M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
MAY 5, 2003
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, May 5, 2003, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council members HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, and JANKU were present. The City Manager, City Counselor, City Clerk and various Department Heads were also present.
 

APPROVAL OF MINUTES
    The minutes of the regular meeting of April 21, 2003, were approved unanimously by voice vote on a motion by Mr. Loveless and a second by Mr. Hutton.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mayor Hindman announced that B121-03 would be removed from the Consent Agenda and placed under Old Business, R98-03 would be added to New Business and Report D would be added under Reports and Petitions.
    Upon his request, Mr. Loveless made the motion that Mr. John be allowed to abstain from voting on B119-03. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion by Mr. Janku and a second by Mr. Loveless.
 

SPECIAL ITEMS
    Mr. Beck explained that at the annual city managers association meeting, Assistant City Manager Paula Hertwig-Hopkins was given the Outstanding Assistant Award for Excellence and Leadership. Mr. Beck presented her with the plaque.
 

SCHEDULED PUBLIC COMMENTS
    None.
 

PUBLIC HEARINGS
B100-03     Authorizing Change Order No. One; approving the engineer's final report; levying special assessments; appropriating funds for the Spruce Drive Improvement Project.
    The bill was read by the Clerk.
    Mr. Beck explained that this bill had been tabled at the last meeting because of testimony at the hearing regarding a stormwater problem in the area. He asked Mr. Patterson to comment on staff's findings.
    Mr. Patterson explained that staff's re-examination of the site showed the problem to be a pre-existing ponding problem in the rear yard. During the reconstruction process of Spruce Drive, a channel was created to try and help alleviate the situation. Mr. Patterson noted that as part of the contract and follow-up maintenance, a stand of grass will be completely developed on the property. In conclusion, he reported that the storm water problems are not related to the construction of Spruce Drive.
    Mayor Hindman opened the public hearing.
    Ruth Walters, 2611 Spruce, invited the Council to her home to see the water pipe. She asked that her patio be raised to where it was originally.
    Mr. Patterson said the problem Ms. Walters is referring to has probably been worsened by the development upstream. Those parties installed a pipe, at their expense, and Ms. Walters has that prerogative as well. He stated that if Ms. Walters decides to proceed with this option, staff will assist with engineering, but it would not be a City responsibility to install the pipe. Mr. Patterson indicated that the low elevation of Ms. Walters' backyard makes the problem worse.
    Mayor Hindman closed the public hearing.
    Mr. Hutton concurred that the Spruce Drive project did not cause the problems Ms. Walters is experiencing. He said the problem is a storm water outlet pipe from a new development to the north that is discharging into her backyard. His understanding is that the development to the north had been built to City standards. He thought this was indicative of shortcomings with the City's storm water ordinances - that developments are allowed to create problems for other people. Mr. Hutton will continue to work with Mr. Patterson on the situation. He believed Ms. Walters only recourse may be a civil action.
    B100-03 was read with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B118-03     Approving The Broadway Shops C-P Development Plan.
    The bill was given second reading by the Clerk.
    Mr. Dudark described the location of the proposed project and noted that it has been in the works for a long time with numerous discussions between the developer and City staff, particularly as it relates to the reconstruction of East Broadway. As identified in the plan, the major feature of the reconstruction process involves the relocation of Trimble Road, which will bisect the applicant's property. The plan before the Council targets the tract to the east of the relocated Trimble Road. Mr. Dudark pointed out the location of the new traffic signal on East Broadway and explained this section of roadway will consist of five-lanes, including a left turn lane. He stated that there would be dual left turn lanes west of the Trimble Road intersection.
    Mr. Dudark reported a traffic study had been prepared by the applicants which indicates a need for certain roadway improvements as a result of this proposed development. Those include the ones already mentioned as well as the construction of another lane on the south side of Trimble, along the north side of the property. In addition, the dedication of right-of-way for the relocation of Trimble Road will also be the responsibility of the developer. As a result of the additional right-of-way, Mr. Dudark noted a proposal to shift the project 12-feet to the south which will require the vacation of the north 12 feet of right-of-way along Broadway. He indicated this is excess right-of-way not needed for the East Broadway development project. Mr. Dudark related that it would be a way to provide for the improvement of Trimble Road while still meeting the traffic requirements in the East Broadway objectives.
    Mr. Dudark remarked that drainage was another issue in regard to this project and there are plans for underground detention reservoirs. There will be inlets in the parking lots directing the run-off to the reservoirs which will then be released to drainage outlets to existing drainage ways. He noted that a drainage plan has been approved by Public Works as has the landscaping plan for this site.
    Mr. Dudark stated that the Planning and Zoning Commission is recommending approval of the plan subject to a couple of conditions. He noted that the landscaping condition has already been met. The other relates to a development agreement. He explained that this is a complicated project and it has to dovetail with the reconstruction of East Broadway; thus, there has to be an outline of the various responsibilities and a sequencing of improvements between the developer and the City. That agreement would come before the Council prior to the first final plat on this project. Mr. Dudark stated that the agreement would mainly pertain to sidewalk and street improvements on both Trimble Road and Broadway.
    Mayor Hindman opened the public hearing.
    Jay Lindner, member of the Forum Development Group, 1400 Forum, presented a slide presentation of the project. The site as shown consists of four buildings; Building A is a restaurant pad site, Buildings B and C will each consist of approximately 40,000 square feet and will be used for retail businesses, and Buildings D and E are proposed to be used as a convenience store with some sort of small retail store attached to it. Mr. Lindner spoke about their landscaping plans. He noted they intend to request a permit from the City to landscape and maintain the right-of-way along Broadway as well. He indicated they have obtained a variance from the Board of Adjustment for a six-foot landscaping strip. Mr. Lindner showed plans of what the buildings will actually look like. He said it would all be done out of masonry and there will be a 10-foot covered sidewalk in front of the shops. He explained the development agreement.
    Jose Lindner, member of the Forum Development Group, 1400 Forum, commented on the detailed discussions at the Planning and Zoning Commission meeting in regard to their lighting plans. He noted that one member voted against this request and suggested the installation of 12-foot light poles. Mr. Lindner showed the poles currently used at their other properties and said they actually have leased these poles for 20 plus years through a program the City of Columbia instituted. He reported the poles used in this project will be cut-off fixtures and this type of lighting has been very effective in their other projects. Mr. Lindner explained the biggest issue they deal with relates to safety. For that reason, he said they use high pressure sodium lighting (a yellowish type of lighting).
    Mr. Lindner related that the second negative vote at the Commission meeting dealt with a commission member's concern about excessive parking and how that relates to storm water drainage. He pointed out that the proposed parking areas will be split into different areas.
    Mayor Hindman asked what was being done with respect to storm water. Mr. Lindner explained they are proposing an underground storm detention system. He stated that while the City requires detention for a 25-year rain event, their storm water plan has been designed to hold the 100-year rain event.
    Mayor Hindman voiced concern for the adjacent residents in reference to lighting. Mr. Lindner explained that the perimeter lights will be directed towards the inside of the project. He said the cut-off fixtures are designed to minimize the number of light fixtures needed.
    Mayor Hindman questioned the landscaping plans. Mr. Lindner responded that more than 15% of the property will be landscaped. In addition, they intend to landscape more areas than what is shown in the plan. He pointed out these areas. Mr. Lindner remarked that they wanted to do something in front of the center with some type of fountain/waterfall feature. Mayor Hindman inquired about the extra landscaping along Broadway. Mr. Lindner said they have found it to be beneficial to their businesses to maximize the amount of landscaping they have on their properties.
    Dee Dokken, 804 Again, stated she is a member of the Hinkson Stream Team No. 406 and the Hinkson Watershed Partnership. She reported that members of the Partnership and the Hinkson Creek Valley Neighborhood Association met with the developers in late April. She said they were appreciative of the consideration given to their concerns. Ms. Dokken related that the peak flow will not be greater than it was before the development, but the total flow will be greater because of the increased impervious surfaces. Residents asked if the applicants would consider using some of the storm water as irrigation for landscaping. They were told the developer is working with engineers to see if there is a possibility of doing that. Ms. Dokken suggested it could also be used for the proposed fountains and waterfalls. The group also asked that the storm water runoff be filtered, especially runoff from the gas station/convenience store. She indicated there are filters that can be installed that will keep the petroleum products out with an added advantage of being able to be shut-off the system completely in case of a gas spill. They also asked about the possible redesign of the landscape islands in the parking lot so they could act as bio-retention basins. They were told this would not be feasible due to landscape requirements of the City. Ms. Dokken said they would like the City to come up with guidelines for this kind of bio-retention in the future.
    Alan Purdy, 2800 Green Valley Drive, voiced his appreciation for the planning and thought that has gone into this development. He expressed concern about the current traffic flow in this area.
    Karl Skala, 5201 Gasconade, a member of the Planning and Zoning Commission, said that no one had suggested that 12-foot high standards be used in this development. He maintained that the suggestion had been for something under 25-feet, probably 21-foot poles with 3-foot bollards.
    Mayor Hindman closed the public hearing.
    Mr. Ash remarked that the residents of Broadway Village are very much concerned about access during construction. He asked if this project would be constructed at the same time the East Broadway improvements are made. Mr. Patterson thought Mr. Lindner was anxious to begin the project and that was why they deferred construction of sidewalks on Broadway. He reported the Broadway improvements will not begin until some time next year, and he was under the impression that Mr. Lindner wanted to get started much sooner than that. Mr. Lindner replied that Mr. Patterson is correct, although they still have to come back with a final plat and turn in all of their plans. He indicated that it will be several months before they can begin work on the site, but their hope is to have the first buildings ready for occupancy sometime in the early part of 2004. He stated this will be well ahead of the construction on Broadway, and with their phasing of this C-P project they will not create any problems as it pertains to safety issues.
    Mayor Hindman thought this development will make a very nice entrance into Columbia and he felt it to be a good project and will be very appealing to the community. Mayor Hindman was also pleased that the developer considered the concerns and suggestions of area residents.
    Mr. Loveless asked what would be needed in order to permit the developer to landscape on City right-of-way. Mr. Beck explained that a separate agreement would be required for landscaping on public right-of-way. He did not think this landscaping should begin until the East Broadway improvements are done.
    B118-03 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B119-03     Rezoning property located east of Hanover Boulevard, at the eastern terminus of Hidden Creek Court, from R-1 to R-2.
    The bill was given second reading by the Clerk.
    Mr. Dudark explained the vote at the Planning and Zoning Commission had been 5 to 2 to recommend approval of the rezoning. The request is to rezone the west part of the lot to R-2. He noted this tract is adjacent to another R-2 zoned lot which is owned by the same developer. This individual plans to build three duplexes at the end of the cul-de-sac. After quite a bit of discussion at the Commission hearing, Mr. Dudark said a motion was made to recommend approval of the change.
    Mayor Hindman opened the public hearing.
    There being no comment, Mayor Hindman closed the public hearing.
    Mr. Hutton noted that premium lots are usually located at the end of the cul-de-sac and are not subject to duplex development. He pointed out there are already a lot of duplexes in this area with another proposal in the works for a lot more.
    Mayor Hindman spoke of his preference for a mixture of single family and duplex development.
    Mr. Janku expressed concern in that many duplexes are under individual ownership and the units are rented. The end result is a sea of rental property with no stability of homeownership.
    Mr. Ash asked about any positive reasons to approve this request. He wondered if the Commission decided to approve it because the tract is surrounded by R-2. Mr. Hutton thought the Commission's decision was based on the fact that there are so many duplexes in the area now they did not see a problem with one more. Mr. Ash noted that people had spoken in opposition to the rezoning.
    B119-03 was given third reading with the vote recorded as follows: VOTING YES: NO ONE. VOTING NO: HUTTON, LOVELESS, ASH, HINDMAN, CRAYTON, JANKU. ABSTAINING: JOHN. Bill defeated.
 

B120-03     Amending Chapter 29 of the City Code as it relates to laboratories.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that current ordinances do not provide adequate definitions for some of the uses beginning to be addressed in the community.
    Mr. Dudark commented that staff had worked on this amendment for many months and they met with individuals from the University Office of Research, REDI, and some local medical testing and research laboratories to get a better understanding of the various types of laboratories that exist. He commented that current ordinances do not define laboratories and one of the recommendations is to provide such so that the proper zoning district can be determined. Mr. Dudark reported that one of the major questions pertained to research and development laboratories, a rapidly changing field based on the increased research on bio-terrorism. He stated that the proposed amendment would allow those labs as conditional uses with information pertaining to hazardous materials being identified by the applicant. If there is minimal or insignificant types of those materials, he said an office district would be an appropriate location for this particular use. Mr. Dudark explained the research and development uses were added as a permitted use to the heavier commercial districts and all of the industrial districts. He related that staff believes the proposed amendments would be a substantial improvement over what currently exists.
    Mr. Janku asked if the amendments would allow for veterinarian medical care. Mr. Dudark replied that the medical laboratory use is for humans and not animals because there are very different procedures used for diagnostic testing between the two. He clarified that the research and development laboratories would include diagnostic treatment of animals and animal hospitals.
    Mr. Loveless asked about the risk assessment mentioned. Mr. Dudark reported that it would be difficult to know in advance what materials might be used in certain laboratories. Under the conditional use process, the applicant would have to provide a list of the materials and quantities that were going to be used and what risks would be associated with such. Mr. Loveless questioned who would make the risk assessment. Mr. Dudark responded the Board of Adjustment would review it at a public hearing which would give people the opportunity to ask questions.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B120-03 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B125-03     Calling for bids for the replacement of the Water Distribution Operations Building and related improvements.
    The bill was given second reading by the Clerk.
    Mr. Malon explained this project involves the removal of the foundation and the old distribution building. He reported a new building will be constructed in the same general area and the project will improve drainage in the area while limiting storm water runoff. He also noted that parking for the building will be rearranged to accommodate such. Mr. Malon indicated that the Council authorized an appropriation of $1 million from a bond refunding issue for this project. He showed the location using the overhead and its proximity to the power plant and the water administration building. Staff recommends the construction of a pre-manufactured building with adjustments made necessary to stay within the budget. Mr. Malon noted alternatives have been included if the budget allows. Because the new building will be put in the same location as the old one, alternate quarters will have to be found for the construction and meter shop crews for about a year. He thought there may be some properties along Bowling Street for rent. That amount would also be included in the project.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B125-03 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B131-03     Authorizing improvements to the Antimi Sports Complex.
    The bill was given second reading by the Clerk.
    Mr. Hood described the project as the addition of two lighted softball fields to the Antimi Complex located in Cosmo Recreation Area. The total estimated cost of the project is $330,000 to be funded over a two year period. The current budget includes an appropriation of $225,000 of which $175,000 is from the 1/4 cent capital improvement sales tax. The remaining $50,000 is force account labor. The project will provide for two intermediate size fields which meets regulations for women's fast pitch softball and youth programs. Mr. Hood noted that this project was first identified in the 1994 Parks and Recreation Master Plan and was a specific project identified in the 1999 1/4 cent sales tax ballot issue which the voters endorsed.
    Mayor Hindman asked about the dotted line shown on the overhead. Mr. Hood explained that it represents an expansion of the paved trail on the south side of the park. He noted it is an identified project in the five-year CIP, but at this point it has an unfunded status.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B131-03 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

(A)     Voluntary annexation of property located on the north side of St. Charles Road, approximately 100 feet east of Upland Creek Road.
    Item A was read by the Clerk.
    Mr. Beck noted several items coming up regarding voluntary annexation with this one involving a 5.29 acre tract located in northeast Columbia. The applicant is requesting PUD-10 as permanent zoning at the time of annexation.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
 

(B)     Voluntary annexation of property located on both sides of Teton Drive, on the south side of Yosemite Avenue.
    Mr. Beck explained that this is a 2.6 acre tract in northeast Columbia with a request for zoning equivalent to that which currently exists in the County.
    Mayor Hindman opened the public hearing.
    Jack Donelon, 578 Grace Lane, President of Lake of the Woods Homeowners Association, commented that residents are not opposed to the voluntary annexation. He was concerned about the extension of Teton Drive as it would allow a connection to the Lake of the Woods South development. At the present time, there is no infrastructure in this area and Teton would be the only exit and entrance from this development. Mr. Donelon noted that Teton Drive is the longest street in their neighborhood containing the largest percentage of young families with small children. The concern is that Teton would be used to funnel traffic in and out of the new subdivision once it is developed. Mr. Donelon noted that he had talked to Boone County Fire Chief Paulsell and he was very concerned about covering any emergencies in the development due to lack of access.
    David Floatman, 5531 Rocky Mountain, asked the Council to reject the voluntary annexation. He reiterated the access issue discussed by Mr. Donelon and said the Council has failed to address the issue of developers stubbing subdivisions onto one another. If the Council were to reject the annexation request, Mr. Floatman believed that would encourage the developer to provide another means of access.
    Mayor Hindman asked if Mr. Floatman was concerned that Teton Drive would be extended to the east as a result of this approval. Mr. Floatman said that was correct. It was ascertained that if the property is not annexed, there would be nothing to prevent Teton Drive being extended. Mr. John pointed out that the applicant would not be allowed to connect to City sewer until annexation occurs.
    Mayor Hindman closed the public hearing.
 

(C)     Voluntary annexation of property located on both sides of Bethany Drive, east of Scott Boulevard.
    Item C was read by the Clerk.
    Mr. Beck explained that this two acre tract is located in southwest Columbia with a request for R-3 permanent zoning, equivalent to the current zoning in the County. He noted the property owners are interested in City refuse collection and police protection.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. John stated that this tract is connected to City sewers through previous policies.
 

(D)     Voluntary annexation of property located on the northwest corner of Wyatt Lane and Opal Drive.
    Item D was read by the Clerk.
    Mr. Beck explained this 2 acre tract to be located in northeast Columbia. The request is for R-1 permanent zoning and a connection to the City sewer system.
 

(E)     Voluntary annexation of property located on the southwest corner of St. Charles Road and Grace Lane.
    Item E was read by the Clerk.
    Mr. Beck commented that this approximate three acre tract is located in northeast Columbia and the applicant is requesting C-P permanent zoning. He pointed out all these voluntary annexation requests have been circulated through the various City and County agencies for their feedback.
    Mayor Hindman opened the public hearing.
    Jack Donelon, 578 Grace Lane, explained that the owner of this property has appeared twice before the County Commission with a request for rezoning from residential to commercial. Both times it was rejected. He maintained the requests were denied for safety reasons. Mr. Donelon reported that Grace Lane is the main entrance and exit into Lake of the Woods Subdivision. At the present time there is a car wash across the street and masonry and fencing businesses just down the road. He noted that trucks come in and out of these businesses several times a day. Again, Chief Paulsell was concerned about this request because an accident at this intersection would delay emergency vehicles from accessing the subdivision. Mr. Donelon asserted that residents do not want anymore commercial development on this corner until something is done about the present traffic flow.
    Mr. Loveless pointed out that with planned zoning districts, the Council would have the opportunity to give the plan pretty fair scrutiny. If the only way in and out of the property was onto St. Charles Road rather than Grace Lane, Mr. Loveless inquired whether Mr. Donelon would be more supportive of the request. Mr. Donelon replied negatively.
    David Floatman, 5531 Rocky Mountain, also voiced safety concerns. He felt the City would be hard-pressed to deny the owner the use of his property once it is annexed and zoned commercially because of traffic concerns.
    Reggie Bennett, 539 N. Crater Lake, listed the many commercial establishments currently in the area.
    Brian Connell, an architect with offices at 28 N. Eighth, explained that he is the architect and a representative of the Teton Drive annexation and Lake of the Woods South development. He said they met with the representatives of the Lake of the Woods Subdivision numerous times over the last several years. Mr. Connell addressed the comments made previously about residents not seeing any evidence of the infrastructure being proposed along the St. Charles corridor leading up to and intersecting with I-70 and to the southwest down to Grace Lane. He reported that representatives have been working very diligently with County, City, and MoDOT staff to work through the various procedures required to design and implement these kinds of infrastructure improvements. Mr. Connell indicated these improvements have been designed and they are awaiting final approval from the MoDOT Commission -- which is scheduled for June 6 of this year. These improvements total approximately $3.5 million and include lane widenings, left turn lanes, medians, signalized intersections on the north and south side of I-70 where the on and off ramps intersect the major outlet coming in and out of Lake of the Woods commercial development. Mr. Connell could not say that includes the signalization of the St. Charles and Grace Lane intersection. He related they have also talked to City staff about the prospect of extending Grace Lane to Richland Road to open up that corridor. He could not say that was an absolute, but it is their intent to try to implement such.
 

OLD BUSINESS
B93-03     Amending Chapter 2 of the City Code as it relates to the Environment and Energy Commission.
    The bill was read by the Clerk.
    Mr. Boeckmann explained that the bill as originally introduced would eliminate liaison representation on the Energy and Environment Commission from the Water and Light Advisory Board and the Board of Health. It would also reduce the quorum from seven to six. He noted an amendment sheet had been prepared at the request of the Council at their last meeting. It would eliminate all three liaison representatives, eliminate one of the positions appointed by the County Commission, and reduce the quorum from seven to five.
    Nan Collins, 1201 Paquin, an Energy and Environment Commission member of six years, spoke on her own behalf. She had been in many meetings where for lack of a quorum the Commission was compelled to do business without one or pack up and go home. Chronic absences have imposed a real burden to those who are committed members. She explained that is why the Commission requested the elimination of the two liaison members. Ms. Collins said it would be helpful if someone from each of those boards could be identified for the E&E Commission to call and request information on specific issues. She supported retaining representation from the Planning and Zoning Commission.
    Karl Skala, 5201 Gasconade, explained that he is the Planning and Zoning Commission's liaison to the Energy and Environment Commission. He said the E&E Commission had voted unanimously in favor of reducing the membership from 13 to 11. At no time did they want to reduce their membership any more than they had to, they only wanted to eliminate the members who chose not to contribute to the work of the Commission.
    Mr. Hutton asked Mr. Skala about the importance of the P&Z liaison to the Energy and Environment Commission. Mr. Skala said there is always a use for a "heads up" in some of the information exchange that is necessary for the Commission to take up issues with advice from where the City is headed in terms of some of its planning issues. He did not understand why the Council would want to penalize people who are willing to work and volunteer their time. Mr. Hutton agreed, but asked what would happen if he (Mr. Skala) was not on P&Z -- would there be someone else on the Commission that would be willing to pick up the burden of serving on two commissions. Mr. Skala agreed that there are no guarantees.
    Without liaisons from Water and Light and the Board of Health, Mr. John asked how the E&E Commission was getting their information on such things as lighting and wind power. Mr. Skala responded they obtained it by the hard work of the volunteers, and if the Council makes their membership number much lower, they would be discouraging those people who are willing to work and do that research.
    Mr. Janku asked Mr. Beck if the County Commission had responded to the Council's inquiry about eliminating one of the county members. Mr. Beck shared an e-mail from the Presiding Commissioner which indicated the Commission had no problem with reducing the county membership as long as it was done as terms expire. He also understood the county members had been regularly attending meetings. Mr. Janku's interpretation of that was the County Commission was willing to allow the fourth member to stay and was not very desirous of reducing the number.
    Mr. Hutton wondered if anyone knew why the Energy and Environment Commission is made up of both City and County members. By eliminating two positions, he said this will reduce the ratio of City and County members from nine and four to seven and four. Mayor Hindman noted that because this is an advisory commission, he felt the ratio issue may not be quite as important. Mr. Loveless pointed out that the seven people serving from the City are also County residents.
    B93-03 was read with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B99-03     Approving the final plat of Pratt's Subdivision, Plat 4, a replat of part of Lot 6 of Pratt's Addition.
    The bill was read by the Clerk.
    Mr. Beck stated the applicant requested to table this issue again.
    Mayor Hindman made the motion to table B99-03 to the May 19, 2003, meeting. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

B117-03     Approving the Auburn Hills Townhouses PUD Site Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this approximate 10 acre tract is located in north Columbia. The proposal is for ten, 10-unit single family attached units for a total of 100 dwelling units. Approval was recommended unanimously by the Planning and Zoning Commission.
    Chris Davis, an architect with Peckham and Wright Architects, with offices at 15 S. Tenth, offered to answer any questions.
    Mr. Janku pointed out the plan of intent specifies the tract is a single tax lot which means it will be under unified ownership.
    B117-03 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B124-03     Authorizing an agreement with Dana Corporation for backup generator service; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck commented that this project is similar to the generator that was installed at Shelter Insurance. It is large enough to carry the electric load of the Corporation in case of an emergency, and will help furnish peaking power for the City and give us credits toward our interconnection system. The estimated cost is $325,000 to be paid from Water and Light funds and the Dana Corporation will pay the City $1,000 per month over a period of years.
    B124-03 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B130-03     Amending Chapter 22 of the City Code as it relates to deferred tax bills for sanitary sewer projects.
    The bill was given second reading by the Clerk.
    Mr. Beck said this would change the present policy to defer tax billing until such time as the land is developed. It also clarifies the subsection wherein the City participates in the reconstruction of sewer lines, particularly in the older part of the City.
    Mr. Loveless asked about Section D wherein the City sets aside $500,000 as part of the deferral process. He wondered if it was time to consider raising this cap. Mr. Janku responded that could create a problem because if it is too high it becomes a burden on the utility. Mr. Patterson commented that the actual deferred assessments which have been levied by the Council is less than $200,000. The sewer districts that have been programmed and are already in process will bring it to close to the $500,000 cap (it is approximately $460,000). However, that would be over the next few years of actual assessments. He indicated that recovering deferrals for large parcels of undeveloped property is a strong possibility, but staff does not think this will occur with smaller residential tracts. Mr. Patterson noted the option of potentially raising the cap as part of the next ballot issue when looking at the total liability of the utility.
    Mr. Hutton asked what would happen if three or four more districts petition the City for sewer service. Mr. Patterson replied that is what staff hoped to be addressing this next year when evaluating funding for the utility. He reiterated that until tax bills are assessed, the deferrals are not a liability.
    B130-03 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B132-03     Authorizing an amendment to the lease for real property at Nifong Park to the Boone County Historical Society.
    The bill was given second reading by the Clerk.
    Mr. Beck explained this would expand the original area the City leases to the Historical Society by .46 acres. It would provide them with additional space to construct an exhibit building for a historical boat. Staff recommends approval.
    B132-03 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B121-03     Calling for bids for the construction of Heather Lane from Broadway north to the existing terminus south of Ash Street.
    The bill was given second reading by the Clerk.
    Mr. Janku asked if the landscaping buffer between the street and the apartments was planned as part of the project. At the time of the public hearing, Mr. Patterson said the landscaping had been part of the negotiation with the apartment complex for the relocation of access. He explained the City ended up having to buy the access because the negotiations broke down. The plan as designed does not include landscaping, although he said it does not preclude such.
    Mr. Janku remarked that Heather Lane will extend between the Church on Broadway and Gatehouse Apartments. His feeling was if there could only be a sidewalk on one side of the street, that it be constructed in front of the apartment complex because that will generate the most pedestrian traffic.
    Mr. Patterson asked if it would be satisfactory to the Council if the project is bid with the sidewalk on the east side (where the apartment complex is located) and allow for an add alternate for the west side.
    Mr. Beck questioned how the project was designed. Mr. Patterson replied staff had the street designed with a 32-foot pavement and cross sections being designed for a five-foot sidewalk on either side. The proposal is to bid the project with sidewalks on both the east and west sides as alternates. Mr. Patterson reported this way the Council will have the option of authorizing one or both walks if funding is available. Typically, sidewalks are constructed on one side when streets are built.
    Mr. Hutton inquired about the budgeted amount for the project. Mr. Patterson responded $130,000 had been budgeted for this project.
    Mayor Hindman argued that a street project is not complete unless it also includes sidewalks and landscaping. He asserted that sidewalks are an integral part of the street. Mr. Beck responded that if it is Council's desire to require sidewalks on both sides for all street projects, the estimates should be revised and the list should be reviewed. He added that the list needs to match the City's financing ability. Mayor Hindman indicated he could accept bidding the sidewalks separately, but he maintained that the City should establish the standard wherein all street projects includes sidewalks and landscaping. Mr. John said the staff would need to know what percentage increase to add to all of the budgets. Mayor Hindman believed the Council needed to begin to think in those terms. Mr. Hutton interjected that the Council still has not decided on street width standards.
    B121-03 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

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

B114-03     Approving the final plat of Auburn Hills, Plat 3.
B115-03     Approving the final plat of Pippen Place, Plat 1.
B116-03     Approving the final plat of The Highlands, Plat 18, a replat of Lot 1703 of The Highlands, Plat 17.
B122-03     Accepting privately constructed streets for public use and maintenance.
B123-03     Authorizing a right of use permit with The Curators of the University of Missouri to allow work within the Hitt Street and Rollins Street rights-of-way.
B126-03     Authorizing an easement agreement on behalf of the City with Union Electric Company.
B127-03     Accepting a deed of dedication from Wilbur and Kim Gilmore.
B128-03     Accepting a deed of dedication; approving the engineer's final report; authorizing payment of differential costs for construction of water main serving Timberlane Subdivision, Plat 5.
B129-03     Appropriating fire equipment sale proceed funds and sales tax funds for the purchase of a ladder truck.
R92-03       Setting a public hearing: replacement of the MKT Parkway Bridge No. 6.
R93-03       Setting a public hearing: improvements to East Broadway from Old 63 to US Highway 63.
R94-03       Authorizing Amendment No. 1 to the agreement with the Missouri Department of Health for the Maternal Child Health Program.

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

NEW BUSINESS
R95-03     Authorizing a Memorandum of Understanding with the PedNet Coalition in support of its application for an Active Living by Design Grant.
    The resolution was read by the Clerk.
    Mr. Watkins explained that this is a follow-up to the report presented at the last meeting. It essentially commits the City to cooperating with the PedNet Coalition and their request to the Robert Wood Johnson Foundation for a grant of $200,000 over a five year period. Mr. Watkins stated the Coalition scored very well in the first round and was one of only 36 agencies nationwide who had been asked to submit a full application. It is anticipated that 25 agencies will receive funding.
    Mayor Hindman believed the Planning Department should be added to the list of participating departments.
    Ian Thomas, 2616 Hillshire, member of the partnership writing the grant, supported Mayor Hindman's suggestion to include the Planning Department. He noted the full proposal is due in a few weeks with the major objective of the project being to increase walking and biking to school among children in the designated area which is located just a little to the west of downtown Columbia. Other objectives include promoting physical activity as a lifestyle habit for children, increasing physical activity in the community in general, and reducing safety barriers to active living. If they are successful in winning the grant, Mr. Thomas thought Columbia could become a model in this part of the country for urban renewal type projects to improve public health, community life, the economy and the quality of life of residents.
    Mayor Hindman made the motion to amend R95-03 be adding the Planning Department to the list of participating departments. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    The vote on R95-03, as amended, was recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R96-03     Approving the preliminary plat of Vanderveen Crossing, Plat No. 5; granting variances to the Subdivision Regulations.
    The resolution was read by the Clerk.
    Mr. Dudark explained the variances to be a reduction in Blue Ridge Road to 33-feet in width, a reduction in the requirement that all land up to 80 acres under single ownership be included in the preliminary plat, and the requirement regarding two lots sharing a driveway. In conjunction with the 33-foot width variance, the Planning and Zoning Commission recommended the developer construct an 8-foot pedway in lieu of the five-foot sidewalk on one side of Blue Ridge Road. In reference to the driveway, the Commission recommended Lots 57 and 58 be allowed to share a driveway onto Blue Ridge Road, provided the driveway shall have a turnaround area.
    Mr. Beck voiced concern about varying the right-of-way width. His experience has been that it is very difficult to obtain right-of-way at a later date.
    Mr. Janku asked about the open area. Mr. Dudark pointed it out using the overhead. He said these lots would not be owned by the City unless they were later deeded to us.
    Mr. John asked if the developer would pay to construct the entire sidewalk if allowed to narrow the street and right-of-way. Mr. Dudark replied that the developer will be 100% responsible for building the pedway, sidewalk and street. He added that staff felt the City should not participate in the cost for constructing the eight-foot pedway because allowing the developer to narrow the street will offset that cost.
    Mr. Janku asked if any thought had been given to which side of the street the walk and pedway would be located. Mr. Dudark thought that would be decided later when the street is being designed. Mr. Janku commented that only two lots will have access, but that access is the type of thing where a pedway could cause a problem. Mr. Dudark noted a major utility easement which the developer will have to consider.
    Bill Crockett, 2608 N. Stadium, stated the developer is in agreement that he will accept the responsibility of constructing the pedway with one condition -- that the structural cross section of the pedway not be any different than what the City is building on North Garth or Blue Ridge Road. He noted that construction of the sidewalks will occur with the development of the adjacent lots, not necessarily with the development of the street. However, walks will have to be constructed within three years per the performance contract. Mr. Crockett felt the pedway should be on the opposite side preferred by Mr. Janku because it would be better for development. He said the shared driveway condition would be put on the final plat and recorded on each individual plot plan. He explained this was not really a turnaround per se, but a driveway turnaround with side entry garages on the two structures. Mr. Crockett commented that he was going to try to increase the building setback on the lots to force the availability of land for the turnaround. In reference to the reduction of the size of the plat, he reported it will allow the developer and various departments to work out their disagreements on how far Blue Ridge should go. He said it was going to take further study.
    Regarding Lots 66 and 67, Mr. John said if the pedway is on the north side of the street, it would be under the power line easement on the back side of the lots. Mr. Crockett responded it would be within the easement, not necessarily under such. He noted it is a 100-foot easement. Mr. John asked if the green space is in the middle of the third lot, Lot 106. Mr. Crockett indicated it is a greenspace common area, as is the lot on the south corner of Piranha and Blue Ridge because it is primarily an easement. Mr. John was concerned that the purchasers of Lots 66 and 67 will be unaware of the future pedway on the back of the lots. Mr. Crockett stated they will identify the sidewalks on the final plat so that will not happen. Mr. John asked if it would be on the individual plot plans of the lots. Mr. Crockett replied if that was desirous, yes. Mr. John remarked that it would be a good idea. Mr. John voiced concern about Lot 106 never being developed and the fact that it would be three years before that section of pedway would get built. Mr. Crockett said it would not matter if it was 200 or 300 feet short because it was not going anywhere from that point on. Mr. John clarified not until the street gets built or three years down the road. Mr. Crockett concurred, but he hoped it would not be three years.
    Mr. Janku asked if traffic calming devices would be installed similar to that on Rain Forest. Mr. Crockett indicated they have not proceeded with any kind of final design. He reported they thought since there is no frontage of any lots, and there would be no parking of any consequence on the street, the narrow roadway will slow the traffic down some. He said there is also quite a grade change which will help slow traffic.
    Mr. John made the motion that R96-03 be amended so that the plot plans for Lots 66 and 67 shall include descriptions of the eight-foot pedway. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    The vote on R96-03, as amended, was recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R97-03     Adopting a Rates, Charges and Lease Policy and Fee Schedule for the Columbia Regional Airport.
    The resolution was read by the Clerk.
    Mr. Beck explained that the FAA has recommended that all airports establish a formal policy regarding revenue activities. This will formalize the City's policy consistent with their requirements, but will not change revenues or any of the agreements we have at the Airport.
    Regarding the section about farm tenants, Mr. Loveless noted that in the general description it does not mention any kind of agriculture reference. Mr. John commented that it says tenants "may" contract for land upon which to build and occupy a structure. He read it as they did not have to build or occupy a structure. Mr. Loveless said he was fine with it as long as it does not eliminate the City's lease for agricultural purposes. Mr. Patterson did not feel it would restrict that from occurring, and he thought it would cover all the current leases and those anticipated in the future.
    Mr. Janku asked if the City has the right to buy out a farm lease before the ten years has expired. Mr. Patterson replied that language is in the leases and this amendment would not restrict such.
    The vote on R97-03 was recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R98-03     Authorizing an agreement with John F. Mulligan, Jr.
    The resolution was read by the Clerk.
    Mr. Beck explained that this has been discussed by the Missouri Municipal League Board of Directors. He stated that University City initiated a lawsuit regarding the collection of gross receipts tax from wireless telephone companies. A report was sent to the Council indicating the various cities who are jointly participating in this lawsuit. It is felt that Columbia should join it as well. The immediate cost would be $19,671 in legal fees, but the City could collect as much as $900,000 per year in additional tax revenue.
    The vote on R98-03 was recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

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

B133-03     Voluntary annexation of property located on both sides of Teton Drive, on the south side of Yosemite Avenue; establishing permanent zoning.
B134-03     Voluntary annexation of property located on both sides of Bethany Drive, east of Scott Boulevard; establishing permanent zoning.
B135-03     Voluntary annexation of property located on the northwest corner of Wyatt Lane and Opal Drive; establishing permanent zoning.
B136-03     Voluntary annexation of property located on the southwest corner of St. Charles Road and Grace Lane; establishing permanent zoning.
B137-03     Rezoning property within the Benton-Stephens Neighborhood from R-3 to R-1.
B138-03     Rezoning property located on the south side of Aspen Drive, approximately 275 feet west of West Boulevard; approving the C-P Development Plan of University Chrysler, Phase 2.
B139-03     Approving the final plat of Auburn Hills, Plat 6.
B140-03     Approving the final plat of Vanderveen Crossing, Plat No. 11.
B141-03     Approving the final plat of Limerick Lakes East.
B142-03     Approving the final plat of Eastport Village, Plat 3, a replat of Lake of the Woods South, Plat 3.
B143-03     Approving the final plat of The Cascades, Plat 2.
B144-03     Approving the final plat of Lakeshore Estates Subdivision, Plat 5, a replat of Lot 5 of Lakeshore Estates Subdivision, Plat 1; granting a variance to the Subdivision Regulations.
B145-03     Approving the final plat of Highlands Circle, Plat 3, a replat of Lot 6A of Highlands Circle, Plat 2; granting variances to the Subdivision Regulations.
B146-03     Authorizing a development agreement for Auburn Hills Subdivision with WWB Development Company, LLC.
B147-03     Authorizing the acquisition of easements necessary for the construction of a portion of Brown School Road east of State Route 763.
B148-03     Authorizing the acquisition of easements necessary for the construction of the Paris Road and Ann Street Drainage Improvement Project.
B149-03     Accepting easements for drainage, sewer, sidewalk and street purposes.
B150-03     Authorizing an easement agreement on behalf of the City with Dana Corporation for location and access of standby generator.
B151-03     Accepting easements for water main purposes.
B152-03     Amending Chapter 16 of the City Code to add a new article establishing a juvenile curfew.
B153-03     Calling for bids for the replacement of the MKT Parkway Bridge No. 6; appropriating funds.
 

REPORTS AND PETITIONS
(A)     Inter-department Transfer of Funds.
    Report accepted.
 

(B)     Bicycle and Pedestrian Commission recommendations on Old Route K (west of Providence Road); Old 63 and Stadium Boulevard area.
    Mr. Loveless made the motion that staff be directed to prepare a report with possible design treatments for the bridge. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
    Mr. Ash thought the markings on the bridge by Reactor Field could be done in a partnership arrangement with the University.
 

(C)     Vacant tracts of land zoned for multi-family development.
    Mr. Loveless made the motion that the Planning and Zoning Commission begin the proceedings on studying how stale zonings can be dealt with by the Council. The motion was seconded by Ms. Crayton.
    Mr. Hutton commented that if the Commission comes back with a recommendation that the Council down zone some of the property, it would be a hard sell in some cases. His point was the Commission will have to go through quite a bit of work to come up with a recommendation, and the Council should be prepared to "bite the bullet" when they offer their report.
    Mr. Beck noted this issue involves about 20 tracts. Mr. Dudark clarified that out of the 20, there are probably six that would be problematic. Mr. Beck asked what the Commission will be expected to do. Mr. Dudark replied the Commission would be asked to bring back a list of the sites where they believe there are problems with the current zoning. It would not be a recommendation on zoning.
    The motion made by Mr. Loveless, seconded by Ms. Crayton, was approved unanimously by voice vote.
 

(D)     Golden Knights Memorial Day Request.
    Mr. Hutton made the motion that their request be granted as written. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
 

BOARDS AND COMMISSIONS
    None.
 

COMMENTS BY COUNCIL, STAFF AND PUBLIC
    Ms. Crayton spoke about cars pulling in and out of Again Street Park and the possible illegal activity that is occurring. She asked for more lighting in this area.

    Ms. Crayton again reported that the pedestrian safety poles on Vandiver are in bad shape. Mr. Patterson noted a work order had been issued and said he would check on its progress.

    Ms. Crayton passed around a picture of a hole near the street in front of 207 Park Avenue. She requested that staff look into the issue.

    Ms. Crayton reported that the juvenile curfew bill was first read this evening and hoped the new ordinance will help alleviate problems in her ward. She asked parents to monitor their children.

    On Vandiver, east of Parker, Mr. Janku noted the sidewalk on the north side is uneven. He was hopeful it could be corrected this summer.

    Mr. Janku spoke about a report the Council received in regard to street striping. He reiterated his concern about Creasy Springs being striped.

    Mr. Janku had been notified of a pavement problem at Texas and Garth. He was hopeful it could be smoothed out this summer.

    Mr. Loveless had been contacted by a constituent who was upset about free newspapers which are tossed in the street and are not being picked up. He asked if there was a way for the City to deal with the situation. Mr. Boeckmann replied that the Tribune and Missourian both have policies wherein they will stop delivering the free papers if people call and tell them to stop. He said the problem is carriers change and a person might have to keep calling to remind them not to deliver the papers. Mr. Boeckmann reported that if the papers are not being thrown on the constituent's property and that another resident is not picking them up, that would be a problem. He pointed out there are first amendment issues with the distribution of newspapers. Mr. Ash asked how this is different from littering. Mr. Boeckmann replied that typically when the litter ordinance is enforced, it is enforced against the victim for not cleaning up their littered lawn. He said staff could contact the newspapers about the issue. Mayor Hindman thought it should be obvious to the carriers not to throw papers to homes where they are not picked up. Mr. Janku pointed out the carrier is probably being paid for every paper delivered, so they have no incentive to stop delivering to a resident who is not picking up their papers.

    Mr. Loveless noted mention made earlier by Ms. Dokken about amending the City's landscape standards to accommodate absorption of storm water. Currently, the curbing around parking lot landscape islands prevents storm water from being absorbed. Mr. Loveless hoped that the Storm Water Committee will present recommendations in regard to this issue. He thought it would be a considerable benefit to the City's storm water regulations to design landscaped areas specifically to absorb runoff. For clarification, Mr. Patterson thought it was probably more of a difficulty with the types of trees or bushes planted in the islands than with City standards. He said they have actually designed those recessed areas, but he thought the developers are claiming the trees would block the flow. Mr. Patterson reported the Committee is developing Best Management Practices that will give better guidance on how to design these kinds of basins, but City regulations do not currently prohibit the installation of such.
    Mr. John commented that the City's parking lot landscape ordinance requires that trees be evenly spaced. If there are trees with large root systems, that would cause problems in trying to set up small drainage systems. He indicated this would conflict with current City standards.
 

    Mr. John recalled an earlier discussion this evening about the seas of duplexes in Columbia and how it is a problem. He believed the problem is they are not under unified ownership, as an apartment complex generally is, so there are some individual owners who are not maintaining the duplexes as well. He indicated that starts a downward spiral in the area, especially as it breaks up into smaller and smaller groups of ownership. In the past, Mr. John said it has been very hard for a developer to obtain high density approvals from the City Council. He realized it was hard on a neighborhood to accept R-3 or higher density, but he maintained the seas of duplexes have been created not so much by developers desiring duplexes, but because it was the only way multi-family rental properties could be built. Mr. John commented that the PUD-10 at Auburn Hills is a good example of what can be done, and the City needs to ensure our policies permits the wherewithal and the will to allow high density development.

    Mayor Hindman received complaints today about the Crestvale Mobile Home Park situation since the residents were given 120 days to vacate. The complaints are about a burnt out mobile home that is not being moved and children are playing around it. There is also ponded water and in some cases water has been shut-off to the homes. Residents claim they have called in these complaints, and staff has taken a "hands off" attitude. Mayor Hindman asked that it be looked into.

    Mayor Hindman voiced concern about the storm water situation brought up earlier with regard to water coming onto a lady's property as a result of development. He believed the average citizen is likely to blame the City and expect us to remedy it, even though it is the result of a developer's lack of regard to runoff that affects properties at lower elevations. He thought this can create bitter feelings and gives the impression the City has not done its job if the homeowner is forced to correct the situation via civil action. Mayor Hindman wondered if there is some kind of system that could be implemented to require home builders to establish an insurance fund. The premiums would be low as long as there were no complaints.
    Mr. Janku thought it came down to standards and noted that Mr. Patterson and the Storm Water Committee have been working on regulations that would address this issue. He said it is a question as to when such a recommendation was going to come forward and whether it would come from the Committee or brought forward separately. He related that storm water runoff pertains to the whole issue of grading land and how it affects adjoining properties. Mr. Janku agreed with Mayor Hindman in that people think this is the City's responsibility. He commented that it is one thing to see water running naturally downhill, but when storm water is collected and funneled into a pipe that is directed into someone's backyard, after such a method is approved by the City, it is hard to say we should not step up and figure out a way to solve the problem without adversely impacting that homeowner's property. Mr. Janku pointed out that residents pay a storm water utility fee each month and some wonder how it is being spent.
    Mayor Hindman commented that he wanted to see some kind of real incentive from the building community to ensure storm water problems do not occur. Mr. John noted that the street causing this particular problem on Spruce was constructed ten years ago. Mayor Hindman remarked it is known that as new subdivisions are being developed, many times the people downstream in the older developments are having big problems. Mr. John related the other side to that is the people downstream who install landscaping, flower beds, etc., and block the natural drainage way. These individuals then get upset when storm water removes this landscaping. Mr. John suggested developers design to the 50 or 100-year flood.
    Mr. Ash asked about some type of surety bond wherein the City would hold it for "x" number of years until it could be determined there are no runoff problems. If there are problems, the money could be used to alleviate such.
    Mayor Hindman asked if this issue is already in the works. Mr. Patterson did not think there has been any discussion of setting up some kind of fund, but the Storm Water Committee is working in the area of trying to strengthen the ordinances both for construction and post-construction runoff. He reported these are some of the issues staff has been struggling with also -- how to best enforce this kind of regulation. Mr. Patterson explained one of the issues the City needs to deal with is the reasonable development of property and the impact this development may have on tracts that were improperly developed downstream. He wondered if it is appropriate to penalize the developer in this kind of situation.
    Mayor Hindman indicated the City needs to prevent this from occurring. Mr. Hutton noted that is the purpose of the storm water utility. Mr. Janku clarified the utility's priority has been to correct home flooding.
    Mr. Loveless inquired that when the City permits a development and the runoff is piped into a drop inlet and then opens up to a ditch to run between a couple of properties and goes into another pipe underneath the street, whether the City has an easement on this drainage way and if this is a dedicated part of our storm water infrastructure. Mr. Patterson responded that some are and some are not. He explained the City requires storm drainage easements in new developments. Up to this point the City has maintained hydraulic capacity only as far as the maintenance of open channels. Mr. Patterson reported that staff has not tried to prevent yard flooding or erosion. If an open channel becomes a relatively steep sided ditch between two yards and the banks continue to cave in, Mr. Loveless asked if the City comes in and re-grades the area. Mr. Patterson responded this has not been done in the past. He said with the limited amount of money in the utility, staff's priority has been geared toward the safety of human life and immediate property such as house flooding, structure flooding, and street flooding that prevents the passage of emergency vehicles. As staff is able to respond to lower priority projects, he said they can start doing that, but right now a lot of money is being spent to fix the old problems. If the landowner decides they want to do something with the ditch, Mr. Loveless wondered if the homeowner would have to apply to the City for permission to do this work. Mr. Patterson replied that if the area is in an easement, a permit would be required. However, in previous instances the City has provided engineering assistance if the homeowner is willing to make corrections on their own. Mr. Patterson reported that when the resident is willing to make the investment to install a channel or conveyance system that meets current standards, the City will then accept maintenance of the drainage structure. He indicated the City has not been able to accept maintenance of open channels. Mr. Patterson also pointed out the new building code has established standards for grading away from foundations, grading in low areas, and raising footings and foundations above curb elevations. He noted that there has been some real progress in the past year, but that does not solve the problems with older developments. Mr. Patterson stated that staff will continue to work on finding a solution to runoff problems.
    Mr. Hutton believed the key is strengthening the storm water ordinances to the point where no additional problems are created with new development.

    Mayor Hindman made the motion to hold a closed meeting at 6:00 p.m. on Wednesday, May 7, 2003, and 6:00 p.m., on Monday, May 12, 2003, in the Fourth Floor Conference Room of the Daniel Boone Building to discuss the hiring of associate municipal judges. The motion was seconded by Ms. Crayton with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Motion passes.

    The meeting adjourned at 11:05 p.m.

                                                                                        Respectfully submitted,

                                                                                        Penny St. Romaine
                                                                                        City Clerk