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
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