MAY 21, 2001

    The City Council of the City of Columbia, Missouri met for regular meeting at 7:00 p.m., on Monday, May 21, 2001, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, and HUTTON were present. The City Manager, City Counselor, City Clerk and various Department Heads were also present.

    The minutes of the regular meeting of May 7, 2001, were approved unanimously by voice vote on a motion made by Mr. Hutton and a second by Ms. Crayton.

    Upon his request, Mr. Janku made the motion that Mr. John be allowed to abstain from voting on Bills 175-01, 176-01, 177-01, and Resolution 59-01. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    Mayor Hindman noted that R78-01 would be added under New Business and B194-01 would be added under Introductions.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Loveless and a second by Ms. Crayton.

Presentation of FY00 Annual Audit.
    Mr. Beck voiced his pleasure with the process and especially with the management letter because it was very supportive of the manner in which the City's financial matters are handled.
    Lori Fleming noted that this was the first year KPMG performed the audit. She felt it went well and pointed out that the City remains in sound financial condition. She stated there were no questions, cost, or findings under the single audit report.
    Phil Hansen, 801 Canterbury, Chair of the Finance Advisory Committee, explained that the Committee had met and reviewed the audit. He said they were pleased with the results of the audit and presented their findings to the Council.

Sam Karl - Report on Beautification & Recycling.
    Sam Karl, 1404 Gary, a member of Citizens for Sustainable Resource Use, explained that he had researched an organization called Keep Indianapolis Beautiful. He said two former Council members had recommended that Columbia use the Indianapolis recycling system. Mr. Karl summarized his findings.

B161-01     Calling for bids: Phase 2 expansion at Columbia Regional Airport.
    The bill was given second reading by the Clerk.
    Mr. Patterson explained that when the project was originally developed, funding was not available to construct the entire apron so the project was split into two phases. The estimated cost of the second phase is $763,000 with 90% being paid for by the federal government through an Airport Improvement Program Grant. The City would fund 10% of the project which was already appropriated for this purpose. The work will be done this summer if the Council wishes to proceed with the project.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B161-01 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B168-01     Approving the "Totally Kids Child Care: O-P Development Plan; granting variances to the Sub-
                   division Regulations.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained that the Planning and Zoning Commission recommended approval of this development plan subject to three conditions. He listed the conditions as follows: An O-P screening requirement along the west property line; a sidewalk variance along 295 feet of Scott Boulevard subject to a payment in lieu of construction of $5,015; and approval of a sidewalk variance along Rainbow Trout Drive. Mr. Dudark indicated the conditions were originally contingent upon a public pedestrian easement, however, a revision was made to the site plan to show a seven foot wide sidewalk. Mr. Dudark said that would give a five foot clear space with two feet for vehicle overhang. The staff felt that was satisfactory and recommended approval of the request with the conditions.
    Mayor Hindman opened the public hearing.
    Bill Crockett, an engineer with offices at 2608 N. Stadium, felt the builder was not side-stepping any issues, but rather asking for a different location of a sidewalk in one instance and a delay on the other until Scott Boulevard is improved.
    Mr. Hutton asked if he understood correctly the justification for moving the sidewalk in from the street was to prevent parents from dropping their kids off. Mr. Crockett said the applicant did not want the possibility of people dropping off or picking up their children on the other lane. He noted that the road is divided at that point. In addition, Mr. Crockett explained the design would prevent traffic from being blocked at the main entrance into the daycare. He said there is also some landscaping along the area that would be more appropriate at the other location.
    Dawn Ford, 1010 Coho Court, explained that the neighbors are concerned about the screening variance. She noted that the back of her lot is immediately adjacent to the property in question. With the chain link fencing that is being proposed, she will be able to see the back of the building as well as all of the cars parked on the north side of the building. Ms. Ford stated that residents suggest the planting of four foot evergreens on that side, but her preference would be more screening in the area. Her preference was a privacy fence, which will be erected on the south side. Ms. Ford recommended that the parking lot be on the north side. With the driveway being on the north side, just past the center island, traffic will be blocked both coming in and out of the subdivision. She said Scott Boulevard will also be blocked by people trying to turn into the subdivision. Ms. Ford thought it made more sense to have both an entrance and an exit on Scott Boulevard. She also expressed concern about the lighting for the facility.
    Linda Phillips, an architect with John Phillips Architects, explained that she has worked on the plans for this project. She noted that screening is being provided for the parking area and it is shown on the site plan. Ms. Phillips explained that the variance on the landscaping is primarily at the building location where the storm water structure is located. She said the large, concrete culvert located on the west side of the building site prevents any landscaping in this area. Ms. Phillips stated the landscaping buffer would have to be on the adjacent lot to the west insofar as they have a huge drainage easement including the concrete culvert making the area unplantable.
    Regarding the entrance into the development, Ms. Phillips noted there are plans for the expansion of Scott Boulevard at this location. She reported the applicant applied to the state for a right-in/right-out entrance as a secondary entrance for the daycare to relieve traffic off of Coho, but this was denied by the State unless they provided a left turn lane on Scott. She said they felt it was not a doable deal at this point in time. Ms. Phillips thought there might be an option for a right-in/right-out at the time Scott Boulevard is improved.
    In reference to lighting, Ms. Phillips explained the proposal complied with design parameters required by the City for parking areas. She explained the light standards were originally located on Scott Boulevard internal to the site, but the Water and Light Department requested that they be moved to the interior to shine out toward the parking lot on the east side of the building. Ms. Phillips noted the nature of the building is fairly residential. She passed around elevations.
    Mr. Janku asked about the location of 1010 Coho in relation to the site. Ms. Phillips explained that Lot #2 lies between 1010 Coho and the daycare. She pointed out that the grade on the entire development is such that the back of the lot, the residential development and three cul-de-sacs, is substantially higher than the property in question location. She said they are in the low-lying land between the storm water drainage structure and Scott Boulevard. Ms. Phillips remarked there is some 200 feet between the back line of 1010 Coho and the west line of the subject site.
    Mr. Loveless asked about lighting on the west side of the building. Ms. Phillips said there are no light standards on that side. She said there are two covered terraces for the children to use in inclement weather or for exiting the large play area. She said those would be ceiling mounted lights that go down into the covered terrace area. Mr. Loveless understood there to be no lights on that side of the building that would face the back of Ms. Ford's house. Ms. Phillips said that was correct, there would only be the pole lights for the parking lot.
    Mr. Hutton noted the landscaping and fence screening in the parking area. Ms. Phillips said they are pressing that line quite a bit. She said they cannot build over the easement, but the parking lot could be placed in this area and the proposal calls for landscaping as well. She indicated what residents will see from the cul-de-sac is the daycare's roof and that is why they put the hip roof on it -- so it would look residential. She said there will be requirements for some mechanical units on the back side of the roof. Mr. Hutton asked if the dumpster pad is screened. Ms. Phillips said it was. Mr. Hutton questioned whether the west elevation will look as good as the east and north. She responded they are trying to make it look as good as possible. Mr. Hutton wondered if it would be masonry as well. Ms. Phillips commented it would be vinyl siding, as is the south side.
    Mr. Janku asked if there would be any windows on the west side. Ms. Phillips said there would be some doors and windows out of the classrooms. There are also some high windows in the large play structure.
    Mayor Hindman asked if there was a way to screen the air conditioning units on the roof from the west side. Ms. Phillips said they could put a decorative fence around it, but believed residents would still be able to see over this fencing because of the lot's elevation.
    Ms. Ford agreed she would be able to see over an eight foot fence, but she would not see the entire back of the building. She commented that the Planning and Zoning Commission suggested that different types of trees could be used to help screen the property. Ms. Ford reiterated her concern about the parking lot lights and asked how high they would be.
    Mayor Hindman closed the public hearing.
    Mr. Janku asked about cars stacking at the entrance. Mr. Patterson said it was believed there was enough room off-street to prevent such. He noted the applicant is trying to keep people from using the sidewalk on the north side for loading and unloading. He said the problem is that the Highway Department simply will not allow another entrance onto Scott Boulevard. Mr. Janku asked if the entrance could be moved further west. Mr. Patterson agreed that it would be better to locate the entrance further to the west.
    Mr. Hutton asked if it was the staff's opinion that there is no way to screen the west side. Mr. Dudark responded that from the testimony given at the Commission meeting, there was no practical way to do it. Mr. Hutton indicated he visited the site and saw the ditch in this area, but he could not tell where the property lines were.
    Ms. Crayton asked if the pole lights were 25 feet high. Mr. Dudark said that was correct. He thought the lights were oriented to the front of the building, which is the north side where the entrance is and also the parking and driveway area. Mr. Hutton noted that the plan showed the lights at 30 feet. Mr. Dudark remembered the architect saying they would be reduced to 25 feet.
    Mr. Coffman asked if there was a provision for the lights to be shielded in any way. Mr. Dudark thought they could be the shoe box type light fixtures that shine down rather than out.
    Mr. John commented if the fencing properly screened the property from the R-1 lots, there would be no reason to grant a variance. He was hearing from the staff that it would not do any good because it would not hide anything. Mr. John believed it was reasonable to grant the variance. He thought the lighting issues had been addressed. The lot between the daycare and Ms. Ford's property shows up on the map as mostly flood plain, even though it is zoned R-1.
    The vote on B168-01 was recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B169-01     Annexation of land located on the east side of Bearfield Road, south of Nifong Boulevard;
                   establishing permanent O-P zoning.
B170-01     Rezoning property located on the southeast corner of Nifong Boulevard and Bearfield Road from
                   A-1 to O-P.
    Both bills were given second reading by the Clerk.
    Mr. Dudark explained that the combined properties consist of about 25 acres. He stated that Tract A, containing 15.9 acres, is already in the City and the request is for O-P Planned Office Zoning. The annexation request is for Tract B, the area to the south containing 7.6 acres, and the application is for O-P zoning. The purpose of the proposal is to develop a residential care facility consisting of 24 duplex villas, 144 retirement apartments, a 78 unit assisted living complex, and a 60 bed nursing facility. The Metro 2020 Plan shows this area as a neighborhood district and Mr. Dudark said if the permitted uses were limited to residential as requested, the rezoning would be in conformance with the Metro 2020 Plan.
    Mr. Dudark explained that staff believed the earlier request for O-1 uses to be problematic as it would include hospitals, medical clinics, banks and general offices. He understood that the applicant's attorney prepared a revised ordinance which the council would be receiving shortly. The uses that may still be allowed are more intensive and would generate more traffic as compared to the retirement housing. He noted that on Tract B, to the south, the applicant is requesting R-3 uses. This is directly across from the Bearfield Meadows R-1 Subdivision. Mr. Dudark indicated that staff recommends R-2 rather than R-3, and that hospitals, clinics, banks, and offices not be allowed in either Tract A or B. He said they have no objection to allowing a doctor's office, a pharmacy, or an ATM as accessory uses to the residential care facility which would be the principal use.
    Mr. Dudark reported one of the main issues on the application is the 40% site coverage request for impervious surfaces (would include buildings, parking lots and driveways). He noted that this property is in the Clear Creek Watershed which has been rated as a Class II medium sensitivity watershed in the study that was performed. As such, it has been recommended that impervious coverage be limited to 15% outright, with another 10% allowed for use of structural best management practices and another 6% on top of that for non-structural best management practices for a total of 31%. Mr. Dudark reminded the Council that Bearfield Meadows had been limited to 30%. The staff recommendation, along with the Commission's recommendations includes a few other items such as use of wet extended detention basins for storm water detention, a developer contribution to Bearfield Road improvements to be determined at the time of O-P Plan approval, prior approval by the City, or even no use, of lawn pesticides, and a written agreement between the owner and the City on the maintenance of storm water control structures. Mr. Dudark pointed out that the recommendations were included in the report, but not necessarily included in the ordinance before the Council.
    Mayor Hindman asked if Bearfield Meadows is in the Clear Creek Watershed as well. Mr. Dudark replied it was. Mr. Coffman indicated there is some connection between the two, with one flowing into the other.
    Mr. Coffman said another issue residents expressed concern about related to the location of the northernmost access road on the west side of the property. He said there was a question about it being the best location for the road because it was on a hill. Mr. Patterson replied that those kinds of things are the issues staff takes into consideration when the detailed plans are received.
    Mayor Hindman opened the public hearing.
    Craig VanMatre, an attorney with offices at 1103 E. Broadway, spoke on behalf of the contract purchaser. He handed out two replacement ordinances he had discussed earlier with Mr. Boeckmann. He said these bills were designed to amend the earlier submissions, yet provide for the protection the staff was looking for.
    Linda Detring, Chief Operating Officer of Lutheran Senior Services, contract purchaser, explained that they are sponsored by 89 Lutheran Churches in the St. Louis metropolitan area and into the metro east area in Illinois. She summarized their Christian mission and how they carry it out. In addition to their continuing care retirement communities, Ms. Detring stated they also offer in-home health services, private duty, etc. They also provide affordable housing for about 700 older adults which includes their HUD 202's and some properties they manage for the St. Louis Housing Authority.
    Joe Kunkmiller, Director of Development for the Provident Group, displayed a rendering of the proposal and briefly explained the location of the housing units. The 24 duplexes will consist of approximately 1,500 square feet per unit, including a one-car garage. The two and three story building contains 144 apartments units ranging in size from 530 square feet to 960 square feet. The assisted living component, which will be licensed as Residential Care II (a component requiring a Certificate of Need), will be a one and two story building consisting of one and two bedroom studio apartments ranging from 320 square feet to 680 square feet. The last component was a 36 unit skilled nursing facility with a total of 60 beds (also requiring a Certificate of Need). Mr. Kunkmiller noted that the decision has not been made as to whether or not the project will be phased or built all at once. He thought they would probably phase it beginning with the assisted and half of the independent apartments, including all of the common areas.
    Paul Osher, President of the Provident Group, the development arm of Lutheran Senior Services, said his job was to ensure that the operations work on a financial basis as well as meeting the philosophies of Lutheran Senior Services. In order to meet all of their goals, Mr. Osher explained the need to develop a campus of the nature to that being displayed.
    In terms of impervious surfaces, Mr. Osher reported there would be about 400,000 square feet on a site with slightly over one million square feet. To bring it down to the 30% level would mean the reduction of 100,000 square feet. Mr. Osher said they have been given advice as to how they could accomplish that and they have taken that into consideration. He enumerated the problems they encountered such as reducing the size of the project. To hit the economy at the scale they require, the present size of the project is what they need to be able to deliver the quality at a value that can be afforded. Another suggestion was to make the buildings taller. He said skilled nursing requires that the 60 beds be on one floor, so that was not an option for the skilled nursing component. In the assisted living area, it has been designed so that part of the building will be two stories. Mr. Osher commented the only building that could be made taller from an operational standpoint is the congregate apartments. Currently, this building is a combination of two and three stories. He indicated if it went to four stories, they would save less than 20,000 square feet at a significant increase in cost. Another suggestion had been for pavers in the parking lot. He said that would not work because the elderly clientele need a solid surface. Mr. Osher stated his organization is willing to spend the money, and are committed to do so, in order to construct the necessary storm water retention facilities that would hold and release water over a period of time so it does not flow off the land at any greater rate than it would have before development. Their calculations show they would actually be able to slow it down.
    Bill Crockett, Project Engineer, with offices at 2608 N. Stadium, stated that the quantity of water leaving the subject site will be controlled so that it will not degrade the downstream portions of the receiving stream. He explained how that could be accomplished with a detention facility with extended periods of retention. He pointed out the basin shown on the drawing and said it was a permanent feature of the tract. He said it would have a fountain that would create aeration which is one of the methods of treating organic materials. The quantity of the surface water allowed to leave the site will not exceed that leaving the site now for the two, ten and twenty-five year storm based on a 24-hour rainfall event. Mr. Crockett reviewed the hydrograph sketch handed out earlier, which was typical for any watershed. He said the permanent basin is a water feature for landscaping purposes and would have a depth of three to four feet. The storage volume would be about 80,000 cubic feet, which would be the equivalent to about one inch of runoff from the entire site. That same basin would have sufficient berming that would allow storage of another 100,000 cubic feet of water -- another inch and one-quarter. In addition, the areas to either side of the basin are temporary or emergency overflow basins for more storage. He said that would be equivalent to the total runoff of the 25 year storm. Mr. Crockett explained other devices that could be used to control the discharge.
    Mr. Coffman asked if any studies had been done that would determine how water quality or quantity might be mitigated. Mr. Crockett noted that the adjoining subdivision to the west already has a detention facility that is a tributary to this site and goes on to the stream. He said that had not been taken into consideration by his interpretation, but it would reduce the need because they would not be addressing that amount of runoff. Secondly, he said the amount of runoff, whether it be from a 10% impervious area or a 50% impervious area, can be addressed and related back into a quantity that is equivalent to the original conditions.
    Craig VanMatre explained what he had listed in Exhibit A, which contained everything the Commission and the staff wanted the applicant to guarantee as far as this development is concerned with the exception of the degree of impervious surface. He said they are committing to build structures which will mimic the existing hydrologic conditions on this property after development. The final plat will contain the exact design of those structures so that Public Works can determine the structures will retain water and release it in such a manner as to mimic present conditions as far as surface water drainage is concerned.
    Mr. Coffman asked about the enumerated uses. Mr. VanMatre explained that it was amended to stipulate those uses allowed in O-1 which are ancillary to an assisted living facility. Mr. Coffman agreed that was much more restrictive. Mr. VanMatre concurred and said it was designed to address objections by the staff. Mr. Coffman asked about the condition regarding a business license. Mr. VanMatre pointed out that once the certificate of occupancy is granted, the City would lose its control. He said if the Council wanted to amend that paragraph to say the City could repair or modify the structures and bill the owner for it, that would be another solution. Mr. VanMatre preferred revocation of the business license.
    Mr. Janku asked about the R-3 uses. Mr. VanMatre replied that Mr. Dudark did not think that Tract B (the southernmost tract) should have R-3 uses. He said Tract B would only allow R-2 uses if they abandon the assisted living use, which is more restrictive than what was originally requested.
    Tom Moran, 413 W. Walnut, Chair of the Osage Group of the Sierra Club, commented that water quality was not being addressed. He said the applicant cannot guarantee the safety of Rock Bridge State Park.
    Jim Davis, 9642 S. Route N, spoke about impervious surfaces and its interaction with storm water. He indicated the need to differentiate between peak flows (flooding) and water volume. Mr. Davis said there was no way to control total volume. He disputed the claim that the applicant made about being able to return the water quality to what is normally coming off the site. Dr. Davis commented that he was not aware of any strategies or best management practices that will really reduce the pollutants in the water down to zero. He also quoted from a technical manual regarding wet ponds being one of the preferred strategies. Dr. Davis reported that roughly 40-60% of the pollutants pass through, no matter what type of detention basin is put in.
    Mayor Hindman asked how much land would have to be added to this property or somewhere else in the watershed. Mr. Davis said to reduce the impervious surface from 40% to 30% would mean another approximate eight to ten acres. He said that additional area would need to be within the same watershed.
    Joe Bindbeutel, 1701 E. Gans Road, on behalf of the Bearfield Neighborhood Association, remarked that the plans had been made available to the neighborhood and that Mr. VanMatre had done a good job of explaining the applicant's approach to development. He said they look forward to these neighbors and had only a few concerns about the overall construction. He thought the 30% of impervious surface area applied to Bearfield Meadows should also be applied to this development. He said that percentage is not just a quantity limitation -- it was based on a lot of meetings and review of literature that suggested best management practices cannot help once a certain threshold has been passed. Mr. Bindbeutel indicated the total amount of impervious surface is simply an arithmetical multiplier of how much contamination is going to end up in the creeks and rivers in the area. He asked the Council to table the issue for 30 days so they could review Mr. VanMatre's amended ordinance.
    Sharon Hansen, 1307 Dunbar, read from an article which she passed out to the Council, about evaluating watersheds as unique entities with distinct sensitivities and specific capacities for urbanization.
    Cliff Balmer, 6306 S. Old Village Road, addressed the water quality/quantity issue. He said no matter what is installed on these sites, it would still increase the discharge of pollutants to downstream areas.
    Jessica Orsini, 3102 Alpine, spoke about urban sprawl.
    Waldo Palmer, 414 Alexander, suggested that those people who do not want to see urban development should buy the property in question.
    Karl Skala, 5201 Gasconade, felt it was imperative that everyone living in this watershed live by the same rules.
    Dee Dokken, 208 Sanford, said that an additional 8 acres is what would be required in a conservation easement or transferred development rights that would allow the applicant to keep the impervious surfaces to 30%.
    Mayor Hindman closed the public hearing.
    Mr. Janku asked about a report the Council received several years ago which proposed regional detention basins in various locations around the city. Mr. Patterson said it is used in identifying areas the City proposes to purchase for preservation of green space and regional detention. He said there is nothing in the plan for the Clear Creek area for the purposes of detention. Mr. Janku asked if that was because development had not been anticipated in this area. Mr. Patterson concurred with that assessment. He said they would have to update the study on the Clear Creek area. Mr. Janku asked if that could be done using storm water funds. Mr. Patterson said it could.
    Mr. Hutton asked about the origin of the 30% figure and how it was calculated. Mr. Patterson noted that the City does not have an ordinance that specifies 30%. He reported the policy resolution adopted by the Council encouraged planned development so the issues of storm water can be addressed in this area. In his opinion, Mr. Patterson perceived the 30% as a stop-gap decision until a long-term storm water management plan is developed. He anticipated having a draft ordinance back from the consultant in mid-June. Currently, there is no legislation that specifies a level of impervious area. Mr. Patterson believed the 30% has become somewhat accepted by groups because it has a basis in fact with regard to the point which serious degradation of a basin becomes very difficult to recover from. Mr. Hutton asked if there were standards for less sensitive areas. Mr. Patterson replied that there are none. He said they have had a report prepared and a proposal being reviewed by a consultant for the City that is based on impervious areas. He explained that there are different levels of sensitivity being proposed for levels of impervious area. Based on the preliminary report, 30% would not be the allowable level in the Clear Creek area. Mr. Patterson said it was one of the more sensitive ones and he believed it was 15%. Dr. Davis said that was correct - 15% plus extra credits for the best management practices. Mr. Hutton noted that the development the Council just approved, which was much smaller, had 66% impervious surface.
    Ms. Crayton thought the standard was set at 30% for Bearfield Meadows and it should be the same for this piece of property.
    Mr. Coffman asked if the staff felt comfortable with the applicant's proposed enforcement strategy. Mr. Patterson said their concern right now is being able to achieve the expectations that have been listed. He thought the goals and intended results are very admirable, but as Dr. Davis said, the expectation that the applicant can actually achieve such may prove to be very difficult for staff to assure the Council at this point. This is primarily because staff has not seen details or the development of a mechanism to assure that these things will occur and will be effective.
    Regarding the enforcement strategy, Mr. Boeckmann noted a number of problems with it as well as problems with legality. He spoke about the illegality of rezoning a tract with a clause that would revert the zone to what it was originally if it is not used in five years. He said if there is a zoning change, there should be advertised public hearings.
    Mayor Hindman thought this development should be held to the same standard as Bearfield Meadows. He said he would like to have such a development in our community, but would have to vote against permitting it if the impervious surfaces are not kept to 30%.
    Mr. John commented that the City has a storm water utility that appropriates one million dollars each year into developing facilities for such. He said $300,000 of it is spent on staff so there are people being paid to design and develop storm water. Mr. John thought perhaps the City needs to do more on the off-site side of it as most of the work has been spent repairing existing systems since it was put into effect about five years ago. He said now may be the time to get out in front of it instead of catching up. Mr. John commented each planned development will be different. As this is a plan for a retirement facility, there are mitigating circumstances that makes it different than a single family residential neighborhood or an office park for general use. As such, there should be different criteria for it. In addition, the watershed is not all at one level and there should be some flexibility when determining the amount of impervious areas within each specific development. Mr. John suggested the Council table the issue for two weeks and allow the staff to look at it further.
    Mr. John made the motion that B169-01 and B170-01 be tabled to the June 4, 2001, meeting to give staff time to review the ordinances that were presented this evening by Mr. VanMatre. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.

(A)     Construction of Forum Boulevard from Dunbar Drive to Old Plank Road.
    Item A was read by the Clerk.
    Mr. Patterson explained that the purpose of this hearing is to determine the public necessity for construction of Forum Boulevard from Dunbar Drive south approximately 200 feet to the intersection with Old Plank Road, in addition to the installation of traffic calming devices on Forum between the street project limits and Nifong Boulevard. He reported this proposed extension of roadway has been on the City's Thoroughfare Plan for many years, and several years before most of the houses in the area had been constructed. Staff believes the extension is an important part of the Thoroughfare Plan and to the City's traffic circulation needs.
    Mr. Patterson noted that the project had been approved by the voters in 1995 with funding from the quarter cent sales tax. The additional traffic calming being recommended is the result of meetings with residents in the area who had concerns about speeding vehicles and the subsequent problems that may occur from increased volumes on this road. The street is currently classified as an arterial street; however, Mr. Patterson said it is being proposed in the current CATSO 2025 Plan to be downgraded to a neighborhood collector street. Staff is recommending that the new classification be the basis for design.
    Mr. Patterson reported the proposal calls for the new pavement section to be 30 feet in width with a five foot sidewalk along the east side and a 10 foot pedway along the west side. He said there will be treescaped areas ranging from nine to twenty-three feet in width for planting. It is also proposed to include three landscape median sections for traffic calming purposes. Due to the downgrading of the classification, Mr. Patterson said the intersection of Old Plank Road with Forum has been changed. Originally, it was intended for Forum to be the primary roadway as it continued southward with Old Plank Road teeing into it from the east. The proposal now calls for Forum to tee into Old Plank Road. Staff felt that would de-emphasize Forum Boulevard and would result at slowing traffic at the intersection.
    Mr. Patterson indicated the proposed extension is adjacent to, and crosses, an unnamed tributary to Little Bon Femme Creek, downstream of Cedar Lake. Since the road would cross the creek, Mr. Patterson said the Corps or Engineers had been contacted regarding permits to construct the stream crossing and roadway fill. A wetlands delineation study will be conducted to determine if wetlands are present. He said they have not envisioned any unique problems with the project in that respect. Mr. Patterson stated the street project has also been discussed with members of the Bon Femme and Little Bon Femme Watershed Partnership, a landowners group focused on improving water quality by working with landowners in the watershed. The street alignment is shown to be located away from the creek to minimize disruption of the riparian corridor. During the design, natural stream bank stabilization techniques will be utilized and opportunities will be sought wherein planting native species will benefit the stream corridor.
    In response to concerns about existing problems on portions of Forum Boulevard, Mr. Patterson said a traffic study of the street from the current south end northward to Nifong was conducted by staff to identify any speeding problems. With resident input, staff has developed a recommended traffic calming plan. The treatments on existing Forum will consist of a median island south of Highlands Parkway, a roundabout at the intersection of Forum and Southampton, and median islands at the ends of the bridge over Mill Creek between Southampton and Nifong. Mr. Patterson said that design features and lighting will be discussed with residents in more detail during the final design.
    Mr. Patterson related that the estimated cost for the project is $830,000. Properties abutting the new street construction are subject to potential tax billing in the amount equivalent to the cost of curb and guttering which has been set on this street not to exceed $14 per lineal foot. The traffic calming devices north of the street project are not to be tax billed but will be paid from funds available for annual streets and traffic safety programs. Of the approximate 4,000 feet of abutting property, Mr. Patterson said only about 1,165 feet of it is subject to tax billing. He explained this is because over 2,500 feet of the abutting property is located in the County, and also because the City will have to buy lots at the intersection of Forum and Old Plank Road for the right-of-way. The remaining properties that are subject to tax bills are the Cedar Lake Homeowners Association, The Highlands Properties, The Highlands Homes Association and Chris and Stacy Holiday, who own property on the east side of the proposed Forum Boulevard. Prior to levying special assessments, he said there would have to be a public hearing after completion of the project. At that time, the Council will have to determine if there have been special benefits accrued to the property as a result of the street improvement. Mr. Patterson indicated the Council will also have the option to determine there are no significant benefits and deferring tax bills.
    Mayor Hindman opened the public hearing.
    Eleanore Wickersham, 4920 Forum, handed the Clerk a petition containing 256 signatures of people opposed to the extension of Forum Boulevard. The majority of people signing the petition were concerned about the increased traffic volume and the safety hazards the additional traffic would pose. Ms. Wickersham argued that the CATSO Plan clearly states that a proliferation of driveways increases accident rates. She said there are 40 residential driveways on Forum from Dunbar to Nifong. She noted a second safety hazard created by the Swim Club. Ms. Wickersham felt that downgrading the road to collector status would not decrease traffic volumes, which leaves residents with the same safety hazards. She stated that people living along Forum should not have to endure a lower standard of safety than other neighborhoods for what she labeled a planning mistake. Ms. Wickersham saw no need for this project and said Old Plank Road can currently be reached by traveling on Bethel Road.
    Sharon Hansen, 1307 Dunbar, stated that she is opposed to the extension for a variety of reasons. She passed out pictures showing the degree of flooding that occurred at her home last Thursday evening. She asked that the money be spent in the Fifth Ward for more pressing street needs.
    Bill Wickersham, 4920 Forum, read from a letter sent to Mr. Beck by Mr. James. It stated the neighborhood could determine no definite need for the extension of Forum Boulevard at this time. Residents felt the extension would only exacerbate the safety concerns they are currently trying to address with the proposed traffic calming in the area. Mr. Wickersham said it was his understanding that the November 1995 quarter cent tax issue in no way legally binds the Council to spend the money on the extension of Forum. He suggested there are better ways to spend the money on improvements in the older areas of town.
    Tom Moran, 413 W. Walnut, spoke in opposition to the extension.
    Robert Vance, 5508 Dalcrosse, said there are only four accesses into The Highlands and that is why he and his family moved there. He said this extension would provide a fifth access as well as a speedway. Mr. Vance said speed is not being addressed at Dunbar or further south and that is what residents are most concerned about.
    Jan Jago, 5303 E. Tayside, spoke in opposition to the project. She suggested that people can travel on Bethel rather than extending Forum. Her biggest concern was a negative impact on the stream.
    Weldon Webble, 5208 E. Tayside, thanked the staff for accommodating the neighbors when working with them. Mr. Webble saw no demonstrated need for the extension of Forum at this time.
    Mayor Hindman closed the public hearing.
    Mayor Hindman asked about contact with the Corps of Engineers. Mr. Patterson explained that any time excavation occurs at an identified stream, staff contacts them to ensure the City is covered under a national permit. He said the project will be done with local money and no federal funds are involved.
    Mr. Loveless asked Mr. Patterson why this project was determined to be necessary 10 years ago and what the long-term function of the road was. He wondered if those things are still valid. Mr. Patterson responded staff believes the project is still valid. He noted the vision changes over the years, and he thought that was reflected in the fact that Forum was originally considered to be a north/south arterial street and now staff recommends that the road be downgraded to a local collector street. He said they attempt to look system-wide at a network of streets because the better the network, the better served everyone will be. Mr. Patterson reiterated that staff feels the extension is an important part of the Thoroughfare Plan.
    Regarding the traffic calming devices proposed on the northern end of Forum, Mr. Hutton asked how far north these would extend. Mr. Patterson replied the study had been done up to Nifong. He thought that would take care of the traffic problems between Nifong and Dunbar that staff discovered during the study. The devices will consist of medians at Mill Creek to slow traffic down, a roundabout at Southampton and Forum, as well as a traffic island between Highland Parkway and Dunbar. There will be islands below Dunbar on the new section of road for traffic calming.
    During discussions with the neighbors, Mr. John noted that a lot of concern had been brought up about the fact that Forum had become a very high speedway. At the same time, he said they were becoming concerned about the traffic problems at the Wilson's facility. He said some of those may have been modified by adding more parking and by the four-way stop at the time. Mr. John pointed out that much of the increase in cost for this project is due to the installation of all the traffic calming devices. He noted that the people who spoke earlier had suggested diverting traffic onto Bethel to relieve the congestion on Forum. Mr. John remarked that Bethel actually has more driveway accesses than Forum. He said it was not a planning mistake to put driveways on Forum, it was the design standard at the time. That standard was changed a few short years ago. Mr. John believed that many of the people who signed the petition against the extension were not aware of the proposed traffic calming structures. When it comes time to assess tax bills, Mr. John indicated he would be hard-pressed to see that the neighborhood association is receiving a benefit from the tax bills.
    Mr. Janku commented from a planning standpoint, the extension of Forum is appropriate as it would take the burden off of the surrounding streets.
    Mayor Hindman made the motion that staff be directed to prepare final plans and specifications. The motion was seconded by Mr. John and approved unanimously by voice vote.

(B)     Construction of sanitary sewers in Sanitary Sewer District No. 141 (Green Valley Drive).
    Item B was read by the Clerk.
    Mr. Beck explained that this project would affect three parcels of land located on the north side of Green Valley Drive. The estimated cost of the project is $17,500 with tax bills not to exceed .328 cents per square foot. The remainder of the cost will be paid from sanitary sewer utility funds. Mr. Beck related that property owners were presented with preliminary plans and cost estimates in January of this year. Those who attended the meeting indicated their support for the formation of a sewer district.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Hutton made the motion that the staff be directed to proceed with final plans and specifications for Sewer District 141. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.

(C)     Improvements to I-70 Drive Southwest from Business Loop 70 to West Boulevard.
    Item C was read by the Clerk.
    Mr. Beck stated that staff has been communicating with MoDOT about this much-needed project for a period of time. He said there are a number of driveways involved which connect onto this two-lane thoroughfare. Mr. Beck pointed out that one of the challenges has been the fact that there is inadequate right-of-way available. He said MoDOT has agreed to let the City use some of their right-of-way, provided we put up a Jersey barrier to avoid conflicting headlights. The estimated cost of the project is $180,000 to be paid from the quarter percent sales tax fund.
    Mr. John was concerned that the people on West Boulevard would have trouble turning left onto I-70 Drive SW. Mr. Beck asked if there was a signal planned for that location. Mr. Patterson said there is not one warranted at this time. He did not know that drivers would be hindered in any way because people making a left turn onto West Boulevard would block them from making that turn anyway. Mr. John said he was thinking about traffic wanting to go into Ryan's blocking the traffic headed westbound. He said oftentimes an artificial hole is created so people can get out and make a left turn. Mr. Patterson said at this time there are not warrants, but this may create warrants. Mr. Beck suggested that they may be able to put conduit underneath so it could be added if it is needed.
    Mr. Janku commented that people back up there waiting to make a left turn and asked if there could be some way to make a right turn heading east from West Boulevard onto I-70 Drive SW. Mr. Patterson thought the pavement width was sufficient to where they could mark it for that purpose. He indicated staff would look into it.
    Mayor Hindman asked if people traveling eastbound on I-70 Drive SW wanting to go south at the intersection, could be encouraged to turn onto Aspen instead of going through the intersection. He said that way they could make a right turn onto West Boulevard and avoid the intersection. Mr. Loveless thought that people did not use Aspen because sometimes it is very congested and they think it is a parking lot.
    Mayor Hindman opened the public hearing.
    Steve Gerhardt, owner of the Tiger Conoco Station at the corner of I-70 Drive SW, reported that people drive through the grass now, and if a sidewalk is put in, they will drive over it as well because there is not enough room. Although, he thought the project was great as the turn lanes have been badly needed for many years. When the traffic backs up in the left turn lane, Mr. Gerhardt said nobody can get through to turn right. He stated he would be willing to give up a little more of his grass if the City would get rid of the bulb-out to allow for two lanes of traffic at this location. Before any concrete is put in, he suggested taking care of the water problem.
    Mr. Janku noted the plans show drainage improvements to address localized flooding.
    Mr. Loveless asked Mr. Gerhardt how far west he thought two eastbound lanes needed to be in order to accommodate the traffic where it meets Business Loop 70. Mr. Gerhardt pointed to the area on the map (the area of the bulb-out he mentioned earlier).
    Mayor Hindman closed the public hearing.
    Mr. Janku said this project will be a major improvement in the area. In response to Mr. Gerhardt's comments, he suggested that the City consider extending the westbound lane and keeping the sidewalk in place.
    Mr. Loveless made the motion that staff be directed to proceed with plans and specifications. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.

(D)     Development of Dublin Neighborhood Park.
    Item D was read by the Clerk.
    Mr. Beck noted that 1.5 acres of this tract is recommended for park development, and 4.12 acres is recommended for open space. He asked Mr. Hood to summarize the alternatives being suggested.
    Mr. Hood displayed a drawing showing the location of Dublin Park. He explained the land was donated to the City in two different tracts. The deed indicated that the southern tract consisting of 1.5 acres could be developed as a public park, but the other tract is bound by a restrictive covenant that requires it to be maintained in its natural state. He noted staff never interpreted that to mean that the City could not provide a walking trail through the natural area.
    Mr. Hood reported they have received considerable public input throughout the process and have tried to work with the neighborhood as they developed plans. He noted that staff has been working for well over a year to come up with a plan for this neighborhood park. He commented that there has been quite a bit of controversy over the actual level of development. Mr. Hood said the majority of people in attendance expressed a strong preference for no or very limited development of the property. A minority opinion was expressed that it be fully developed. Based on that input, Mr. Hood said the staff prepared development Option One which was presented to the Parks and Recreation Commission. This option calls for only the development of a trail, some benches and low water crossings. He said it would be very similar to Rock Hill Neighborhood Park. At the Commission hearing on the plan, Mr. Hood said the testimony presented was evenly split between the no or minimal development option, and Option Two which would add a playground and foot bridges on the trail rather than the low water crossings. He said the second option would be more in line with the City's traditional park development. The commission voted unanimously to recommend Option One after defeating motions to recommend no development and Option Two. Mr. Hood said the staff felt either option could be completed and that adequate funding is in place. He remarked that if asked for a recommendation that would serve the entire neighborhood, staff would propose Option Two.
    Mr. Hutton asked Mr. Hood how he envisions access to the Park. Mr. Hood said access would primarily be off of Dublin Avenue at the very south end. Mr. Hutton asked if there would be a sidewalk into the park. Mr. Hood confirmed this -- the house on the lot immediately to the east of the park is where the sidewalk would be extended into the park property. He said it will take some work to provide ADA accessibility.
    Mayor Hindman opened the public hearing.
    Janine Thompson, 4004 Dublin Avenue, spoke on behalf of more than 70 families desiring full development of the park. She said any purchaser of property in the area since 1992 had record notice there could be a park developed at the end of Dublin Avenue. In 1996, she said the development of Dublin Park was one of the issues on the ballot, which was subsequently passed when voters agreed to raise their taxes for a five year period of time. In 1999, Ms. Thompson noted that the City Council allocated $49,000 for building materials and equipment for Dublin Park.
    Mayor Hindman asked Ms. Thompson if she would like to see a picnic shelter in Dublin Park as well as playground equipment. She replied that a picnic area would be nice.
    David Reed, 3208 Bedford Drive, was amazed to see such resistence to a park. He was hopeful the Council would allow more than minimal development of Dublin Park.
    Mike Yotick, 3808 Bedford Drive, explained that he had been one of the parents who collected signatures on the petition in favor of a fully developed neighborhood park. He said there are many children in the neighborhood who would benefit greatly from a fully developed park. Mr. Yotick explained that most people like to walk in this area, and these individuals would most likely walk to the park and would not drive there. He urged the Council to vote for Option Two.
    Diane Sturick, 1316 Duval Court, spoke on behalf of her son Joshua, in favor of the park being fully developed. She read from an argument paper her son had written for class regarding Dublin Park. He felt the park would be beneficial for kids of all ages. He also favored a picnic area.
    Ali Poepsel, 4008 Dublin, spoke on behalf of the Dubradis Neighborhood Association. Although they prefer that the park not be developed, she said they also recognize the voters approved development of it. At the present time, she said the Association is supportive of Option One. They are concerned about destruction of trees for the walking trail and the control of erosion and safety of the creek bed.
    Ernie Lee, 3906 Dublin, reminded the Council that Fairview Park is approximately one mile from the Dublin Park site. He favored no development of the park. However, if the Council wanted to spend the money on a park, the Fairview Park could be further developed. Mr. Lee remarked the people that support development of the park do not have people walking through their backyards.
    Mike Harper, 3905 Dublin Avenue, said the environmental conditions of the creek bank and the soil texture would lead to high erosion. He was also concerned about the security of the area in that it is very secluded. Mr. Harper did not think the park would get a lot of use in the summer months because of mosquitos.
    Nancy Duncan, 4009 Dublin, said she had moved there because of the park. She asked that they be able to keep their beautiful, undeveloped park.
    Janine Thompson, 4004 Dublin, argued that the existing park is totally inaccessible for children. Regarding the safety issue raised, she said that she had spoken with Captain McCrary about park safety. He had done some research and had to go back to 1995 before finding any incidents of vandalism in a City park which occurred in the Rock Bridge Neighborhood Park and consisted only of a little spray painting.
    Mayor Hindman closed the public hearing.
    Mr. Janku felt to make the park accessible to people in the area would be a great benefit to them. He personally would not go back to the park until improvements are made because he had walked through the area last weekend and had come out with ticks. He did not favor the low water crossing because it would get washed away during heavy rains.
    Mr. Hutton asked if there had not been a large amount of neighborhood opposition, whether Option Two would have been designed as had been presented tonight. Mr. Hood said if there had not been a lot of opposition, he suspected the plan probably would have included a playground, picnic area, trails, and bridges.
    Mr. Loveless said he had a similar experience to Mr. Janku's in regards to the tick situation. Until access is provided, he felt the park would be an underutilized resource no matter what is done to it. Listening to the people who spoke in support of minimal or no development, he noted that all of their addresses are all along Dublin. Mr. Loveless remarked that there are a number of folks who have used this resource as an extension of their own backyard, and he thought if he had one of their homes he would want to continue the status quo as well. However, the majority of the neighborhood has not had the opportunity to use the park because it is inaccessible. Mr. Loveless commented there are certain standards for neighborhood parks and usually they include picnic areas and sometimes a playing field. Because the second option calls for less development than that, Mr. Loveless saw it as a kind of compromise between the folks whose backyards abut the park and what the rest of the neighborhood would prefer to see. He is also thinking of the people who will be the future residents on the other side of the drainage. He said they will be using this park as well if it is developed. In addition, If people want to drive and park in front of a house on a City street, they should be able to do that. Mr. Loveless said he would support development Option Two.
    Mr. John said when the MKT Trail was being pushed through Columbia, there were a lot of residents abutting the trail that really did not want it in their backyards. He now finds that the properties abutting the trail generally sell quicker, sometimes even at a premium. Mr. John reported he would vote for Option Two, but would like to see a small picnic facility be included as well.
    Mayor Hindman said he too had pulled off ticks after visiting the site. He explained that his neighborhood park has a walking trail with bridges, a small playground with equipment, a picnic area, and dog posts. He said it has been very popular and gets a lot of use. Although the park was designed to be a walk-in park, not everyone walks in. Only a few people from outside the neighborhood use it, and he said the vast majority of people walk to it. Mayor Hindman believed parks like that help define neighborhoods. He felt Dublin Park should have a small picnic area in it as well. Mr. Loveless made the motion that the staff be directed to proceed with development of Dublin Park as outlined in Option Two with a picnic shelter. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

(E)     Construction of sanitary sewer improvements - Grindstone Creek Pump Station and Force Main, H-17N
          and H-21 Relief Extension.
    Item E was read by the Clerk.
    Mr. Patterson explained the purpose of this project is to provide sewer from the area of Route WW up to near the Lake of the Woods exit on I-70. He said they originally intended to build a pump station force line and a gravity flow line at an estimated cost of $2,600,000 with financing through the State Revolving Loan Fund money available. Since beginning the original concept of the project, he said events have occurred downstream that make it desirable for them to consider the extension of gravity flow all the way up to Grindstone by eliminating the pump station. Since the hearing was advertised in this manner and procedures will have to be followed for the inclusion of the gravity flow sewer line below this point, he said they have to continue with the public hearing this evening. If they are successful in converting it to a gravity line, they will be bringing back another public hearing at a later time.
    Mr. Patterson reported the project currently consists of the pump station and about 9,500 feet of gravity line. If approved by the Council, he said the work will be designed by Allstate Consultants of Columbia and be paid for with Revolving Loan funds from the 1997 sewer ballot issue, plus contributions from the developer which would be in the neighborhood of $250,000.
    Mayor Hindman opened the public hearing.
    Robert Willingham, explained that this sewer line would be going through his farm. He said that was fine with him, but he would prefer that it be extended further because his creek is being polluted by sewage from the subdivisions above him.
    Mayor Hindman explained that annexation or a pre-annexation agreement is required before people can connect to City sewers. Mr. Willingham thought a bill was passed recently regarding connection to a sewer line if there was one available.
    Mr. Janku asked Mr. Patterson whether staff was working with the Boone County Sewer District on some of the lagoons north of I-70. Mr. Patterson said they are. He reported there are a lot of properties that this trunk line will allow the implementation of the 80-acre point policy to occur.
    Mayor Hindman closed the public hearing.
    Mr. John said he would vote to go ahead with this project, but he was looking forward to the other plan that does not build a pump station that would probably be removed in the next five to ten years. Mr. Patterson explained that one impetus for this is working with Boone County Regional Sewer District on the El Chaparral project that will justify construction of a line up to that point which will be very close to the pump station. Mr. John understood that would also allow the removal of some of the pump stations in the Concorde Industrial Park. Mr. Patterson said that was correct.
    Mr. John made the motion that the staff be directed to proceed with the pump station and force main. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.

B175-01     Amending Chapter 11 to allow temporary exemption from the beverage deposit ordinance for
                   annexed properties.
B177-01     Authorizing an annexation agreement with Lake of the Woods South, LLC.
    Both bills were given second reading by the Clerk.
    Mr. Beck explained that the first bill deals with a request from the developer as a prerequisite to annexing their property at Lake of the Woods. He explained that an existing service station/convenience store is located north of I-70 and would be annexed as a result of a previous pre-annexation agreement. Two other convenience stores at the interchange would not be annexed. The proposed ordinance would apply to any property annexing into the city where an existing retail beverage outlet exists within 1,500 feet and is not in the city limits. The exemption would be in effect for three years.
    Bill 177-01 would authorize an agreement with Lake of the Woods, LLC specifying conditions for annexation of their property. The agreement honors the county's plat of a portion of the property, agrees that the offsite improvements specified by the county for the plat will constitute the city's offsite requirements, and agrees to a process and cost sharing for extension of sanitary sewer to the site. The trunk sewer is on the city's master sewer plan. Lake of the Woods, LLC agrees to pay for plans and specifications for the project and will also contribute $225,000 toward the construction.
    Mr. Watkins noted a very good reception from property owners in the area who have signed voluntary annexation agreements contingent upon zoning. Most of the area is zoned R-2 and A-1. However, there is some commercial the County has zoned at the intersection of St. Charles Road and I-70. He displayed a map showing the areas where the property owners have signed annexation petitions contingent upon zoning. Mr. Watkins pointed to another area north of I-70 where there is a pre-annexation agreement. Once this property becomes contiguous, they will be annexed into the city. In addition, Mr. Watkins said they have received petitions from the Nilson Funeral Home and Ms. Fountain who would connect that area along I-70 to the existing city limits. Very positive discussions have taken place with MoDOT and he said they are willing to annex that portion of I-70 that would be contiguous to the City. He said the staff is developing the necessary legal documents for them to sign.
    Mayor Hindman explained an amendment sheet which was prepared for B175-01. He said it provides that it will be unlawful for any retailer to sell or offer for sale containers marked with the word "Columbia" or a reasonable abbreviation of the word "Columbia". The amendment would also make it unlawful for any distributor to sell beverage containers to a retailer which are marked with the word "Columbia" or a reasonable abbreviation of the word "Columbia".
    Mr. Loveless asked how an amended ordinance would apply to this property should the ordinance be amended within the three year period of time. Mr. Boeckmann said it would depend on what the Council did with a new ordinance. He said the exemption could be taken away because the applicant would not have a vested right to it. Mr. Boeckmann remarked that the Council would have to deal with that issue when making any future changes to the deposit ordinance.
    Mayor Hindman made the motion to amend B175-01 per the amendment sheet. The motion was seconded by Mr. Janku.
    Tom Mendenhall accepted the amendment to B175-01. He noted that they had signed a pre-annexation agreement several years back. He explained that they have two other convenience stores immediately to the left and right. Mr. Mendenhall said they would like to see the annexation pass as it would be opening up 4,000 acres to development.
    Tom Moran, 413 W. Walnut, said the plan seemed to be fairly well-thought out, but he was leery of granting exceptions to the established rules on the beverage deposit ordinance. He said the development that would be opened up because of this annexation would happen at public expense and at the expense to the environment as well.
    Chad Sayer, 7401 Fall Creek, explained that he is working with the Lake of the Woods South group in annexing and putting together a sewer use plan for the area. He said there are 50 to 60 facilities that currently surround the City of Columbia that are managed by the Boone County Regional Sewer District. He said this line has the potential of eliminating 10% of them (five to six facilities), some public, some private.
    Charles Atkins, 2700 Malibu Court, a member of Columbians Against Throwaways, said his group thought this would set a bad precedent. He thought the waiver would be unfair to other merchants in Columbia that have to collect the deposit. Mr. Atkins said the merits of being in the City of Columbia should stand on its own. He said there are many real advantages.
    Winifred Colwill, spoke as co-chair of Columbians Against Throwaways, asking the Council to vote against the three year exemption. She said they recognize the economic benefit of having a development within the City limits as well as the environmental benefit of having it connected to City sewers. She felt that could be accomplished without granting an exemption. Instead of granting an exemption, the group proposed that the Council use the process to annex both areas at the same time, the Mendenhall-Evans property and the gas stations nearby.
    Charles Harrelson, 807 Oaklawn, said the deposit ordinance was too good to throw away. He was opposed to a temporary exemption giving special treatment just to get the money from the tax revenue.
    Waldo Palmer, 414 Alexander, believed that no one should be furnished with a public sewer unless they are in the city limits.
    Tom Mendenhall said in the spirit of compromise, he felt they had come to a fair solution. He said the exemption will not last three years if the involuntary annexation takes place on the other two properties. He said the other properties could be annexed shortly and then they would all be in the city. Mr. Mendenhall indicated they are just asking to be equal because they are in the middle of the other two.
    The motion to amend B 175-01, made by Mayor Hindman, seconded by Mr. Janku, was approved by voice vote.
    Mr. Coffman said he could not support the exemption because of the fairness issue.
    Mr. Janku said he could support it because of the benefits to be derived. He said they heard testimony earlier about problems outside the city limits where raw sewage is being dumped and runs into the city. He said this would help clean that up and thus would have a positive environmental impact. Mr. Janku noted if the property is not annexed into the City, we would lose the tax revenue that could be generated.
    Mr. Hutton agreed, but said the downside of it is the unfairness issue. As a whole, he felt the overall positive aspects of everything considered outweigh the one negative aspect.
    B175-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, HINDMAN, JANKU, HUTTON. VOTING NO: COFFMAN, CRAYTON. ABSTAINING: JOHN. Bill declared enacted, reading as follows:
    B177-01 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSTAINING: JOHN. Bill declared enacted, reading as follows:

B178-01     Appropriating funds for Lake of the Woods Sewer.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this would appropriate funding to build the sewer line relating to the previously discussed public hearing.
    Tom Moran, 413 W. Walnut, objected to the public paying for private development. He believed this project contributed to urban sprawl. Mr. Moran would like to see fiscal impact analysis instituted here so the public can be aware of what they are getting for their money.
    Mr. Loveless explained that these types of sewer projects are paid for by the users, the general public, when they pay their monthly utility bill.
    Chad Sayer, project engineer, said the developers are participating at a very high level for the extension of sewer to this area -- approximately $375,000 of the $2 million construction cost.
    B178-01 was given third reading with the vote recorded as follows; VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B155-01     Accepting a Missouri Youth/Adult Alliance Alcohol Policy Grant; appropriating funds.
    The bill was given second reading by the Clerk.
    Chief Boehm explained that this $1,500 grant offered by the Missouri Youth/Adult Alliance would be used as reimbursement for approximately 51 hours of overtime. The primary mission would be minor in possession, open container, and things of that nature in the downtown and East Campus areas.
    B155-01 was given third reading with the vote recorded as follows; VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B159-01     Amending Chapter 14 of the City Code to prohibit parking on the south side of Austin Avenue
                   between Grand Avenue and Providence Road.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the Public Works Department received requests from property owners to look at on-street parking problems during school hours at Hickman. He said the Council had received a report and they had asked that an ordinance be prepared. This amendment would remove parking between the hours of 8:00 a.m. and 3:00 p.m. when school is in session.
    B159-01 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B172-01     Granting a variance to the Subdivision Regulation regarding sidewalk construction along the east
                   side of Old 63.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this exemption was recommended for approval by the Planning and Zoning Commission subject to the applicant paying an amount equal to the cost of a conventional sidewalk that would be built on their frontage. Mr. Beck noted this property is located on an unimproved roadway with quite a bit of geographical difference in the layout of the ground.
    Mr. Dudark added that approximately $11,000 would be the payment.
    Mr. John asked if this section of Old 63 would continue to be used and whether it would connect to Bluff Creek at some point. Mr. Dudark responded the street would dead end because of the new AC going through.
    B172-01 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

R108-01     Awarding the bid for the sale of Certificates of Participation, Series 2001A.
    The resolution was read by the Clerk.
    Ms. Fleming explained that two phone bids and a bid via the Internet had been accepted today relating to the sale of Certificates of Participation. The winning bid was from Salomon Smith Barney with a true interest cost of 4.2%. She indicated they were very pleased with the participation they received.
    Mr. Loveless asked about the wording, "the lease of the real estate to the trustee". Ms. Fleming explained that Certificates of Participation are structured in such a way that the trustee holds the property we have pledged, and then we are essentially leasing it back from the trustee. She said it is just the structure of the deal. Ms. Fleming offered a flow chart showing the actual flow of funds. She added that they had received favorable interest rates by structuring the deal this way because there is a security interest in the property and we were able to get insurance on them. Ms. Fleming reported that is a triple A rating when they can be insured. She said it saved the City anywhere between $80,000 and $100,000 on this issue.
    Mr. Boeckmann explained that amendments needed to be made to the resolution and the ordinance to fill in the amounts and the list of bidders.
    Mr. Hutton made the motion to amend R108-01 in accordance with what was submitted by the Bond Counsel. The motion was seconded by Mr. John and approved unanimously by voice vote.
    The vote on R108-01, as amended, was recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

B174-01     Approving the execution and delivery of principal amount of Certificates of Participation, Series 2001A.
    The bill was given second reading by the Clerk.
    Mayor Hindman made the motion that B174-01 be amended to reflect the changes inserted by the Bond Counsel. The motion was seconded by Mr. John and approved unanimously by voice vote.
    Ms. Fleming explained that this ordinance simply puts into effect the award the Council just made.
    B174-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B176-01     Authorizing revised agreements with CenterState Properties, L.L.C., Boone County and the
                   Missouri Highway and Transportation Commission for the Vandiver Extension Project, Phase 1.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this would amend agreements previously approved by the Council due to some changes in the process, procedures and estimated cost of the project. He noted that MoDOT would be administering the project under the proposed changes. This will take care of Phase I of the overall proposed project which will connect the Route PP area to Providence Road across north Columbia, being the Vandiver Drive alignment. It will provide for an Interchange with Vandiver and US 63. The City's participation would be $3.085 million, Boone County's would be $1.168 million, and the developer $1.443 million plus about $614,000 in engineering and the right-of-way valued at about $120,000. The State's participation would be primarily administering the contract. Mr. Beck displayed the proposed interchange on the overhead and summarized the reason for its location.
    Curtis McDonald explained that he has been working on this project for five years and had placed the property under contract with Mr. Woodard in 1996. At that time he had no specific plans for the property, but realized that there was no access to the property or the property across the way. He contacted MoDOT and City staff and had been encouraged by the state to go forward based upon their evaluation of the traffic system in the area. Mr. McDonald noted that they expect the first phase of development to be between 400,000-550,000 square feet and would commence this year. He explained that when MoDOT assumed the project from the City, it changed a number of things causing the costs to go up on the road improvements (10% more than what had previously been projected). However, Mr. McDonald pointed out that the development agreement agreed for a 10% overrun. He believed they are basically still within the confines of the executed agreement.
    Niles Kimball, 3000 E. Henley, spoke on behalf of the Mexico Gravel Neighborhood Association. He explained that his property abuts part of the property. Mr. Kimball reported that the residents he spoke to are supportive of the project.
    Maura Browning, Government Affairs Director for the Columbia Chamber of Commerce, stated that the Chamber would like to remain active in transportation issues that affect the community and their members. She said Dave Griggs, incoming Transportation Committee Chair, and Susan Richards Clark, a Committee member, were present earlier to lend their support. She said the Committee met May 4 with Mr. Beck and Mr. Watkins regarding this project and the Committee agreed that the specific circumstances of this project make it reasonable for the Chamber to fully support it.
    Waldo Palmer, 414 Alexander, opposed the location of the project. He thought too much money was being spent to build a first class truck route.
    Mr. McDonald considered the retail tenants themselves to be the real experts. He said they evaluated all of the different possibilities of locations throughout Columbia over the past three years.
    Mayor Hindman asked about sidewalks along Vandiver. Mr. Patterson replied that the plans do not show sidewalks to be constructed with Phase I, but do show provisions for them to be placed there. He assumed the sidewalks would be constructed in conjunction with development -- when building permits are issued and certificates of occupancies are requested, the applicant would be required to have the sidewalks built where applicable.
    Ron Shy, Allstate Consultants, explained that he had participated in many of the discussions with MoDOT in relation to this project. He said the Council would be seeing the plat come in soon and there would be no sidewalk variance requests with it. He said the reason the sidewalk has been left off the Vandiver portion of the project is because they are not doing the entire width of it in the first phase. He said the other reason is that on Vandiver, the sidewalks will be constructed as the plat comes in and they wanted to ensure the walks are installed in the proper location when the C-P plan comes in. Mr. Shy said an entire C-P plan will come in on every acre of the property. He said the sidewalk would go to the bridge, and to the west of the site a walk would extend to the existing end of Vandiver. Before there is any development in the area, Mr. Shy said there is not a great need for the sidewalk because the bridge goes across the interstate just to the ramps. In due time there will be ample sidewalks for that system. Mayor Hindman asked if there would be sidewalks on the bridge. Mr. Shy explained that the current plan is to put them on the south side of the bridge in Phase II when Creekwood Parkway and the Vandiver to Mexico Gravel extensions are constructed.
    Mr. Janku commented that this project is needed for the transportation linkage. He said this vote is not about a shopping center to him, but about providing access to areas in northeast Columbia.
    Mr. Hutton believed the project would be beneficial in two ways: it will provide sales tax revenue to the City because of the commercial development, and it will also improve the road system in northeast Columbia without us having to fund the entire project.
    Mr. Janku made the motion that B176-01 be amended per the amendment sheet. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
    B176-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSTAINING: JOHN. Bill declared enacted, reading as follows:

R59-01     Approving preliminary plat of CenterState; granting variances.
    The resolution was read by the Clerk.
    Mr. Beck explained that this 220 acre tract was unanimously recommended for approval by the Planning and Zoning Commission. It will create 25 lots with mixed zoning and has several conditions on it plus two variances, which were also recommended for approval by the Commission.
    Mr. Dudark said an issue had come up regarding moving Creekwood Parkway a little farther away from Hinkson Creek. He said there is a letter in the packet from the engineering stating their concurrence to change the project's design to accomplish that.
    The vote on R59-01 was recorded as follows: VOTING YES: LOVELESS, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSTAINING: JOHN. Resolution declared adopted, reading as follows:

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

B156-01     Appropriating funds for reimbursement of overtime pay for traffic enforcement.
B157-01     Authorizing agreement with Boone County for public health services.
B158-01     Authorizing agreement with Boone County for animal control services.
B160-01     Confirming contract with Emery Sapp and Sons, Inc. for rehabilitation of Runway 2-20 at Columbia
                   Regional Airport.
B162-01     Accepting an Environmental Improvement and Energy Resources Authority Grant; appropriating
B163-01     Accepting easements for sewer, utility and drainage purposes.
B164-01     Approving Engineers Final Report; accepting a Deed of Dedication; authorizing payment of
                   differential costs for water main serving Valley View Ridge, Plat 1.
B165-01     Approving Engineers Final Report; accepting Deed of Dedication; authorizing payment of differential
                   costs for water main serving the Tribune Publishing Company.
B166-01     Authorizing agreements with Ameren Energy Marketing.
B167-01     Accepting easements for electric and water purposes.
B171-01     Amending Chapter 20 of City Code pertaining to Planning and Zoning Commission.
B173-01     Authorizing an annexation agreement with Mary West Lamar.
R100-01     Setting a public hearing: voluntary annexation of property located at 3220 South Old Ridge Road.
R101-01     Setting a public hearing: water main upgrade along Wilson Avenue from College Avenue east beyond
                   Lee Street.
R102-01     Authorizing application to the Missouri Division of Highway Safety for a traffic enforcement grant.
R103-01     Amending the agreement with the State of Missouri for the Missouri Community-Based Home
                   Visiting Program.
R104-01     Authorizing an agreement with the State of Missouri for public health services.
R105-01     Authorizing an agreement with the Cosmopolitan Club to assist with the Fourth of July Fireworks
R106-01     Authorizing a social service contract with the Boys and Girls Club of Columbia Area.

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

R107-01     Authorizing an agreement with Bucher, Willis & Ratliff for engineering services relating to expansion
                   of Air Carrier/Air Cargo Apron Phase II and Taxiway Connector at Airport.
    The resolution was read by the Clerk.
    Mr. Beck explained that this would provide for the engineering work on the above described project. The total estimated cost for the work is $90,900 with the FAA paying 90% and the City 10%.
    The vote on R107-01 was recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R78-01     Setting a public hearing: Transfer of a cable television franchise from TCI Cablevision of Missouri to
                 MCC Missouri, LLC.
    The resolution was read by the Clerk.
    Mr. Coffman explained that the Cable Committee met before the pre-Council meeting and this bill would set the public hearing to consider the cable transfer.
    The vote on R78-01 was recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. 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:

B179-01     Confirming the contract of Sierra Bravo, Inc. for the upgrade of the north Runway 2-20 safety area
                   at Columbia Regional Airport.
B180-01     Calling for bids for the American Legion Post 202 sanitary sewer.
B181-01     Amending Chapter 14 of the Code to reduce the speed limit on Route PP from US 63 Connector to
                   785 feet west of Hanover Boulevard.
B182-01     Confirming the contract of J.C. Industries, Inc. for construction of an engine/generator building at
                   Columbia Regional airport; advancing designated loan funds.
B183-01     Accepting conveyances for utility purposes.
B184-01     Authorizing construction of water main along Wilson Avenue from College Avenue east beyond Lee
B185-01     Appropriating funds for COLT Railroad car hire charges.
B186-01     Rezoning property located on the northeast corner of North Garth Avenue and Sexton Road from
                   R-2 and R-3 to PUD-30.
B187-01     Rezoning property located 150 feet north of Business Loop 70 East and 100 feet east of Poplar Street
                   from R-3 to C-3.
B188-01     Rezoning property located at 1402 Lakeview Avenue from R-3 to C-3.
B189-01     Vacating a portion of a sewer easement located within Prairie Hills Subdivision; accepting an easement
                   for utility purposes.
B190-01     Vacating an alley located within the proposed Virginia Field Subdivision.
B191-01     Vacating Virginia Avenue between Rollins Street and Hospital Drive.
B192-01     Approving the final plat of Virginia Field Subdivision - a Replat of part of Fairgrounds Addition;
                   granting a variance to the Subdivision Regulations regarding street right-of-way.
B193-01     Approving the final plat of CenterState Plat 1.
B194-01     Approving the transfer of a cable television franchise from TCI Cablevision to MCC Missouri, LLC.

(A)     Street closure requests.
    Mr. Janku made the motion that the requests be approved as written. The motion was seconded by Mr. John and approved unanimously by voice vote.
    Mr. Coffman commented that he wished the Twilight Festival group would request street closures at some point.

(B)     Intra-departmental transfer of funds.
    Report accepted.

(C)     Discrimination based on gender identity.
    Mr. Janku suggested that the Council discuss this issue at a work session. It was decided it would be placed on the calendar.

(D)     Report on alternate location for proposed rail terminal.
    Mr. Malon explained that since the Council previously authorized the staff to look at some purchase on the antenna site on Route B, they have had several inquiries from other entities interested in where the rail terminal would be. He said they were interested in possibly working out some kind of arrangement to get involved. One was on the Ewing property. He said they have also had a contact from folks interested in container operations. Mr. Malon related as staff worked with these people, particularly the people on the Ewing property, it looked like a good alternative would be the property owned by Smith that is basically in the triangle between Brown Station Road and Route B (the north triangle). He said what they would really be interested in would be the back portion along the transmission line. They have been told the property is for sale and Mr. Malon said it appears to be in about the same price range. He indicated if the terminal was placed there, there would not have to be a crossing on Route B. The Railroad Advisory Board concurred with the staff recommendation and asked that it be reviewed as an alternative site.
    Mr. Hutton made the motion that staff be directed to negotiate a land purchase with the proposal coming back to the Council. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.

(E)     Mandatory Park Dedication Ordinance.
    Mayor Hindman suggested that the issue be put on the work session calendar.
    Mr. Janku asked if parks are included in concept reviews. Mr. Beck said they should, but was not sure that was happening.
    Mr. Coffman suggested that the proposed ordinance be sent on to Planning and Zoning for their recommendation. Mr. Janku said he would prefer to discuss it first. Mr. Coffman asked that it be put on an early work session agenda.

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

Stevens, Chris M., 1008 Sunset Drive, SBD - term to expire 4/1/02

Graham, Andrew H., 1006 Queen Ann, Ward 6 - term to expire 6/15/03 (business)
Murdock, Fred, 3909 Grace Ellen, Ward 2 - term to expire 6/15/04 (disabled)
Weston, Dovie S., 416 Forum, Ward 5 - term to expire 6/15/04 (part. know.)

McCollum, Mary Anne, 601 N. William, Ward 3 - term to expire 5/31/05

Hargis, Anna M., 4735 Roemer Road, County - term to expire 10/15/01

Devine, Daniel J., 2709 Pine, Ward 3 - term to expire 5/31/04
Kaufman, Kory L., 322 Proctor, Ward 2 - term to expire 5/31/04

Daugherty, L.A. (Pat), 3413 E. St. Charles Rd., Ward 3 - term to expire 5/31/06
Holden, Michael A., 402 Blair Ct., Ward 6 - term to expire 5/31/06

Watson, Paul D., 3910 N. Locust Grove Church Rd., County - term to expire 5/31/03

Macias, Gregory E., 802 Clayton, Ward 1 - term to expire 6/30/04
Wollersheim, David, 2801 W. Broadway, Ward 2 - term to expire 6/30/05

    Mr. Janku asked for information about the pedestrian portion of the Blackfoot Road project and what will be included in terms of sidewalks or bicycles since it is connected to Epple Park.
    Mr. Janku made a motion that the staff be directed to seek an adopter for the small green area by West Boulevard. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    Jessica Orsini, 3102 Alpine, spoke to the report relating to gender identity discrimination. She said discrimination of that sort is common in Columbia. Ms. Orsini described how she had been discriminated against when seeking employment in Columbia as well as housing. She asked that the City make a statement that they will not condone this kind of discrimination.
    Henry Lane, 1816 E. Broadway, commented on the previous discussion between the Council and Mr. Moran.
    John Woods, 809 S. Providence, asked the Council to support legislation that would stop the harassment and discrimination relating to gender identity issues.
    The meeting adjourned at 1:30 a.m.

                                                                                            Respectfully submitted,

                                                                                            Penny St. Romaine
                                                                                            City Clerk