Section 106-597; Ord. 18728; Declaring restrictions with respect to a portion of Stephens Lake Park; authorizing the City Manager to execute a mitigation agreement with THF Red Oak Development, L.L.C.


Ordinance No.            18728                      Council Bill No. B 370-05          


AN ORDINANCE

declaring restrictions with respect to a portion of Stephens Lake Park; authorizing the City Manager to execute a mitigation agreement with THF Red Oak Development, L.L.C.; and fixing the time when this ordinance shall become effective.

    WHEREAS, the City of Columbia is currently leasing and has the right to acquire from Stephens College, a pro forma decree corporation, an area of the City of Columbia known as "Stephens Lake Park" which is generally bounded on the south by Broadway, on the west by Old Highway 63, on the north by Walnut Street, and on the east by the Hinkson Creek; and

    WHEREAS, portions of the riparian corridor of the Hinkson Creek require restoration, mitigation, and improvement, including that portion which lies within Stephens Lake Park; and

    WHEREAS, THF Red Oak Development, L.L.C., a Missouri limited liability company, as  a condition precedent to the issuance of certain permits from the U.S. Army Corps of Engineers, agreed to perform, at its expense and without cost to the City, certain mitigation and improvements to the Hinkson Creek Riparian Corridor within the 4.42 acre area of Stephens Lake Park legally described as follows:

A tract of land located in the southeast quarter of Section 7, the southwest quarter of Section 8, the northwest quarter of Section 17 and the northeast quarter of Section 18, all in T48N R12W, in Columbia, Boone County, Missouri, being part of Lot 1  Stephens Lake Subdivision, described as follows:

Starting at the Section Corner between Sections 7, 8, 17, and 18  T48N R12W, thence N 0°29’”W, along the section line between Sections 7 and 8, a distance of 16.16 feet to the point of beginning.

From the point of beginning, thence S 66°31’”E 23.59 feet; thence S 64°05’”E 99.48 feet; thence S 75°13’”E 107.18 feet; thence N 88°41’”E 107.18 feet; thence N 62°49’”E 135.14 feet; thence N 51°04’”E 145.39 feet; thence N 46°29’”E 135.65; thence N 36°44’”E  88.85 feet; thence N 22°31’”E 88.84 feet; thence N 0°34’”E 123.15 feet; thence N 18°16’”W 196.31 feet; thence N 8°47’”W 108.25 feet; thence N 4°39’”W 136.56 feet; thence N 79°07’”E 60.03 feet; thence S 27°02’”E 209.96 feet; thence S 28°00’”E 248.10 feet; thence S 14°17’”E 220.86 feet; thence S 63°19’”W 308.48 feet; thence S 53°05’”W 145.20 feet; thence S 51°06’”W 151.52 feet; thence S 41°44’”W 186.78 feet; thence S 86°29’”W 138.78 feet; thence N 68°35’”W 139.30 feet; thence N 51°09’”W 184.16 feet; thence N 13°19’”E 61.24 feet; thence S 66°31’”E 58.11 feet to the beginning and containing 4.42 acres (the "Mitigation Area").

The mitigation and improvements will be implemented pursuant to a "Detailed Compensatory Mitigation Plan Stephens Park Habitat Restoration Project" (the "Mitigation Plan").  The Mitigation Plan will include the installation of rock rip-rap to prevent erosion, the eradication of noxious weeds, the planting of desirable trees and vegetation, and other beneficial work as described in the Mitigation Plan; and

    WHEREAS, the Council desires to restrict the development and use of the Mitigation Area so that once the Mitigation Plan is implemented, the benefits of the Mitigation Plan will not be lost in the future; and

    WHEREAS, a portion of the City's Hinkson Creek outfall sewer line bisects and runs through the Mitigation Area, and the Public Works Department of the City of Columbia has the duty to maintain the sewer line in order to protect the health of the residents of Columbia by safely conveying sewage for proper treatment and avoiding contamination of the Hinkson Creek; and

    WHEREAS, the Stephens Lake Park is under the jurisdiction of the Parks and Recreation Department of the City of Columbia, and the Parks and Recreation Department may establish nature observation areas, which may include observation platforms, within the Mitigation Area, and access to portions of the Mitigation Area will be required in order to fulfill the necessary and proper functions of the City's Parks and Recreation Department; and

    WHEREAS, the provisions of this ordinance shall be interpreted consistent with use of the Mitigation Area for a sewer line and nature observation area.

    NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.    The following shall be prohibited in the Mitigation Area:

    a.    The tilling or planting of agricultural row crops or vegetables;

    b.    The placement of any dredge or fill materials or any other materials classified as waste materials under the Clean Water Act (P.L. 99500);

    c.    The placement, dumping or storage of debris or items such as tires, construction waste, yard waste, equipment, vehicles, or trash;

    d.    The pasturage or grazing of domestic animals;

    e.    The construction or placement of any buildings;

    f.    The alteration of the contour or hydrology of the Hinkson Creek, except as approved by the U.S. Army Corps. of Engineers;

    g.    The operation of any all-terrain or off-road vehicles, except as necessary to maintain the Mitigation Area or the City's Hinkson outfall sewer line or any nature observation areas or platforms located within the Mitigation Area;

    h.    The construction of permanent roads for vehicular or motorized machinery or equipment; and

    i.    The harvesting of vegetation or trees, except for such activities as are necessary to maintain the appropriate biological diversity within the Mitigation Area as required by the Mitigation Plan.

    SECTION 2.    This ordinance shall not restrict any activities required on the part of the Parks and Recreation Department in connection with its nature observation areas.  This ordinance shall not restrict the necessary operations of the Public Works Department in connection with the maintenance and repair of the Hinkson Creek outfall sewer line located in the Mitigation Area.

    SECTION 3.    The City Manager is hereby authorized to execute a mitigation agreement with THF Red Oak Development, L.L.C.  The form and content of the agreement shall be substantially as set forth in "Exhibit A" attached hereto and made a part hereof as fully as if set forth herein verbatim.

    SECTION 4.    Sections 1 and 2 of this ordinance shall be in full force and effect from and after the time the City Council, by ordinance, accepts the improvements outlined in the Mitigation Plan.  Section 3 of this ordinance shall be in full force and effect from and after passage of this ordinance.

    PASSED this 3rd day of October, 2005.