M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
JUNE 4, 2001
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, June 4, 2001, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON and LOVELESS were present. The City Manager, City Counselor, City Clerk and various Department Heads were also present.
 

APPROVAL OF MINUTES
    The minutes of the regular meeting of May 21, 2001, were approved unanimously by voice vote on a motion made by Mr. Loveless and a second by Mayor Hindman.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mayor Hindman noted that Report G would be added under Reports.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Hutton and a second by Mr. Loveless.
 

SPECIAL ITEMS
    None.
 

SCHEDULED PUBLIC COMMENTS
    None.
 

PUBLIC HEARINGS
B169-01     Annexation of land located on the east side of Bearfield Road, south of Nifong Boulevard;
                   establishing permanent O-P zoning.
    The bill was read by the Clerk.
    Mr. Beck commented that additional information had been received today regarding this issue which had been tabled from the last meeting. Copies of the letter were also given to the Council.
    Mr. Dudark noted that staff reviewed the exhibit provided by the applicant's attorney at the last meeting. He said there were three items which the Council may wish to consider adding or amending. The first would be to add the word "wet" in the phrasing about an extended detention basin outlined in Section 5 (c). In Section 6, Mr. Dudark suggested there be a written agreement between the City and the owner/developer, as well as any subsequent owner/developer, giving the City enforcement rights to collect any costs to repair and maintain the drainage infrastructure. He referred to Section 8 regarding the use of pesticides on the lawns, he suggested the Council consider including the sentence: "Such pesticide applications shall be given prior approval by the City on a case-by-case basis." Mr. Dudark indicated that staff believes the permitted use issues discussed at the last meeting to be resolved by the exhibit.
    Mayor Hindman reopened the public hearing.
    Craig VanMatre, an attorney with offices at 1103 E. Broadway, spoke on behalf of the applicant. He handed out a revised ordinance which contained minor changes from the previous one. Mr. VanMatre said this revised document incorporates two of the three changes Mr. Dudark suggested for Sections 5 and 6. He had not included the pesticide suggestion because he strongly disagrees with it. Mr. VanMatre noted this requirement is not imposed on anyone else in the community.
    Mr. VanMatre explained that his clients have negotiated with the NBA for an additional 8.75, not to exceed 9, acres of land. This land will be subject to a conservation easement in order to facilitate the sale and maintain the 30% impervious requirement. If the Council adopts a storm water ordinance in the future that allows more than 30%, as long as there are appropriate safeguards, Mr. VanMatre reported NBA has indicated they would want their land back. He hoped that condition could be made part of the deal.
    Jim Davis, 9642 S. Route N, spoke at the last meeting about impervious surfaces and their relationship to stream damage. He passed out an article quoting more than 40 studies that identified a link between impervious surfaces and damage to streams. He summarized the types of damage that can occur. Dr. Davis said he did not support or oppose any given development, he only wanted to make the point that there is a strong relationship between the two, and the Council should take this into account when making their decision.
    Mr. John agreed the data supported a correlation, but he pointed out there is no hard and fast rule in any of the data that stipulates exactly what the impervious surface level should be. He said every watershed is unique in its own right, even within each watershed itself, and as such, the level of impervious surfaces should be based on specific attributes. Dr. Davis agreed. In particular, he related that soil type and ground slope are two very key variables.
    Mr. Loveless asked what criteria is used to define an environmentally sensitive area. Dr. Davis responded that several factors to consider include steep slopes, endangered species, and riparian areas.
    Joe Bindbeutel, 1701 E. Gans Road, again spoke on behalf of the Bearfield Neighborhood Association. He asked that the issue be tabled to resolve three basic issues. He thought the concept of trading the development rights would set a precedent. He commented on the potential right to transfer the additional 8.75 acres to some other portion of the watershed and how the additional development pressure could compromise its integrity. Currently, he thought it was in a pretty good spot. Mr. Bindbeutel stated residents would prefer some modification of the unlimited right to move the 8+ acres anywhere within that watershed. He questioned the definition of a conservation easement.
    Mr. VanMatre commented that the applicant would not agree to a continuance. He reiterated their proposal to treat, impound and purify the water and slow it down before it leaves the site. He felt they should have the opportunity to do that as long as it does not result in post-development runoff being any worse than pre-development.
    Regarding the conservation easement, Mr. Coffman asked whether Mr. VanMatre had a model he was basing that on. Mr. VanMatre responded that he and Mr. Beckett envisioned the conservation easement would prohibit, without the consent of the City, any construction of impervious surfaces on the 8.75 acre tract.
    Dean Anderson, 4001 Hyde Park, spoke about the importance of preserving green space.
    Larry Schuster, 3109 Hill Haven Lane, believed as the City battles urban sprawl by requiring a 30% level, we would inadvertently be encouraging such.
    Mayor Hindman closed the public hearing.
    Mayor Hindman made the motion that B169-01 be substituted by that ordinance prepared by Mr. VanMatre with the exception of technical issues that were omitted, and that Section 1-11.82 be changed to reflect the June 2001 extension of corporate limits instead of May 2001. The motion was seconded by Mr. Janku.
    Mayor Hindman asked if a requirement in regards to the use of pesticides had been placed on Mr. Stohldrier's development. Mr. Dudark explained that the Bearfield covenant prohibited pesticide use for every lot.
    Mr. Coffman asked about the definition of a conservation easement and what control the City would have regarding future transfers. Mr. Boeckmann said the only thing staff could go by was Mr. Beckett's letter where it reserved the right to substitute. He said if the Council grants this condition, that means the transfer could occur at any location within the watershed. Based on the letter, Mr. Coffman asked whether Mr. Boeckmann thought the City would have the ability to approve such a transfer. Mayor Hindman said he did not think so. He believed the land could be outside the City and still be in the watershed. Mr. Coffman asked if there would be a problem defining it. Mr. Boeckmann was sure something could be worked out. He said there is a definition in the subdivision code for greenbelt conservation easement. The basic concept being is that nothing can be built on it. He thought the City would be getting something from the applicant that we would be hard-pressed to demand.
    Mr. Loveless asked what type of pesticide imposition was placed on the Stohldrier property across the street. Mr. Dudark reported the use of pesticides is prohibited as part of the restrictive covenant. Mr. Loveless said he would not be inclined to favor a pesticide restriction on this development.
    Mr. Hutton asked if the Council supported Section 8 of the ordinance where it refers to limitations on pesticide use upon the completion of the improvements being restricted to that applied by a professional pesticide application firm. There was affirmative agreement.
    The motion to amend B169-01, made by Mayor Hindman and seconded by Mr. Janku, was approved unanimously by voice vote.
    Mr. Coffman made the motion that B169-01, as amended, be tabled to the next meeting for the purpose of receiving public input regarding the conservation easement. The motion died for the lack of a second.
    Mr. Janku noted that the debate again this evening points to the fact that the City needs a comprehensive storm water policy. He wanted to move away from the site by site design. Mr. Janku said there is a public benefit to protect the watershed in Rock Bridge State Park and Gans Creek, and that the Council should consider having the public pay that cost. He noted that is one reason a storm water plan was adopted years ago when it was anticipated that regional detention basins would be developed.
    Mr. John agreed that the City needed to work on a regional detention system instead of spending money in the storm water utility fund on flooding in the central city.
    Mayor Hindman believed this is a progressive step forward and the applicant had dealt with the issues in a very good way. He suggested they move ahead.
    B169-01, as amended, was read with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B170-01     Rezoning property located on the southeast corner of Nifong Boulevard and Bearfield Road from
                   A-1 to O-P.
    The bill was read by the Clerk.
    Mr. Beck commented that this is the companion to the one that was just passed.
    Mr. Janku made the motion that B170-01 be amended per the substitute bill by Mr. VanMatre. The motion was seconded by Mr. Loveless.
    Mayor Hindman opened the public hearing.
    Mr. VanMatre, an attorney with offices at 1103 E. Broadway, said his comments would be the same as the last time.
    Joe Bindbeutel, 1701 E. Gans Road, speaking on behalf of the Bearfield Neighborhood Association, restated his comments from the previous public hearing.
    Mayor Hindman closed the public hearing.
    The motion to amend B170-01, made by Mr. Janku and seconded by Mr. Loveless, was approved unanimously by voice vote.
    Mr. Hutton questioned Section 3 which permitted impervious structures. It read that, "the ratio of impervious structures to the total square footage of the above described shall not exceed 40% by surface area." Mr. John explained that was within the 23 acres, the 8.75 acres are on a different parcel. Mr. VanMatre remarked that the defined term "property" is the 23 acres. He said it is the intent that the number relates to the 40% of the 23 acres, and when adding in the 8.75 acre conservation easement, they would be down to 30% overall.
    B170-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B184-01     Authorizing construction of water main along Wilson Avenue from College Avenue east beyond Lee
                   Street.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this project would replace an existing four-inch water main with an eight-inch water main along Wilson Avenue. The estimated project cost is $15,600 to be paid from Water and Light funds.
    Mayor Hindman opened the public hearing.
    There being no comment, Mayor Hindman closed the public hearing.
    B184-01 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

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.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this rezoning would allow for the density of 30 units per acre. He stated both staff and the Planning and Zoning Commission recommended denial of the request. He said they were not opposed to the church, but did not feel the area would be appropriately zoned at PUD-30.
    Mayor Hindman opened the public hearing.
    Dana Battison, 7200 E. Highway WW, Treasurer of Grace Covenant Church, displayed their plan on the overhead. She explained that the parking would be cooperative use pairing with Ridgeway School. Ms. Battison reported plans call for a sanctuary, a family activity center, and an outdoor volleyball and basketball area. She asked the Council to consider the unique needs of this area. Ms. Battison explained that plans also call for a walking trail through the property to engage residents with the young people. She remarked that the youth activity center would offer mentoring and after school programs.
    Regarding the letter of intent and the uses listed, Mr. John noted that it refers to the possible construction of a gymnasium and an expansion of the sanctuary for offices and fellowship. He asked about the square footage of these facilities. Ms. Battison responded that the plan shows the maximum area the sanctuary and family activity center would be. If in 10 years they can afford to construct a gymnasium, she indicated it would be over the area shown as the outdoor basketball and volleyball area. She said it would not be creating any more impervious space. Mr. John thought this information should be included in the letter of intent so the Church would not need to come back with a modification of their plan. Ms. Battison said the square footage outlined in the letter of intent contains the maximum needed for both the expanded sanctuary and the family activity center. She said they would be agreeable to add the gymnasium to the letter of intent by including that square footage as well.
    Linda Dyer, 2723 Pine Drive, explained that the Grace Covenant Church has a statement certifying that the funds needed to meet their obligation are available. She said they also have the letter of intent signed by Mr. McNabb registering their proposed use. In reference to the dissolution clause, Ms. Dyer explained that it stipulates that all of their assets must be disposed of to a not-for-profit organization for educational, scientific, or religious use. In the unlikely event the University or another church inherited the land and then possibly found some way to sell it to developers, she said the City would still have control in the protection of the PUD. At the Ridgeway neighborhood meeting in April, Ms. Dyer noted that several residents wanted the Church to place a restrictive covenant on the land. She said they are willing to do that. She passed out a sample of what they would file with the Recorder of Deeds after closing.
    Larry Schuster, 3109 Hill Haven Lane, explained that he has a business at 1101 Grand Avenue as well as several rental properties in the neighborhood. He remarked that he and his wife purchased the business on Grand Avenue 17 years ago. Mr. Schuster described the condition of the area at that time and how much it has changed since then. He said they have worked very hard over the years to clean-up the area and be good corporate neighbors. He commented on the level of crime in the area and noted that most of the perpetrators are kids under the age of 12. Mr. Schuster believed the major problems in the neighborhood (identified through participation with the police department and community surveys) is unattended youth. He asked the council to support the church and its efforts because they are getting at the crux of what the neighborhood deals with - unattended children.
    Karen Cupp, 117 Fourth Avenue, indicated that she was vice-president of the Ridgeway Neighborhood Association from April of last year to April of this year. In her many conversations with her neighbors, they have expressed opposition to more housing. What the area is in need of is activities and programs for families within walking distance of the neighborhood. She believed that the vandalism, crime and drug use is a result of kids with too much time on their hands. Ms. Cupp noted that the households represented by the four officers of the Ridgeway Neighborhood Association have no children and are insensitive to the needs of their neighbors who they refer to as riffraff. Instead of understanding that Grace Covenant would help many of their neighbors in addressing their most pressing social issues, the Association opposes this rezoning request because they fear a church might attract more needy people to the area. Ms. Cupp reported that one of the Ridgeway Neighborhood officers approached David Thayer about gaining site control of the property at Garth and Sexton. As a result of this, an architect prepared plans for a 54-unit upscale complex. Ms. Cupp thought the truth to be that if this rezoning request is denied and the church is unable to secure the property, the Ridgeway officers will return with a request for PUD-17. Such a plan would deny Ridgeway School a much needed parking lot, increase the student load at Parkade School, increase traffic and parking problems in the area, and create an opportunity for 54, Section 8 rentals in five years when the owner occupancy requirement expires. Ms. Cupp commented that Mr. McNabb and the church have been aboveboard with the neighborhood association and the neighbors. She added that Grace Covenant is already actively participating in the neighborhood in many positive ways.
    John Cupp, 117 Fourth Avenue, past treasurer of the Ridgeway Neighborhood Association, said residents were contacted by Pastor Dyer last year in regards to the Church's interest in helping the neighborhood. He said members from the Church assisted with the neighborhood clean-up day, at which time the Pastor noticed the tract in question. Mr. Cupp and his wife visited the church and found the members willing to help people improve the neighborhood. He and his wife are now members of Grace Covenant Church. Mr. Cupp explained that Grace Covenant's programs would offer after-school and evening activities for the youth in the neighborhood.
    Art Dyer, 2723 Pine Drive, Pastor of Grace Covenant Church, pointed out that two years ago the people of Columbia said they did not want housing on the McNabb property. He said the Church's plan would satisfy what residents of this neighborhood said they wanted two years ago -- no more housing. Pastor Dyer believed their plan to be a win/win in seven ways. They believe the people in the neighborhood win by keeping more housing out and bringing the church in; the children win by establishing a family activity center; Ridgeway School will win by gaining much needed off-street parking and perhaps working together on other cooperative projects in the future; the environment would win with a plan that maintains a park-like setting and does not overtax the existing infrastructure; the church wins by having a home from which they can make a real difference in the lives of people; the City wins with a PUD project that is very similar to the neighborhood common of the Metro 2020 Plan; and finally, Tom McNabb would win because he could walk away from the property and concentrate on other ventures.
    Mayor Hindman asked if the plans call for building a church and then later a recreation facility. Pastor Dyer replied the project being proposed is the construction of a church and a family activity center. The activity center would hold after-school activities for youth. He said they plan to offer a place where families can gather in the evenings for meetings and educational programs. Mr. Dyer indicated this would not be a gymnasium, but there might be table games and things of that nature. Regarding the use of the activity center, Mayor Hindman asked if it would generally be open to any resident of the neighborhood, or whether one would have to be a member of a church. Pastor Dyer verified it would be open to anybody in the neighborhood and would not be tied to church affiliation or attendance.
    JoAnn Rainey, 21 Fourth Avenue, a member of the Ridgeway Neighborhood Association, spoke in opposition to the up-zoning, not the church. She felt the church could proceed with its vision under the current zoning.
    Mayor Hindman asked Ms. Rainey how she would feel if there were enforceable covenants that would down-zone this property to PUD-17 if the project fell through. Ms. Rainey felt PUD-17 was still rather high. She would be in favor of a PUD-9.
    Pat Kelly, 1007 Grand Avenue, President of the Ridgeway Neighborhood Association, said there are 20 vacant lots in this neighborhood. She verified that she spoke to David Thayer and he supported some type of housing project, but he needed site control. In order to obtain this he would have to have a plan to show his bankers and his board. Ms. Kelly reported that is where the plan comes from, not from secret meetings or her trying to decide what is best for the neighborhood. She asked the Council to consider this as a zoning issue, and not base a decision on the needs of the neighborhood. Ms. Kelly said she was not opposed to the church's plan, only the up-zoning.
    Vernon Forbes, 1007 Grand Avenue, spoke in opposition of the up-zoning.
    Bob Kunkler, 4403 Glen Eagle, explained that he owns rental property in the area. He spoke in favor of the proposal saying that it seems to address many issues of the neighborhood.
    Wanda Leach, 106 E. Forest, Secretary of the Ridgeway Neighborhood Association, spoke in opposition to the rezoning request.
    Shannon Bossaller, 14 Fourth Avenue, explained that he and his wife own the property next to the subject tract and they have lived there for nine years. He believed the PUD-30 and its allowed uses to be inappropriate for the property. Mr. Bossaller was not questioning the good intentions of the church or its members.
    Ms. Crayton commented that she did not want to see another housing complex in this neighborhood.
    Rebecca Schedler, 120 Benton, explained that she lives in the Ridgeway neighborhood, but is President of Smithton Valley Neighborhood Association. Although she is opposed to the up-zoning, Ms. Schedler remarked that she wholeheartedly supports the church and their plan.
    Waldo Palmer, 414 Alexander, said the only reason for this up-zoning involves a tax break for the property owner. He was not opposed to the church.
    John Clark, 403 N. Ninth, indicated that he does not live in the Ridgeway neighborhood, but he is a supporter of the neighborhood. He asked the Council to continue to support the Ridgeway Neighborhood Association and the neighborhood it works with. He said the Association is what is having a positive affect on crime and on the park.
    Lisa Nauman, 20 E. Forest, explained that she is a co-founder of the Ridgeway Neighborhood Association and former officer. She gave Mr. McNabb credit for maintaining the property. She said he has kept it mowed and has planted trees and perhaps that is why he feels he is entitled to a little more money for the property. Ms. Nauman spoke about the dilapidated homes he removed and the sewer improvements he had to make.
    Mayor Hindman closed the public hearing.
    Ms. Crayton did not agree with the statements about the property owner using the church as an excuse to up-zone the tract. She wondered if the neighborhood would rather work with the present owner or with the church. Ms. Crayton commented that it would not do any good to have a PUD-30 if residents could not come outside because of crime. She asked if a covenant could be put in place ruling out the possibility of a high rise building.
    Mr. Boeckmann explained that covenants normally encumber certain land and if all of the owners of the encumbered land agree to change it, then this can be done. He said it is not under City control, this is a private relationship between the owners of the property. He said to place a covenant on this particular piece of property would not work because whoever owns the property could put it on and take if off.
    Mr. John explained that only a church would be allowed to be built on the property if it is zoned PUD-30. He said the owner would have to come back with a rezoning request if they even want one house on the property because there are none allowed in this ordinance. Mr. Boeckmann added that before anything can be built, the applicant would need to go through the site plan process. Mr. John said there is a statement of intent that spells out what is being approved. Mayor Hindman disagreed. Mr. Boeckmann remarked that if the Council thinks what they are doing tonight by passing the ordinance is stipulating the only use that could be made of the property is a church, they would be down-zoning the property and the value would be less than what it is now. He said the Council actually would be doing the owner a favor by defeating the rezoning request under that analysis.
    Ms. Crayton commented that she wanted to help the neighborhood and the church at the same time while not having a huge building on the property.
    Mr. Janku stated that even though he believed the church's goal to be admirable, he had problems with the process. Because there are questions about the enforceability of the covenants and the impact of the statement of intent and the PUD-30, he suggested tabling the issue until these questions could be answered.
    Mr. Janku made the motion that B186-01 be tabled to the June 18, 2001, meeting.
    Mr. Loveless asked if the end in this case justifies the means. He was not comfortable with the means, but liked the end. If a letter of intent attached to a PUD is binding enough that should the Council find itself faced with a forfeiture of the church, that they feel comfortable there will not be a high density dwelling unit constructed on the property, Mr. Loveless said he could live with the means to achieve the end. He said the end is good and something the neighborhood desires and supports.
    Mr. Boeckmann said the Council is making a thorough record that in rezoning this property, they want to be absolutely sure that the owner cannot possibly use it for PUD-30 -- which is what Mr. McNabb needs for his values.
    Mr. Beck asked how the Council felt about the staff recommendation of PUD-17. Mr. Loveless pointed out that the sales contract between the owner and the church is contingent upon the property being up-zoned to PUD-30.
    Mayor Hindman understood the neighborhood would be happier with PUD-17.
    Mr. Coffman said he would be willing to support the proposal because he thought the church could be a stabilizing influence for the neighborhood.
    The motion to table B186-01, made by Mr. Janku, died for the lack of a second.
    Mr. Janku did not support the rezoning. He was concerned about setting a precedent. Mr. Janku did not believe PUD-30 was the appropriate zoning for the property because of the density. He also disagreed with the process.
    Mr. Hutton said he would very much like to see the church develop the property and succeed, but he agreed with Mr. Janku in that it is just not the way to go. He did not think the zoning was appropriate for the property.
    Mayor Hindman said the property owner has been accused of getting a higher price for the property and he did not think that was happening. He said if this rezoning is approved and the IRS were to recognize the PUD-30, then Mr. McNabb would be able to sell the property to the church, in fact, for a lower price. The seller would still be able to come out as though he had sold it to an independent buyer and the church would be getting the property at a lower price. Mayor Hindman believed that is why the church is interested in it.
    Mr. John suggested that perhaps the church is being allowed to use the seller -- Mr. McNabb's ability to obtain a potential tax advantage, so they can get a piece of ground cheaply. In his reading of the zoning ordinance, Mr. John said what the Council would be approving is a PUD that allows no houses, no dwellings at all of any type, only a church. He said that is what the Council is voting on.
    Mr. John made the motion that B186-01 be amended per the amendment sheet. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    B186-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, LOVELESS. VOTING NO: JANKU, HUTTON. Bill declared enacted, reading as follows:
 

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.
    The bill was given second reading by the Clerk.
    Mr. Dudark noted the property is 2/10ths of an acre and the tract is pretty much surrounded by business uses. He stated the area is transitioning from residential to commercial. Both staff and the Planning and Zoning Commission recommended approval of the rezoning request.
    Mayor Hindman opened the public hearing.
    Doug Schall, an attorney with offices at 11 N. 7th Street, noted that the requested zoning change is much more compatible with the existing use and development of the surrounding area.
    Mayor Hindman closed the public hearing.
    B187-01 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B188-01     Rezoning property located at 1402 Lakeview Avenue from R-3 to C-3.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the request for rezoning on this property was also recommended for approval by the Commission.
    Mayor Hindman opened the public hearing.
    Lee Stidham, owner of Lee's Tire company, reported he is also owner of the tract in question. He explained that he bought the property because it is immediately adjacent to his business. Mr. Stidham noted a dilapidated house on the property which will be torn down.
    Mayor Hindman closed the public hearing.
    B188-01 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B194-01     Approving the transfer of a cable television franchise from TCI Cablevision of Missouri, Inc.,
                   providing service as AT&T Broadband, to MCC Missouri, L.L.C., a subsidiary of Mediacom
                   Communications Corporation.
    The bill was given second reading by the Clerk.
    Mr. Coffman, Chair of the Cable Committee, explained that the group met on a couple of occasions with different representatives from Mediacom. A preliminary issue which he believed should be addressed was whether this entity is qualified to do business in the State of Missouri. He understood they are in the process of creating a subsidiary to do that. Mr. Coffman reviewed the issues raised by the committee which included what commitments Mediacom would make to continue to offer technical upgrades and services in their service territory. He noted this was addressed by Mediacom via a general statement in a letter dated May 29, 2001. The statement indicated they have a track record of upgrading their system and that they believe Columbia is a prime area, however, they did not make a binding commitment about specific upgrades. The other issue involves new development and at what point Mediacom will provide cable to new subdivisions. Mr. Coffman commented the Committee had a fairly positive discussion on that issue.
    In regards to customer service standards, Mr. Coffman stated this is an element the Council has insisted upon being the subject of quarterly reporting with the last two transfers they approved. He said this condition was not stipulated in the ordinance when AT&T assumed the franchise from TCI, but it was made part of the ordinance when Charter Communications took over from Capital Cable. He said both companies have provided reports on a fairly regular basis. Mr. Coffman was of the opinion that AT&T's customer service has been outstanding. However, he noted that Mediacom has agreed to voluntarily provide quarterly reporting, but do not agree to make it a condition of the transfer.
    Mr. Coffman stated another issue the Committee explored and discussed in depth involved weather-related facilities. Again, Mediacom has not made any commitment in that regard. Mr. Coffman reported the Committee has not made a recommendation on the transfer, one way or the other. He asked Mr. Boeckmann to address the questions about the legal entity.
    Mr. Boeckmann stated that the initial letter received from AT&T was a request to transfer the franchise to Mediacom Communications Corporation, a Delaware Corporation. During the course of discussions, Mediacom informed the City that the actual holder of the franchise was to be MCC Missouri, a limited liability company. Mr. Boeckmann pointed out that neither entity is presently qualified to do business in Missouri. He was told by Mr. Fisher (representative from Mediacom) that later this week they are going to file with the Missouri Secretary of State for qualifications. In previous conversations with the Secretary of State's Office, Mr. Boeckmann was told it takes normally five to ten days to process a request. The request itself is a one page application.
    Under federal law, Mr. Boeckmann explained that the Council has 120 days after receiving the request to take action on it. If that does not happen, the request is automatically approved. He stated that there will be one more Council meeting before the 120 day limitation expires. Mr. Boeckmann reported that Mediacom requested that the transfer be approved tonight. He noted that Mediacom is willing to condition the approval on them obtaining the necessary qualification to do business in Missouri prior to closing with AT&T. He said the closing could occur in the later part of June, but could drag into July.
    Mayor Hindman opened the public hearing.
    Bill Fisher, stated is the General Manager for the Missouri, Kansas, and Oklahoma Mediacom Systems. He reiterated their intent to be a good corporate citizen to Columbia, just as AT&T has been. Mr. Fisher indicated his company is prepared to accept a condition on the final agreement this evening relating to the registering of the legal entity in the State of Missouri. He didn't expect for that to take more than a few days. Mr. Fisher stated it is their intention to have it complete at the time of closing. He verified the information contained within his letter of May 29th regarding Mediacom's intention to continue to provide customer service reports on a voluntary basis.
    Mr. Coffman asked whether the Mediacom companies in each state have to file the same information (customer service standards) with the FCC. Mr. Fisher stated telephone standards are filed. Mr. Coffman asked if this was public information. Mr. Fisher said he could get this information for him.
    Mayor Hindman asked who would be billing for the cable service. Mr. Fisher responded that Mediacom would issue the bills, but the registered entity in the State of Missouri will be MCC Missouri, L.L.C. Mayor Hindman questioned why the company insists on voluntary reporting instead of agreeing to this stipulation as part of the franchise transfer. Mr. Fisher said it was voluntary because it is not a franchise requirement. He remarked that Mediacom takes their customer service standards very seriously and are prepared to issue reports on a quarterly basis just as they have been.
    Previous to AT&T's ownership, Mr. John noted there was a period of time when as new subdivisions were built, the franchisee was not co-locating the cable at the same time as the electrical and phone lines were run. This meant the trench had to be dug up again when they were ready to lay television cable. He thought that was rather expensive and wasteful. Mr. John asked what that policy would be with Mediacom. Mr. Fisher said in any municipality Mediacom serves they ask to be given enough advance notice to go out and look at the area in question because they do follow density and footage requirements. As new subdivisions are built, they look for guidance from the local system to submit to their regional office for approval. Mr. Fisher stated that they facilitate that as quickly as possible so they can save money.
    Mr. Coffman asked Mr. Fisher how Mediacom figures their standard. In the franchises they negotiate, Mr. Fisher said they look at anything over 400 feet as beyond the area they want to run a drop to. After that point, it would mean degradation of the cable signal. Usually, they use the standard of 25 homes to the mile. Mr. Coffman asked if that was what AT&T had been using. Mr. Boeckmann noted a provision in Chapter 10 that covers that. Mr. Fisher indicated that Mediacom will honor what is in the franchise agreement. Mr. Coffman questioned if there were cases where Mediacom would go beyond that point. Mr. Fisher responded they would look at every build out and would not discount anything until they can put a cost to it.
    Mr. Janku understood that Mediacom had signed their contract with Excite@Home. Mr. Fisher said Mediacom is currently in the process of transitioning over to Excite@Home. He remarked they have been with a different Internet provider in their systems, and they are presently in the conversion process. Mr. Janku asked if they anticipate the people that have the @Home Service through AT&T being able to continue with it. Mr. Fisher replied they would be able to continue with it.
    Mr. Coffman questioned whether Mediacom provides access to cable Internet in other communities. Mr. Fisher replied that they do. Mr. Coffman asked how that price structure compares with what @Home charges. Mr. Fisher commented that since Mediacom is still going through the transition process in Missouri, they do not have the pricing structure as yet. He was hopeful they would have that within the next 30 days. He said their previous provider was pretty much in the same range as what AT&T is right now. Mr. Fisher assumed @Home would be the same.
    Mr. Coffman asked Mr. Fisher if he would object to the Council approving the transfer with the condition that quarterly reports be provided as part of the ordinance. Mr. Fisher said he could not commit to that. He reiterated his previous public statement that Mediacom is prepared to continue with the quarterly reports.
    Gary Baugh, General Manager of AT&T Broadband in Columbia, spoke in support of the transfer. Although he said it is true that MCC Missouri, L.L.C. is not a legal entity in Missouri tonight, upon closing it will be.
    William Woodward, 200A Unity, questioned AT&T's advertised special offers for cable service at an introductory rate and whether these would be honored by the new company. Mr. Baugh responded any written offer will be honored by Mediacom.
    Mayor Hindman closed the public hearing.
    There was a discussion about amending the ordinance to make the transfer conditional upon Mediacom becoming a registered entity.
    Mr. Boeckmann suggested amending Section 7 by stipulating that the approval of the franchise transfer to MCC Missouri, L.L.C. and the consent to the assignment of agreements are subject to the condition that MCC Missouri, L.L.C. become qualified to do business in Missouri by the time of closing referred to in Section 5.
    Mr. Loveless made the motion to amend B194-01 per Mr. Boeckmann's suggestion. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    B194-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: COFFMAN. Bill declared enacted, reading as follows:
 

(A)     Voluntary annexation of property located at 3220 South Old Ridge Road.
    The item was read by the Clerk.
    Mr. Beck explained that this is a one lot subdivision in the Country Woods Subdivision consisting of about 2.7 acres. The property is adjacent to the Hinkson Creek where City sewer runs alongside the creek.
    In terms of future sewer development in the area, Mr. Janku asked if there would be an ability for other homes to connect to this line even though they are not immediately adjacent to it. Mr. Patterson responded that they have the ability to do that now, but it would require some extension of lines. He stated the only requirement would be the annexation policy. Because it would be above the 80-acre point, a sewer district would have to be formed and it would be the property owner's expense to connect to it.
    Mr. John understood in this case it involves a lateral coming down from one lot to the trunk line. Mr. Patterson said that was correct.
    Mr. Hutton asked if the entire subdivision is served by a private treatment facility. Mr. Patterson understood it was on-site facilities (septic tanks).
    Mr. Janku was concerned about these people coming forward one by one. He wondered if it would be difficult to establish a sewer district under that scenario. Mr. Patterson agreed that is a potential problem with piecemeal annexation. He indicated the best solution would be to have a voter approved annexation so the entire area could be brought in at one time. Currently, residents have not expressed a strong desire for annexation.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
 

OLD BUSINESS
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.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the Missouri Department of Transportation studied this area and recommends that the speed limit be reduced from 45 to 35 mph on this five lane section of roadway.
    B181-01 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B191-01     Vacating Virginia Avenue between Rollins Street and Hospital Drive.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the University requested this vacation in order to make it part of their jurisdiction to maintain. He reported the University plans to build a new parking garage along the west side of the street to be vacated. He noted the University will be replatting the area.
    B191-01 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

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.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this ordinance is related to the vacation that was just approved. This tract consists of approximately 20.8 acres. The staff as well as the Planning and Zoning Commission recommended approval of the request.
    B192-01 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B193-01     Approving the final plat of Centerstate Plat 1.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this 101 acre tract is located on both sides of US 63, south of Mexico Gravel Road where the US 63/Vandiver interchange is being planned. The plat includes the street right-of-way which will be dedicated in conjunction with the proposed interchange. The property is zoned M-1.
    Mr. Patterson noted that the report to the Council indicated the plans had not yet been approved by Public Works at the time of the report. He said staff has been reviewing the plans with the developer and his engineer and it was believed that they are in an approvable form.
    Mr. Janku asked when the greenbelt would be dedicated. Mr. Dudark said they expect that to come back when the plat for the lots that would be affected by it come in. He indicated they will have a C-P plan and a final plat for that area at the same time. Mr. Janku asked about the parkway -- he understood Mexico Gravel Road is proposed to be connected next year. Mr. Patterson thought that would occur in 2003.
    Mayor Hindman asked about sidewalks. Mr. Shy explained the reason there are no sidewalks on the bridge is because the ramps are on the north side and a walk on that side would raise safety issues. A walk is planned on the south side, but there is a traffic study that has to be done for Phase II before any development can occur on the east side of 63. Mr. Shy reported the sidewalk on the south side of the bridge is presently in the plan for Phase II.
    Mr. Janku asked how wide the bridge would be. Mr. Shy replied that it will be three lanes with left turn capabilities. It will eventually be six lanes.
    B193-01 was given third reading with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

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

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.
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.
B185-01     Appropriating funds for COLT Railroad car hire charges.
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.
R109-01     Setting a public hearing: water main upgrade along Oak View Drive.
R110-01     Setting a public hearing: utilization of Federal Transit Administration grant funds.
R111-01     Authorizing an agreement with the University of Missouri to allow use of University property for
                   the Fourth of July Celebration.
R112-01     Authorizing a contract with Horizon Research Services to provide evaluation of City-funded social
                   services.
R113-01     Authorizing an agreement with the Missouri Department of Health for Summer Food Service
                   Inspection Program.
R114-01     Authorizing an adopt-a-spot agreement with Vonderahe's Select Equipment Repair.
R115-01     Authorizing a lease with the Federal Aviation Administration in regard to the construction of the
                   engine/generator building at the Airport.

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

NEW BUSINESS
R116-01     Authorizing an agreement assigning Comprehensive Human Services, Inc.'s interest in a social
                   service contract with the City to Boys Town of Missouri, Inc.
    The resolution was read by the Clerk.
    Mr. Beck explained that last April, Comprehensive Human Services, Inc. transferred the Front Door Program to the Boys and Girls Town of Missouri. The agreement authorizes the use of City funds for the new agency.
    Keith Hardin, 5326 Godas Circle, the Director of Boys and Girls Town of Missouri, explained their mission to be the improvement of the lives of children with emotional and behavioral problems through superior family-focused services. He explained that the organization was founded in 1949 by a group of World War II veterans who wanted to help troubled children in the St. Louis area. The children they work with range in age from 6 to 17. The girl's house is currently at capacity, but the boy's facility, which just opened this week, can hold up to 18. Mr. Hardin summarized the different disorders they work with and the qualifications of the staff. He passed out packets containing detailed information on the program.
    Mr. Steinhaus noted that this agency has assured him they will run approximately 90% or better with Boone County kids, whereas previously Comprehensive Human Services was serving about 35% from Boone County.
    The vote on R116-01 was recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R117-01     Authorizing the City Manager to apply to Boone County for a grant to apply toward improvements to
                   Blue Ridge Road and Garth Avenue.
    The resolution was read by the Clerk.
    Mr. Patterson explained that staff received notice in April of the annual request for applications for Boone County Revenue Sharing money. In continuing the City's efforts to develop cooperative projects with the County, staff proposes to request funding for two road improvement projects. The funding requested for the Blue Ridge Road project amounts to $182,000, and $206,000 will be sought for the Garth Avenue Bridge and Garth Avenue from Bear Creek south project. If the City is successful in obtaining any funding for these projects, Mr. Patterson reported that would allow the reprogramming of money currently dedicated to these projects for activities that would be more urban in nature and less eligible for County funding.
    Mr. Janku said both projects are very much needed and he was appreciative staff is trying to move them forward.
    The vote on R117-01 was recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. 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:

B195-01     Authorizing water main upgrade along Oak View Drive.
B196-01     Accepting easements for water purposes.
B197-01     Approving the final plat of Grasslands Subdivision, Plat 16 - a replat of Lot 1 and part of Lot 26 of
                   Block 5 Grasslands Addition.
B198-01     Approving the final plat of Stonecrest, Plat 2; authorizing a performance contract.
B199-01     Voluntary annexation of property located at 3220 South Old Ridge Road.
B200-01     Confirming the contract of Meyer Electric Co., Inc. for the traffic signal modifications at the
                   intersection of State Route 763 and Smiley Lane.
 

REPORTS AND PETITIONS
(A)     Street closure requests.
    Mr. Hutton made the motion that the requests be approved as written. The motion was seconded by Mr. John and approved unanimously by voice vote.

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

(C)     Potential sanitary sewer district in the Old Plank Road Subdivision.
    Mr. Beck explained that six lots being served by a single cell lagoon were recently annexed into the City. He stated the lagoon does not meet state approval. If the Council wishes to proceed with a detailed study as it relates to setting up a sewer district and preparing plans, a motion would be in order. Mr. Beck noted that a petition had been received from the property owners requesting the establishment of a sewer district.
    Mr. Hutton made the motion that staff be directed to proceed with plans. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.

(D)     Merideth Branch storm water detention basin.
    Mr. Beck commented that this would be a fairly large project in southwest Columbia, involving close to $250,000, for a storm water detention system.
    Mr. Patterson pointed out that the City has been spending practically all of the funds received from the storm water utility to correct problems in the City. This is one of the first efforts to be pro-active in attempting to prevent problems with a regional facility. Mr. Patterson reported this is one of the five specifically identified by Burns & McDonnell in the 1998 report.
    Mr. Hutton said this is a perfect example demonstrating the City's lack of a mechanism to get money out of developers for creating problems. He realized that we do in the sense of the storm water tax issue. Mr. Hutton asked if this project is necessary because of development. Mr. Patterson replied more or less. He said in years past there has been flooding downstream in the Georgetown Subdivision. With the new upstream development, it certainly has increased the problem. In that sense, the City is trying to be pro-active in order to alleviate potential problems downstream. Mr. Hutton noted that the worst of the flooding occurs on property that actually is in the county. Mr. Patterson acknowledged that was correct. Mr. Beck believed that some of those streets were probably built in the flood plain. He remarked that this project would be paid for from the storm water utility fund which is collected from everyone, including developers.
    Mr. Patterson indicated staff will work with development in the area to assure that we are able to accommodate the facility. He said both sides of the property have been very cooperative with the City in trying to work on it.
    Mr. Loveless asked if easements have been obtained from Mr. Overton yet. Mr. Patterson responded not all that will be needed have been received, but the platting took care of preserving some of them. He stated some property will have to be acquired.
    Mr. Janku asked if there could be some sort of path or trail between Gillespie Bridge up to Chapel Hill. Mr. Patterson said he was not sure how that would be done, but his staff could discuss it with Parks and Recreation.
    Mr. John asked how much a developer, when building a 2,000 square foot home, pays for storm water. Mr. Patterson believed that amount was nine cents per square foot. Mr. John's point was that developers have been paying into this fund for the last eight or so years. He pointed out that every home, including those within this project area, are assessed a monthly storm water fee. Mr. Patterson approximated that monthly fee to be $1.16.
    Mr. Hutton asked how much the County pays towards storm water. Mr. Patterson responded that we get their everlasting goodwill.
    Mr. John made the motion that the staff be directed to proceed. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

(E)     Request by owners of property within the East Campus and Benton Stephens neighborhoods to rezone 13
          parcels from R-2 and R-3 to R1 and R-2.
    Mr. Beck explained that these requests can be made once a year and the City will pay the advertising costs.
    Mr. Coffman made the motion that the staff be directed to begin the process. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.

(F)     Request by Fort Wayne Sister Cities, Inc. to explore Sister City relationship with Sibiu, Romania.
    Mr. Beck explained that Fort Wayne, Indiana is interested in exploring a Sister City relationship with Sibiu, Romania. He reported that Sister Cities International requires that all involved cities enter into a cooperative agreement. As the City of Columbia is the primary Sister City with Sibiu, we would have to sign the agreement before Fort Wayne could proceed with their plans to partner with them. Mr. Beck noted we have not been active with this city and we may want to terminate our agreement with Sibiu altogether.
    Mr. Janku made the motion that we allow Fort Wayne to explore a potential relationship with our Sister City Sibiu, Romania. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.

(G)     Police Department Study.
    Earlier this evening, Mr. Beck spoke to the Council regarding the hiring of a consultant to work with staff from the Police Department and a liaison from the Manager's Office regarding some project work. If the Council wishes to proceed with the study, Mr. Beck explained the next step would be to take proposals for the hiring of a consultant. Staff would need to bring back legislation to actually allocate the funds. He asked Chief Boehm to give a brief description of what is being proposed.
    Chief Boehm explained the request would be to put out a proposal for a consultant to look at three separate but closely related issues within the Police Department. Those issues include an evaluation of the current community policing program and recommendations for enhancement of such, facilitating a strategic planning process, and conducting a comprehensive staffing study.
    Mr. Loveless made the motion that the staff be directed to proceed. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

BOARDS AND COMMISSIONS
    None.
 

COMMENTS OF COUNCIL, STAFF, AND PUBLIC
    Mr. Janku made the motion that the concerns of the Mayor and the staff be communicated to the Governor regarding the right-of-way legislation. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
    Mr. Janku asked that information regarding the right-of-way legislation be sent to the Council and that the public be informed as well.
    In accordance with the City Charter, Mr. Beck announced that he has scheduled a press conference on Wednesday morning at 9:30 a.m. to report on priorities and procedures for the City of Columbia. He also noted that the Council Retreat will be held at the Lake of the Ozarks beginning Thursday evening. Retreat notebooks will be delivered Tuesday evening.
    The meeting adjourned at 11:20 p.m.

                                                                                            Respectfully submitted,

                                                                                            Penny St. Romaine
                                                                                            City Clerk