M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
MAY 6, 2002
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, May 6, 2002, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members HINDMAN, CRAYTON, JANKU, LOVELESS, JOHN and COFFMAN were present. Member HUTTON was absent. The City Manager, Assistant City Counselor, City Clerk and various department heads were also present.
 

APPROVAL OF MINUTES
    The minutes of the special and regular meetings of April 15, 2002, as well as the minutes of the special meeting of April 24, 2002, were approved unanimously by voice vote on a motion made by Mr. Loveless and a second by Mr. Janku.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mr. John asked that B160-02 be removed from the Consent Agenda and placed under Old Business.
    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 Mr. Janku.
 

SPECIAL ITEMS
    None.
 

SCHEDULED PUBLIC COMMENTS
    None.
 

PUBLIC HEARINGS
(A)     Voluntary annexation of property located on the south side of State Route K, approximately 400 feet east
          of the intersection of State Route K and Old Village Road.
    Item A was read by the Clerk.
    Mr. Beck explained this is a one acre tract located in south central Columbia. It is presently zoned A-2 and the applicant has unofficially asked that it be zoned R-1. An ordinance relating to this issue will be introduced this evening.
    Mayor Hindman opened the public hearing.
    Otto Trachsel, 3702 Wayside, voiced concern about the City providing services within a specified amount of time upon annexation of a property.
    Mayor Hindman closed the public hearing.
 

B148-02     Authorizing construction of water main serving West Lawn, Plat 1; authorizing payment of differential
                   costs.
    The bill was given second reading by the Clerk.
    Mr. Beck explained the City policy regarding differential costs when it is determined by staff that a main should be larger than what is planned by the developer. This particular line is approximately 2,100 feet with the differential cost being $8,526.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B148-02 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: HUTTON. Bill declared enacted, reading as follows:
 

B149-02     Authorizing voter approved annexation of the "East Area" to the City of Columbia, Missouri.
B163-02     Calling a special election on whether to extend the corporate limits of the City of Columbia to include
                   property located generally east of the current City limits.
    Both bills were given second reading by the Clerk.
    Mayor Hindman noted an amendment sheet affecting the description on B163-02.
    Mr. Coffman made the motion that B163-02 be amended per the amendment sheet. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
    Mayor Hindman explained the annexation law under which the City must operate. He noted that the purpose of the hearings is to present a plan of intent for each area and for the Council to hear public comment on the areas. After the public hearing process this evening, he said the Council may elect to put one or more of the five areas on the ballot. If so, an election will be held Citywide on Tuesday, August 6, 2002. If 50% of the voters in a given area and 50% of the City voters approve the annexation, a suit would be filed in the Circuit Court which would then rule on the legality of the annexation. Should fewer of 50% of the voters in an area vote to approve the annexation, Mayor Hindman indicated the City Council may, but need not, put the issue back on the November ballot. He stated that both City residents and individuals in the affected areas will be able to vote. If two-thirds of the combined voters approve the annexation, an action would be filed in Circuit Court with respect to each area that falls under that situation. Mayor Hindman further explained that after the hearings, the Council could approve one or more of the areas to be placed on the ballot, could reject one or more of the areas, or reduce one or more of the areas -- in which case that particular ordinance would be tabled for one meeting to allow for revised maps, legal descriptions and ballot language to be prepared. Another option is for the Council to table the matter until May 20, 2002, for further discussion at a public work session.
    Mr. Beck believes Columbia will continue to grow whether that growth be inside or outside the City. He said annexation can guide the direction of that growth. It is estimated that the Columbia metro area will have a 2020 population of 132,000. To meet that projected growth, about 4,750 acres will be needed for new residential, 260 acres will be needed for office, 440 acres for commercial, and 170 acres for industrial areas. Mr. Beck said additional acreage would need to be provided for future streets, schools, parks and other public land.
    Mr. Beck reported the areas being proposed for annexation would add a total of 8.7 square miles, increasing the City's area by about 16% and the population less than 5%. He stated the areas are needed for future development of residences, employment and commercial areas without which the City will suffer. Existing City residents would see no impact on current taxes, fees or utility rates as a result. The City's plan of intent shows increased staff levels to handle the additional service needs. He noted that residents of the proposed annexation areas would see a reduction in real and personal property tax rates with no change in assessed values as a result of the annexation. Residents and businesses in the areas proposed for annexation will see slightly higher utility costs as a result of gross receipts tax, but may see a lower rate on their City utilities. The major change in sales tax relates to the purchase and licensing of vehicles and boats.
    Mr. Dudark explained that the City has prepared a plan of intent for each of the five areas. He noted many of his comments would apply to all five areas.
    Mr. Dudark displayed on the overhead the "East Area" proposed for annexation, located east of the current City limits beginning about one-half mile north of New Haven Road, and extending north and east along Route WW and Richland Road, and north of I-70 along Clark Lane and St. Charles Road. The East Area includes about 2.4 square miles and contains several unincorporated county islands. The total perimeter of the East Area is 91,872 lineal feet, of which 44,774 lineal feet is contiguous to the existing City limits -- almost 49% of the total perimeter.
    Mr. Dudark reported that the City intends to provide services to the areas proposed for annexation. In regards to street maintenance, these would be maintained at their current level of improvement. He said county roads and improved local streets will be maintained at City expense. In the East Area these roads include the following: Clark Lane, St. Charles Road, Richland Road, Rustic Road, and New Haven Road. Unimproved local streets will also be maintained by the City to keep them passable. Any overlays or improvements needed would be done through tax billing of property owners at $2 per abutting foot. Unimproved streets could also be reconstructed to City standards which would eliminate any tax billing charge for maintenance.
    Regarding sanitary sewers, Mr. Dudark explained the City has a long-range plan to extend major sanitary sewer lines to the 80-acre point (the point above which no more than 80 acres remains in a specific drainage basin). At this point, developers and property owners complete further extensions of needed lateral sewer lines. A sewer benefit district can be created for several tracts of land whereby the cost of sewer lines serving each tract can be paid by annual tax bills over a 10 year period. Mr. Dudark said all public lines will be maintained by the City. In the East Area, the City is in the process of designing an extension of a major sewer line up the North Fork of Grindstone Creek. This project is scheduled to be completed in 2003.
    Mr. Dudark related the City will maintain open and enclosed storm sewers built to City standards located in dedicated public easements and culverts and ditches within public street right-of-way.
    In regards to solid waste, Mr. Dudark said the City will be prepared to provide refuse service upon annexation. He pointed out that state law allows private haulers to continue to serve existing customers for up to two years. City service includes garbage, recyclables and yard waste.
    With regards to public transit, Mr. Dudark stated that the City will provide curb to curb Paratransit service within three-quarters of a mile of fixed bus routes. A small part of the East Area is affected and service will be provided to the area.
    Mr. Dudark explained that the City has a territorial agreement with Boone Electric Cooperative which defines specific areas served by each entity. All of the East Area is served by Boone Electric and that will not be affected by annexation.
    Mr. Dudark commented that water service is similar in that the City has territorial agreements with various surrounding water districts which define specific areas served by each entity. The vast majority of the East Area is served by Public Water Supply District No. 9 and this will also will not be affected by annexation.
    As for fire protection, Mr. Dudark explained that the City has a territorial agreement with the Boone County Fire Protection District which identifies primary service areas for each entity. Annexation does not affect the primary service provider. Under this agreement the City pays the district for serving annexed areas and the district pays the City for serving areas within the district outside the City. The East Area is mostly served by District Station No. 1, located on St. Charles Road, and District Station No. 12, located on Route WW.
    In regards to police protection, Mr. Dudark noted that the City intends to provide such to the proposed annexation area. One patrol officer, including vehicle and equipment, will be added to serve the East Area.
    Mr. Dudark stated that public health services will be provided to annexation areas and will include junk yard inspection, licensing and application of animal control ordinances.
    Regarding Parks and Recreation, Mr. Dudark stated that the potential exists for two new parks and a recreation trail extension in the East Area. Upon annexation, a planning process would be initiated to locate possible park sites and trail routes, identify potential funding sources, and prepare design plans and development of facilities.
    Mr. Dudark commented the City will provide building permits, construction inspections, rental housing licensing and property maintenance code services to all of the annexed areas.
    Mr. Dudark noted that many of the City services will be provided to the area on the effective date of annexation. These include street maintenance, police protection, storm drainage, paratransit, public health and building permits and inspection. Several other services are already being provided and will continue such as electric, water and fire protection. Following annexation, planning will begin to provide the other services in accordance with statutory requirements and standard engineering practices. Those include solid waste collection, sanitary sewers and parks. Real and personal property will continue to be assessed at the same level as currently assessed throughout Boone County. The City's current property tax rate is 41 cents per $100 of assessed valuation.
    Mr. Dudark displayed the proposed zoning plan for the East Area. For all areas, it was staff's approach to apply the City's zoning district most equivalent to the existing County zone. Within three months after annexation, he said a public hearing will be held by the City's Planning and Zoning Commission and staff will recommend approval of the proposed zoning plan contained in the plan of intent. Upon receiving the Commission's recommendation, the Council will have to approve the zoning plan by ordinance. Mr. Dudark indicated that generally the Council has accepted existing County zoning upon annexation.
    It is proposed that the annexation shall become effective on October 1, 2003; however, Mr. Dudark related that the Court must approve the annexation plan. Therefore, he said the effective date could be later than October 1, 2003, if the Court acts after that date.
    Mr. Loveless, having attended all annexation meetings, noted consistent themes among those folks opposed to annexation. He reported those opposed divided into two groups; some that just did not want to be in the City and those who felt they would lose some privileges which they now enjoy in the County. Some of those privileges include shooting fireworks, the ability to hunt on their property, the ability to burn without seeking a permit, the ability to keep more than four adult animals at any one time, and one couple objected to not being able to park on the grass in front of their house. Mr. Loveless believed that these City regulations make good sense in a densely populated area, but do not make as good sense if applied to a large tract consisting of many acres. At the appropriate time, Mr. Loveless said he would ask staff to explore options available to the Council to possibly amend the ordinances to allow some of these practices in sparsely populated areas, until that area should become so densely populated that the activity is no longer appropriate. He indicated that he was not making promises, but wanted to make it clear the Council would be willing to review what options might be available.
    Mayor Hindman opened the public hearing.
    Harry Williams, 1672 S. Rustic Road, was opposed to annexation because he felt residents would not receive City services for several years because of the area in which he lives. He said it would not be cost effective for the City to provide them with services in exchange for annexation.
    Charles Burks, 3501 New Haven Road #300, spoke in opposition of annexation on behalf of the Woodstock Mobile Home Park. He said the only advantage would be to the City because they would collect more money. Mr. Burks believed annexation would place a hardship on his 350 tenants.
    Dean Bergstrom, 400 S. Richland Lane, also spoke in opposition and was doubtful about the City's ability to bring services to his home. Within two years the City would have to provide the annexed areas with the same level of service which would mean a fully staffed 24-hour a day Fire Department.
    Laura Kabrick, 479 Crater Lake Drive, spoke on behalf of the Lake of the Woods Homeowners Association in opposition. She said that 80% of the people surveyed are against the annexation primarily for the reasons already discussed. She said they saw no compelling reason to be in the City and were very happy where they are.
    David Floatman, 5531 Rocky Mountain Avenue, said many of the residents of Lake of the Woods Subdivision have been made to feel uncomfortable and unhappy by the City. He said there is no public confidence that their voices would be heard once annexed into the City. Mr. Floatman agreed that the subdivision is an island, but said they were because of decisions made by the City of Columbia.
    Jack Tomlin, 578 N. Grace Lane, spoke about the use of land. Mr. Tomlin has close to 100 acres across the road from his house which he has permission to use for training his dogs on the lake. He said people moved to the county years ago so they could have horses and allow domesticated animals to be unconfined.
    Peter Ansbacker, 918 S. Rustic Road, felt that most people agree the City needs to expand in one way or another. He did not feel the tax amounts were a big issue, but thought changing one's lifestyle was. Mr. Ansbacker wondered about the motives of including the 12 homes along Rustic Road, and excluding a large subdivision with over 300 homes just to the east. He noted that a letter had been sent to the City from the Rustic Road residents requesting exclusion from the east annexation area.
    Henry Lane, 1816 E. Broadway, felt the most important thing the Council should be considering is whether or not the City is providing adequate services to the people who already live in Columbia. Mr. Lane was specifically concerned about the street conditions in Columbia and the crime rate.
    Jerry Carrington, 729 Demaret, spoke in opposition. He commented on Council representation.
    James Davenport, 724 S. Rustic Road, believed annexation to be a matter of choice. He said people live in either the City or County by choice. Mr. Davenport did not think there would be any more homes built on Rustic Road for many years.
    John Clark, 403 N. Ninth, spoke as a resident of Columbia and said his comments would apply to each of the five areas. He was skeptical of the benefits of annexation to the current residents of Columbia.
    Otto Trachsel, 3702 Wayside, spoke in opposition and said there are areas that were annexed 30 years ago that have not been developed because too much expense is put on the small landowner.
    James Davenport, 724 S. Rustic Road, reported that from Rustic Road to LeMone Boulevard, an area annexed 30 years ago, still has not received City services except trash collection. He thought it self-evident that the newly annexed areas would also not ever receive services.
    Mayor Hindman closed the public hearing.
    Mr. John asked when the bids would be taken for the Grindstone Sewer project. Mr. Watkins responded it is hoped that the north fork would begin this year. Staff is coordinating the south area with the Sewer District and he had no date as of yet. Mr. John asked if funding is in place for both. Mr. Watkins replied affirmatively. Mr. John inquired as to where the sewer line would cross the Rustic Road area. Mr. Watkins said the line would follow the creek and cross Rustic Road near WW.
    Mr. Janku asked about the requirements regarding fire protection if annexation occurs. Mr. Watkins explained that the territorial agreement allows the City to pay the cost of placing full-time people into the stations owned by the Boone County Fire District. Mr. Janku said a comment had been made that the City would do that as part of the annexation, but he did not think that was reflected in the plan of intent. Mr. Watkins did not believe that was part of the plan of intent until such time the density would warrant it. He said that would be a Council decision.
    Regarding representation, Mr. John remarked that residents living within the proposed annexed areas would still be residents of the County and, as such, would still be voting for their County Commissioner. He pointed out that the Commissioners do not run the sewer district, do not have a vote on the fire district, and do not oversee the Sheriff's Department, except for some budget oversight. In the City of Columbia, Mr. John indicated residents have professional city management that oversees all of those areas. He said the City has territorial agreements for water, electricity and for fire, but each have time limits on them and will run out. Mr. John believed the proposed annexation would be a benefit to county and city residents because both governments will operate more efficiently.
    Mr. Coffman commented that he has been wrestling with the issues along Rustic Road as this area may not see any significant developmental changes for awhile. He believed annexation to be part of orderly growth, and said they all knew of examples in other municipalities where orderly annexation has not occurred and there have been ramifications for it that are not necessarily good. Mr. Coffman did not see this proposal as a land grab and thought the revenues and expenses to be fairly comparable.
    Mr. Janku thought the way to keep the City strong is to ensure that growing suburban areas are incorporated into the City. He felt annexation as a general rule is good for the entire City, particularly the City core.
    Mayor Hindman related that cities are very important -- they are the economic engines because this is where the jobs are, and it is where services can be provided most efficiently. He thought it was fundamentally important to do whatever is necessary to make the City successful. He believed cities having control over urbanizing areas is a good thing. Mayor Hindman said the State of Missouri has been seriously hurt by constraints on our two major cities, St. Louis and Kansas City. He commented that St. Louis is a great city, but it does not live up to its potential and is not the city it should be. The same was true for Kansas City. Mayor Hindman thought in the long-term it is important, not only to the citizens of Columbia, but all people who depend on Columbia, for the City to be allowed to control its own destiny.
    Mr. Beck stated the City of Columbia has the capacity to carry out the plan of intent for the East Area.
    If the Council considers excluding the Rustic Road area, Mr. Janku assumed the issue would have to be tabled for two weeks so the appropriate amendment could be prepared. Mr. Beck agreed that if any of the areas are redefined, new legal descriptions would have to be prepared which would require tabling of the bill.
    In regards to the new Grindstone sewer line, Mr. Janku would like to receive more information on the proximity of the sewer to Rustic Road before considering whether to exclude this area from the annexation proposal.
    If there is some interest in getting more information for the purposes of examination, Mr. Coffman said he would favor tabling this initiative.
    Mr. Coffman made the motion that B149-02 be tabled to May 20, 2002. The motion was seconded by Mr. Janku.
    Mr. Coffman asked Mr. Janku if he was interested in particular information about what might possibly occur with regard to the sewer line. Mr. Janku said he was interested in more information that could alleviate resident's concerns about sewer not being available to them for years.
    The motion to table, made by Mr. Coffman, seconded by Mr. Janku was approved by voice vote.
    Mr. Coffman made the motion that B163-02A be tabled to the May 20, 2002, meeting. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.

 
B150-02     Authorizing voter approved annexation of the "West Area" to the City of Columbia, Missouri.
B164-02     Calling a special election on whether to extend the corporate limits of the City of Columbia to include
                   property located generally west of the current City limits.
    Both bill were given second reading by the Clerk.
    Mr. Beck noted that he has reviewed the plan of intent for the West Area and believes the City has the capacity to carry out that plan.
    Mr. Dudark displayed the "West Area" on the overhead. He explained that it begins at the westernmost City limit, just north of I-70 and follows the Interstate right-of-way line west to Schotte Lane, then extends northwest about one mile on both sides of Highway 40 about one-quarter mile, and extends south of the Midway Interchange on I-70 about one mile then east to the city limits. The West Area includes 1.9 square miles and a total perimeter of 48,101 lineal feet, of which 13,306 lineal feet is contiguous to the existing City limits for 28% of the common boundary.
    As stated earlier, Mr. Dudark said the City intends to provide several major municipal services to the areas proposed for annexation. At this point he directed his comments to the West Area. Mr. Dudark said County roads to be maintained by the City include West Broadway, Sugar Creek Drive, and Van Horn Tavern Road. Regarding sanitary sewers, Mr. Dudark noted that presently there are no sewer projects in the active planning stage, however, annexation could facilitate the extension of a sewer project to the Midway Interchange area. Electric service east of Perche Creek is in the City's electric service territory, and the area west of Perche Creek is in Boone Electric's service territory. In reference to water service, Mr. Dudark pointed out that the area west of Perche Creek is served by Consolidated Public Water Supply District No. 1, and the area east of Perche Creek is served by the City. Fire protection in this area is mostly served by Boone County Fire Protection District Station No. 9 located on Henderson Road. Police protection will include one patrol officer, vehicle and equipment for service the West Area. Mr. Dudark noted the potential for one special purpose park and an extension of the recreation trail system along Perche Creek.
    Mr. Dudark displayed the zoning plan on the overhead and explained that the plan of intent includes application of equivalent, comparable zoning in the County for the City zoning district.
    The level of assessment and tax rate, schedule for provision of City services, and effective date of annexation is the same for all areas.
    Mayor Hindman opened the public hearing.
    Bob Clark, 2255 Earthland Road, asked the City to postpone their efforts toward annexing the Fayette exit area. He said the State Department of Transportation has announced their intent to rebuild I-70. If a bypass is constructed, he believed it would change the commercial potential for the Midway exit. If the Interstate goes through the City, he said the median would be much wider than it is presently and all of the exits would change radically -- which could affect the placement of new sewer, water and electric lines.
    Bob Bechtold, 512 W. Rockcreek, explained that he and his wife own 260 acres north of the Midway Interchange. After the voluntary annexation at Lake of the Woods, he began communicating with the City about doing the same thing at Midway. He said they have been talking since February of 2001 about voluntary annexation. After studying the costs and fees involved, Mr. Bechtold said he had decided it would not be financially feasible for him to do right now. With the two percent increase in taxes, he said they would be paying between $140,000 and $180,000 in taxes and fees over and above what he now pays. Mr. Bechtold indicated he could absorb that cost, but the gross receipts tax and the bed tax would be an additional six percent increase. He said the bed tax would amount to about $36,000 per year. If this property is annexed into the City, he said the only thing they would get would be sewer because they already have everything else. In addition, Mr. Bechtold noted that the territorial agreement with Water District No. 1 is a real problem because they are a large water user using about 10 million gallons a year. He said they pay $25,000 more to Water District 1 than they would pay to the City. Another problem he mentioned was zoning. He wanted some kind of guarantee they would not lose their zoning. Mr. Bechtold stated that he and his wife are not opposed to annexation, but want to work out a win-win situation.
    Mike Trial, 301 N. Highway UU, explained that he operates a tree farm along the Highway. He was concerned about the restrictions City ordinances would put on the management practices they use. He was particularly concerned about the fire arms issue because of the large deer population. Without the ability to hunt, he said the problem would only get worse. Mr. Trial was also concerned about infrastructure issues. He was worried about how much input residents could give to how the road system is developed in the area. Mr. Trial was not sure if annexation would help him or hurt him.
    Frank Gendra, 4514 W. Broadway, passed out an aerial map and asked that it also be displayed on the overhead. He spoke about the possible future plans for redesigning Broadway and how that would impact his property.
    Patrick Daugherty, 5821 W. Van Horn Tavern Road, said he was in favor of annexation although he understood the reluctance of his neighbors and his wife. Several years ago he invested many thousands of dollars in a sewer system. He understood that maybe annexation would hasten the day when this system could be eliminated. Mr. Daugherty said it was a safety worry and a terrible eyesore.
    Rob Chester, 90150 Rt. E, indicated that he did not live in any of the proposed annexation areas, but thought the City should take care of the problems within the existing boundaries first and not be concerned with the County.
    Jim Beckett, 5830 Van Horn Tavern Road, spoke in opposition and noted that 60% of his road is maintained by the State Highway Department and the other 40% is privately owned. He has never seen the City do a thing to it. The only advantage Mr. Beckett could see would be for sewer services, which he may get in his lifetime. He commented that most of the land in this area is undeveloped and very few people would actually be eligible to vote on this particular proposal. He noted the north side of I-70 was completely left out of the proposal. Mr. Beckett said he was not in favor of a trail. He has a creek and a stream going through his back yard and he did not want a trail coming up the creek through his backyard.
    Levita Anderson, 2517 Shepard Boulevard, stated she owns a farm lying along Perche Creek. She asked about the plans for the trail and the park. Mr. Dudark explained that the City Parks and Recreation Department has a long range plan for a trail that encircles the City with Perche Creek being the west portion of it. He said there are no specific plans for a trail, but it would follow along the Creek. Mr. Janku pointed out there has been no decision as to which side of the Creek the trail would be on.
    Don Fritz, 508 Defoe Drive, owner of J. Louis Crum Corporation, explained that his family lives on Strawn School Road which has been in the City for a long time but does not have proper fire protection. He reported the land he owns in the proposed annexation area calls for an MR zone, which would not fit the current use of the property. Mr. Fritz asked what could be done to ensure his investment would not be affected. He noted the County designated zoning district is Planned Light Industrial. Mr. John remarked that before the election, the Planning staff would need to review the zoning issues and clarify them. He said it has always been believed by the County staff that MC and MR are very close to ML. Going down through the uses, he said there are apparently a lot of uses that Protective Inspection would consider do not fall under the uses that perhaps the Planning staff believes. Mr. John indicated he would bring this issue up at the end of the public hearing.
    Mr. Fritz also voiced concern about the sewer. Mr. Beck explained the 80-acre point policy. Mr. Fritz said he would like to have some choice as to where the line is run.
    Mayor Hindman closed the public hearing.
    There was some discussion about how the Council could fine-tune the zoning proposal so that it more accurately reflects the uses that the landowners now have in the County.
    Mr. Dudark explained part of the problem to be that there is not an exact equivalency between some of the districts. He noted that existing County MLP is a planned industrial district, wherein MR is the City's planned industrial district. He said the Council could add more permitted uses to a district that would allow some of those non-conforming uses. Mr. Stoltz said the actual zoning would go through the normal zoning process. The plan of intent requires the City to give notice to the people that are subject to an annexation what our general intent is - what zoning we think should be applied in general.
    Mr. John believed the zoning classifications need to be reviewed not only with the Planning Department, but with Protective Inspection as well because the two divisions have different points of view as to what is allowed in some uses and what is not. He thought perhaps both the MR and MC zones should be amended to allow more uses.
    Mr. Janku made the motion that B150-02 and B164-02, be tabled to the May 20, 2002, meeting and further asked for a staff report on the properties mentioned here and the properties they received communications about. The motion was seconded by Mr. John.
    Mr. John made the motion that B164-02 be amended per the amendment sheet. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    The motion to table both bills, made by Mr. Janku, seconded by Mr. John, was approved unanimously by voice vote.
 

B151-02     Authorizing voter approved annexation of the "North Area" to the City of Columbia, Missouri.
B165-02     Calling a special election on whether to extend the corporate limits of the City of Columbia to include
                   property located generally north of the current City limits.
    Both bills were given second reading by the Clerk.
    Mr. Beck stated that the City has the capacity to carry out the plan of intent for the North Area.
    Mr. Dudark described the North Area as beginning along Highway 63 about 500 feet north of Brown Station Road, and following the east right-of-way of Highway 63 northwest to a point about 1,000 feet northwest of Wagon Trail Road, and then west about two-thirds of a mile, and then south back to the City limits. The West Area includes 1.6 square miles and several unincorporated County islands. The total perimeter of the North Area is 72,125 lineal feet of which 37,066 feet is contiguous to the existing City limits, about 51%.
    Mr. Dudark explained what the service extension plans include. The roads to be maintained in the North Area by the City include Brown School Road, Prathersville Road, Roger I. Wilson Memorial Drive, and Wagon Trail Road. Regarding sewers, Mr. Dudark said the City has recently extended the Cow Branch Interceptor into the north area and has plans to extend an outfall to the Juvenile Justice Center pump station. He stated Boone Electric Cooperative provides electric service. Mr. Dudark reported that water service is provided by the City. Fire Protection is provided by Boone County Fire Protection District Station No. 5 located on Prathersville Road. Under Police protection, he noted that two additional patrol officers will be added to provide service to the North Area. He stated the potential exists for two new neighborhood parks and the extension of a recreational trail up Cow Branch.
    Mr. Dudark displayed the zoning plan on the overhead. He reiterated the intent to select the City zone that most closely matches existing County zoning. He pointed out that the zoning plan has been corrected in an area that was shown as MR and also R-3. Other than that, Mr. Dudark said the plan of intent map is the same as was published.
    Mr. Dudark reported the level of assessment and tax rate, schedule for provision of City services, and effective date of annexation is the same for all areas.
    Mayor Hindman opened the public hearing.
    Fay Pugh, 907 Nance Drive, spoke in opposition of annexation of the North Area. She asked about maintenance of her street which is a private drive. Mr. Beck indicated the drive would have to be dedicated for public use before the County or the City would maintain it. Ms. Pugh asked that Nance Road north be omitted from the annexation plans.
    Don Stamper, Presiding Commissioner of Boone County, 1304 Sedona Villas Drive, spoke on behalf of the Commission. He said there are citizens who are vehemently opposed to being annexed and citizens who are giving active consideration to it. Mr. Stamper thanked the City staff for their helpfulness in keeping the County informed of the process. He stated the Commission has tried to be supportive of annexation and have encouraged the cities in Boone County to be aggressive about their future and to look ten, fifteen and twenty years into the future as they plan their communities.
    Mr. Stamper spoke of the Commission's concerns in that the proposal leaves pockets of established subdivisions that are not included in the sequence. He reported the Commission has advised citizens of seven points. Mr. Stamper indicated the County would continue to request that the City staff develop an overlay that reflects the voluntary annexations to date and any pending acres of annexation that are tied to pre-annexation agreements. The second was that property owners should know in advance if their streets are improved or are designated as unimproved. He asked if property owners would be tax billed for street maintenance, and if so, what estimate would be placed on an annual basis and how would it relate to any potential reduction in their taxes. Mr. Stamper thought the City should outline how snow removal will be handled. He asked if personal on-site sewer systems will be accepted. He suggested the City outline what increases, if any, there would be in tax rates. Mr. Stamper understood once a property is annexed, the fire rate will decrease, but asked about the affect of gross receipts tax and a variety of other taxes initiated by the City. He thought the City should clarify what ordinances will come into effect once a property is annexed. Mr. Stamper disagreed with Mr. John's earlier statement in that the Commission is directly responsible for the Sewer District. He reported that the District serves at the pleasure of the Commission, and the County provides their bonding and funding authority. He believed this annexation proposal does have the potential to jeopardize the sewer district. Mr. Stamper indicated it is the only utility with which there has been no utility territorial agreement worked out. The Commission thought consideration should be given to that and that it should be done prior to the vote.
    In summary, Mr. Stamper commented this annexation proposal does not foster joint planning between the City and County. He remarked that it only moves the line of demarcation.
    Paul Land, 2005 Robin Terrace, thought it would be prudent for the City to publish, in all five areas, the streets that will be     brought in and whether they are improved or unimproved. He wondered if Boone Industrial Drive and Interstate Drive, both in Boone Industrial Park, are considered improved or unimproved. Mr. Land passed out copies of a letter he submitted to the Planning Director today. He read the letter signed by the owners of land and businesses located in Boone Industrial Park which stated concerns about the zoning districts assigned to the North Area. In summary, the letter stated that all of the property in the park is presently zoned ML (Light Industrial) under County zoning. The City's Plan of Intent for this area indicates MC (Controlled Industrial). Mr. Land stated that justification for zoning the properties MC is based on the City's conclusion that MC zoning under the City zoning ordinance is most comparable to the ML designation in the County. The owners of property in this area strongly disagree with that conclusion. They believe M-1 to be the most compatible with their properties and their current uses. Mr. Land listed the uses their properties historically include. He said the area has always been devoted to intense industrial uses. Mr. Land noted that in all five plans of intent there is not a single parcel designated for M-1 zoning, which seems to demonstrate an intention to down zone the properties in the path of the proposed annexations. If annexed, they want their properties placed in M-1 zoning.
    Mayor Hindman asked Mr. Land if he was aware of what the Council has asked staff to do with respect to the zoning plans. Mr. Land said he was and hoped the North Area would be included in this process.
    Otto Trachsel, 3702 Wayside, explained that he owns property at 2660 Stark Lane, between Oakland Gravel and the Fair Grounds. He said the map shows one-quarter of it outside the City limits and three-fourths of it inside the City limits. He thought the suggested zoning designation should be C-2 or C-3, not R-1. Mr. Trachsel commented he believed the proper use of the tract would be for a convenience store and/or restaurant. He inquired as to whether Starke Road was considered improved or unimproved. Mr. Beck thought the road was considered to be an unimproved road, but one the City maintains without cost to the property owner, at least until such time it is brought up for consideration to be curbed and guttered. He said if it was paved with curb and gutter, there would be a cost to the property owner which would be the curb and gutter cost only and would be based on previous bids received by the City.
    Donald Jacobs, 58 N. Highway VV, wondered if his property was annexed, how long it would be before he would lose his hunting privileges and when he would have to get rid of his animals. Mayor Hindman told him that discharging fire arms is not allowed in the City, but said they were going to look into the possibility of changes to the ordinances. He said the City staff would be reporting back on the issue. Mr. John said the annexations would become effective October 1, 2003, or until the Court rules. Mr. Jacobs asked when he would have a sewer. Mr. Dudark reiterated the City's policy about extending sewers to the 80-acre point. Mr. John indicated the City would be required to have sewers to that point within the three years. Mr. Beck corrected that statement by saying the sewer would be in some phase of getting done within that time limit. Mr. John asked Mr. Jacobs about the size of his tract. Mr. Jacobs replied that he has three acres with close to 500 chickens, turkeys, ducks, and geese on the property. Mr. John asked if he hunts on his property. Mr. Jacob said he and his family hunt deer and turkey that come into his yard.
    Jim Shaw, 6303 N. Highway VV, explained that he lives and farms about one-half mile west of Prathersville. He said the North Area proposal would include almost 15 acres of his farm. He is confused about what a farmer's relationship would be with the City and how he would continue to raise livestock within the City limits. Mr. Shaw thought it was hypocritical of the City to pass by a densely populated subdivision which dumps their sewage and street runoff across his farm. He felt there should be a higher priority placed on that property rather than on farmland. Mr. Shaw indicated he currently receives water from the City, and if it is an example of the kind of services he could expect from the City, he would like to opt out. He explained that approximately one-quarter mile of water line runs on his property and added that there have been a lot of water leaks. Mr. Shaw stated the City has yet to find the newest leak.
    Robert E. Daly, 2009 Brown Station, owner of 10 acres at the tail end of the northeast corner of the proposed area. He stated this property is used for a Christmas tree farm. He is opposed to being annexed for several reasons. Mr. Daly was concerned about not being able to burn, which is something he has to do at times to save trees from beetle infestation. He was also concerned about fire arms because he needs to be able to keep the deer under control. Mr. Daly explained that the woods behind his farm is used for target practice which keeps the deer scared away. He also has friends that hunt in the northwest corner where he has a deer stand. Outside of about two acres, Mr. Daly commented that a sewer would not benefit him. He asked that his property be removed from the North Area.
    Mayor Hindman closed the public hearing.
    Because of the same zoning issues that were discussed earlier, Mr. Janku believed the North Area annexation proposal should also be tabled.
    Mr. John made the motion that B165-02 be amended per the amendment sheet. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. Janku made the motion that B151-02 and B165-02, as amended, be tabled to the May 20, 2002, meeting. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

B152-02     Authorizing voter approved annexation of the "Northeast Area" to the City of Columbia, Missouri.
B166-02     Calling a special election on whether to extend the corporate limits of the City of Columbia to include
                   property located generally northeast of the current City limits.
    Both bills were given second reading by the Clerk.
    Mr. Beck stated that the City has the capacity to carry out the plan of intent for the Northeast Area.
    Mr. Dudark explained the Northeast Area begins about 500 feet north of Brown Station Road, extending along the west right-of-way line of Highway 63 northwest to a point about 1,000 feet northwest of Wagon Trail Road, then south along the east right-of-way line of Highway 63 to Prathersville Road, then east and northeast to the City limits. The area includes 0.9 square mile with the perimeter being 45,619 lineal feet with a contiguous portion being 15,048 feet for a total percentage of 33.
    Mr. Dudark said the City service extension policies and plans apply to the Northeast Area that were originally stated with regard to street maintenance, sewer line extensions and existing agreements between the City, the Electric Cooperative, and the Water and Fire Protection Districts. Roads that will be maintained by the City include Prathersville Road, Oakland Gravel Road and Starke Avenue. The City provides sewer service to the Boone County Fairgrounds and a nearby RV Park. The west part of the area is served by Boone Electric and the east part is served by the City. All of the Northeast Area, except the westernmost part, is served by Water Supply District No. 4.
    The majority of the Northeast Area is serve by Boone County Fire Protection District Station No. 5 located on Prathersville Road. City Police protection will be provided to the Northeast Area using available resources. Mr. Dudark indicated the potential exists for the extension of a recreational trail along Bear Creek.
    Mr. Dudark displayed the zoning plan for the Northeast Area on the overhead. Again, he reiterated the intent to select the City zone that most closely matches existing County zoning.
    Mr. Dudark reported the level of assessment and tax rate will be assessed at the same rate throughout Boone County. The schedule for provision of services and the effective date of annexation is the same for all areas.
    Mayor Hindman opened the public hearing.
    Ron Fager, 6120 Oakland Road, was not opposed or in favor of the annexation. Mr. Fager has 75 acres fronting on Oakland Gravel Road bordering the northern part of the Boone County Fair Grounds on the east side. When he bought his property, Mr. Fager said he was six miles outside of town. He pointed out that the plan splits his property down the middle. Mr. Dudark explained that the tracts were shown as separate tax parcels so there may be another deed on the other side. Mr. Fager suggested that someone look at the property to see if there is any logic to it being split. Mayor Hindman explained that the Council could not add the western portion of the tract now because state law prohibits such at this stage in the procedure. Mr. Fager related that there was no reason for him to be in favor of the annexation in that case. Mr. Janku asked if he would prefer to have all of his property annexed. Mr. Fager said he would prefer for the entire parcel to be either in or out, not both. Mr. Janku explained that there are ways to voluntarily annex property. Mr. Dudark said the property would be contiguous to the City if his other holdings were annexed by this action, and then Mr. Fager could voluntarily request annexation of the remaining property.
    Otto Trachsel, 3702 Wayside, explained that he owns property at 2660 Starke Lane, between Oakland Gravel Road and the Fair Grounds. He said the map shows one-quarter of it outside the City limits and three-fourths of it inside the City limits. He thought the suggested zoning designation should be C-2 or C-3, not R-1. Mr. Trachsel commented he believed the proper use of the tract would be for a convenience store and/or restaurant.
    Mayor Hindman closed the public hearing.
    Mayor Hindman asked if there was any way for a person to voluntarily annex their property into one of these areas. Mr. Stoltz said not by adding it to this particular action. He said it would be a relatively simple matter to add it if the property becomes contiguous. Mayor Hindman said that would be in 2003. Mr. John said everything could be prepared so it would be ready to go as soon as it became contiguous. Mr. John also said the person could enter into a voluntary annexation agreement like we have with some people in order to get service. If the annexation passes, it would be in. Mr. Stoltz indicated that would work.
    Mr. Janku made the motion that B166-02 be amended per the amendment sheet. The motion was seconded by Mr. John and approved unanimously by voice vote.
    There was a discussion about Mr. Trachsel's request for some type of commercial zoning. Mr. Janku asked if the plan should be tabled. Mr. Loveless noted Mr. Trachsel's property is presently zoned residential in the County. Mr. Janku said the plan would not change the zone, it would only show the City's intent.
    Mr. Loveless disagreed and said there is a process already set up for changes in zoning which is the right way to go about it. He thought it would be inappropriate to change the zone on the plan of intent at this point.
    Mr. John said he did not want to give anybody the belief that suggested zonings in the plans of intent are locked in concrete. He did not think each parcel has been looked at, that is why zoning is applied after annexation.
    Mr. Loveless thought the reason staff is being directed to re-examine the zoning designation on other tracts is because what is listed is not as close to the existing County zoning in regards to allowed uses. Whereas in this case, we do have that -- it is zoned County residential and the proposal on the plan of intent is also residential. Mr. Loveless did not see the analogy in this case, but would accept it.
    Mr. John said the City may be accepting zoning that is not appropriate. Mayor Hindman said it would still be October of 2003 before the property can be annexed into the City. He commented that if Mr. Trachsel is actively pursuing the zoning, he would have to go to the County because the City does not have the legal authority to give it to him. Mayor Hindman noted that if the property is annexed, the City zoning hearings would be held after October of next year.
    The Council decided not to table this issue.
    B152-02 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: HUTTON. Bill declared enacted, reading as follows:
    B166-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: HUTTON. Bill declared enacted, reading as follows:
 

B153-02     Authorizing voter approved annexation of the "South Area" to the City of Columbia, Missouri.
B167-02     Calling a special election on whether to extend the corporate limits of the City of Columbia to include
                   property located generally south of the current City limits.
    Both bills were read by the Clerk.
    Mr. Dudark described the South Area as beginning along the west right-of-way line of Providence Road continuing south to Old Plank Road, then east along Highway 163 and continuing east along a line 200 feet south of Gans Road as it turns northeast to the west right-of-way line of Highway 63, then south along the west right-of-way line of Highway 63 and Ponderosa Street about 1,500 feet, then east across Highway 63 and north about 1,200 feet, and then west to the east right-of-way line of Highway 63, then northwest back to the City limits and including the private streets of Lenoir Street. The South Area totals about 1.9 square miles with a total perimeter of 52,325 lineal feet of which 30,360 lineal feet is contiguous to the existing City limits, or approximately 58%.
    Mr. Dudark explained that City service policies currently apply to this area with regards to street maintenance, sanitary sewer extensions, agreements between the City's Water Department and Water Districts, agreements between the City's electric service with Boone Electric Cooperative, and fire protection agreements with the Boone County Regional Fire Protection District. The roads to be maintained by the City include Bearfield Road, Rock Quarry Road, Gans Road and Ponderosa Street. The City currently provides sewer service to a large portion of the area. In regards to water service, Mr. Dudark stated all of the South Area, except the part south of Gans Road, is served by the City. The area north of Gans Road and east of Bearfield Road is served by the City. The remaining area is served by Consolidated Public Water Supply District No. 1. The majority of the South Area is served by City Fire Station No. 8 located at Nifong and Bearfield. One patrol officer, vehicle and equipment will be added to serve the South Area for police protection. He indicated the potential exists for one new regional park.
    Mr. Dudark displayed the zoning plan for the South Area on the overhead. Again, staff took existing County zoning and selected the most comparable, equivalent City zone.
    Mr. Dudark reported the level of property assessment and tax rate are the same in the South Area as throughout the City and the rest of the County. The tax rate in the City is $.41 per $100 of assessed value. The schedule for the provision of City services and the effective date of annexation is the same for all areas.
    Mr. Beck stated that the City has the capacity to carry out the plan of intent for the South Area.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Janku made the motion that B167-02 be amended per the amendment sheet. The motion was seconded by Mr. John and approved unanimously by voice vote.
    B153-02 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: HUTTON. Bill declared enacted, reading as follows:
    B167-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: HUTTON. Bill declared enacted, reading as follows:
 

OLD BUSINESS
B137-02     Authorizing an agreement with the Missouri Department of Natural Resources for a storm water
                   grant; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this project would provide digital topographic and planametric mapping for the Columbia Metro Planning Area. He said it would be a joint project with the County Assessor. This will authorize the acceptance of a grant in the amount of $242,266 from DNR. The local share will be paid out of the storm water utility. Mr. Beck reported that it is staff's intention to sell the maps to recover some of the cost of the project.
    Mr. Patterson pointed out that the maps would tie into all of the City's other utility maps as well.
    Mr. John commented that if the cost of the maps were lowered, more might be sold. Mr. Beck noted that it is a costly project. Mr. John agreed, but noted that economics dictate the City could make more money if the price is lowered. Mayor Hindman suggested checking to see what other cities have done with respect to pricing.
    B137-02 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: HUTTON. Bill declared enacted, reading as follows:
 

B138-02     Authorizing a grant agreement with Mid-Missouri Solid Waste Management District for the purchase
                   of a horizontal recycling baler; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the baler will be used at the recycling area being constructed at the landfill. He said the equipment will be capable of producing high density, marketable bales of old corrugated cardboard, newsprint, plastic and aluminum. The City would be putting up a $70,000 match toward the purchase.
    Otto Trachsel, 3702 Wayside, asked if the City would receive any income from the bales. Mr. Beck spoke of the plans to sell the materials.
    B138-02 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: HUTTON. Bill declared enacted, reading as follows:
 

B140-02     Amending Chapter 12A of the Code relating to land disturbance permit requirements.
    The bill was given second reading by the Clerk.
    Mr. Patterson explained the revisions being proposed are necessary to meet the EPA Phase II requirements relating to land disturbance permits for any disturbed area containing one or more acres. He did not think this will have a great impact on the City since Public Works is primarily regulating all of the properties through site development plans and erosion control requirements.
    Mr. Janku asked how soon the other issues undergoing discussion would be coming down. Mr. Patterson said it could be as soon as the next meeting. He indicated staff is working on an ordinance pertaining to low floor elevation certifications. He said it will be separated from the hydraulic considerations they have been requiring for additional information.
    B140-02 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: HUTTON. Bill declared enacted, reading as follows:
 

B142-02     Calling for bids for construction of a pedestrian bridge over I-70 along the east side of providence Road.
    The bill was given second reading by the Clerk.
    Mr. Patterson noted that this is the enhancement project on which the hearings have already been held.
    B142-02 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: HUTTON. Bill declared enacted, reading as follows:
 

B146-02     Authorizing the City to collect the airline "Passenger Facility Charge" from passengers embarking
                   from Columbia Regional Airport.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that previously the Council asked staff to check into this facility charge. He said it requires FAA approval and staff believes it could possibly raise about $100,000 per year. The charge assessed will be $4.50 per passenger. Mr. Beck indicated the funds could be used as a match to other federal programs. Both the staff and Airport Advisory Board recommend approval. Mr. Beck noted this charge can be made at other airports, and if Columbia does not do it, the City will lose out on potential revenue passengers would be paying for anyway.
    Mr. John asked about the comments received from Trans States Airlines. Mr. Patterson responded that letter should have been included in the Council's packet. He will ensure this information is sent to the Council. He noted there were no comments received in opposition to the proposal.
    B146-02 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: HUTTON. Bill declared enacted, reading as follows:
 

B155-02     Approving the final plat of Valley View South, Plat 2; granting variances from the Subdivision
                   Regulations relating to street design standards.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained that this property has previously been before the Council with regards to the preliminary plat. At that time, some variances were granted with regards to street widths, specifically the request was for a residential street width instead of a collector street width. This request was approved for the north portion of Barnwood Drive and all of Abbeywood Drive. He noted this plat would create 36 lots. Mr. Dudark reported the applicant is asking for additional variances which were not included when the street width variances were requested. These variances relate to street grade, minimum curve radius, and a 200 foot tangent section in the corner truncations which meet residential street standards. The Planning and Zoning Commission recommends approval of the plat with all of the variances.
    B155-02 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: HUTTON. Bill declared enacted, reading as follows:
 

B156-02     Approving the final plat of Vanderveen Crossing, Plat 8.
    The bill was given second reading by the Clerk.
    Mr. Dudark displayed the 42.5 acre plat on the overhead. He pointed out that it shows 120 R-1, single family zoned lots. He noted a four-way type intersection and spoke of staff's concerns that it could become a problem for the residents that live in the area, with an eventual request for the installation of a four-way stop. At the time of the preliminary plat review, Mr. Dudark indicated there had not been a notation or condition of approval placed on the plat that would require any other type of traffic calming device such as a roundabout. He reported there is no requirement in the subdivision regulations for such, but the intersection is being pointed out as a likely request for a four-way stop sign which, in staff's opinion, is not a particularly effective traffic calming technique.
    Mr. Janku asked if there would be a way to accomplish a roundabout if the Council decided to proceed with this type of design. Mr. Dudark thought the way to do it would be to amend the subdivision regulations to deal with it. He said even a condition on the preliminary plat approval is not necessarily going to be enough legal standing to get it done. Mr. Janku asked if the roundabout is incorporated at the public's expense, thinking down the road for such a request, whether it would be cheaper to do it now rather than waiting five years when the subdivision is built up. Mr. Patterson reported it would be less expensive to build it now with the initial street construction. Otherwise, pavement would have to be torn out and the corner truncations would have to be replaced. Mr. Janku asked if this possibility could be explored with the developer. Mr. Patterson responded staff could, but they would have problems pushing for the developer to be totally responsible at this point when it should have been a condition of the preliminary plat approval. He said staff could meet with the developer and see what the potential might be and then report back.
    B156-02 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: HUTTON. Bill declared enacted, reading as follows:
 

B160-02     Accepting grants from the City of Columbia New Century Fund for the Community Recreation Center;
                   appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. John thanked the two business, Commerce Bank with the Kemper Fund and Verizon, for donating $75,000 toward the Recreation Center. The Council concurred.
    B160-02 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: HUTTON. Bill declared enacted, reading as follows:
 

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

B139-02     Authorizing a right of use permit with Gus and Cindy Moosmann to allow work within a portion of
                   Barnwood Drive right-of-way.
B141-02     Amending Chapter 14 of the Code to change the speed limit in signed school speed limit zones with
                   flashing yellow lights.
B143-02     Calling for bids for the construction of sidewalks in Park de Ville Subdivision.
B144-02     Confirming the contract of N-J Wilson Contracting, Inc. for construction of the Bicknell-Walnut Storm
                   Drainage Project.
B145-02     Accepting easements and deeds for public works purposes.
B147-02     Accepting easements for water and electric purposes.
B154-02     Approving the final plat of Auburn Hills, Plat 1.
B157-02     Changing the position of the minority health grant funded Administrative Support Assistant I from a
                   one-half time position to a full-time position; transferring funds.
B158-02     Authorizing an agreement with The Curators of the University of Missouri and Boone Hospital Center
                   to share and transfer equipment used in response to weapons of mass destruction incidents.
B159-02     Accepting a grant from Boone Electric Community Trust for the Community Study Circles Program;
                   appropriating funds.
B161-02     Authorizing an agreement with the Missouri State Safety Center for the Missouri Police Chiefs
                   Association Step Grant; appropriating funds.
B162-02     Authorizing an amendment to the agreement with Sustainable Farms & Communities, Inc.
R87-02       Setting a public hearing: voluntary annexation of property located on the north side of Gillespie Bridge
                   Road, west of the city limits.
R88-02       Setting a public hearing: voluntary annexation of property located on the east side of Sinclair Road,
                   north of State Route K.
R89-02       Setting a public hearing: improvements to the L.A. Nickell Golf Cart Compound.
R90-02       Setting a public hearing: installation of a bulb-out on Paquin Street at Matthews Street.
R91-02       Authorizing supplements to the agreement with the Federal Aviation Administration for leasing space
                   at Columbia Regional Airport.
R92-02       Authorizing an agreement with the Missouri Department of Health and Senior Services for public
                   health services.
R93-02       Authorizing an agreement with the Missouri Department of Health and Senior Services for the Summer
                   Food Service Program Inspections.
R94-02       Authorizing an agreement with the Missouri Department of Health and Senior Services for the Sexually
                   Transmitted Disease Clinical Services Program.
R95-02       Authorizing an amendment to the agreement with the Missouri Department of Health for the WIC
                   Program.
R96-02       Authorizing agreements with the Missouri Department of Corrections to provide tuberculosis screening
                   and Hepatitis B and influenza vaccines.
R97-02       Authorizing an agreement with Buck Consultants to perform annual review and cost projections for the
                   City's medical and dental plans.
R98-02       Authorizing application for an Emergency Shelter Grant from the Missouri Department of Social
                   Services.
 
    The bills were given third reading and the resolutions were read with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: HUTTON. Bills declared enacted and resolutions declared adopted, reading as follows:
 

NEW BUSINESS
R99-02     Authorizing demolition of a dilapidated structure located at 2309 Tremaine Drive; levying a special tax
                 bill.
    The resolution was read by the Clerk.
    Mr. Beck noted that the City has received numerous complaints on this structure and the Public Works Department made inspections and sent out notices. Corrections were not made and a hearing was held in accordance with our ordinances and a notice was sent again. Mr. Beck reported corrections have still not been made, so before the Council is the bid call to remove the structure with the cost being tax billed to the property owner.
    The vote on R99-02 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: HUTTON. Resolution declared adopted, reading as follows:
 

R100-02     Authorizing demolition of a dilapidated structure located at 207 Lynn Street; levying a special tax bill.
    The resolution was read by the Clerk.
    Mr. Beck explained that the same procedures were followed on this property as were described in the previous resolution.
    The vote on R100-02 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: HUTTON. Resolution declared adopted, reading as follows:
 

R101-02     Approving the elevation plan of the proposed structure to be constructed on Lot 102A of Village
                   Square, Plat 1.
    The resolution was read by the Clerk.
    Mr. Beck explained that each time an elevation plan comes forward with this particular plat, Council approval is needed.
    John Simon, an architect with offices at 13 S. Sixth Street, explained that he is responsible for the development of the exteriors of this particular building. He offered to answer any questions.
    Mayor Hindman commented that it looked quite nice.
    The vote on R101-02 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: HUTTON. Resolution declared adopted, reading as follows:
 

R102-02     Approving the preliminary plat of Oakland Springs Subdivision; granting a variance to the Subdivision
                   Regulations regarding cul-de-sacs.
    The resolution was read by the Clerk.
    Mr. Beck noted that this approximate 19 acre plat would create 51 R-1 lots on the east side of Oakland Gravel Road, south of Spruce. He said there had been a difference of opinion between the Public Works staff and the Planning and Zoning Commission as it relates to Flora Drive being a dead end street with this number of lots on it. Mr. Beck thought there were probably some Fire Department concerns also. The Commission recommended approval of the variance after consideration of the report.
    Mr. Loveless asked Mr. Dudark how he would propose bringing Flora Drive into Oak Meadows. Mr. Dudark replied that was part of the problem, it comes in at an angle and is only 30 feet wide. He said it would have to be turned and worked into the street system someway. Mr. Dudark noted there are not any connections in the area of Oakland Gravel to Brown Station. He stated that it did not seem to be real practical in this case. Mr. Loveless recalled there being another street that it might be tied into. Mr. Dudark responded that would be Olive Street, and it does the same thing and is also already developed.
    Jim Patchett, the surveyor who worked on the plat, explained that at the concept review the Fire Department had no problem with the layout of the plat. He pointed out that residents on Flora Drive receive City services, and have for some forty years when it was platted in 1959. He thought the main problem in developing Flora Drive as a thru street is the location of the ditch at the property line.
    The vote on R102-02 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: HUTTON. Resolution declared adopted, reading as follows:
 

R103-02     Authorizing HOME agreements with Boone County Group Homes and Family Support and Central
                   Missouri Habitat for Humanity.
    The resolution was read by the Clerk.
    Mr. Beck noted that this would provide $64,787 to Boone County Group Homes to renovate a nine unit structure at 260 Apple Tree Court. All units will be occupied by low-income developmentally disabled persons. He indicated the Missouri Housing Development Commission is also providing $70,000 towards the purchase and renovation of the property. Mr. Beck explained the $45,000 for Habitat for Humanity will be used to assist three low-income individuals to build homes on Lynn Street and Fourth Avenue.
    The vote on R103-02 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. ABSENT: HUTTON. Resolution declared adopted, reading as follows:
 

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

B168-02     Voluntary annexation of property located on the south side of State Route K, approximately 400 feet
                   east of the intersection of State Route K and Old Village Road.
B169-02     Establishing permanent A-1 zoning on property located on the west side of Old Village Rd.,
                   approximately 900 feet north of State Rt. K.
B170-02     Establishing permanent R-1 zoning on property located on the northeast and northwest corners of the
                   intersection of West Old Plank Road and Hickam Drive.
B171-02     Confirming the contract of Columbia Curb & Gutter Company for the construction of a pedestrian
                   bridge over Business Loop 70 along the east side of Paris Road.
B172-02     Confirming the contract of Ken Kaufmann & Sons Excavating, LLC for construction of the H-21 Sewer
                   serving Evergreen Acres Subdivision.
B173-02     Confirming the contract of Aplex, Inc. for the reconstruction of Third Avenue from Garth Avenue to
                   Providence Road.
B174-02     Appropriating FTA grant funds for the bus storage building exhaust system.
B175-02     Authorizing the acquisition of land necessary for the construction of the B-20 Sewer serving Settlers
                   Ridge Subdivision.
B176-02     Amending Chapter 14 of the Code to establish new hourly parking meter zones; appropriating funds.
B177-02     Accepting certain streets for public use and maintenance.
B178-02     Authorizing installation of a bulb-out on Paquin Street at Matthews Street.
B179-02     Authorizing a right of use permit with The Curators of the University of Missouri to allow construction
                   in portions of Fifth Street, Conley Avenue and Turner Avenue rights-of-way.
B180-02     Amending Chapter 14 of the Code to prohibit parking along sections of Paquin Street.
B181-02     Appropriating funds for the Memorial Tree Program.
B182-02     Authorizing acquisition of land within the proposed Auburn Hills subdivision for development of a
                   neighborhood park.
B183-02     Authorizing construction of improvements to the L.A. Nickell Golf Cart Compound.
B184-02     Confirming the contract of N-J Wilson Contracting, Inc. for construction of water main along Creasy
                   Springs Road from Brown School Road south to Sanderson Lane.
B185-02     Accepting easements for electric and water purposes.
B186-02     Authorizing the Health Facility Agreement with Boone County.
 
 
REPORTS AND PETITIONS
(A)     Collection of Smaller Works of Art.
    The Council discussed the option of directing the Cultural Affairs Commission to review this issue to discern what would be a reasonable and rational approach.
    Mr. John made the motion that research continue by the Cultural Affairs Commission. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
 

(B)     Annual Landscaping.
    Mr. Beck explained that staff is working towards landscaping AC and installing water lines to maintain the beds. After this project, he said approximately $37,454 would remain in the account.
    Mr. Watkins noted that a meeting is scheduled this week with MoDOT to firm up plans on the landscaping. He commented that it is staff's intent to do a very minimal amount right now, but then come back in later and finish it up with force account. Mr. Watkins reported the two issues he needs a decision on quickly are the sleeves and putting in some top soil in the medians.
    Mr. Janku asked when the North Providence project would be bid. Mr. Patterson replied that they are ready to bid it, staff is just waiting for final approval from MoDOT. He will check into it and update the Council on the status.
    Mr. Janku made the motion that the Council approve the expenditure of the $31,000 for Route AC landscaping and the FY 02 Adopt a Spot programs. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
 

(C)     LPBW Development Company LLC 80-acre Point Sewer Request (MC-2 extension).
    Mr. Beck noted that this sewer line would serve a 185 acre tract. The funding for the project will come from the 1997 ballot issue.
    Mr. John made the motion that staff be directed to proceed with detailed plans and to establish a date for a public hearing on the project. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

(D)     Joint Development of Rail Terminal Site.
    Mr. Malon explained that this is a follow-up to the purchase agreement with Randy Adams Construction. He related that as part of the purchase and platting, it is necessary to make certain improvements to the site, including the extension of sewer lines and so forth. Mr. Malon explained that a method has been worked out to split some of those costs with Randy Adams.
    Mr. Loveless made the motion that staff be directed to proceed. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
 

(E)     Special Business District Solid Waste Zone.
    Mr. Beck explained that this would be the first of this type of district established in Columbia. He said the Public Works Department has been working with the Special Business District to replace dumpsters with compactors in the alleyways.
    Mr. Patterson reported that staff has continued to work with the SBD to maintain a clean central business district. He noted that they have been talking to the District for several years about this concept and have been developing some options for consideration. The basic premise is that a zone would be created wherein there would be some uniformity and benefit to combine the types of service the City provides. Most important, the formation of this zone would allow business owners to dictate the level and type of service they feel is best for their area. The zone would allow the cost of services to be recovered through rates based on actual costs and proportional waste generated by a particular type business. Mr. Patterson remarked that staff came up with eight different rate categories. In addition, with the repeal of the container deposit ordinance, Mr. Patterson believed there will be an increased demand and need in the District for recycling containers. This program also provides an opportunity for the District to determine what kind of recycling program they want.
    Jack Waters, 712 Westridge, Special Business District member, thanked Mr. Patterson and his staff for all of their hard work they put into this issue. He said the compactor program has had a dramatic impact in the alleys where it has been implemented, and this proposal would allow it to be extended throughout the District.
    Carrie Gartner, Downtown Association, 11 S. Tenth, explained that a series of town meetings were held last year. Based on the responses from the downtown businesses, this program would implement a mechanism for other changes to solid waste pick-up in the downtown area.
    Mayor Hindman thanked everyone for their work on the program.
    Mayor Hindman made the motion that staff be directed to prepare ordinances establishing the district and setting rates for Council consideration. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
 

(F)     Street Lights on North Providence Road.
    Mr. Malon reported on the plans to paint all of the downtown street light standards. The Water and Light Department will put out bids this spring to paint all of these poles, and it seemed appropriate to deal with the Providence Road structures at the same time.
 

(G)     Helmet Ordinance.
    Ms. Crayton asked if this ordinance is approved, what would happen to the low-income children who cannot afford helmets.
    Mayor Hindman noted that the Safe Kids Program just recently gave away 500 helmets to anyone who wanted them. He indicated that Ms. Crayton brought up a good point in that the ordinance would not be beneficial if it meant taking kids off bicycles because they cannot afford the helmets. He said we would have to be sure and match those problems.
    Mr. Janku made the motion that an ordinance be prepared and a hearing be held before the Board of Health to take public input. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
 

(H)     Sunflower Street - New Street Name.
    Mr. Loveless made the motion that the issue be referred to the Planning and Zoning Commission for their consideration and recommendation. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

(I)     Intra-departmental Transfer of Funds.
    Report accepted.
 

(J)     Tornado-safe Shelters in Manufactured Home Parks.
    Mr. Janku thanked the staff for looking into this issue.
    Mr. Janku made the motion that the issue be referred to the Building Construction Codes Commission, Planning and Law Departments for specifications and drafting an ordinance. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
 

(K)     Street Closure Report.
    Mr. Beck noted that these requests had been reviewed by the Central Columbia Association and they recommended approval.
    Mr. Loveless noted that the date set for the Lakota Cup is the alternative date for the Soap Box Derby on Broadway. He asked if a conflict would be created if the two events took place on the same day. Carrie Gartner explained that the Derby runs from the hill on Fifth Street down Broadway, and the Lakota Cup will take place partly on the University Campus and goes to about Elm Street, mainly in the Flat Branch area. She said both events could run simultaneously without affecting each other.
    Mayor Hindman made the motion that the requests be approved as written. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
 
 
(L)     Federal Building.
    Mr. Beck reported that GSA thought it might cost over six million dollars to bring the building up to their Class B office standards. It was Mr. Beck's opinion that only certain operations of the City government could easily be pulled out of the central operation. He noted the Health Adventure Center would be eligible under this public conveyance process for up to a 100% discount on the property. The use for normal City office space would not be eligible for public conveyance, but would follow the fair market value process. Mr. Beck related the City would have to pay the highest and best use for the property, and then there would be the additional renovation costs to the structure. He said timing was an issue, and staff thought it would take 30 to 60 days to obtain an appraisal. Mr. Beck believed the GSA was going to proceed with an appraisal.
    Mr. Janku asked what the City's costs would be for an appraisal. Mr. Beck replied that he did not know, but if the Council so chose, he would have some costs put together for them.
    Mr. John's opinion was that the property should be examined to ensure all the right decisions are being made. He said the federal government is bunching up their buildings and that was a good thing for them. He added that he hoped the offices would stay in the downtown area because that would be a good thing for the City of Columbia. If the Health Adventure people could get moving, their acquisition of the Federal Building would free up half of a city block.
    Mr. John stated that it is as close from the front door of this building to the front door of the Federal Building, as it is from the corner of the new City Hall building to the front door of the Howard Building. His point was that if the City purchases the Federal Building for office space, it would not be that far away from City Hall. He noted if Finance and Water and Light were moved to that building, they would be right across the street from the Verizon Building. Mr. John also pointed out the extensive fiber optic network in Columbia. He indicated Fire Administration has been moved several blocks away from City Hall, which had been a concern at one time, but he did not think that move has caused a whole lot of problems. He thought the Council needed to ensure all of the bases are covered before moving forward with the City Hall expansion project. Mr. John indicated he would like to receive an estimate of what an appraisal would cost.
    Regarding having the new Federal Building downtown, Mr. Janku did not remember them endorsing that as a Council. He thought maybe they should because most of them had expressed that hope. Mr. Janku commented that if the Council endorses such, staff needs to work with GSA by identifying or suggesting possible sites, whatever the City can do to help. Mr. Beck said one of his assistants has been working on that. He will report back to the Council on this issue.
    Mr. John made the motion that staff be directed to come back with an estimate of what an appraisal would cost. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    Mr. Janku made the motion that staff be authorized to take whatever steps appropriate to facilitate the location of the new Federal Building in downtown Columbia. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

APPOINTMENT TO BOARDS AND COMMISSIONS
    None.
 

COMMENTS BY COUNCIL, STAFF AND PUBLIC
    Mayor Hindman announced that former Council Member Donna Crockett passed away earlier this evening. He asked everyone to observe a moment of silence in her memory.
    Ms. Crayton commented that this past weekend a large trailer was in her neighborhood with items being sold out of it. She said it went on for three days. Ms. Crayton reported this person was not from the neighborhood nor was this a neighborhood yard sale. She asked staff to look into the situation.
    Ms. Crayton spoke about the new meters being proposed for the downtown area. She related there are some employees in one particular location that currently park on the street where new meters are being proposed. Mr. Janku noted they could possibly be 10-hour meters rather than two-hour meters. Mayor Hindman commented that many business people claim that the purpose of the meters is to create space for their customers. He said if employees are parking there everyday, the customers cannot. Ms. Crayton said she had received a letter from the employees.
    Mr. Janku spoke about the Council's earlier discussions regarding the upgrade of the COLT right-of-way. He and Mr. Hutton are both concerned about getting it funded in the upcoming budget. He realized the CDBG process was beginning and thought there may also be storm water money for it. Mayor Hindman said he noticed the COLT project listed with the landscaping projects they talked about earlier.
    Mr. Janku commented on the remarks of an earlier speaker relating to his property in north Columbia, and this person's inability of having a street developed to his lots. He asked staff to meet with this individual and explain the process. In addition, Mr. Janku requested a report on what would be possible in the location mentioned. If there are problems with City ordinances or policies that make it too difficult in this situation, he said maybe there are changes that could be made. Mr. Janku wanted additional information on the situation.
    Mr. Janku thought there might be an opportunity to create some new parking spaces near the University. He had read where the University will be losing 1,500 spaces next year due to construction. Mr. Beck mentioned that staff is working with the University about leasing some spaces during this construction work.
    Mr. Janku made the motion that the earlier issue about traffic calming in new subdivisions be referred to the staff for their recommendation and a report back. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    At an annexation meeting for the East Area, Mr. Loveless commented that one resident mentioned a budding dump at the Hominy Branch where it runs under Clark Lane. He asked staff to look into it and see if it is a problem the City should clean up.
    Mr. Loveless indicated he had given Mr. Watkins a request from a constituent in regards to the City establishing a "one-stop shop" for people needing building permits. Currently, when someone comes to the City to apply for a building permit, they get run around to several different divisions for permits and checks.
    In reference to street standards and landscaping, Mr. Loveless spoke of an earlier Council discussion in which Grant Lane was used as a model because of the trees planted between the curb and sidewalk. He noted that some of those trees are no longer alive. He wanted to see these removed and replaced.
    Regarding the "one-stop shop", Mr. John felt there should be no reason for anyone to come to City Hall for those purposes because they should be able to order permits on-line, pay for them on-line, receive them on-line, and have somebody come out to inspect their footings. He said Protective Inspection should be able to wirelessly send back a notice when an inspection has passed. Mr. John wanted to see this worked on in the next year or so.
    Mr. Coffman brought up the issue of the traffic light by AC and Bluff Creek. He felt they were nearing a stage where the City should make its position known. The options are to leave the light where it is near the gas station, or move it down to Bluff Creek Road. He felt Bluff Creek Road seemed to be the logical location.
    Mr. Coffman made the motion that his preference be expressed to MoDOT and ask that it be done while they are working in the area.
    Mr. Loveless discussed the Council direction to staff that MoDOT be contacted about establishing a crossing from Jefferson Commons to the sidewalk on the other side of Highway 63. He said the closing of this stretch of road to work on the Grindstone bridge is eminent and he has not seen any action regarding the crosswalk.
    Mayor Hindman noted the Council received an e-mail about this issue and he believed the sender made some good points. He believed the road is really going to carry a burden when the right turn lane is cut-off at the end. He thought another thing that needs to be looked at is the sidewalk that dead ends in this area. Mayor Hindman reported the shoulders are in terrible shape and the road is simply not ready for the volume of traffic that will be routed onto it. He agreed with Mr. Loveless on the crossing. Mayor Hindman indicated the neighborhood is also concerned about the roundabout. He felt the residents had a lot of reasonable concerns that should be forwarded to MoDOT.
    Mr. Coffman said he would accept all the concerns and add them to his motion. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. Coffman noted that trees had been taken out on Walnut Street along Boone Hospital's parking area. He said it happened some time in March and now there is no buffer between the lot and the Lion-Stephens Park area. He referred to the Council minutes wherein the latest phase of the parking lot was approved. Mr. Coffman noted that a sidewalk variance was granted along Walnut, and one of the reasons this occurred was to prevent the removal of trees which served as a buffer. Many constituents have contacted him and have inquired as to why the trees were removed. Mr. Coffman asked that the issue be investigated and reported on.
    Mayor Hindman reported that he had been contacted about Ashland Gravel Road where it dead ends at a bridge (which has been converted to a pedestrian/bicycling bridge). He related the street also provides access to an apartment house and the old Coca Cola building. He said the street has been allowed to deteriorate, and there is also a culvert that will not handle more than 3,000 pounds. Mayor Hindman indicated the owner of the Coca Cola building wants to lease it out as a warehouse, and claims to have had pretty unsatisfactory results in dealing with the City on the situation. He asked for a report as the complaint involves a City street and the issue needs to be dealt with.
    Mary Hussman, 5306 Rice Road, explained that she has been working with Columbia Square Tenants Association for some time. She passed around pictures of views taken from the apartments showing the fence line along the east side of the Joe Machens Ford property. Ms. Hussman reported the Machens' property along the public street is spotless and very well manicured, while the back is littered with rubbish and trash. She said the Health Department has been called five times about this problem, but it still has not been cleaned up. Ms. Hussman stated staff from the Health Department have spoken with the dealership about this problem since March, but there has been no progress. She requested that the Council intervene to get this property cleaned up.
    Ms. Hussman discussed another problem at the same location relating to the condition of dumpsters on within the apartment complex. She said the management was told today that the City would give them three or four new dumpsters by the end of next week to replace some of the older ones. Ms. Hussman indicated that the Tenants Association prefers that all of the dumpsters be replaced at the same time and as soon as possible.
    Otto Trachsel, 3702 Wayside Drive, commented on a dangerous planter located at the intersection of Brown Station and Leeway. He said the height is such that it is difficult for drivers to see over.
    Carrie Gartner, 11 S. Tenth, stated that she and several of her board members had spoken with the GSA a few years ago about the Federal Building. Since the Board has been working on an overall master plan for the downtown, SBD realizes the importance of Cherry Street. Ms. Gartner spoke of the need for an east/west pedestrian connector, and she thought it could be Cherry Street because it has so much potential. She believed that if the Federal Building is used to its fullest potential, it would be a great way to connect all the different attractions in the downtown area. Ms. Gartner related the Board had originally looked at it as a possible facility for a cultural center.
    The meeting adjourned at 12:45 a.m.

                                                                                                    Respectfully submitted,
 
                                                                                                    Penny St. Romaine
                                                                                                    City Clerk