OCTOBER 6, 2003

    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, October 6, 2003, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH and HINDMAN were present. The City Manager, City Counselor, City Clerk and various Department Heads were also present.

    The minutes of the regular meeting of September 15, 2003, were approved unanimously by voice vote on a motion by Mr. Ash and a second by Mr. Hutton.

    Mayor Hindman noted that B343-03 will be added to Introductions and that Report C will also be added.
    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. Ash.


(A)     Hunter Graves - Need for another golf course on the southeast or southwest side of Columbia.
    No speaker came forward.

(B)     David Wilson - Response to Media Com/Charter Communications' proposed public access.
    David Wilson, 1810 Riback Road, Vice-President of CMRA, explained that the group had submitted a packet of information as well as a petition to the Council. He added that other petitions were still in circulation. The group requests that the Council reject the proposal by Media Com and appoint members from CMRA to the Citizens Cable Advisory Task Force. They are also hopeful the Council will request bids from cable franchise consulting firms. Mr. Wilson noted specific recommendations in the proposal based on what other cities have established.

(C)     Dr. Trish Blair and others - Invitation to kick-off the Iodized Salt Drive.
    Mrs. Virginia Edens introduced a student from Kutaisi, our sister city, who brought greetings from the Republic of Georgia. Mr. Yukludzi expressed gratitude and satisfaction with the partnership they enjoy with the City. He thanked everyone for their continued support of his people with the iodized salt contributions.
    Mrs. Edens, 817 Colgate, also brought greetings from Kutaisi. She invited everyone to attend the kick-off of the Iodized Salt Campaign tomorrow at 10:00 a.m. at Shelter Gardens. She thanked the citizens of Columbia for responding so positively to the previous campaigns.
    Mayor Hindman reported that the citizens of Columbia have made a significant difference to the people of Kutaisi over the past two years and asked that they continue the spirit of giving. He indicated that a portion of the monies donated this year will be used to set up a fund for an iodine plant so the citizens of Kutaisi can become self-sufficient.

B281-03     Rezoning property located on the north side of Grindstone Parkway, between Green Meadows Road, extended and Rock Quarry Road from A-1 to C-P; approving a C-P development plan.
    The bill was read by the Clerk.
    Mayor Hindman re-opened the public hearing and asked that testimony be limited to changes to the proposed plan or matters that were not discussed previously.
    Craig Van Matre, an attorney with offices at 1103 E. Broadway, explained the changes made to the C-P plan as a result of comments received from the Council and staff.
    Mr. Van Matre spoke about the reduction in parking spaces by 176 which will be held in reserve, and kept green, until authorized to be placed in to use by the director of public works. He pointed out the location of the temporary parking places and said the developer would like to have some flexibility in their actual location because they need to ensure the spaces are in the best place. He asked that the director of public works be authorized to approve minor changes as long as the number of reduced spaces in the lot remains the same.
    Mr. Van Matre pointed out the proposed outdoor sales area in front of the lawn and garden center where Wal-Mart will be allowed to conduct seasonal sales. He listed restrictions for the area as follows: seasonal sales will only be allowed in this area, and goods for sale in this area will have to be stored so as not to contaminate ground water or get blown by the wind. Except for this area, he said no outdoor storage of goods will be permitted nor will there be any outdoor storage in trailers.
    Regarding signage, Mr. Van Matre reported the Council had been furnished with complete diagrams and pictures of the building and free-standing signage throughout the development. He indicated that staff approved of such and he believed the signs are consistent with the nature of the development, are reasonable in size and number and appropriate for the site.
    In reference to outdoor lighting and in recognition of its importance, Mr. Van Matre stated the light poles have been reduced from 42-feet to 35-feet. He said the lights will have "shoe box" type blocks around their perimeter with flat lenses so as to prevent glare. It is believed the light limitation of a half-foot candle, perceptive at any point around the property's boundaries from a height of five-feet above ground, is the appropriate limitation under the circumstances. Mr. Van Matre reported they think the light problem will be substantially lessened by the topography. He noted that they consider this a concept in flux and they expect to be policed on the issue. He said when operational, if the City staff measures glare and discovers in fact there is glare coming from the site that is deemed excessive, they will tinker with the light poles in terms of reducing the luminescence of some of the poles, or shield them further so that the illumination outside the boundary area is minimized to the maximum extent possible.
    Regarding the screening of roof equipment, it was Mr. Van Matre's belief that the geometry of the site will screen the equipment on the roof from passers by. He pointed out the parapet is five-feet above the actual surface of the roof and most of the equipment is less than five-feet in height. If this is wrong, he said they will have the obligation to screen any roof equipment from view.
    Mr. Van Matre addressed the issue of the perceived landscaping or screening insufficiency on the north side of the development (rear of the store). For that reason, he stated the developer will use the same exterior materials for the back of the store as is used for the front of the store, with the exception of signage. He noted the loading dock for the trailers will be placed at the side of the store. Mr. Van Matre related that a six-foot black vinyl fence and landscaping will be planted intensely enough so that passers by on Gray Oak Drive will not be able to see the rear of the store. He pointed out that the director of planning has the authority to order additional landscaping if it becomes necessary. Landscaping along the north side of the drainage basin will also be added to obscure it from the view of passers by. Regarding trees that were cut in the climax forest preservation area, Mr. Van Matre said to the extent that those trees were logged, the present land owner will have these replaced. He did not think many trees were removed from the site, but new trees will be planted.
    Mr. Van Matre noted that a conservation easement had been communicated as necessary to protect the park on the east end of the proposed development. He said he prepared such an easement running from the developer to the City and had given it to the City Counselor for his review and approval. He remarked they were willing to grant the conservation easement either to the City or to an appropriate charity if that is the City's wish. Mr. Van Matre pointed out that some of the neighbors are concerned about the appearance of the architectural features of what will be built on the park after it is developed. He related that the developer will solicit neighborhood input, both as to the appearance of the fountain and to the installation of some appropriate commemorative marker to designate the Scenic Rock Quarry Road.
    Regarding a roundabout and acceleration lanes, Mr. Van Matre said they had met with the MoDOT district engineer on October 1st to discuss these amenities. He reported that MoDOT does not want acceleration lanes and that the installation of a roundabout will have to be studied at a later date. For the time being, MoDOT will not approve either proposal. A letter to that effect was sent to the public works director.
    Mr. Van Matre spoke about comments made by Ms. Crayton in regard to her desire for bus service to the development. If routes are added by the City, Mr. Van Matre stated Wal-Mart will build a semi-enclosed waiting area along Green Meadows at the discretion of and subject to the review of staff, but at the developer's cost. He said they will permit the City to load and unload passengers within the development.
    Mr. Van Matre reported that the developer will be obligated to landscape and maintain the landscaping in the median along Grindstone Parkway for its entire length. The developer will also be obligated to install and maintain landscaping in the traffic medians and the right in/right out restrictors located at the two entrances to the development off of Grindstone Parkway.
    In reference to pedestrian safety on Green Meadows, at the main entrance of the development, Mr. Van Matre commented that the developer has agreed to assume the obligation of installing a pedestrian traffic signal which will stop the right traffic lanes long enough to permit pedestrians and bicyclists to cross the intersection safely. This will also be subject to staff approval. In addition, connecting sidewalks will be installed along Grindstone Parkway from the pedway and the developer will construct a pedway along the entire length of Grindstone Parkway. He pointed out four sidewalks from the pedway into the development.
    Mr. Van Matre addressed the previous comments made about the storm water problems behind the Conley Road Wal-Mart. In conjunction with suggestions from City staff, he stated that Wal-Mart will resolve these problems in good faith to the maximum extent of their ability to do so in the very near future. They felt they could legally fund some of the necessary improvements through the establishment of a transportation development district in this area.
    Mr. Van Matre reported the developer will assume and continue to have the following maintenance obligations for the development, which will follow the owner of the development, to repair, maintain, replace and ensure the continued effectiveness of the landscaping, the parking lot filters, the retaining wall, the lighting limitations previously referred to, the surface water drainage structures, the park on the east end of the development, and all of the other aspects and promises they have made to the City.
    Regarding enforcement by the City of the developer's promises, Mr. Van Matre noted present City ordinances currently provide for two remedies if the developer were to violate any of their promises -- the director of public works is authorized to prosecute or deny permits or to file lawsuits, and they are willing to enter into a developer's agreement with the City which will set forth in detail each and every promise they have presented in the context of this application.
    Mariel Stephenson, 2111 Rock Quarry Road, questioned the sky lights. In terms of light pollution for a building that is open 24 hours per day, she said it will cause a problem at night. Mayor Hindman explained that he had brought up the issue because sky lights are highly recommended for energy savings. Ms. Stephenson suggested that Wal-Mart install some type of shade that could be pulled over the sky lights at night.
    Jan Pritchard, 3505 Rock Quarry Road, felt the conformity issue had not been completely resolved. Of the dozens of zoning issues she has participated in, she felt this to be the least amenable to the site. She noted the surrounding residential subdivisions in the area, with the only existing commercial site being on the west side. She said the rest of the site has been proposed, even under the development plan, for mostly residential property. Almost all of the acreage north of the site in the Rock Quarry Road Special Area Plan is shown as residential of some density or another. Ms. Pritchard related that the mixed use in this area was to be residential and neighborhood residential. She did not think this plan conformed with the Special Area Plan or anything else that is already in the neighborhood.
    Scott Hamilton, 805 Mikel, voiced his opinion about jurisdictional waters of the United States which traverse this property. As such, he said they are subject to the authority of the Clean Water Act, Sections 404 and 401. He explained the two certifications. Mr. Hamilton was very disappointed that some of his tax dollars would, in a sense, subsidize a driveway to Wal-Mart.
    Karl Skala, 5201 Gasconade, suggested that the Council seek guidance from the Water and Light engineers on the complex lighting issue. He said simply reducing the height of the poles will not satisfy the problem. He suggested the Council require a photometric report so the changes could be evaluated on the lighting plan.
    Johann Holt, 700 Demaret, spoke on behalf of the Osage Sierra Club in opposition to the rezoning and the proposal. He listed the harmful impacts they saw the development creating as follows: the closing of smaller businesses, losing Columbia's appeal for its thriving downtown, the impact on the Hinkson Creek watershed, and the creation of additional traffic and safety problems. He called for independent storm water reviews before any developments of this magnitude are allowed to occur.
    Ken Midkiff, 1005 Belleview, spoke on behalf of the National Sierra Club. He noted that the Council has previously received letters from him detailing why no project of this nature should be allowed within the Hinkson Creek Watershed. He distributed information on requirements of the Clean Water Act and the Code of Federal Regulations, among other things. He noted that the Wal-Mart facility will be required to obtain a Stormwater Phase II (NPDES) permit from the Water Pollution Control Program of the Missouri Department of Natural Resources due to a land disturbance of more than one acre. Unless no land is disturbed, no roof is placed on the building, and no parking lot is built, Mr. Midkiff maintained the project could not receive such a permit because any of these things will cause or contribute to the violation of water quality standards for Hinkson Creek. Until the permit is issued, he said the status of Hinkson Creek as impaired by unknown pollutants essentially places a moratorium on any project that will cause or contribute to any water contaminants within the watershed. Mr. Midkiff commented that it is not sufficient to simply reduce or minimize contaminants because federal regulations absolutely prohibit any discharges.
    Mr. John asked if he understood Mr. Midkiff to say that no property within the Hinkson Watershed should be developed. Mr. Midkiff replied that was correct. Mr. John said that would be everything from Scott Boulevard, Meredith Branch, to Route B, including Grindstone, Hominy, and Hinkson. Mr. Midkiff replied in the affirmative and said any tributaries of Hinkson Creek. Mr. John remarked that would be three-quarters of the City of Columbia, which results in a moratorium on all construction inside the City of Columbia that would disturb ground. Mr. Midkiff acquiesced. Mr. John noted yet this is the first time Mr. Midkiff has spoken against development within the Hinkson Watershed area.
    Dana Watts, 108 Granada, spoke in opposition of the rezoning and plan.
    Carolyn Mathews, 4200 Rock Quarry, read a letter she sent to the Council (attached to the legislation). She spoke in opposition.
    Michelle Wheeler, 2011 Vine, spoke against the rezoning request as well as the development plan. She spoke of her concerns relating to traffic.
    John Clark, 403 N. Ninth, asked the Council to protect the integrity of the planning process adopted in the Metro 2020 Plan. He remarked this Plan set out that land use and zoning changes would be reviewed as two separate issues. Mr. Clark suggested that the Council direct the Planning and Zoning staff to develop the regulations to implement Section 2.3 of the plan mentioned above.
    Julie Youmans, 2101 Rock Quarry, commented that when Rock Quarry Road residents saw the depiction of the monumental, large stone fountain and flag poles, it did not seem to reflect what is contained in the Scenic Road ordinance. Although they love the park idea, she said they would prefer that the fountain be scaled down as well as some of the equipment in the park. Ms. Youmans stated that residents would like to see the park remain as more of a preserve and a conservation area. She suggested that experts and a citizens task force be allowed to help develop the park.
    Regarding citizen input on the park design, Mr. Van Matre remarked the developer will be happy to cooperate with that suggestion.
    Mayor Hindman asked Dr. Morris to respond to the storm water concerns. Dr. Morris understood in this process, the developer will have to obtain the necessary permits. In that process, generally what happens is that best management practices are applied to water quality issues. He said those would have to be met by the developer before any permits could be issued. Dr. Morris believed it to be premature at this point to say what exactly would be required. From the way the project has been laid out, he thought the developer has applied the best management processes to such. Although, that is yet to be determined by the reviewers.
    Mr. Loveless asked Dr. Morris if he had any thoughts on what Mr. Midkiff had to said about the drainage basin. Dr. Morris was of the opinion it was not that cut and dried. He said that is the purpose of the permit process - to bring the best management practices to the problems in the water quality issues in lieu of the TDML's Mr. Midkiff mentioned. Dr. Morris related this will be done at some point in time which will provide more specific information about how development should proceed and what will be required of those developments.
    Mr. Ash asked if a certain percentage of storm water from the parking lot will be detained and filtered. Dr. Morris understood that all the flow from the parking lot will be filtered through the inlets. In terms of the detention, he said they have chosen to detain part of the water off the site and part of it will be released, but to the effect that the overall flow from the site will be as it was prior to the development in terms of the peak discharge. Mr. Ash remarked that he has heard from residents of Seven Oaks, a subdivision located downstream from the property in question, and they feel like they are already at the maximum. He wanted to ensure that storm water run-off post-development will be at the same level it was prior to development. Dr. Morris felt that was correct. In terms of the volume and timing of the peaks and whether or not this development will contribute or detract from the peak depends on the timing issue which has not been reviewed. It is Dr. Morris' opinion, without that kind of detailed analysis, it is equally likely the project may reduce the flood peaks as well as make them larger. Based on the fact the development will not releasing any more than in the natural situation, it was his opinion that run-off will probably not be increased.
    Mayor Hindman closed the public hearing.
    Mr. Hutton asked Mr. Dudark to address the consistency of this development with the Special Area Plan. Mr. Dudark explained that this particular project has more commercial shown in its acreage than that of the Special Area Plan, which showed more mixed use. Mr. Hutton noted the commercial area is larger and the mixed use area is much smaller. Mr. Dudark replied that is correct. All in all, when the two areas are combined, he said the total will be within the overall Plan. Mr. Dudark remarked the smaller commercial area in the Special Area Plan has been expanded by this development (the road on the north has been moved farther north so the office shown previously on the Special Area Plan is now commercial under this plan). He said it increases the whole somewhat.
    Mr. Hutton wondered about the light poles. Mr. Dudark understood the lighting would more intense with a lower pole than with a higher pole. He acknowledged at the same time there might be a little less light spillage with a shorter pole as the higher pole would provide more coverage. Mr. Hutton inquired as to how much light would be in two foot candles. Mr. Dudark said he was not familiar with it, but thought it would be well-lit enough for a person to get to their car without stumbling over a curb. Mr. Hutton questioned how this lighting would compare to that of a standard street light.
    Mr. Hutton wondered about the black vinyl fence. Mr. Maly explained it as a cyclone fence with vinyl sheets slid in. Mr. Hutton clarified that it would be a chain link fence with slats in it. Mr. Maly said that was correct.
    Mr. Hutton asked Mr. Skala to explain the foot candles. Mr. Skala expounded on lighting. When reducing pole height without reducing the lamp output, it increases the uniformity ratio, which is unwanted. He said the developer would end up with "hot spots."
    Mr. Hutton inquired as to whether the signage they are being asked to approve is in excess of what would be allowed in C-3. Mr. Dudark felt that to be true based on the consistency of the design submitted.
    Mr. Loveless noted that the sign plan the Council received only identifies signs relative to the Wal-Mart store itself, but does not address signs on the ancillary retail and mixed use buildings. He questioned if the Council would have to approve plans for these signs as well. Mr. Dudark believed the signs shown on the plan to be the total signage for the project. He reported the monument signs are for each of the out lots and the two pylon signs are for the development itself. The other signs are on the walls of the buildings or are directional signs for the parking areas.
    Ms. Crayton asked if the storm water run-off could be retained in some way so it could be used to irrigate the landscaping. Dr. Morris replied that could be done, but noted a risk in that if the water is held in the detention basin, it is not available if another storm were to follow quickly. He said the volume of the detention basin could be increased to accommodate that. Dr. Morris explained the different options they have considered.
    Mr. Ash commented that he believed the primary concern of residents to be that because Rock Quarry is a very dangerous road, they do not want Gray Oak to be extended to Rock Quarry. If a condition of approval is that Gray Oak not be extended, he asked whether the stop light would remain or if there are other alternatives. Mr. Dudark felt removal of the traffic light was only one of the reasons that supports the extension of Gray Oak Drive to Rock Quarry. The other is to provide a route for residents to access the facility from the north without venturing out onto Route AC. He spoke of the need for "rearage roads" to support large developments. He did not believe having a connection from Green Meadows to Rock Quarry will increase the amount of traffic. He said it would just increase the routing of that traffic. Mr. Dudark noted that if Gray Oak is not extended, then traffic from the north will still come down Rock Quarry Road, but it would then have to go out on Route AC. He reported that Gray Oak was identified in the Rock Quarry Plan for a reason -- it was to provide a route to and from the residential, mixed use and commercial areas as a secondary route to disperse traffic. Mr. Dudark explained arterial streets are not designed for short trips and to utilize them in this way is not providing the best use of the system.
    Mr. John commented that the planning department has been working with the developer of this project for almost a year to review traffic and storm water issues. In addition, the Planning and Zoning Commission as well as the Council have evaluated the aspect of this plan twice. He believed some the concerns being expressed are not issues the Council needs to resolve at this time.
    Mr. Janku recognized the plans differ to some degree in significance from what was approved, but as he looked at it, it became important to him that the Special Area Plan had some goals in mind. One was that this area, Rock Quarry Road and Hinkson Creek, maintain its special character. He thought the Plan attempted to step down as it approached Hinkson Creek. Mr. Janku noted the developer also preserved significant amounts of green space in the area. The Special Area Plan was an attempt to allocate uses in ways to maintain the land values for property owners, but at the same time the public could obtain certain benefits. In a mixed use development, Mr. Janku was not sure if there would be any more or any less impervious surfaces than will be created by this development. He did not think this project necessarily alters the storm water impact. Because of the size of this plan and the dollars involved, he noted the developer can install some pretty significant storm water management techniques. Absent the one significant change, Mr. Janku said this development accommodates the rest of the Plan. With the buffering being proposed, he was sure Mr. Stephenson was comfortable that his property will develop consistent with the surrounding land. Mr. Janku thought the landscaped buffers, lighting and other issues may need to be amended and strengthened at some point in the future, but at least the project accommodates the use and from that use the less dense residential can proceed. The plan identifies the preservation of the climax forest area which is designated for open space in the land use plan, and also provides for the preservation of Scenic Rock Quarry Roadway as the developer is donating 2.5 acres for a park. Mr. Janku said it is important that this will allow the rest of the Special Area Plan to be implemented.
    Regarding the connectivity of Gray Oak through to Rock Quarry, Mr. John pointed out that the road plan always had a street coming through from the Green Meadows alignment to Rock Quarry Road. To make the Rock Quarry Road Plan work, he explained that either all the traffic in this area has to go out to Rock Quarry Road to get into town, or get on to Grindstone and come back around to Providence Road. Mr. John believed providing inter-connectivity is very important. He related that the Council has seen cases where it is very obvious roads should have been connected, but it was easy at the time not to do so because residents did not support that concept. Mr. John maintained the Gray Oak connection needs to be made because otherwise traffic will be funneled to a couple of points instead of letting it spread and flow in a more even manner.
    Mr. Ash spoke of his concern that if the Gray Oak connection is made, that could encourage more people to drive on Rock Quarry Road.
    Mr. Hutton pointed out that Gray Oak Drive does not connect to Rock Quarry Road on this plan.
    Regarding the Rock Quarry Road Special Area Plan, Mayor Hindman felt this project is a modification from that Plan, but not removed from the spirit of the Plan. Although the commercial area is significantly larger, he felt the principles remained the same with the added attraction of the park, which is not shown on the Special Area Plan. Mayor Hindman maintained that the Council could not restrict who was or was not going to bring markets to Columbia. It was his opinion that an advantage in this case is that there is a single developer assuming control of the entire tract and frontage along Grindstone Parkway. He felt that some of the things the City has asked of the developer, and they are willing to do, would not be possible with smaller tracts. In reference to traffic, Mayor Hindman agreed there is no question that the development will impact traffic on Grindstone Parkway as well as the entire area. He also appreciated that the applicant has found tenants for the present Wal-Mart facility and the Nowell's building. Mayor Hindman was concerned about storm water and he believed Hinkson Creek needs special care. He said it is a remarkably beautiful creek with the potential of being a terrific recreational resource for the City of Columbia as time goes on. Mayor Hindman noted the biggest problem with the creek right now is the storm water run-off from the Wal-Mart in the Broadway Marketplace. He said if that situation is corrected, it will be a major achievement for the benefit of Hinkson Creek. He gave assurances that City staff will work with this developer to see that the situation is resolved. He spoke of the considerable amount of landscaping involved with this project and pointed out the City will be gaining a considerable amount in pedways and trails. Mayor Hindman acknowledged the lighting situation needs some work, but he is sure it will be resolved. In regard to Gray Oak, he still supported the roundabout concept and with proper traffic calming, cut-through traffic could be discouraged.
    Mr. Hutton agreed a positive aspect with this development is that the property will be developed in one piece as opposed to piecemeal wherein the City would not have the same controls with regard to storm water issues and impervious surfaces. He still is concerned by the amount of lighting being proposed and asked Mr. Boeckmann if what the Council is considering tonight is a preliminary plat. Mr. Boeckmann replied the plan will serve as one and added that lighting is not something the Council could take up at the time of final platting. He pointed out a provision in the ordinance in reference to a development agreement. Mr. Boeckmann suggested that when the Council considers the amendment sheet, that they also include a provision that the development agreement include all promises and representations made by the developer at this and the previous public hearing. He recalled early representations made pertaining to lighting. Mr. Hutton spoke of his desire to see some type of analysis by a lighting engineer for a recommendation as to the foot candles of light needed.
    Mr. Van Matre stated the developer understands the Council's concerns with regard to light spillage. He indicated that the developer is not opposed to the Council stipulating in the ordinance and/or the developer's agreement that the lighting must be evaluated from time to time to ensure that it is not broadcast beyond the boundaries of the property, yet still maintains the safety and security within the property. He said they are looking to do anything reasonable to keep the light from propagating outside the boundaries.
    Mayor Hindman thought he and Mr. Hutton were also concerned about the intensity of the light on the premises. Mr. Hutton said that was correct, he is more concerned about it being five or six foot candles in some spots in the parking lot. Mr. Van Matre agreed that did sound too intense and he thought it could result in spillage. As part of the developer's agreement, Mr. Van Matre said they will present an analysis by a lighting engineer and give the City staff and/or the Council the opportunity to comment and adjust such so the goals articulated tonight are achieved.
    Mr. Loveless complimented the developer and he thought this proposal was about as good as it could be for the scale it is, but he still had concerns. He said the scale of the project will introduce more traffic than he is comfortable with. Mr. Loveless did not believe the proposal complied with the spirit of the Rock Quarry Special Area Plan. He thought the commercial being proposed is too much and extends too far east. Mr. Loveless maintained this to be a well thought out plan, just in the wrong location.
    Mr. Ash pointed out that the developer plans to establish a transportation development district as part of this project which will lead to $4 million worth of road improvements. Because he thought the positives outweigh the negatives, Mr. Ash said he will support this proposal.
    In connection with the developer's promises, Mayor Hindman asked if he understood correctly there is a pedway shown and a trail will be constructed. Mr. Van Matre responded affirmatively.
    Mr. John made the motion that B281-03 be amended per the amendment sheet as well as adding to Section 4, paragraph 2, a new subparagraph (d) to read as follows: "The agreement shall include all provisions and representations made by the developer at the September 15, 2003 and October 6, 2003 public hearings." The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
    B281-03, as amended, was read with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, JOHN, ASH, HINDMAN. VOTING NO: LOVELESS. Bill declared enacted, reading as follows:

B311-03     Authorizing voluntary annexation of property located at the southeast corner of the intersection of State Route KK and Crabapple Lane, extended; establishing permanent zoning.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the request on this 50 acre tract was recommended for approval by both staff and the Planning and Zoning Commission.
    Mayor Hindman opened the public hearing.
    Tim Crockett, Crockett Engineering Consultants, 2608 N. Stadium, offered to answer any questions.
    Mayor Hindman closed the public hearing.
    B311-03 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B312-03     Rezoning property located on the east side of North Garth Avenue, approximately 135 feet north of Austin Avenue from C-1 to C-P.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this small tract, less than one acre, is presently being used as a parking lot. He reported the applicant proposes to use the property for car sales, and in order to do that, the tract needs to be rezoned. Both staff and the Commission recommended approval of the request subject to additional landscaping and screening considerations.
    Mayor Hindman opened the public hearing.
    Darrell Whitmarsh, 14055 N. Caldwell, Hallsville, passed around pictures of the site showing the present fencing. He indicated staff recommended a vegetative screen along the fence on property he does not own to the south of his lot. Mr. Whitmarsh was certain this owner would not approve of that condition. He maintained if this screening is put in place, it would only end up full of bicycles and trash and look worse than it does presently. Mr. Whitmarsh had no objection to planting trees along Garth as recommended. He requested a variance to the vegetative screening. He explained that he had put in the chain link fence because his cars were getting keyed and vandalized, and to close this area in would only make the situation worse.
    Mayor Hindman closed the public hearing.
    Mr. Ash understood the privacy fence could remain, but the chain link would need to be screened. Mr. Dudark responded that if cars are parked in this area, the ordinance requires 80% opacity.
    Mr. Janku asked if there would be any change required in terms of extending the wooden fence to the west. Mr. John thought it looked like it would have to be an eight-foot fence. It was ascertained that the first two conditions would have to be removed from Section 2.
    Ms. Crayton commented that Mr. Whitmarsh has done a tremendous job with the property so far and she felt anything he plans in the future would only be a further improvement. She agreed that the vegetative screen could cause more problems as police officers would not be able to see what might be occurring on the property from the street.
    Mr. Janku made the motion that B312-03 be amended by deleting both the first and second subsections from Section 2. The motion was seconded by Mr. John and approved unanimously by voice vote.
    B312-03, as amended, was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B313-03     Rezoning property located on the south side of Mexico Gravel Road (State Route PP), across from the south terminus of Wyatt Lane from A-1 to R-1.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that the request on this 10 acre tract in northeast Columbia was recommended for approval by staff, but the Planning and Zoning Commission had a tie vote -- which means it comes to the Council with no recommendation. The concern had been the amount of traffic already on Mexico Gravel at this intersection.
    Mayor Hindman opened the public hearing.
    Tim Crockett, Crockett Engineering Consultants, 2608 N. Stadium, spoke on behalf of the prospective buyers offering to answer any questions.
    Mr. John asked about a trapezoid drawing on the map. Mr. Crockett explained it to be an existing lake.
    Andrea Gerke, 5508 Arrowwood, explained that she lives in the subdivision adjacent to the subject site. She alerted the Council to a problem with a stop sign at the intersection which is difficult to see and many cars do not stop. She was not aware of the plan for the residential use in this case, but she said if there is a driveway in line with Wyatt Lane, she said the traffic could go through onto this property. Ms. Gerke reported on the amount of migratory wildlife on the lake and she hoped it would not be filled in.
    Howard Nichols, 5308 Mexico Gravel, explained that he has lived at this address for 43 years. He asked that the tract be rezoned because he can no longer maintain his property properly. If approved, Mr. Nichols said he has a buyer for the land.
    Mayor Hindman questioned what would happen to the lake. Mr. Nichols replied the subdivision would be built around the lake and it would remain open.
    Mayor Hindman closed the public hearing.
    B313-03 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B314-03     Rezoning property located at the southeast corner of Pershing Road and Gary Street from R-2 PUD to C-P; approving the C-P development plan to be known as "Lake Broadway."
    The bill was given second reading by the Clerk.
    Mr. Beck noted that staff had recommended approval of this request with certain conditions, and the Commission recommended approval on a vote of 6-0 with three members abstaining.
    Mr. Dudark explained the plan calls for two buildings to be constructed on the tract. He pointed out an access drive off of Pershing to a parking lot for both facilities. He noted a sign will be placed at the entrance drive. This is a substitute plan for neighborhood commercial with small retail and office uses. Mr. Dudark reported after review by the neighborhood association, the plan was subsequently revised to accommodate the neighborhood's suggestions. Some of the changes pertained to the uses in the commercial area, the lighting plan, the location of the entrance sign, and a portion of the parking area was reduced to provide more greenspace. He indicated that staff recommends approval of the revised plan. Mr. Dudark noted the hours of operation in the commercial area is recommended to be limited to 6:00 a.m. thru 12:00 midnight.
    Mayor Hindman opened the public hearing.
    David Knight, an attorney with offices at 1203 W. Broadway, spoke on behalf of himself and his partners, Bill Powell and Earl Seitz. He supplied the Clerk with the vote results from the neighborhood as it pertains to this project. He reported the County House Branch Neighborhood Association voted in favor of the plan 20-4, and the Smithton Valley Neighborhood Association supported the plan on a vote of 11-0. Mr. Knight explained one of the proposed buildings will be similar to the existing building on the property, but it will be one-third larger. The second structure will be two stories, but because of the topography it will be a walk-out. He understood that if more parking is required by the City, he will be required to install such.
    Mayor Hindman closed the public hearing.
    Mayor Hindman expressed his support of the procedure the applicants followed in working with the neighbors. He said the Council is appreciative when neighborhoods are included in the planning process.
    Mayor Hindman made the motion that B314-03 be amended per the amendment sheet. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
    B314-03, as amended, was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B315-03     Rezoning property located on the north side of the future eastward extension of Green Meadows Road, approximately 1,000 feet north of Grindstone Parkway (Route AC) from R-1 and C-1 to C-P and PUD-11.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the two tracts contain approximately 30 acres. He said C-P zoning is being requested on the four acre tract, and PUD-11 on the 26 acre tract. Mr. Beck stated both staff and the Planning and Zoning Commission recommended approval subject to restrictions on the permitted uses of the tracts.
    Mayor Hindman opened the public hearing.
    Dan Simon, an attorney with offices at 203 Executive Building, spoke on behalf of the Price Family Partnership, the property owner. He explained that he also represents CMK Partnership, a family partnership of Mike and Cheryl Kelly. He reported that Mr. Kelly is the owner and developer of the Country Club Apartments located immediately south of the Green Meadows Day Care Center. Mr. Simon stated that Mr. Kelly has noticed a big demand in the City of Columbia for apartments to serve professionals and older people located in close proximity to shopping services. He related that Mr. Kelly believed this location would be an ideal place to establish an apartment project similar to Katy Place and Country Club Apartments because of the tract's proximity to shopping and services. Mr. Simon stated the PUD-11 tract will contain a maximum of 248 dwellings (9.5 dwellings per acre) in both apartments and duplexes, but all possessed by one owner -- the units will not be for sale. He commented the proposed C-P tract will serve as a neighborhood center for the residents living in the dwellings. Mr. Simon noted that over 50% of this tract will be left in open space and he felt it seemed to be a development that complies with the 2020 Plan. He indicated that all of the suggested restrictions are acceptable to the applicants. Mr. Simon related that the final plan will address the issues of internal traffic circulation, internal sidewalks, storm water and its detention, and everything spelled out in the statement of intent.
    Mr. Janku asked if this development will link into the Wal-Mart pedway. Mr. Simon responded there will be a connection to the trail built along the side of the development. He said it will be shown on the plan when it come to the Council for approval.
    Mayor Hindman closed the public hearing.
    B315-03 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B316-03     Approving a revision to the C-P development plan for University Chrysler.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that after staff review, the revision is being recommended for approval.
    Mayor Hindman opened the public hearing.
    Craig Van Matre, an attorney with offices at 1103 E. Broadway, appeared on behalf of the applicant. He offered to answer any questions.
    Mayor Hindman closed the public hearing.
    B316-03 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B317-03     Amending Chapters 25 and 29 of the City Code relating to definition of a lot.
    The bill was given second reading by the Clerk.
    Mr. Beck noted five suggested changes to the definition.
    Mr. Dudark felt the changes provided a little more flexibility for some of the older R-3 tracts containing existing homes in the City that have needed to downzone to R-2 instead of being able to plat the lots. He reported the proposed amendments protect the integrity of the definition of a lot in general, and strengthens it in some cases as well. He also noted that the changes provide more clarification on what recorded means and also does not affect a tract of land when a portion is taken for a roadway -- it does not make the remainder of the tract ineligible to be a lot.
    Based on the proposed amendments, Mr. John asked if Jefferson Junior High School would have qualified as a legal lot. Mr. Dudark thought the school may have under this prior to the amendment. He said a legal lot is defined as having been a recorded survey or recorded plat. He stated these changes will not alter that. Mr. John wanted to ensure that the small tracts, like the Hinkson Day Care that had to be downzoned from R-3 to R-2, were covered in this amendment. Mr. Dudark responded they are covered.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B317-03 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B320-03     Authorizing improvements to Again Street Park.
    The bill was given second reading by the Clerk.
    Mr. Beck commented that Ms. Crayton had requested the lighting review for this park based on comments she received from residents. The Parks and Recreation staff, working with Water and Light staff, came up with a plan after reviewing the situation. The estimated cost of the project is $12,000 and funding would come from the annual park improvement fund if the Council chooses to proceed.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B320-03 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B321-03     Authorizing construction of an access trail connecting Seven Oaks Subdivision to the Hinkson Creek Trail; appropriating funds; authorizing an agreement with Seven Oaks Homeowners Association, Inc.
    The bill was given second reading by the Clerk.
    Mr. Beck explained the proposal for a trail connection wherein the property owners would pay approximately $4,000 for materials and the City will contribute about $12,600 for the use of equipment and personnel to create the connection.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. John asked why this issue had been before the Council so many times. Mr. Hood explained the process.
    B321-03 was given third reading with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

R218-03     Authorizing allocation of 2003 CHDO funds; approving an amendment to the 2003 Action Plan.
    The resolution was read by the Clerk.
    Mr. Beck explained staff is suggesting the use of $50,000 be allocated to Central Missouri County Human Development Corporation from federal HOME monies to construct new housing for owner occupancy. He noted that the 2003 plan will need to be amended to accommodate this change.
    Mr. Janku asked if notices are sent out regarding the availability of funds. Mr. Dudark replied that staff sends out notices to all agencies that are CHDO's or potential CHDO's and also make it available by public notice to others.
    Mayor Hindman opened the public hearing.
    There being no comment, Mayor Hindman closed the public hearing.
    The vote on R218-03 was recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R219-03     Approving the CDBG and HOME Action Plan for FY 2004.
    The resolution was read by the Clerk.
    Mr. Beck stated that this substantial report was submitted to the Council. In addition, HUD guidelines require that a report be submitted annually in order for the City to receive CDBG and HOME monies.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Janku commented that a few years ago the Disabilities Commission forwarded a list to the Council of the top 10 worst sidewalks in downtown. He noted that a number of these walks are still on the list. Mr. Janku explained that $50,000 had been budgeted for ADA improvements in the downtown area and he asked that staff review the list of priorities.
    The vote on R219-03 was recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

(A)     Construction of improvements to Stearman Street.
    Item A was read by the Clerk.
    Mayor Hindman opened the public hearing.
    David Rogers, an attorney with offices at 813 E. Walnut, spoke against the tax billing of Stearman Street. He distributed an exhibit and asked the Council to note the properties on Stearman owned by the Burnam Companies shown in blue. He explained that these properties constitute 75% of the frontage on Stearman Street. Mr. Rogers felt it would be fundamentally unfair to tax bill the cost of building the street against the Burnam Companies when they do not want nor need it. He pointed out it also may be illegal for the City to initiate the tax billing process. The ordinance passed in the late fall of 2002 was the first that allowed tax billing of streets in this type of situation. He reported that the Burnams owned the bulk of the property prior to the passage of that ordinance. He could not remember a time when the City allowed the tax billing of a street when less than 50% of the people adjacent to that street requested such. He said in this case, there are less than 25% of the property owners asking for the street to be constructed, and he did not think the Council should authorize the project.
    Because some of the tracts are essentially landlocked, Mr. Loveless asked how the property owners would gain access if a street was not built. Mr. Rogers presumed these individuals purchased their property at landlocked prices. He said they could negotiate with the Burnams and build the road. Mr. Rogers commented these property owners have a lot of options open to them as there was nothing to keep them from building the road themselves. He said the road could be built because it is dedicated. Mr. Loveless assumed that these folks all bought their lots knowing there was a dedicated road. Mr. Rogers agreed.
    Mr. Janku noted this issue had been tabled so that both sides could meet. He wondered how that meeting went. Mr. Rogers replied that his clients met with the other property owners and basically they traded insults and went their separate ways.
    Tom Schneider, an attorney with offices at 11 N. Seventh, spoke in favor of tax billing Stearman Street on behalf of Carol Irish, owner of Lots 9 and 10 of Kitty Hawk Subdivision. He said that Lot 9 is landlocked at this time as is Otto Traschel's Lot 6. Mr. Schneider felt the City owes right of access to its public street system to the landowners in the City of Columbia, at least when they are willing to pay their fair share of the street. The arguments that the Burnams do not want this project, he said was rather shallow for several reasons. He said their properties will be specially benefitted by the street because it will be an additional access, which is made very clear by the staff report. Mr. Schneider pointed out that the Burnams bought at least one of the lots after the petition was filed a year ago. In 1992, he reminded the Council that the Burnams filed a letter with the Planning Department requesting the construction of Stearman Street and that it be tax billed. In addition, Mr. Schneider related that the Parks Department supports the construction of Stearman Street because it will provide street access to Bear Creek Park for residents living on the east side of Parker Street. Mr. Schneider related that his client is not asking for a cul-de-sac or that there be accessability for vehicles to the park, just a street so she can develop the lots.
    Mr. Janku asked what Ms. Irish planned to do with her properties. Mr. Schneider replied that she intends to develop the property. The front is zoned commercial and the back part R-3, which is 100% landlocked. Mr. Hutton said she could build on the commercial lot, but could not get a certificate of occupancy for it until the street is built. Mr. Rogers pointed out that Ms. Irish had frontage on Parker Street. Mr. Patterson explained that the ordinances require that all of the infrastructure abutting a lot has to be in place before a certificate of occupancy can be issued. Therefore, that portion of Stearman Street abutting those properties that also abut Parker would require street and sidewalk construction as part of the improvements on the lot. Based on this statement, Mr. Schneider pointed out that both of her lots are essentially landlocked.
    Chris Burnam, 3321 Greenfield, explained he was trying to protect his sizable investment. He admitted he had asked the City to build and tax bill Stearman Street because he had no other way of paying to use his land. He said the City turned him down about one month after he made the request. He had been told it was the City's policy not to tax bill streets for that purpose. Based on this information, Mr. Burnam reported that he continued to buy other parcels of land along Stearman Street because he knew he was not going to be able to get the street built any time soon. Over the years, he said they have altered their master plan for the Parker Street/Kitty Hawk neighborhood. As they have upgraded the property, he said they have seen more of a need to create buffers around the apartment complex and some walking trails were installed in this buffered area. Because they already have a considerable inventory of land that is accessed by streets, he said they have no plans to develop the properties along Stearman Street. Therefore, Mr. Burnam said they do not need a street. After what he was told in 1992, he said for the City to force him to build the street now, when he does not want it, was inherently unfair. He commented the people requesting construction of the street knew the problems their ownership presented. He said these property owners are trying to make the Council make a decision on who gets punished and who gets rewarded. Mr. Burnam believed this whole issue is about money, not access, and it will create a windfall profit if those few property owners can get someone else to build the street.
    Mr. John asked when Mr. Burnam closed on Lot 8. Mr. Burnam said he closed on it in February; however, because he was not notified of the pending petition in front of the City Council, he had no knowledge of it. Furthermore, he said the seller failed to disclose the pending governmental action to him. Had he known the petition was out there, his thoughts would have been different.
    Otto Traschel, 3702 Wayside, said he and Ms. Irish do not feel they should have to pay for the entire street. He said the property is already within the City limits so it will not contribute to urban sprawl.
    Annette Weaver, 2738 Northland, explained that Ms. Irish wants to put in a commercial development in the middle of a residential neighborhood, including a convenience store. She noted that Oakland Park is just to the north of this neighborhood, and residents do not need access to Bear Creek Park. She said the street will only add to traffic in this area if more apartments are constructed. Ms. Weaver commented that a traffic light at the corner of Vandiver and Parker should take higher priority over another street. She maintained Stearman Street would be vacant with the exception of the convenience store that Ms. Irish plans for the neighborhood. She believed because Stearman would be a vacant street, it would not be patrolled and would be the equivalent of putting a back door into a very high crime area. Ms. Weaver spoke of the problems with large trucks parking overnight on Parker Street with their engines running. Ms. Weaver said there is no need or neighborhood demand for the construction of Stearman Street.
    Kirsten Benedict, 1705 Kitty Hawk, was concerned about crime filtering into the neighborhood. She said kids in Kitty Hawk do not care about going to Bear Creek Park because Oakland Park is twice the size and much closer. For the money and as a taxpayer, Ms. Benedict said she would much rather see the pot holes filled on Parker Street. She also asked for a stop light at Parker and Vandiver before any more development is allowed.
    Eric White, 1602 Kitty Hawk, spoke in opposition of the proposed street. He was concerned about access from the Elleta Boulevard area.
    John Fagout, 2100 Holly, spoke against construction of Stearman Street. He said Holly is an unimproved street and this would only add to the traffic in the neighborhood.
    Randy Cheek, 2716 Northland, also spoke in opposition to building Stearman Street. In conversations with neighbors, he found quite a bit of contention.
    Mr. Janku asked if at some point Ms. Irish wanted to build the street, whether she would be permitted to do so. Mr. Patterson replied that the street could be built privately. He said that had been one of the reasons for tabling this issue the first time because there had been some interest expressed in the property owners working together to do just that. He said those discussions deteriorated and nothing came of the meeting. He noted that the street could be built in segments and the only thing the City would require is that if there is development, the streets and sidewalks abutting the property would also have to be constructed.
    Mr. John related that the Council looked at this as a policy issue and debated whether property owners could petition for the construction of paper streets through the tax billing process. He stated that if the street should have been built for Mr. Burnam in 1992, the City should build it today for Irish and Traschel. If the decision was right back then, Mr. John believed the Council should not have changed the policy. He did not agree with the argument that the construction of Stearman will allow a bad element to enter into the neighborhood, nor did he believe a small C-1 lot will draw people from anywhere else but the neighborhood.
    After hearing the testimony, Mr. Ash was swayed against building the street. He thought the concern was valid about building a pipeline into a neighborhood. He did not support the traffic argument.
    Mr. Loveless did not support the minority of property owners being able to force the majority to pay for something they do not want.
    Mayor Hindman related there are a number of paper streets where such construction would be a real disaster to the abutting owners who have no intention of ever developing their lots.
    Mr. Janku pointed out the Burnam Company could probably afford the tax bill for Stearman's construction, but the next project that came along, if it involved a relatively modest income taxpayer, the Council could not offer relief based on their income. He thought when a petition is submitted for construction of a street through the tax billing process, that at least 50% of the property owners should support such a project and this formula should be applied in future situations.
    Mr. John understood Mr. Janku's point, but noted the Council also needs to protect the rights of minority interests. Mayor Hindman agreed.
    Mr. Hutton concurred this is a fairness issue. He did not think it was fair to force the majority owner to pay for something he does not want in order to provide a benefit for the minority owners who have no value whatsoever without the street being constructed. He remarked he could go either way in this situation, but added, if the Council does support this request, he thought in a year or two one person might own all of the tracts and then the property would be replatted.
    Mayor Hindman indicated he could support a request from Ms. Irish if she just wanted a portion of the street built so she could construct a convenience store, but then Mr. Traschel would not benefit from this proposal.
    Mayor Hindman made the motion that staff be directed to prepare the final plans and specifications. The motion was seconded by Mr. John and failed by voice vote.

(B)     Voluntary annexation of property located at the northern terminus of Shamrock Drive, west of Lake of the Woods Road.
    Item B was read by the Clerk.
    Mr. Beck explained this 23 acre tract is located in northeast Columbia. The applicant is requesting R-1 zoning in conjunction with annexation.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.


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

B318-03     Authorizing acquisition of easements for the Oakview storm drainage project.

B319-03     Accepting a deed of dedication; authorizing payment of differential costs for water main serving Vanderveen Crossing, Plat 10; approving the engineer's final report.

B322-03     Appropriating SEMA grant funds for the purchase of fire department equipment to be used for weapons of mass destruction incidents.

B323-03     Authorizing an agreement with Russell-Marti Conservation Services, Inc. relating to the repair and conservation of the Martin Luther King Memorial; appropriating funds.

R202-03     Setting a public hearing: storm drainage improvements in the West Boulevard and Mary Gene Street area.

R203-03     Setting a public hearing: construction of sanitary sewers in Sewer District No. 158 (Old Plank Subdivision).

R204-03     Setting a public hearing: construction of the EP-3 Trunk Sewer to serve the Hatton Farm property.

R205-03     Setting a public hearing: construction of the H-21 Relief Sewer (Hominy Branch Relief).

R206-03     Setting a public hearing: irrigation and fairway turf improvements at L.A. Nickell Golf Course.

R207-03     Authorizing an agreement with the Missouri Department of Health and Senior Services relating to the Missouri Community-Based Home Visiting Program.

R208-03     Authorizing an agreement with the Missouri Department of Health and Senior Services relating to the Work Site Wellness Program.

R209-03     Authorizing an agreement with the Missouri Department of Health and Senior Services relating to Maternal Child Health services.

R210-03     Authorizing Adopt A Spot beautification agreements.

R211-03     Authorizing agreements with various cultural arts organizations.

R212-03     Authorizing an amendment to the Community Assistance Program Agreement with the Missouri Department of Conservation relating to the winter trout program at Cosmo-Bethel Lake.

R213-03     Authorizing a lease agreement with MB Investments for trash compactor service.

R214-03     Authorizing an agreement with The Curators of the University of Missouri on behalf of the Truman School of Public Affairs for the evaluation of City funded social service programs.

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

R215-03     Authorizing the demolition of a dilapidated structure located at 307 Duncan Street.
    The resolution was read by the Clerk.
    Mr. Beck explained that the City has received complaints about the property. It has been inspected and proper procedures have been followed.
    Mr. Patterson pointed out that interest has been expressed in the purchase and rehabilitation of the structure since the hearing process. He asked that staff be given the authorization to demolish the building in case there is no follow-up purchase. He noted that if the property is purchased, the new owner will be given time to rehabilitate the building.
    The vote on R215-03 was recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R216-03     Authorizing agreements for the rental rehabilitation program.
    The resolution was read by the Clerk.
    Mr. Beck explained that $200,000 of HUD money had been set aside by the Council to be used for the rehabilitation of rental property in certain designated areas. The guidelines have been established and put in place for the Loan and Grant Committee to review applications. This legislation will authorize the City Manager to sign agreements.
    The vote on R216-03 was recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R217-03     Authorizing a letter of commitment of HOME funding for the Bethel Ridge housing development for senior citizens.
    The resolution was read by the Clerk.
    Mr. Beck explained that this company has plans to build 72 new housing units for the elderly at the northeast corner of Bethel and Nifong. If authorized by the Council, the City would express their commitment of $200,000 of federal HOME funding for the project.
    Shane Wright, 206 Peach Way, Jeffrey Smith Development, noted that this is a great site for the proposed project because it is on a bus line. He explained the development will consist of would have five 6-plexes and one three-story building containing 42 units.
    In addition to bus service, Mr. Janku pointed out a nearby park is within walking distance as well as a commercial area.
    The vote on R217-03 was recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN. 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:

B324-03     Authorizing voluntary annexation of property located at the north terminus of Shamrock Drive, west of Lake of the Woods Road; establishing permanent zoning.

B325-03     Approving the final plat of Manor Ridge Subdivision Plat 2; authorizing a performance contract.

B326-03     Approving the final plat of Lutheran Senior Services Subdivision; authorizing a performance contract.

B327-03     Approving the final plat of Deer Ridge, Plat No. 2; authorizing a performance contract.

B328-03     Approving the final plat of Heritage Estates, Plat No. 2; authorizing a performance contract.

B329-03     Approving the final plat of Zaring Hills Plat 1-A, a replat of Lot 1 of Zaring Hills; authorizing a performance contract.

B330-03     Vacating a utility easement located within Lot 208A of Hunters Gate, Plat 2-A.

B331-03     Calling for bids relating to the construction of the B-20 sewer, an 80-acre point sewer serving Settlers Ridge Subdivision.

B332-03     Confirming the contract with Aplex, Inc. relating to the construction of the 2003 Annual Sidewalk Project; appropriating funds.

B333-03     Authorizing an agreement with the Missouri Department of Natural resources relating to storm water grants; appropriating funds.

B334-03     Accepting conveyances for drainage, sewer, sidewalk, street, temporary turnaround, and utility purposes.

B335-03     Authorizing an electric power sales agreement with Ameren Energy Marketing Company for participation in the Columbia Energy Center.

B336-03     Authorizing a purchase and operating agreement with Ameren Energy Generating Company for the Columbia Energy Center.

B337-03     Accepting a deed of dedication; authorizing payment of differential costs for water main serving Thornbrook, Plat 10; approving the engineer's final report.

B338-03     Accepting conveyances for water utility purposes.

B339-03     Amending Chapter 16 and 17 of the City Code relating to weapons offenses and firearms in City buildings and parks.

B340-03     Authorizing acceptance of the Local Law Enforcement Block Grant 2003 from the U.S. Department of Justice.

B341-03     Authorizing irrigation and fairway turf improvements at L.A. Nickell Golf Course.

B342-03     Authorizing an amendment to the development agreement between CenterState Properties, LLC and Central Concrete Company for contribution of street right-of-way for Lake Ridgeway Road.

B343-03     Approving the final plat of Vanderveen Crossing, Plat No. 3; authorizing a performance contract.


(A)     Inter-departmental Transfer of Funds.
    Report accepted.

(B)     Highpointe Neighborhood Park Development.
    Mr. Beck explained that the Parks staff has been meeting with the neighborhood group. He said staff is ready to proceed with a hearing before the Parks and Recreation Commission. The estimated project cost is $75,000 which includes $50,000 from the 1999 quarter percent sales tax. The remainder of the work would be done with force account labor.
    Mr. Ash noted a lot of student housing at the end of the cul-de-sac which causes consternation with the residents because the students speed through the neighborhood. He asked if there was any way to include traffic calming as part of this project. Mr. Ash was concerned about kids walking to the park. Mayor Hindman agreed and felt the Council should consider a policy wherein t-intersections into parks include traffic calming and crosswalks.
    Mr. Loveless made the motion that the plans be referred to the Parks and Recreation Commission for a public hearing. The motion was seconded by Mr. John and approved unanimously by voice vote.

(C)     Rock Bridge Memorial State Park - Sewer Connection.
    Mr. Beck noted the request received from the Division of State Parks. This agency is asking that sewers be provided to 60 acres of the overall park. He explained that a staff member has been negotiating with them and brought back the idea of a larger acreage. Mr. Beck reported it had been the feeling of the Council to require that the entire park be annexed; however, this is not supported by the agency.
    Mayor Hindman made the motion that the issue be referred to the staff for a report back. The motion was seconded by Mr. Janku and approved unanimously by voice vote.


    Mayor Hindman made the motion that the Council hold a closed meeting on October 7, 2003, in the fourth floor conference room beginning at 5:30 p.m. to discuss personnel matters. The motion was seconded by Mr. Loveless with the vote recorded as follows: VOTING YES: CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN. VOTING NO: NO ONE. Motion passed.

    Mr. Janku commented he was looking forward to receiving the report on the need for a stop light at Vandiver and Parker based on the anticipated development in the area.

    Mr. Janku reported on a constituent concern regarding the intersection of Oakland and Smiley. This individual had questioned the possibility of installing a four-way stop at this location. Mr. Hutton pointed out that a letter went out today from the traffic engineer in regard to this issue. The letter had said the intersection will be studied again because the traffic pattern had changed in the last six months. Mr. Janku requested that while staff performs this study, that they also review whether separate right and left turn lanes are necessary as well.

    Mr. Janku noted a lot of development occurring just east of Parker, adjoining Oakland Park. With the recent rains, he said there has been a lot of storm water run-off and the trail is eroding. He indicated the creek area immediately west of Parker is running a lot faster with the heavier run-off. Mr. Janku asked that the creek area be examined so that it will not become eroded as well. He also requested that staff look at Silvey because a lot of dirt is being deposited on this street from construction just north of Broadway, up to Worley.

    Mr. Ash explained that he had recently been contacted by the Boone Hospital Trustees who have been working on how to close the Broadway entrance, near William Street, for the Broadway Medical Plaza. He said there have been lots of accidents at this location. In order to close this entrance, the Hospital had been told they will need to post signs as well as some other things, but they do not have that authority. Mr. Ash passed a packet of information to the City Manager containing a summary of the problem and also possible solutions.
    Mr. Ash made the motion that staff analyze this information and report back with recommendations. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

    In reference to the traffic calming issue discussed earlier, Mr. Ash related that he prefers that staff include traffic calming as part of the development of the Highpointe Neighborhood Park. He would not be opposed to the concept of expanding such to include all parks. Mayor Hindman responded that would be his choice, either traffic calming or marked crosswalks near neighborhood parks for the safety of children. He mentioned the Westwinds Park and said he is stopped by parents all the time who are concerned by the situation.
    Mr. Ash made the motion that staff be directed to examine traffic calming as part of all neighborhood parks where there are t-intersections. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.

    Mr. John commented that he is continually being asked by the Thornbrook residents for City-manned fire stations. He had previously asked for comment from staff early this summer in regard to this request, and he was told the fire protection in this subdivision is equivalent to the service residents in the City receive. When the Council discussed this situation during their annual retreat, Mr. John related they had been told that new subdivisions would not be under the protection of the City fire department, but under the Boone County Fire Protection District. He noted there had been some interest in providing another level of service. Mr. John stated he would like to know if this arrangement is possible under the territorial agreement. He remarked that there is nothing wrong with the service provided by the Boone County Fire District. He said they do a great job and are wonderful for rural areas, but the problem is that at a station where there is only one person working, the truck may arrive at a scene and then that individual may have to wait for the other volunteers. Mr. John commented if the conditions set out in the territorial agreement is the most the City can do, then he already has his answer and will take this information back to the residents. He requested a report that identifies current issues and possibilities of renegotiating the territorial agreement.
    Mr. Ash asked when the territorial agreement expires. Mr. John replied it expires in 2009.
    Mr. John made the motion that the staff be directed to review the issues involving a level of protection in those areas within the City limits that are covered by the territorial agreement but are under the Boone County Fire Protection District, and what some of the options might be to provide a level of service that will assure that residents receive equal response. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

Mr. Loveless made the motion that the Council appoint a couple of staff members to contact the Conservation Department to develop options for Council consideration in regard to the deer situation. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    The suggestion was that it be someone from parks and recreation staff, legal staff, and police. Mr. Beck said he would meet with the staff to see which departments should be involved.

    Mr. Loveless suggested warning signage to alert drivers to the stop sign just over the crest of the hill on Wyatt Lane, north of Mexico Gravel that a previous speaker referred to.

    Mr. Loveless noted he had asked at a previous meeting about some work on another category that might allow the annexation of larger tracts, but these residents want to retain some of the rights they currently enjoy in the county, particularly with regard to hunting. Mr. Boeckmann indicated he will be working on this issue. Mayor Hindman thought fire works should also be addressed.

    Mr. Hutton commented on the earlier promise made by the Wal-Mart developers and the storm water problems at the Conley Road site. He encouraged staff to press them on the issue so as to get something initiated as soon as possible. Mr. Ash pointed out Wal-Mart planned to do this work as part of the TDD. He said it may not happen right away.

    Regarding the trail connection between Seven Oaks and the Hinkson Creek Trail, Mayor Hindman related this is a terrific amenity and thought the City should look at other neighborhoods, within reasonable distance of trails, to determine what can be done to create connections in these situations as well.
    Mayor Hindman made the motion that staff be directed to look into the issue and report back. The motion was seconded by Mr. John and approved unanimously by voice vote.

    Mayor Hindman asked about the countdown timers in the downtown area. Mr. Janku commented that the Council needed to decide the location of such.
    Mayor Hindman made the motion that staff be directed to report back with recommendations as to where these timers should be installed in the downtown area. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

    Mariel Stephenson, 2111 Rock Quarry, described an accident she had witnessed on Rock Quarry Road and how the guardrail offered some protection to the driver. She suggested additional guardrails be installed along the east side of the Grindstone Nature Area. She also recommended that a roundabout be constructed adjacent to the Herigon apartment development. Ms. Stephenson expressed gratitude for the light at the intersection of Rock Quarry and Route AC because it provides a break in traffic allowing residents to turn on Rock Quarry from their driveways.

    The meeting adjourned at 11:50 p.m.

    Respectfully submitted,

    Penny St. Romaine
    City Clerk