 12120 of The Highlands, Plat 12-A.
B350-98     Approving the replat of Lot 51 of Country Club Villas, II, amended.
B351-98     Approving the replat of Lot 89 of Country Club Villas III.
B352-98     Rezoning 1809 Vandiver Drive from O-1 to C-P.
B353-98     Rezoning 209 and 213 Third Avenue from O-P to C-P; approving a C-P Development Plan.

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

(B)     Street Closure Requests.
    Mr. Beck explained that the first street closure request is for the Earth Day 1999 activities, and the second request is for the First Night celebration.
    Mr. Campbell made the motion that the requests be approved as submitted.  The motion was seconded by Ms. Coble and approved unanimously by voice vote.


    Ms. Coble, on behalf of several neighborhood associations, said residents were very excited that the Council had appropriated money to reconstruct the playground equipment at the Worley Street Park.  She said the staff had done a very good job completing the project.  Ms. Coble reported that the neighborhood had been very saddened when somebody took it upon themselves to vandalize and burn down the new equipment as soon as it was put in.  She said residents are hopeful the playground could be rebuilt and would remain longer than a day.
    Ms. Coble asked that staff look at the lighting on Oak Street to see if there might be some way to increase it.  She also asked the staff to look into lighting in alleyways, in particular between Third and Fourth Avenues.
    Mr. Janku said the Council received a memo from Mr. Patterson, regarding a couple of sidewalk issues, indicating that the Council would need to make a referral to Planning and Zoning, or at least initiate the process for some changes.
    Mr. Janku made the motion that the sidewalk issues regarding sidewalks along expressways and in industrial areas be referred to the Planning and Zoning Commission for their recommendations for necessary amendments.  The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    Referring to the new state office building being constructed on Vandiver, Mr. Janku said when it is completed, it will have 350 employees and a number of agencies that will be drawing clients.  The facility will be on a bus route, which he said had been a previous concern.  He asked that the staff look at evaluating how bus service will be provided to this area.  Mr. Janku's concern relates to the danger of letting people off on the opposite side of the street on Vandiver.  He suggested looking into providing service directly to the building, as opposed to people having to cross the busy street which has no pedestrian curbs.   Mr. Janku asked whether any contact had been made with the state regarding the Vandiver/Rangeline intersection being upgraded to improve traffic flow.  He said it is backed up at this point, and with this major state facility being constructed on Vandiver, peak rush hour traffic will only get worse.
    Regarding the bus situation, Mayor Hindman commented if it is too difficult to change the route, it would be a good place for a pedestrian crossing.  Mr. Janku said that would be a possibility.  He said he would like to see some different options.
    Mrs. Crockett asked about the right hand turn onto Vandiver off of 763.  She said it had been worked on, but it is in about the same condition as it was several weeks ago.
    Regarding the intersection of William and Windsor, Mrs. Crockett explained that there is now a two-way stop sign.  Because of the widening project, sight distance problems now exist and the neighborhood is requesting a four-way stop.  Mrs. Crockett asked that the staff report back.
    Mrs. Crockett said she had been to Hanover Estates for the first time to see where the HOME funds were going.   She reported these are very nice homes for people 55 years of age and over.  Mrs. Crockett stated residents expressed an interest in improved street lighting on Hanover because many like to walk in the area.  She said presently there are only three or four small street lamps.  Mrs. Crockett also reported there is no bus service in the area, and it is difficult for the residents to walk all of the way to Route PP.  She asked staff to look into bus service to the vicinity.   Mr. Janku thought the density was there for that type of service.  Mrs. Crockett asked for a report back.
    Mr. Kruse announced that he would not be seeking re-election in April.  He encouraged anyone interested in his 5th Ward Council seat to contact him.  He would be happy to meet with them.
    Mr. Coffman said he had met with the Grindstone neighborhood and they were coming to terms with the new AC.  He said it has been difficult for them to realize what is going to happen to their very quiet neighborhood.   He said residents are worried about a safe pedestrian passage from Grindstone Park to the other side of AC.  Mr. Coffman has heard the underpass idea mentioned several times, but is not sure that he had ever heard a real definitive idea about the feasibility or a cost estimate.  He would like to see a thoughtful cost estimate or other means to get pedestrians from one side of the street to the other.
    Mr. Kruse said he had been at the meeting with Mr. Coffman, and about 30 residents were in attendance.   He and Mr. Coffman have both tried to explain to residents this is going to be a really good road design, and may actually be an enhancement.  In the Advisory Committee meetings, he did not recall if there had been any in-depth discussions about an underpass.  Mr. Kruse said the property owner of the R-3 tract across from the park was at the meeting, and he thought it was pretty clear that the property would eventually be developed.  He noted there is a huge amount of R-3 north of AC.
    Mr. Coffman made the motion that staff report back on options for an underpass or other pedestrian facilities.  The motion was seconded by Mr. Kruse and approved unanimously by voice vote.
    Mr. Janku commented that the City has been working with the state on improvements to the intersection of West Boulevard and I-70 Drive SW.  He is not sure the issue of sidewalks had been brought up.  He asked for a report.
    Mayor Hindman noted that an Adopt-A-Spot had been approved on the Consent Agenda this evening.  He said it is along the little sidewalk that was built from Westwinds Drive over to Stadium.  He congratulated Mr. Happ and thanked him for his interest.
    Regarding Route AC, Mayor Hindman understood it is a matter of concern to the neighbors in the area.  He explained a roadway in Newport, Tennessee that was similar to AC with two lanes going each way.  He said the road has curbs and gutters, sidewalks, and a planted median where left hand turns could be made.  He said the road went right through a residential area and, although it carries a tremendous amount of traffic, it was extremely pleasant to travel on.  Mayor Hindman reported the interesting thing is that the road changes and loses the sidewalks and planted medians.  He said it is an entirely different atmosphere.  The two roads were carrying the exact amount of traffic, but one was a huge benefit to the community and the other was just ugly.  Mayor Hindman thought in the long run, the neighbors on AC will find it very acceptable.
    Henry Lane, 1816 E. Broadway, said he was not able to obtain all of the information he had requested regarding the use tax proposition.
    Mr. Beck said he is not sure anyone was withholding anything.  He said the issue has been as open as possible.  He again explained how the figures for the use tax had been arrived at.
    Audrey Sabel, 3800 Mint Julep, noted that the City has annexed a lot of property recently.  She asked if consideration had been given to changing the make-up of the Council.  Mayor Hindman explained that would require a Charter Amendment.  He said there was a lot of argument as to what the size of a City Council ought to be.  He said that City Council members represent far fewer people than anyone in the Legislature does.  Mayor Hindman noted that a lot of newly annexed areas have yet to develop.  Ms. Sabel asked when these new areas are annexed, if these developments contribute toward infrastructure costs.  Mr. Janku said that is correct, and it is spelled out very specifically in terms of road construction, sewers, etc.  He said it is very detailed and information can be obtained from the City offices.
    Larry Petterborg, 5003 Thornridge, read a letter regarding urban sprawl and the issue of city expansion around the edges is not healthy.  Urban sprawl, he said, is the unnecessary growth of a city into its surroundings, which leads to higher taxes, lower property values, loss of green space and farmland, flooding and erosion, and air and water pollution.  Mr. Petterborg reported that bigger is not better.
    The meeting adjourned  at 10:30 p.m.

                                                                                                  Respectfully submitted,
                                                                                                  Penny St. Romaine
                                                                                                  City Clerk