M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
SEPTEMBER 15, 2003
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, September 15, 2003, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN and ASH 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 September 2, 2003, were approved unanimously by voice vote on a motion by Mr. John and a second by Mr Hutton.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    The agenda, including the Consent Agenda, was approved unanimously by voice vote on a motion by Mr. John and a second by Mr. Loveless.
 

SPECIAL ITEMS
    Mayor Hindman welcomed a group of engineers from the wastewater treatment industry in China who are in Columbia attending the Centech Wastewater Institute. He introduced Gerald O'Connor of Environmental Dynamics, Inc., who in turn introduced the visiting attendees. Mayor Hindman presented the visitors with City pins.
 

SCHEDULED PUBLIC COMMENTS
Marvin Kinney - Columbia Housing Authority - Presentation of 2003 Annual Report.
    Marvin Kinney, 1623 Highridge Circle, spoke as Chairman of the Board of Commissioners of the Columbia Housing Authority. He presented the Council with the Housing Authority's 2003 Report of Activities and also with a check, which was their payment in lieu of taxes, in the amount of $48,045.77. He noted that a financial audit covering the 2002 fiscal year had been delivered to the Clerk's Office. Mr. Kinney reported this document is also available for viewing at the Columbia Public Library.
    Mayor Hindman, on behalf of the Council, thanked Mr. Kinney and the Housing Authority Board of Directors for their service. He commented on the direct impact their service has on the health and quality of the City.
 

PUBLIC HEARINGS
B269-03     Adopting the Special Business District FY 2004 Annual Budget.
    The bill was read by the Clerk.
    Mr. Beck explained that an informal presentation had been made to the Council at a work session and this issue was discussed at a formal public hearing at the previous meeting.
    Mayor Hindman re-opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B269-03 was read with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B270-03     Amending Chapter 27 of the City Code relating to water rates.
    The bill was read by the Clerk.
    Being proposed is a 4.5% across-the-board water rate increase, which amounts to about $0.63 per month for the average residential customer. Mr. Beck pointed out that the recommendation had been reviewed by both staff and the Water and Light Advisory Board.
    Mayor Hindman re-opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B270-03 was read with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B271-03     Amending Chapter 27 of the City Code relating to the installation of water service lines.
    The bill was read by the Clerk.
    Mr. Beck explained that staff reviewed the City's costs relating to new connections to water service lines. In addition, other communities were surveyed to determine their utility charges. This ordinance would change the amount charged for a one-inch diameter or smaller connection from $365 to $500. This would be a one time cost and it is anticipated it will raise about $135,000 annually for the water and electric utility.
    Mayor Hindman re-opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B271-03 was read with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B272-03     Amending Chapter 27 of the City Code relating to the testing of back flow prevention devices.
    The bill was read by the Clerk.
    Mr. Beck explained that DNR regulations require that back flow prevention devices be installed in locations where it is possible that a back flow condition could introduce contaminants into the water system. It is required that these devices be tested annually. Current policy is that the utility provides the tests for over 2,000 such devices at no cost to the customer. Staff is recommending changing the policy so that the owner provides the testing with the certification being given to the water and light department. It is estimated this would save the department as much as $40,000 in overtime.
    Mayor Hindman re-opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B272-03 was read with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B273-03     Amending Chapter 22 of the City Code relating to solid waste rates.
    The bill was read by the Clerk.
    When the City's plan was developed for the new recycling center adjacent to the landfill, Mr. Beck reported staff spoke about the necessary rate increases needed. This increase will raise the monthly rate by $0.42 per residence. He noted that the appliance pick-up charge will increase from $5 to $10. It is anticipated this could raise an additional $170,000 for the solid waste utility, another enterprise account kept separate from the general fund. Mr. Beck related that the City's rates are very competitive with other operations.
    Mayor Hindman re-opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. John understood it would cost $10 to leave a refrigerator on the curb for pick-up, but wondered why it would cost him $15 to take it to the site himself. Mr. Patterson responded they are getting white goods from the area and also commercial drop-offs by people who are not taking appliances to the landfill. He said staff tried to distinguish between the two while attempting to ensure the affordability of the curbside residential service. He pointed out it is being subsidized by the residential rate in itself. Mr. John understood the $10 charge to be a discounted rate for residential users.
    In reference to Section 22-159, Mr. Loveless asked why vacant property that has requested discontinuance of metered service is required to pay $4.90 for refuse hauling. Mr. Patterson explained it is part of the system overhead -- providing the services and having the equipment on hand and the investment in such. He additionally noted the vehicles will be running the routes whether the account is active or not. He said there is still a cost to the City whether the service is used or not.
    B272-03 was read with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B274-03     Amending Chapter 22 of the City Code relating to sewer utility fees.
    The bill was read by the Clerk.
    Mr. Beck noted a 4.5% increase is being proposed, which is about $0.69 per month for the average residential customer. The connection fees will be increased based on the water meter size. Most connection rates will increase from $300 to $400. It is anticipated this will raise about $370,000 annually for the sewer utility. Mr. Beck reported that the total rate increase to the average residential homeowner for the three amendments amounts to $1.74 per month.
    Mr. Janku pointed out that the connection fee applies only to new construction. Mr. Ash added that the increases will help development pay for itself.
    Mayor Hindman re-opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B274-03 was read with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B275-03     Amending Parks and Recreation fees.
    The bill was given second reading by the Clerk.
    Mr. Beck indicated that there are fewer changes to the parks and recreation fees than what had been enacted in previous years.
    Mayor Hindman re-opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B275-03 was read with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B308-03     Amending Chapter 19 of the City Code relating to personnel policies, procedures, rules and regulations.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the personnel regulations are reviewed regularly. He pointed out that an amendment sheet had been prepared.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mayor Hindman made the motion that B308-03 be amended per the amendment sheet. The motion was seconded by Mr. John and approved unanimously by voice vote.
    B308-03, as amended, was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B309-03     Amending the Classification Plan and adopting the FY 2004 Pay Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck explained the proposal to include a two percent across-the-board increase and a $200 lump sum to employees that will help offset the 7.5% increase in insurance costs for family coverage.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B309-03 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B310-03     Establishing new medical and dental premium rates for the Employee Health Care Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck stated that this will establish new rates as had been previously discussed with the Council.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B310-03 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B268-03     Adopting the FY 2004 budget.
    The bill was read by the Clerk.
    Mr. Beck pointed out that there had been two previous public hearings and presentations by representatives from various boards and commissions. He stated the Council also held a series of work sessions so they could review requests made by the City departments. As a result of these reviews, he explained that the Council had asked that an amendment sheet be prepared.
    Mayor Hindman re-opened the public hearing.
    Mark Kelty, 2104 Sunflower, appealed on behalf of InterAct Teen-to-Teen Theatre from the recommendation by the Community Services Advisory Commission to approve funding in the amount of $10,000, although the group requested $13,000. He noted that last year InterAct received additional funds from the Council's contingency fund and requested that the Council grant the additional $3,000 this year as well. Mr. Kelty explained the purpose of the program and reported that the group increased its local involvement in the community over the past five years. He pointed out that they have changed sponsoring organizations from Planned Parenthood to Fun City.
    Norbert Schuman, 205 E. ElCortez, expressed appreciation to all of the volunteers and City employees who keep the budget balanced.
    Mayor Hindman closed the public hearing.
    Mayor Hindman made the motion that B268-03 be amended per the amendment sheet through the item related to landscaping for Route AC. The motion was seconded by Mr. John and approved unanimously by voice vote.
    Mr. Janku commented that the Smith neighborhood park needs more focus because this is a rapidly growing area. He noted the Council discussion about identifying another funding source rather than utilizing the park improvement fund. Mr. Janku did not necessarily want to slow down the Gillespie Bridge Road park project, but was simply trying to change the priority of the Smith project.
    Mr. Loveless asked how far along staff was in the planning process for both parks and if they are prepared to begin developing either one this fiscal year. Mr. Hood replied that staff's intent had been, if the Gillespie Bridge Road project was approved for funding this upcoming fiscal year, to complete the final planning during the winter months and be in a position to begin development some time probably late in the fiscal year (mid-summer). Mr. Loveless inquired whether staff could take on the planning for Smith Park this winter. Mr. Hood believed they could do this, and said staff would then need to look at next year's budget procedure to see if they could identify a source of funding. Mr. Loveless agreed the Smith neighborhood has developed more rapidly than the area surrounding Gillespie Bridge Road. He suggested moving the Smith project forward, but he will be satisfied with having the plan ready to go for next year.
    To show the intent of the Council more clearly, Mr. Beck suggested they change the CIP to read that staff will do the planning in 2004 and show it as unfunded in 2005. Mr. Loveless supported that idea.
    Mr. Loveless made the motion that B268-03 be further amended to incorporate Mr. Beck's suggestion. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
    Regarding the L.A. Nickel golf course, Mr. Janku asked if it would make more sense to do the irrigation and fairway renovation at the same time rather than waiting for 2005 to fund the improved turf. From staff's standpoint, Mr. Hood said that would make sense, but wondered if it would affect the designated loan amount. Ms. Fleming explained there are certain limits placed on an account in regard to its outstanding balance within the designated loan fund, but she did not believe the additional dollars in this case will be over the available limit. She noted there will be increased interest costs for having the loan outstanding for a longer period of time. Mr. Janku reported that golf course improvements are paid for by the users.
    Mr. Janku made the motion that B268-03 be further amended to include the additional $100,000 for the turf improvements as soon as the course is stable enough after the irrigation system is installed. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    Mr. Hutton made the motion to also amend B268-03 by adding an additional $3,000 requested by InterAct Teen Theatre out of the Council contingency fund. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
    Mr. Janku credited the staff and City Manager for their work on the budget. He noted that this budget reflects the citizens survey that was conducted earlier this year. He spoke of the increased funding for an additional police officer for traffic enforcement, increased funding for street maintenance and other projects, etc.
    Mr. Beck thanked the Council and the staff for their input.
    Mr. Ash remarked that there seems to be an overlap in the tourism development and cultural affairs funding application process. He noted that the Council is the only body that reviews requests from both groups.
    B268-03, as amended, was read with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

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 given second reading by the Clerk.
    Mr. Beck explained this to be an approximate 53-acre tract. When the plan was originally presented to the City, he noted there had been concerns voiced by several departments which have been addressed.
    Mr. Dudark noted that the Planning and Zoning Commission had voted 5 to 2 against approval of the plan after their public hearing. If the Council wishes to consider approval of the plan, he indicated a number of conditions have been included in the ordinance. Since the plan was sent to the Council, Mr. Dudark commented that the storm water management plan has been approved by the Public Works Department. He reported that staff also received verification that the applicant has contracted to purchase the four-acre tract to the north of the property which will be preserved as a climax forest. Mr. Dudark indicated the Council received a staff report about the proposed development and the elements of such that will and will not be in conformance with the Rock Quarry Special Area Plan.
    Mayor Hindman opened the public hearing.
    Craig Van Matre, an attorney with offices at 1103 E. Broadway, spoke on behalf of the applicants. He explained that the Grindstone Plaza is a proposed C-P development with commercial and mixed uses. The applicants in this case are Red Oak Investment Company, Aspen Acquisitions and THF Grindstone. The purpose of the hearing tonight is to permit the development of the site for a Wal-Mart Super Center. Mr. Van Matre displayed a depiction of the project and showed where they propose to construct a 2.11 acre park.
    David Bennett, a civil engineer with Engineering Surveys and Services, 1113 Fay, explained that his office prepared the C-P development plans. He said they have tried to address staff comments as much as possible and he noted City staff is recommending approval. Since the Planning and Zoning meeting, Mr. Bennett stated they have made some modifications to the plan, although these have not been very dramatic.
    Mr. Bennett pointed out a new driveway just west of Red Oak Drive and just east of the detention pond which is the interconnecting drive requested by staff. He indicated the recycling area by the truck dock on the northeast corner of the Wal-Mart facility. Mr. Bennett spoke about the pedestrian connections along Grindstone Parkway into the center. He remarked these connections could not be extended any further east or west due to grade differentials in those areas. As requested, he reported that "Hindman Drive" has been renamed to "Red Oak Drive." He also noted that the lighting standards have been lowered from 42-feet to 35-feet in height, which is the standard for City residential street lights. The proposed plan also exceeds the City's minimum 15% landscaping standards with 41% of the area being landscaped.
    Mr. Bennett described the storm water filters that will be utilized as part of this project. In addition, he stated there is an existing eight-inch sewer downstream of this facility to the northwest which has the capacity to handle this development; however, the City has asked them to replace approximately 800 feet of the sewer with a ten-inch line. The developer has agreed to do so. He said they have also agreed to maintain the median within the Grindstone Parkway which is normally done by City forces.
    In regard to storm water drainage, Mr. Bennett spoke of the plans for a wet weather detention pond that has been designed on site with peak flows for the 10, 25, and 100-year storms. He said the two-year flow was what actually controlled it and the 100-year has a substantial difference.
    Mr. Bennett showed a slide of the relative elevations of the light poles. He pointed out that due to the topography in this area, very little of the actual pole would be seen.
    Mr. Bennett reported that during the construction phase, silt savers (shown on the overhead) will be installed. As a filtering system, these will help keep sediment out of the stream. He explained how the filters work and said the developers have agreed to maintain them as necessary.
    Chuck Morris, Professor at the University of Missouri - Rolla, stated he has taught storm water hydrology and hydraulics for 25 years. Dr. Morris visited the site to see the lay of the land and determine the condition of the stream. He also reviewed the storm water plans developed for the site. After careful evaluation, he believed the applicants have met all of the storm water requirements, not only those imposed by the City, but also beyond that. Dr. Morris reported they have provided additional storage facilities and have reduced a number of the flows below what is required. He felt the impact of the development on the environment has been mitigated. Because the stream bed and banks are actually solid rock, he thought there will be minimal erosion downstream due to the additional volume of water created by the impervious surfaces within this development. Dr. Morris noted the engineering firm also increased the size of the pipes to match the velocity in the stream. He commented that should also help minimize any erosion downstream.
    Julie Nolfo, Professional Traffic Operations Engineer with Crawford, Bunte, Braemeyer, reviewed the traffic study. She noted they performed the study using industry standards and did an extensive modeling effort of all the critical intersections around the area. Through each stage of the study, she reported they interacted with MoDOT and the City's public works and planning departments to reach some agreement as they moved forward. Ms. Nolfo pointed out that the study projected 20 years out at the request of the Public Works Department. As a result, she is confident that the existing and the proposed infrastructure will work over the next 20 years.
    Ms. Nolfo reported that currently, the intersection of Providence and Green Meadows is rated at a failing service. They recommend extensive improvements at this location, both on the east and westbound approaches. As a result of these improvements, the intersection will be upgraded to a "C" level of service. She indicated the intersection of Providence and Grindstone has enough capacity to accept the additional traffic from the development and will continue to operate at level service "C." Ms. Nolfo related that Grindstone and Buttonwood function at service level "B" today and will continue to do so following the development. She showed the intersection of Green Meadows and the extended Gray Oak, which does not currently exist. She said this intersection will operate with stop signs on Gray Oak, and in 20 years she said it could continue to operate that way unless there is further development to the north which might prompt the need for a signal. The intersection of Green Meadows and Red Oak/Oak Forest was displayed and she explained they recommend four lanes of road north of the access and five lanes south of the access, going toward Grindstone. Due to the limitation in access along Grindstone Parkway, she said this intersection will need to have dual access into and dual left turns out of the development site. As a result, Ms. Nolfo said it will need to be signalized until such time the City chooses to extend Gray Oak to Rock Quarry Road. The two intersections, which do not exist today, will operate at service level "B" or better. She showed the intersection of Grindstone Parkway at Green Meadows which MoDOT just built as part of their construction of Grindstone Parkway. As designed, Ms. Nolfo reported the intersection has plenty of capacity and can accept traffic from the proposed development. To be prudent, she suggested cutting into the median to provide dual eastbound left turn lanes which will minimize the queuing on Grindstone Parkway and improve the efficiency of traffic flow. It operates today at service level "B" and following development she said it will operate at service level "C" or better. Next Ms. Nolfo displayed the intersection of Grindstone Parkway and Red Oak's east entrance, located about 1,500 feet west of the intersection of Rock Quarry Road. She said they looked at three means of access at this intersection: signalized, full access unsignalized, and three-quarters access which prohibits the left turn out from the development onto Grindstone Parkway. After analysis of the three options, they recommend that three-quarters access will be most prudent. Ms. Nolfo stated there will be no left turn from this development directly onto Grindstone Parkway. As a result, the intersection will work at service level "B". Today, the signalized intersection at Grindstone Parkway and Rock Quarry operates at service level "B" and will remain the same following development. She said the Nifong Boulevard and Rock Quarry Road intersection operates at service level "A" today and will continue to do so after the development is completed.
    Ms. Nolfo displayed a simulation of traffic movements on the streets surrounding the development. She spoke about the concern of how traffic will flow along Green Meadows between the two signalized intersections. After looking at the model, she said it was shown that coordinated traffic could move along easily and actually more efficiently than it would if not coordinated and signalized together. They felt their recommendation there to be sound. In conclusion, Ms. Nolfo stated it is their opinion that traffic will not be a problem and that the Grindstone Plaza development will not have an adverse impact on the road system, assuming the off-site improvements being proposed are implemented.
    Otto Maly, 1015 E. Broadway, said they have done everything reasonably within their power to make Grindstone Plaza acceptable. He said they have given the neighbors multiple opportunities to have input into their plan and have made every change to the plan City staff has suggested. In reference to parking, Mr. Maly said Wal-Mart requires a certain number of spaces based upon their expertise and knowledge of how many people shop at their Super Centers. The size and scope of the development is required to pay for the substantial off-site costs they have been asked to assume and have volunteered to do so. Mr. Maly remarked this is the best site available and it has been approved by MoDOT and the City staff and has all the necessary infrastructure. He noted a portion of the tract is already zoned C-P. The site, he said, is perfect for this type of development.
    Mr. Maly outlined the various things they plan to do to make the new Wal-Mart store more aesthetically pleasing and energy efficient such as: painting the roof white to better reflect heat and reduce utility costs, installing over 200 skylights for the same reason, identifying an area on the property for the City's use as a recycling center, assume the burden of landscaping and maintaining the median on Grindstone Parkway, as well as finding new tenants for the vacant stores in the Rock Bridge Shopping Center. Mr. Maly reported a hardware store will occupy the building Wal-Mart is in currently, and a high end grocery store will occupy the vacancy created by Nowell's. He displayed pictures of the proposed fountain that will be installed in the park area at the east end of the development, and the fountain to be installed at the west entrance. He spoke of the plans to construct mixed use buildings in the eastern portion of the development. Mr. Maly said they will help pay for a hiking trail behind their center along the climax forest areas to connect to the Grindstone Park trails and plant new trees in the area. He said they will build and maintain a park on the 2.11 acre tract at the east end of the development and dedicate it to public use. He spoke of the plans to form a TDD to pay for numerous road improvements including the substantial cost of connecting Green Meadows to Providence Road. Mr. Maly reported they will cooperate with the City in allowing additional downstream water detention facilities to be built in the north portion of their site when designed by the City.
    Mr. Maly stated this development will increase the City's property tax base. In addition, this project will add at least 350 new jobs to the local economy, the sales tax revenues from this development will be collected on more than $150 million in retail sales per year, and approximately $25 million in new construction will be added to the local economy. Mr. Maly asked the Council to support this plan.
    Bob Smith, 709 Russell Boulevard, a shareholder of the Red Oak Investment Company, explained that approximately nine acres of the tract is already zoned C-P as the Council made the decision several years ago that business should be moved to the east of the intersection of Green Meadows and AC. Mr. Smith noted the odd, triangular shape of the tract and said they had been concerned about the environmental impacts of development in this area so they tried to find someone with the financial ability and expertise to do it right. Provisions were put in the contract to assure the protection of the environment.
    Mr. Smith pointed out that he was on the committee that worked on the Special Area Use Plan that was adopted in 2002. He said the Plan was not to specifically find a location for a particular building, but to identify concepts. He noted the different types of development on the Plan. He said they feel this C-P plan is consistent with the Special Area Plan. In describing commercial development, Mr. Smith pointed out that the Plan specifically said that it is to encourage a planned commercial retail center at the intersection of Green Meadows Road and new Route AC. He related that is exactly what they have done. He commented if this request is not approved, development on this property will occur in pieces and he maintained that small developers are unable to afford the kind of storm water and off-site improvements that are shown in this plan.
    Hugh Stephenson, 5 Danforth Circle, a charter member of the Rock Quarry/Grindstone Neighborhood Association, stated that his family owns 94 acres adjacent to the site under consideration. He asked the Council to support the application as this project will be an asset to the community.
    Greg Steinhoff, 3201 Bluff Creek Drive, spoke as a businessman living in the community. He pointed out that $10 million in annual sales tax revenue will help fund important project that are essential for Columbia to remain a great place to live. Mr. Steinhoff thought this project is an important opportunity to build upon what the City currently has and would like to improve.
    Dr. Sun, 2908 Shoreside Drive, introduced the Pastor of the Chinese church and another church member. The Pastor spoke in support of the application and said the church supports the development as a neighbor.
    Scott Orr, 3100 E. Cheavens Road, spoke on behalf of himself and his wife, Cheryl, in support of the plan. He noted a number of people present in the audience in support of the application.
    Eric Albert, 700 N. Ann, spoke in support of the plan and said he would prefer that the park be irrevocably donated.
    Julie Youmans, 2101 Rock Quarry, neighborhood association president, spoke about the frustrations of the neighborhood and how some residents are adamantly opposed to the development and some felt this was the greatest plan they could expect.
    Jeff Barrow, 1007 Coats, pointed out that this project has come about as a result of the AC corridor improvement, which was initiated to relieve traffic congestion. In reference to the Special Area Plan, he remarked there had been a lot of compromises made in order to come up with a plan that everyone could accept. He felt this proposal flies in the face of the Plan because the development is too big. Although the pattern is a mirror image, he said the scale is out of proportion to what was envisioned. Mr. Barrow suggested that the Council step back and engage in a public process similar to the one that developed the Special Area Plan in the first place. He maintained if the Council approves this application, it will damage the integrity of the planning process. Regarding the sales tax issue, he said that Wal-Mart is using public expense of building a highway in order to make money off the community. Mr. Barrow stated that sales tax is strictly a secondary affect. He urged the Council to defeat the proposal.
    John Coffman, 1623 University, thought the plan exceeds the commercial designation on the Special Area Plan. He agreed the Plan was not designed to be an exact map, but this project far exceeds it. He remarked the amount of impervious surface with this development will have an adverse impact on Hinkson Creek. As a Council person at the time the Special Area Plan was approved, Mr. Coffman did not think that Gray Oak Road would be extended to Rock Quarry Road. He also did not think the Council was voting on a road plan. If the Council chooses to approve this application, Mr. Coffman suggested that they insist on the condition that Gray Oak will not connect to Rock Quarry Road. He also expressed concern about lighting and signage for the project.
    Vanessa Palmer, 106 E. Stewart, read a statement she passed out to the Council. Ms. Palmer is opposed to the request because of the negative impact it will have on the local economy, businesses and community.
    Norbert Schumann, 205 E. ElCortez, said the amenities being referred to would be fine for a Super Center, but he believed this to be a good project in the wrong place. He thought it should be adjacent to one of the major highways such as the original Super Center. For simple shopping, Mr. Schumann thought people preferred the convenience of a small, neighborhood store.
    Karl Skala, 5201 Gasconade, spoke in opposition to the Grindstone Wal-Mart lighting plan. He explained his concerns about safety and aesthetics. As a member of the Planning and Zoning Commission, Mr. Skala believed the Commission's recommendation of denial to be properly based on consideration of land use scale and conflict with respect to the Rock Quarry Special Area Plan. He noted that their decision also precluded any substantive discussion of the C-P plan itself. Mr. Scala recommended that, should the Council decide to approve this request, they refer the discussion of the specifics of the C-P development plan to the Planning and Zoning Commission for a separate public hearing and recommendation to the Council.
    Donna Kennedy, Director of Hometown Merchant's Association, in Springfield, Missouri, explained that the Association is a Missouri non-profit corporation and an advocate business group representing multi-industry across the state. She commented that they focus on providing assistance to independent businesses to help them stay strong and vital in the community. She said they are fully committed to working in partnership with local city government, planning and zoning, and administrators. Ms. Kennedy remarked that she has researched and has seen the problems that local government is faced with when it comes to Wal-Mart. She is not anti-Wal-Mart and pointed out that she believes in free enterprise, but said she also believes in a level playing field.
    Carolyn Matthews, 4200 Rock Quarry, urged the Council to conduct a feasibility study before making a decision in this case.
    Johan Holt, on behalf of the Osage Sierra Club, voiced concern about the impact this development will have on Hinkson Creek, an impaired water body for unknown pollutants. He spoke about a study that needs to be done on the Creek and said no contaminants could be added to it until the study is completed. He is hopeful this study will be done in 2004.
    Jeffrey Lawhorn, streets of Columbia, addressed the Council.
    Susan Frank, 627 Bluffdale, explained that she lives downstream from the other Super Wal-Mart and said they lost five to ten feet of their stream bank last year. She is concerned about irresponsible development. Ms. Frank did not understand why another Super Wal-Mart is needed in Columbia.
    Dean Anderson, 814 Timbers Court, noted that he lives directly downstream from the proposed development. He is concerned about the amount of impervious surface, but he thought it was wonderful the developer is going to great lengths to try to mitigate excess runoff. He was troubled that this project might set a precedent to allow the same amount of impervious surface in other developments. If so, he expressed concern about the potential for flooding in Seven Oaks. He wondered if there had been any discussion about putting in a parking garage in order to reduce impervious surfaces. Another concern was how the other Wal-Mart stores use a lot of their parking spaces for the sale of seasonal items, sometimes using up to 200 spaces. Mr. Anderson suggested that the Council include a stipulation that all retail sales must occur within the store so the parking lot could be reduced in size.
    Craig Van Matre pointed out that the floor area of the building will be 30-feet below the street grade. He stated they certainly do not intend for the lights to be visible or to extend beyond the boundaries of their property. He indicated they are not opposed to changing their lighting plan. Mr. Van Matre reported that the C-P process will offer the City protection, but if the Council wants to include some type of additional protection to assure they follow all their promises, he said they will be happy to comply to such a request, either in the form of a development agreement or something of that sort. He assured the Council they intend to abide by each of their promises.
    Mayor Hindman closed the public hearing.
    In terms of the traffic study, Mr. Janku asked Mr. Patterson if his staff and MoDOT agreed with the findings. Mr. Patterson said they did. He indicated that staff has gone through several iterations of traffic proposals, and the applicant's engineers have provided documentation to support the final conclusions.
    Mayor Hindman asked about parking spaces being used for seasonal sales. Mr. Van Matre explained that Wal-Mart will have outdoor displays, but said if the Council does not want that to occur, he thought they could be accommodating in that regard. He related that Wal-Mart likes to run outdoor sales, but if the Council wants to prohibit or restrict this in any way, he thought they could address it.
    Mr. Ash felt the concern was that the parking lot is being made larger on purpose to support this kind of use. If the use is not permitted, he said the parking lot will not need to be as big. Mayor Hindman agreed. He said at one time the Council discussed enacting an ordinance that would cap the size of parking lots, and they were told that no one builds a parking space they did not need because of costs. Mayor Hindman suggested reducing the number of parking spaces, or perhaps reserving an area so that spaces could be added in the future if necessary.
    Mr. Maly agreed that Wal-Mart does display seasonal items. They have, in other communities, restricted these sales to a certain area. He said they could look at cutting down the number of parking spaces and waiting to see if they are needed in the future. He suggested that area being the furthest from the store.
    Mayor Hindman asked about signage. Mr. Maly replied that two pylon signs are planned, one on Grindstone and one on Green Meadows. He pointed out that the staff report discusses signage and the square footage of such.
    Mayor Hindman spoke of his interest in preserving Hinkson Creek and thought at some point it will provide a wonderful recreation area for Columbia. He asked Dr. Morris about the flooding problems the residents of Seven Oaks have been experiencing and whether this plan will add to that flooding. Dr. Morris was of the opinion that this project will not increase flooding because flows will be held in a detention basin so the peak discharge will not increase. He also indicated that the volume of water is released over a longer period of time. Dr. Morris reported that if that happens to correspond with the peak of the flood, then it is possible it might increase the flows, but by the same token, if the timing is such, it may decrease the flooding. Without having performed a detailed analysis of the timing of those events to determine what affect the flow from the development will have, but based on the fact that peak flows will be detained, it is his opinion that there will not be any increased flooding downstream.
    Mayor Hindman asked about the overall impact to Hinkson Creek. Dr. Morris explained there will basically be a longer duration of flows. He said one could look at it as a spring fed stream -- instead of the peak rising very quickly and then coming down, the water will be held in the detention basin for a longer period of time and released at a slower rate. He acknowledged the flows will be somewhat higher for a longer period of time. Since the creek's bottom consists of rock, he did not believe there will be any incision and, therefore, there will be minimal or no impact on Hinkson Creek in terms of the erosive process. He said there are always locations along any creek where it naturally would have eroded anyway.
    Ms. Crayton asked about the difference in storm water controls in this development versus the Wal-Mart on Conley Road. She also inquired about the viability of the grocery store that is proposed for the Rock Bridge Shopping Center. Mr. Van Matre replied that when the Wal-Mart store on Conley was built, the City's storm water procedure were substantially different. He explained in that case, Wal-Mart paid into a storm water management fund and entered into an agreement with the City to design and pay for a rip rap channel or a detention arrangement off-site. He did not know what difficulties the City encountered in that regard, although, he has corresponded on several occasions with Mr. Boeckmann, Mr. Patterson and the adjacent property owner. Mr. Van Matre commented the storm water problem in this area definitely needs to be solved, and Wal-Mart entered into an agreement with the City to contribute "X" amount of dollars, but the City was supposed to obtain the easements and approve a design. He said the three parties have not gotten together on it. Mr. VanMatre pointed out that this proposed project is located in a planned district and the Council can impose specific standards. In regard to the high-end grocer looking at space in the Rock Bridge Center, the tenant knows of the plans for this Super Wal-Wart and they are willing to compete with them being in close proximity to each other. Mr. Van Matre stated the grocer comes from a big company and it is presumed they know what they are doing.
    Mr. Loveless noted that 59% of the entire development will be paved or roofed. Mr. Maly said that was correct.
    Mayor Hindman said the Council does not want to create a bottleneck like the one that existed before the roadway was improved. He asked if he understood correctly that the extension of Green Meadows up to Providence would be planned, but not constructed at the time of this project. Ms. Nolfo's understanding was that, as part of the development, the funding would be put forward so it could happen in conjunction with the development, including the improvement of the intersection of Providence and Green Meadows. She said that needs to happen in conjunction with the extension of Green Meadows, but is not currently part of the City's plan. Mayor Hindman asked about the main entrance into the development. Ms. Nolfo responded the main entrances will be located on Green Meadows. Mayor Hindman questioned whether they will be extended to the west. Ms. Nolfo stated there is a development area to the west of Green Meadows that they also took into consideration in the studies so they had a picture of the whole quadrant. She said it would be logical to align the access to both of the development areas. She noted the west leg of the intersection may not occur right now. Mayor Hindman understood that is not part of this development. Ms. Nolfo agreed it is not part of this development, but said they wanted to ensure all the road improvements being recommended can accommodate that development as well. As part of this development, she noted that $4 million worth of road improvements are recommended.
    Mr. Loveless voiced concern about traffic. Having been a member of the AC Committee, his understanding was the roadway was designed to move high volumes of traffic at a rapid speed between the south part of Columbia and US 63. He did not recall the vision of the road being to funnel traffic to commercial developments along its corridor. He was concerned about this new road being used to serve local commercial traffic. Mr. Loveless pointed out that was the reason for designing the road in the first place. He asked Ms. Nolfo if she thought his concern was unfounded. Ms. Nolfo replied that it was evident in early discussions between MoDOT and the City that this road was built to carry traffic, not to become a means of access to development. She pointed out four points of access to the site: one off of Red Oak to Gray Oak, one onto Green Meadows which will be signalized, and two points of limited access onto Grindstone. She noted that MoDOT would not entertain any means of full access, signalized or otherwise. The eastern access is three-quarters and allows a left turn in, which will be built into the median, as well as a right in/right out. The western access onto Grindstone allows only right in/right out movements. Ms. Nolfo reported these are rather innocuous points of access -- meaning the movements can be handled with minimal disturbance to Grindstone Parkway. The traffic will be directed onto Green Meadows, a local road. She noted that the purpose of a local road is to serve adjacent development areas and to funnel traffic to major arterial roads. She indicated the spacing for a signal on Grindstone was more than adequate to satisfy MoDOT's new access guidelines, but they were not willing to entertain it because they wanted to protect this road for the same purpose the Council does. Ms. Nolfo said after the development goes in, and going up through 20 years of projections, the road will still function with its intended purpose. She related that was something both the City and MoDOT had been adamant about.
    Mr. Loveless asked if there will be deceleration lanes turning into Red Oak from Grindstone. Ms. Nolfo responded that there are deceleration lanes into the development. She noted that she is not a proponent of acceleration lanes because they give motorists merging into traffic a false sense of security. In this case, Ms. Nolfo reported she did not recommend acceleration lanes out of the development, and MoDOT also agreed that the lanes were not appropriate at this location. Mr. Loveless was concerned about vehicles trying to merge into 50 mph traffic from a dead stop. Ms. Nolfo explained that the theory is that a driver will wait for the gap in traffic flow. She commented that acceleration lanes have proven that people will turn out regardless. Mr. Loveless could not envision a right out onto westbound Grindstone functioning at any kind of a safe manner. Ms. Nolfo indicated she is willing to go back to MoDOT and ask them if they would entertain the idea of an acceleration lane. Ultimately, she said it is their decision.
    Regarding future demand for the roadway, Mr. Janku asked if they had taken into consideration the future, relatively intense use of such. Ms. Nolfo replied they worked with the public works department in coming up with the growth rate. She said that figure is inclusive of growth in the area. Mr. Janku wondered if it took into account existing zoning plus projected land use changes that might occur over 20 years. She said it did.
    Mr. Ash perceived the developer agreeing to create the TDD and fund the extension of Green Meadows Road as a very positive aspect of this proposed project. He believed the Council will have to come up with a very big negative to offset it in order to deny the application. Another positive he saw was the 41% landscaping which will be very different from The Broadway Marketplace development. In reference to storm water, Mr. Ash noted the developer is claiming the situation will be at least equal to what it is currently, and in some cases, even better. He thought the new concept of filtering was impressive. On the negative side, referring to the tree harvesting mentioned in the report, Mr. Ash thought the City may need to review the tree ordinance. Regarding the Special Area Plan, Mr. Ash agreed this proposal may not match it exactly, but it seems bigger in some areas and smaller in others. He wondered if the Plan is to be used as a guideline or is a hard and fast rule. Mr. Ash acknowledged the neighborhood's resistance in extending Gray Oak Drive to Rock Quarry Road, and added that the developer does not want to do this. He noted it was shown at the direction of City staff. He thought the City wanted it done because it would take away the temporary traffic signal. Mr. Ash spoke of his preference for the rezoning to be uncoupled from the actual discussion of the plan. He wanted to hear Planning and Zoning's thoughts on the plan.
    Mr. Ash made a motion to amend B281-03 by separating the rezoning from the plan. The motion was seconded by Mr. Loveless.
    Mr. John indicated his main concern was how this project fit in with the Rock Quarry Special Area Plan. He agreed that it does not match 100%, and said there may be those that say it does not match in the intent. Mr. John noted, however, the plan is to be used as a guide - it is not a zoning law. In reference to the Gray Oak extension, he related that when the Rock Quarry Road corridor was discussed and developed, there was a connection from Green Meadows through the back to Rock Quarry, and a connection coming off of Grindstone going up through the middle between Rock Quarry and Green Meadows. He stated these connections were always shown, but it was not known where the roads would actually be located. Mr. John believed there would be very little reason for people to not go out onto Grindstone, then go to Rock Quarry, and go back into town on Rock Quarry. He said that is one type of movement, but those people may go Gray Oak to Rock Quarry. He did not think there would be a lot of new traffic going down Rock Quarry Road just because they can go up Gray Oak. He did not think a lot of traffic will be added to the north of the development. Mr. John also did not believe this development will pull traffic off of US 63 because those folks will more likely go to the other Super Center. He noted this is not a matter of whether or not the Council likes Wal-Mart -- they are not here to choose between different retailers. Mr. John reported because this project will be a planned development, the Council will have more control over the uses, roadways and drainage.
    Regarding the motion made by Mr. Ash to separate the zoning from the plan, Mr. Janku said when applicants do not prepare a plan to accompany a rezoning request, people are frequently opposed to the request because they want to see a plan first. He thought the time to lock people down is when the rezoning occurs.
    Mr. Ash agreed it is extremely helpful to have seen the plan prior to granting the rezoning, but given the size of the development, he would be more comfortable hearing Planning and Zoning's comments before making a decision.
    Mr. Loveless believed that regional sized developments should be located near a freeway. Having the benefit of Mr. John's thoughts that this project is not of that scale, his concern has been somewhat alleviated. Mr. Loveless felt the developer has done an outstanding job of trying to accommodate everyone. He applauded their efforts and said it is unfortunate this has become a "Wal-Mart issue" because in actuality it is a zoning issue. Mr. Loveless commented that he has not seen enough details of the plan to give it proper consideration. Having a chance to examine the plan closely would benefit them all, and he thought having the deliberations of Planning and Zoning on the plan itself was a good idea.
    Ms. Crayton voiced her concern about the speed of traffic and seasonal sales on the parking lot.
    Mr. Janku suggested holding the issue over to the next meeting (as opposed to sending it back to Planning and Zoning) so that more information can be supplied in regard to the parking lot and lighting. Mr. Ash was not opposed to tabling this issue if Planning and Zoning could readdress the C-P plan. He reiterated his preference of hearing their comments.
    Mr. Hutton spoke of his support for the rezoning because he thought it would be much better to develop 57 acres under one plan than it would be to develop five acres at a time under different plans. He believed smaller developments would increase impervious surfaces, offer less green space, and would not address storm water detention. Mr. Hutton agreed that the Council cannot handle all the issues pertaining to the plan tonight. He suggested tabling the bill in order to get more input on the signage and parking lot issues before making a decision.
    Mayor Hindman said there is no question that this development will have a long-term, major impact on Columbia. He thought the developer has done a good job with this project and did all the things the Council usually asks of developers. When looking through the Planning minutes, he thought the decision to vote against the request was because the Commission felt it went against the Special Area Plan. Mayor Hindman agreed that this proposed project is not exactly of the size outlined in that plan, but he could not agree it is a land use issue and that it should be denied. He thought the Council recognized this is not a Wal-Mart issue. Mayor Hindman disagreed with comments made that big box stores should be located near highways. He did not think people are likely to come to Columbia because of this Super Center because there are lots of Super Centers in nearby towns. Mayor Hindman thought these types of stores should be located as close as possible to the core of the City. He believed the applicants had submitted very responsible information regarding storm water runoff and traffic. Mayor Hindman indicated he still has concerns about the signage, parking lot size, roundabout, and the lighting, but he supports the rezoning request and did not think the Council should send the plan back to the Planning and Zoning Commission. He did agree the Council should table this issue in order to obtain more information about the specifics of the plan.
    Mr. John pointed out that design parameters are part of the zoning process. He thought a lot of the issues they have will feed back into the design parameters.
    Mr. Ash withdrew his motion to amend. Mr. Loveless withdrew his second.
    Mr. John made the motion that B281-03 be tabled to the October 6, 2003, meeting and that the Council be supplied with more information relating to signage, a designated area for outside sales, lighting, and an option to reduce or delay some of the parking shown in the current plan.
    Mayor Hindman commented that staff needs to ensure there is a way that the City can enforce the different aspects of the project that had been shown this evening.
    Mr. Loveless still had concerns about the lack of an acceleration lane coming out of the right hand turn on Red Oak. Mayor Hindman related that he would like to see the roundabout, but admitted he would not turn the application down because one is not shown. Mr. Janku said when or if the stop light is removed, that would be the time to at least have available the proper right-of-way for a roundabout. Mr. Loveless was unsure that any future configuration of the streets would relieve MoDOT's concern about having a roundabout only 700 plus feet away from the intersection, no matter whether the light goes or stays at the entrance to the development. Mayor Hindman thought it could be mentioned to MoDOT that the Council prefers a roundabout at this location if it would work. He believed this should be added to the list of things to be discussed.
    Mr. John noted that Exhibit J mentions 30% of the property will be landscaped instead of 41%.
    Mr. Van Matre requested that if this issue is tabled, that it be to a meeting when all seven Council members will be present.
    The motion made by Mr. John to table was added to and seconded by Mr. Janku and approved unanimously by voice vote.
 

B299-03     Rezoning property located on the southeast corner of Creasy Springs Road and Prairieview Drive from A-1 to R-1.
    The bill was given second reading by the Clerk.
    Mr. Dudark noted that the property contains 29.5 acres and was recommended for approval by both staff and the Planning and Zoning Commission.
    Mayor Hindman opened the public hearing.
    Dana Watts, 108 Granada, noted that a great deal of rezoning is occurring in areas that already have problems with traffic flow. He asked the Council to institute arms of government that would protect the environment and promote sustainable energy projects.
    Mayor Hindman closed the public hearing.
    B299-03 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B304-03     Authorizing construction of water main serving Smithton Ridge, Plats 5 and 6; providing for payment of differential costs.
    The bill was given second reading by the Clerk.
    Mr. Beck described this as a small water line project wherein the City pays the difference in accordance with policy. The amount in this case is $807 for a 125-foot eight-inch line with the developer paying the remaining cost.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B304-03 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B305-03     Calling for bids for the construction of water main along Kircher Road, between Dusty Rhodes Lane and Mount Hope Road.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the project consists of 6,000 feet of 12-inch water main which will be installed to upgrade two and three-inch lines in Water District No. 2. The estimated cost of the project is $270,000 with the funds coming from Water and Light monies. He noted this would provide the City another interconnection to a Water District system.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B305-03 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

(A)     Voluntary annexation of property located at the southeast corner of the intersection of State Route KK and Crabapple Lane, extended.
    Item A was read by the Clerk.
    Mr. Beck explained this to be a 50 acre tract and the applicant has requested permanent R-1 zoning. He noted an ordinance will be introduced under New Business.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
 

OLD BUSINESS
B303-03     Authorizing an Electric Energy Sales Agreement with Ameren Energy Marketing Company.
    The bill was given second reading by the Clerk.
    Mr. Malon explained that the Council authorized staff to bid out the purchase of 80 megawatts of capacity and energy. He noted the current power supply contract with Ameren Energy is going to terminate May 31, 2004. He stated that Ameren Energy Marketing was the lowest and best bid. The bid was broken down into two components: one relating to a system participation sale and the second involved additional participation in the Columbia Energy Center. The item up for consideration this evening pertains to the 3½ year contract for the purchase of capacity and energy around the clock (24/7). Mr. Malon indicated that this particular product includes the15% planning reserve. He said the actual price, with the 15% reserve margin, is in the range of about $9.75. He reported that the Water and Light Advisory Board voted in favor of the contract.
    Mr. Beck pointed out that the budget does not show an increase in electric rates in the FY04 fiscal year, but as a result of this contract, he said electric rates will need to be reviewed for the FY05 fiscal year.
    B303-03 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
 

B307-03     Amending Chapter 4 of the City Code pertaining to alcoholic beverages.
    The bill was given second reading by the Clerk.
    Mr. Beck explained these changes would simply mirror the new state law.
    Mr. Janku asked about hotels with at least 40 rooms in the same category as restaurant bars. He asked if this would give them the right to sell liquor which they do not already have. Mr. Boeckmann said that was correct, it would allow them to get a liquor by the drink license. Mr. Janku asked if that was true even if they do not have a stand alone restaurant. Mr. Boeckmann replied yes. Mr. Janku was concerned about hotel zoning coming up and the questions about the impact on the surrounding area. He noted a few contentious cases over the years. Mr. Boeckmann said this would be for Sunday sales and they would already have to have sales under a regular license.
    Ms. Crayton was bothered by the 9:00 a.m. sales time. Mayor Hindman asked if Columbia were to leave the Sunday time at 11:00 a.m. if the state law would apply. Mr. Boeckmann explained the general rule is that the City cannot prohibit what the state allows. He said there is an old case that upheld the City with different hours than the state.
    Mr. Ash pointed out there would be confusion if the two entities do not have the same rules. Ms. Crayton did not think that was a reason to amend the ordinance.
    B307-03 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: CRAYTON. Bill declared enacted, reading as follows:
 

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

B297-03     Approving the final plat of Bluff Creek Estates Plat 7; authorizing a performance contract.
B298-03     Approving the final plat of Elk's Lodge No. 594; authorizing a performance contract.
B300-03     Authorizing application for FY 2004 transit operating and capital assistance grants.
B301-03     Calling for bids relating to the construction of sidewalk ramps and cross walks at the intersection of Fifth Street and Cherry Street.
B302-03     Accepting conveyances for drainage, sewer, street, sidewalk and utility purposes.
B306-03     Accepting conveyances for water and electric purposes.
R190-03     Setting a public hearing: voluntary annexation of property located at the north terminus of Shamrock Drive, west of Lake of the Woods Road.
R191-03     Setting a public hearing: amendment to the FY 2003 HOME Action Plan.
R192-03     Setting a public hearing: FY 2004 Action Plan.
R193-03     Setting a public hearing: improvements to Again Street Park.
R194-03     Setting a public hearing: construction of an access trail connecting Seven Oaks Subdivision to the Hinkson Creek Trail.
R195-03     Authorizing Amendment No. 1 to agreement with the Missouri Department of Health and Senior Services relating to CORE Public health functions.
R196-03     Authorizing an agreement with local agencies relating to Missouri State Homeland Security grants (2003 and 2003 Part II).
R197-03     Authorizing acceptance of FY 2003 Missouri State Homeland Security Grant Program, Part II.
R198-03     Authorizing an agreement with the Missouri Highways and Transportation Commission for FHWA and FTA planning grants.

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

NEW BUSINESS
R199-03     Approving an amendment to the FY 2003 HOME Action Plan.
    The resolution was read by the Clerk.
    Mr. Beck explained that this authorizes the transfer of $40,000 in HOME monies into the homeownership assistance program.
    The vote on R199-03 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R200-03     Establishing a cable television task force.
    The resolution was read by the Clerk.
    Comments were called for with none received.
    The vote on R200-03 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
 

R201-03     Accepting a gift of art for The ARC.
    The resolution was read by the Clerk.
    Ms. Hunter commented this was their first opportunity to use the policy for accepting gifts of art. She indicated this is a good opportunity to display local art work at The ARC.
    Mr. John asked if a location had been selected for the piece. Ms. Hunter replied that it will most likely be located on the second floor, overlooking the basketball courts to establish a connection between the subject matter and the location. She noted that the sculpture will be enclosed in a case, but they thought the second floor of The ARC to be a good location to enable some limited access.
    Mr. Janku suggested obtaining the rights to reproduce this piece in other forms, i.e., possible logos for t-shirts. Ms. Hunter replied that the donor has been very good to work with and she could talk to her about that possibility.
    The vote on R201-03 was recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. 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:

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.

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.

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.

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."

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.
B316-03     Approving a revision to the C-P development plan for University Chrysler.

B317-03     Amending Chapters 25 and 29 of the City Code relating to definition of a lot.

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.

B320-03     Authorizing improvements to Again Street Park.

B321-03     Authorizing construction of an access trail connecting Seven Oaks Subdivision to the Hinkson Creek Trail; appropriating funds authorizing agreement with Seven Oaks Homeowners Association, Inc.

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.
 

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

(B)     Use of Downtown Sidewalks.
    Mayor Hindman made the motion that the request be granted as written. The motion was seconded by Mr. Ash and approved unanimously by voice vote.
 

BOARDS AND COMMISSIONS
    Upon receiving the majority vote of the Council, the ensuing individuals were appointed to the following boards or commissions:

COMMUNITY DEVELOPMENT COMMISSION
Eckerle, Susan R., 102 Pershing, Ward 2 - term to expire 11/1/04

CONVENTION & VISITORS ADVISORY BOARD
Bank, Gail I., 1214 S. Fairview, Ward 4 - term to expire 9/30/05
Berends, David J., 2400 Calico, Ward 3 (O/O) - term to expire 9/30/05
Gilbert, Linda K., 2607 Pine, Ward 3 - term to expire 9/30/05
Patal, Utsav G., 2210 Bay Brook, Ward 6 (O/O) - term to expire 9/30/05
Schultz, Thomas D., 1311 Troon, Ward 5 - term to expire 9/30/05

BOARD OF ELECTRICAL EXAMINERS
Nevins, Monte, P., 103 N. Glenwood, Ward 1 - term to expire 8/1/06

INTERNET CITIZENS ADVISORY GROUP
Christianson, J. Scott, 300 S. Garth, Ward 4 - term to expire 10/15/06
Daniel, Jeffrey C., 6611 Chrissula - Ward 5 - term to expire 10/15/06
Swingle, David L., 1520 Prestwick, Ward 5 - term to expire 10/15/06

NEW CENTURY FUND BOARD OF DIRECTORS
Battle, Eliot F., 2200 W. Rollins, Ward 4 - term to expire 9/30/06
Digges, Kathryn Y., 7 Bingham, Ward 5 - term to expire 9/30/05
Gray, Susan S., 416 Lathrop, Ward 4 - term to expire 9/30/06
Roper, Robert L., 3400-3 Woodrail Terrace, Ward 5 (banker) - term to expire 9/30/05
 

COMMENTS BY STAFF, COUNCIL AND PUBLIC
    Mayor Hindman made the motion that the Council hold a closed meeting on September 16, 2003, in the fourth floor conference room following the Council work session beginning at 5:30 p.m. to discuss personnel matters. The motion was seconded by Mr. John with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, ASH. VOTING NO: NO ONE. Motion passed.

    In reference to the zoning ordinances, Mr. John pointed out that all the other zonings pyramid up and allow commercial uses, with the exception of the M-C zone which is silent on allowing C-3 type uses.
    Mr. John made the motion that C-3 uses either be an allowed use or a conditional use in M-C zones, and that this issue be referred to the Planning and Zoning Commission for their review and report back. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

    Mr. Ash mentioned that the Council had received information from Carrie Gartner concerning aggressive panhandling in the downtown area. He passed the information to Mr. Beck.
    Mr. Ash made the motion that staff report back on the information. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.

    Mr. Ash wondered about the status of the report he requested regarding downtown businesses using sidewalks for signs and dining areas for customers.

    Mr. Ash commented that he continues to hear from residents in East Campus about big parties. He felt this to be something that started with the onset of the whole "Dry 2000" issue wherein the University's problems got pushed into the East Campus area. Mr. Ash asked the neighborhood to brainstorm and come back with some ideas.
    Mr. Beck commented that the National League of Cities has a University Town Caucus that could be polled to see how similar situations are handled across the country.
    Mr. Ash made the motion that the Police Department report back as to the problems they have encountered in trying to tackle these incidents and what they think needs to be done to remedy the situation. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

    The meeting adjourned at 12:02 a.m.

    Respectfully submitted,

    Penny St. Romaine
    City Clerk