JUNE 15, 1998

    The City Council of the City of Columbia, Missouri, met for a regular meeting at 7:00 p.m., on Monday, June 15, 1998, in the Council Chamber of the City of Columbia, Missouri.  The roll was taken with the following results:  Council members JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, and COBLE were present.

    The minutes of the regular meeting of June 1, 1998, were approved unanimously by voice vote on a motion made by Ms. Coble and a second by Mr. Kruse.

    Upon his request, Mr. Campbell made the motion that Mr. Coffman be allowed to abstain from voting on R130-98.  The motion was seconded by Ms. Coble and approved unanimously by voice vote.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mrs. Crockett.


1.    Waldo Palmer - Defend Air Show Committee.
    Waldo Palmer, 414 Alexander, explained his thoughts on freedom of speech.

B163-98    Voluntary Annexation of property located at the western terminus of Keegan Court; establishing R-1

    The bill was given second reading by the Clerk.
    Mr. Beck explained that this 20.30 acre tract of land is located west of the City limits.  The requested zoning is R-1.  Mr. Beck noted that both the staff and the Planning and Zoning Commission had recommended approval of the request.
    Mayor Hindman opened the public hearing.
    Bob Walters, 405 Sudbury, spoke on behalf of Highland Properties Company.  Mr. Walters offered to answer any questions.
    Mayor Hindman closed the public hearing.
    B163-98 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B168-98    Approving the revised Columbia College Master Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that Columbia College had presented a revised plan for their campus in accordance with the zoning ordinance.  He explained that the process requires that both the Planning and Zoning Commission and the Council hold public hearings on the revisions to the master plan.  He remarked that Columbia College had gone through a substantial process of their own in preparing the plan, and held meetings with neighborhood groups, City representatives, and others in the community.  The Planning and Zoning Commission was recommending approval of the revised plan with one provision regarding the minimization of lighting.  Since that recommendation, Columbia College voluntarily modified the plan to comply with that exception.
    Mayor Hindman opened the public hearing.
    Bob Hutton, Director of Plant Facilities Operations at Columbia College, asked for Council support of the plan.  He explained the two year process and said the college tried to include everyone in the planning process.  He noted the plan is supported by the North Central Neighborhood Association with some minor requests for adjustment.
    Mr. Hutton reported a master plan needs to be dynamic and predict the future as much as possible.  There are thousands of issues that could affect how this plan would materialize over a period of years.  He said what has been submitted to the Council is a 20-25 year plan, and would be revisited periodically.  Regarding parking, Mr. Hutton said the college does not intend to proliferate it to any great extent, although more parking is still necessary.  He noted that great emphasis has been placed on landscaping the campus, and there are plans to do more of it in the future - probably in the form of re-landscaping the entire campus.  In addition, the college is working on a new signage plan to enhance the campus.
    Mr. Hutton reported the neighborhood association issued a request at the Planning and Zoning meeting regarding the exclusion of a couple of properties from the master plan.  He said the college considered the request, and it had been decided that this is not possible.  Mr. Hutton explained one property is in the center of what is considered the core campus and, in good conscience, the college could not say in 25 years it would not be part of the campus.  He said the other piece of property is surrounded on three sides by parking lots and, from a practical standpoint, he felt it is reasonable to expect that in 25 years this piece of property would be included in the parking lot.  Mr. Hutton said the college did address the association's other concern regarding light trespass (light from the playing fields trespassing in the residential neighborhood).  As a priority, the college intends to try to decrease the amount of light trespass by moving the ballfield to the east side of the campus, which is not adjacent to a residential neighborhood.
    John Clark, President of the North Central Columbia Neighborhood Association, said they are pleased and extremely impressed with the planning the college has done.  He noted the college had addressed and accepted some of the neighborhood's concerns about light trespass.  The remaining issue pertained to the properties located at 603, 802, and 804 Eighth Street.  He asked that these properties be excluded from the plan.  Mr. Clark said as this is a 25 year plan, and due to the recent example of some problems associated with this grant of authority, he suggested that the Council and the Commission determine whether or not a plan of this duration is appropriate.  Mr. Clark said the neighborhood association is in support of the plan, but would ask that the three houses be excluded.  If at some point in time the owners are willing to sell the properties, this would be the occasion to revisit the issue.
    Mayor Hindman closed the public hearing.
    Regarding the three houses, Ms. Coble explained that the Council had a discussion with Mr. Hutton before the meeting about the very good quality of the first house on Eighth Street.  There had been deliberations regarding the potential of moving the home to another site, perhaps in conjunction with some of the other housing programs associated with the Development Corporation, etc.  As this property is surrounded on three sides by parking, Ms. Coble said there would not be a lot of utilities involved and the house is in good repair and is capable of being moved.  She reported she is not of a mind to be in opposition to the plan because of the other two properties.  Due to the good faith already demonstrated by the changes that have occurred on the campus, Ms. Coble is inclined to vote in favor of the plan.  She also noted that the plan goes east and preserves the neighborhood's existing housing stock.  Mr. Janku complimented the college on the process.  He felt the plan would enhance one of the prime entrance ways into Columbia and strengthen the core of the City.  Mr. Janku thought the stability and enhancement of the college would contribute to a very strong neighborhood in the area.
    Mr. Campbell is pleased that the college is willing to outline their plans for the next 25 years.  He also supports the campus moving to the east, which would clean up some problem areas.
    Mr. Coffman is also appreciative of the college's efforts to include the neighborhood's input before finalizing plans.
    B168-98 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B169-98    Amending chapter 29 of the Code as it relates to screening and landscaping requirements.

    The bill was given second reading by the Clerk.
    Mr. Beck explained that several years ago the City strengthened the landscaping and tree planting requirements in parking lots, but it was not so specific in regards to the distribution of the plantings.  Recently, certain parking lots had been noted to have almost all of their landscaping around the perimeter of the lot with very little internal tree planting.  This amendment will address the question of distribution.  Mr. Beck reported that the suggested modifications had gone through the Planning and Zoning Commission and they recommended approval of the revisions.
    Mayor Hindman opened the public hearing.
    Mariel Stephenson, 2111 Rock Quarry Road, spoke on behalf of the Greenbelt Coalition.  She expressed thanks on behalf of the Coalition to the Planning and Zoning Commission and the Council for clarifying the language in the ordinance.  They are very much in support of the new language because it will provide (in new developments) a good deal more vegetation internally, and will allow for more absorption of storm water and pollutants from the parking areas.  Ms. Stephenson said the lots will certainly be more visually attractive as well.
    Mayor Hindman closed the public hearing.
    Mr. Janku asked what process is in place to ensure landscaping meets City requirements.  Mr. Patterson explained the City arborist reviews the plan for conformance with established technical standards, and then an inspection of the material is scheduled after the plantings are installed on the site.
    Mayor Hindman commented that he thought this issue had been reassessed due to the Hollywood Theatre experience.  He had been at the site recently and noted there are quite a few trees planted.  His point is that the theatre responded to comments when there was no requirement to do so, and this had been done for the community's benefit.
    Mr. Coffman thanked the staff and thought the revisions were good ones.
    B169-98 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B174-98    Authorizing street maintenance work and providing for payment of the improvement by special tax bills.

    The bill was given second reading by the Clerk.
    Mr. Beck explained that each year the Public Works Department brings to the Council a list of "unimproved streets" -- streets without a good base, curb and gutter, etc.  Part of the cost of keeping these streets passable is tax billed to the abutting property owners, and the remainder is paid for by the City.  Mr. Beck pointed out that notices relating to the projects had been sent to the residents abutting these streets.
    Mr. Patterson noted that the six street segments on the list for maintenance had all been precipitated by requests from people living on the various streets.  In the City's notification, the property owners were advised of the process for bringing the streets up to improved standards.  Mr. Patterson reported no petitions in opposition to the projects have been received at this time, nor does he expect any.
    Mr. Campbell noted the reduction in the list from previous years.  Mr. Patterson responded this is a result of the improvement in the number of unimproved street conditions.  He said the City does a lot more overlay than had occurred in the past.  He also thought there is a diminished amount of unimproved streets experiencing problems.
    Mr. Janku noted that one of the streets had received maintenance as recently as 1990.  He wondered if the City is subsidizing the streets not being brought up to standards by the residents, when other people have paid either by the purchase of their home or by tax bill to have their street brought up to improved standards.
    Mr. Kruse noted that three of the streets are in the Fifth Ward.  He received a call from a constituent regarding the improvement on Walcox from Sinclair to the northwest end.  He said there are three or four houses that will be built along this stretch, and the constituent had asked if the work could be delayed until the houses were completed, assuming the construction vehicles could use the street in its existing condition.  Mr. Beck felt if the development of those properties is planned within a reasonable period of time, not several years away, that Public Works could adjust their schedule to accommodate the request.  Mr. Kruse said it appeared they are about to begin construction.  Mr. Patterson said the City certainly does not want to make major repairs to a street only to have it torn up.
    Mayor Hindman asked how long the charge for street improvements had been set at $2.00 per foot.  Mr. Patterson said it had been set at that rate since the early seventies.  Mr. Beck explained that state statutes ascertains what a city can charge for oiling and leveling of a street.  He said the streets usually last anywhere from three to eight years, depending on the street and how much rock was put down when it was built.  Mayor Hindman asked what the total cost per foot would be.  Mr. Patterson said the last three or four years it had been anywhere from $6.00 to $8.00 per foot.  He said it depends on how much ditch/culvert work has to be done.
    Mayor Hindman opened the public hearing.
    Ben Walter, 2 McGregor Lane, explained that he owns the property adjacent to Walcox Drive, and was the constituent that contacted Mr. Kruse in regards to the street project.  He requested that the work be delayed, but can understand the City not wanting to do so if the construction of the homes does not occur for two or three years.  Mr. Walter said that Hertzler Construction Company had done some preliminary grading, and thought they were ready to start construction.  He explained that he owns approximately 1,100 feet of frontage on Walcox.  Mr. Walter said when the petition was signed, none of the preliminary grading on the lots had transpired.
    Mayor Hindman closed the public hearing.
    B174-98 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

(A)    Rehabilitation and repair of the Ashland Gravel Road bridge over Hinkson Creek.

    Item A was read by the Clerk.
    Mr. Beck said some years ago an informal policy was established to save some of the older bridges crossing Hinkson Creek for pedestrian use.  He explained it is proposed to upgrade the bridge at Ashland Gravel Road to make it a safe pedestrian bridge, and it would connect into the sidewalk system built along the west side of Old Highway 63.  Funds in the amount of $39,000 were budgeted to do the work.
    Mayor Hindman opened the public hearing.
    Mariel Stephenson, 2111 Rock Quarry Road, commended the City for their consideration on saving the bridge.  She said it seemed as though the bridge on Rock Quarry Road is used 24 hours per day, and thought this one would also get a lot of use.
    Mayor Hindman closed the public hearing.
    Mr. Janku made the motion that the staff be directed to proceed.  The motion was seconded by Mr. Coffman and approved unanimously by voice vote.

(B)    Installation of pedestrian safety and crosswalk improvements at Tenth and Rogers.

    Item B was read by the Clerk.
    Mr. Beck explained that Mr. Patterson and his staff have been working closely with Columbia College and the Council regarding alternatives to a traffic signal at the intersection of Tenth and Rogers.  He asked Mr. Patterson to describe what is being proposed.
    Mr. Patterson noted that this initially began as a proposed traffic signal project, and then staff had been directed to examine alternatives to installing traditional traffic signals.  He explained staff has had several meetings with representatives from Columbia College in regards to the project.  He stated pedestrian counts and traffic surveys of the area had been compiled to determine if there were viable alternatives.  Mr. Patterson said the proposal is to install an enhanced pedestrian crosswalk that would consist of marked pavement on Tenth Street and Rogers Street (west of the intersection with Tenth Street), and a raised traffic island that could be landscaped along the west side of the intersection in the center of Rogers Street.  Mr. Patterson explained that this is the first phase of the project with the possibility for future evaluation.
    Mr. Patterson reported elevated speed tables will not be installed at this time until there is an opportunity to determine if the additional markings, signage, and traffic island could accomplish the desired purposes.  Intense signing is also a part of this project, which would advise motorists of the upcoming crosswalks.  He thought there would have to be a lot of public education regarding the fact that motorists are supposed to stop for pedestrians in crosswalks.  Mr. Patterson noted that staff considered installing flashing lights, and that might be a later addition or enhancement to the intersection, as is the possibility of speed tables.  In addition, Mr. Patterson stated there is an area on Tenth Street that will be marked to give the visual appearance that the street narrows in an effort to produce a traffic calming impact.  It is possible that a sloped, elevated radius will be constructed, but it is felt the initial measures will be effective in evaluating the project's impact.
    Mr. Patterson reported the cost for the project will be $18,000.  Also being introduced this evening, if Council approves the public improvements as described, is an ordinance that will allow the work to be done by force account labor in order to assure that the project could be completed prior to school starting this fall.
    Mayor Hindman asked about the signage.  Mr. Patterson said it is a little different from what has been done previously.  He explained there will be signs that will display the yield signal to pedestrians in crosswalk, with a reminder that it is the law to do so.  He said there will also be signage indicating that pedestrians are to cross only at the crosswalk as marked.
    Mr. Janku asked if it is a state law or City ordinance that mandates yielding to pedestrians.  Mr. Patterson said he was not sure if it is a state law, but it is a City ordinance.  He said this is defined in the Traffic Code, which the City adopted.
    Mr. Kruse thought the plan is very nice and added that it will save the City some money.  Mr. Beck thought Columbia College was participating in the cost, and they should be given credit for doing so.  Mr. Patterson said the college had initially agreed to participate in the cost of the traffic signal, and he presumed they would still be willing to participate in this project.
    Mayor Hindman opened the public hearing.
    Bob Hutton, with offices at Columbia College, said it was at the college's request that the design has been changed from a stop light at an estimated cost of $100,000, to the present $18,000 cost.  Tongue-in-cheek, he remarked that the college has already saved the City $82,000, and is hopeful that could be considered their contribution.  Joking aside, Mr. Hutton said this is a very dangerous intersection and it is lucky that no one has been seriously injured.  He stated when consideration was given to install a stop light, the college was concerned because it would be very obtrusive to the Rogers gate area, and would essentially ruin it.  He said the concern of the Public Works staff was traffic flow, and going to an enhanced crosswalk situation would be good for everyone concerned.  He is pleased to hear Mr. Patterson refer to this project as Phase I.  Mr. Hutton noted that a Phase II may not be necessary if the initial measures work.  Mr. Hutton agreed with Mr. Patterson in that public education is needed to make motorists aware that they are required to stop for pedestrians at crosswalks.  Mr. Hutton is very appreciative of the work done by the Public Works Department.
    Waldo Palmer, 414 Alexander, did not think the college should be expected to pay for the improvement.  He said Rogers Street has always been a speedway, and that is not the fault of the college.  Mr. Beck noted that Columbia College had not been asked to escrow any money for the project.
    Mayor Hindman closed the public hearing
    Ms. Coble thought the plan was good, and is pleased that it had been worked in such a way to preserve the archway.
    Mayor Hindman thought the plan would work well.  He asked who had come up with the design for the yield to pedestrian sign.  Mr. Patterson said the staff looked at a lot of examples and had modified those to what they felt would be the most effective in this situation.  Mayor Hindman thought it was very clever.
    Mr. Campbell said he had been speaking for years regarding a city-wide policy of motorists yielding to pedestrians in crosswalks.  As the City proceeds with this intersection, he felt a blanket policy should be considered and crosswalks throughout the City should be posted in the same manner.  Mr. Kruse agreed and said most of the crosswalks just have a sign depicting a person crossing.  He said there is no indication that motorists must yield to pedestrians.
    Mayor Hindman made the motion that the staff be directed to proceed.  The motion was seconded by Mr. Campbell and approved unanimously by voice vote.

B164-98     Approving final plat of Stoneridge, Plat 2; granting a variance to the subdivision regulations.

    The bill was given second reading by the Clerk.
    Mr. Beck explained that this plat would create 50 R-1 lots.  He pointed out that a request for a variance was included which allowed for 107 lots rather than the 100 limited by ordinance.  He said an amendment sheet had been prepared for consideration.
    Mayor Hindman explained that the amendment would provide that the variance and approval of the final plat would be subject to the condition that no more than 43 building permits shall be issued in Plat 2 until a second access is available.
    Mayor Hindman made the motion that B164-98 be amended per the amendment sheet.  The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.
    Don Stohldrier, developer and owner of the property, said when this property was originally platted, the entrance street had been changed from a typical collector street to a split island parkway in and out.  He felt a variance should not be required because of the two separate streets in and out, divided by a 12 foot parkway.  He said the two streets eliminate most of the concerns usually heard about access being blocked.  Mr. Stohldrier asked the Council to approve the plat, with the variance, without the limit on the building permits.
    Mayor Hindman felt there were some problems that merely dividing the road would not solve.  He said these are very long cul-de-sacs with more than 100 lots that would have only one entrance and exit.  He said there is a basic goal to have circulation, and the grid pattern is preferred.  Mayor Hindman said if there is to be no road circulation, he felt there should be pedestrian circulation.  He explained this is a perfect example of why subdivisions should have it.
    Mr. Janku asked if there was any sense of where the second access would occur.  Mr. Campbell replied that there have been some preliminary discussions that it will be to the east, but the exact location has yet to be determined.
    B164-98, as amended, was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B167-98     Approving final plat of Meadowlands, Plat No. 15; granting a variance to the subdivision regulations.

 Mayor Hindman noted that the applicant had requested withdrawal of this application.

B170-98     Amending Chapter 22 of the Code relating to refuse collection and the Blue Bag recycling program.

    The bill was given second reading by the Clerk.
    Mr. Beck noted that work sessions had been held on this subject as a program had been initiated some years ago.  He explained this ordinance would do three things:  Authorize the program to begin August 1; set the number of blue bags to be provided; and increase the charges for the service effective October 1, 1998.  Fees will increase by $1.20, and he reported that 17 cents of that amount will go towards landfill work that has yet to occur, and 10 cents will go towards a maintenance and storage building.
    Mr. Coffman brought up the decision to go with blue bags as opposed to boxes.  He had received four comments from people who would rather use the boxes instead of bags.  Mr. Coffman understood the bags would be utilized due to Columbia's transient population.  He asked if there were figures on the cost difference between the two methods -- bags versus boxes.
    Mr. Beck pointed to another factor relating to the environment of this community.  He stated there are communities that use the boxes and he has seen them laying out everywhere.  Mr. Beck said he is a strong supporter of having a clean environment, and that meant when the garbage truck goes down the street everything is gone - no trash flying around, no boxes laying
    Mr. Janku said for 18 years he has lived in a Friday pick-up area, and it personally is a relief to know if he is going out of town for the weekend, he will not have to worry about a plastic box sitting in his driveway -- with the possibility of being lost or stolen.  More importantly, he said the box could serve as a signal if left sitting out that perhaps the homeowner is out of town.
    Regarding the cost, Mr. Patterson recalled there being about a $40,000 to $50,000 per year difference because of the turnover anticipated due to loss of boxes.  He noted that he had just read about a major city changing from the container to the bags.
    Urban Wussler, Chairman of the Committee to Repeal the Deposit Ordinance, said the Committee is 100% in favor of the blue bag system provided that the deposit law is repealed.  He recalled the equipment at Civic Recycling breaking down in the middle of the experiment.  As a result, some had questions as to whether or not Civic is capable, in their present location and present facilities, to carry the blue bag system for the entire City.  He wondered if serious consideration had been given to this issue.  Regarding the increase in fees, Mr. Wussler asked why the citizens should be expected to pay an increase in fees until and unless all of the income possible is derived from the aluminum cans.  He said as long as the deposit ordinance is in effect, potential income cannot be realized.  Mr. Wussler stated that if the Council supports the blue bag program, then the deposit ordinance should be repealed.  And if this ordinance is not repealed, another initiative petition will be circulated.
    Mr. Janku asked how cardboard (including cereal boxes) would be handled.  Mr. Patterson said it would be picked up along with other fiber material.  In addition, once the City implements the commingled program, all city-wide drop off points would become commingled also.  Two containers will be provided, one for fiber and one for containers.  Mr. Janku asked about a contract with Civic Recycling.  Mr. Patterson said the City has an amendment to the present contract.  Currently, the City is operating under a series of five, one-year agreements that is renewable each year.  In order for the program to begin August 1, and still allow the Council sufficient time to thoroughly examine long-term alternatives, Mr. Patterson said the current agreement has been amended for the remainder of this year to allow the City to begin collecting and processing commingled recyclables the first of August.  This contract comes up for renewal again in January, and Mr. Patterson is hopeful that would give everyone enough time to make long-term arrangements.
    Mr. Campbell said he is very supportive of the blue bag program and relieved to see it launched.  He noted that it would be phased in, and if there are problems with Civic or others in regards to equipment, this could be observed and dealt with accordingly.  Mr. Campbell had one continuing concern regarding residents with small households, generally older people, and others who do not use nearly the number of bags that will be supplied to them.  He remains to be in favor of a tiered system that would allow individuals who are conservative in their consumption to not be penalized for that use.
    Mrs. Crockett spoke in support of the system and was hopeful, once the program is up and running, that something could be done about the deposit ordinance.
    Mr. Janku said the weekly pick-up of recyclables would be a tremendous convenience to the community and worth the cost of the increased service.
    Mayor Hindman agreed, and said he is convinced it is the convenience that makes the difference.
    B170-98 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B171-98     Appropriating funds for the implementation of the Blue Bag program.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this bill would actually appropriate funds, in the amount of $56,500, for implementation of the blue bag program for the current fiscal year.
    B171-98 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B172-98     Authorizing an agreement with Boone County for a grant to partially fund revisions to the Nifong
                   Boulevard intersections at Forum and Bethel; appropriating funds.

    The bill was given second reading by the Clerk.
    Mr. Beck explained that each year the County provides grants to cities within the county for road improvements.  He explained that the City's share came to $25,000.  The suggestion is to allocate the money for signals on Nifong.
    B172-98 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B178-98     Renewing the Temporary Revocable Utility Permit granted to DTI, Inc.

    The bill was given second reading to the Clerk.
    Mr. Beck explained that DTI had come to Columbia in 1995 to utilize City rights-of-way, facilities, and streets.  At that time, the City entered into a two year temporary agreement with them in lieu of a franchise, which is provided for in the Charter.  Since then, there was federal legislation enacted in 1996 making it fairly difficult for communities to implement their Charter provisions.  Being proposed is the renewal of the temporary permit for one additional year.  In the interim, Mr. Beck explained the City needed to review the legislation and perhaps consider making changes to the Charter relating to franchise utilities with operations in Columbia.
    Mr. Janku asked if the franchise utilities were subject to the gross receipts tax.  Mr. Boeckmann said they do not pay gross receipts tax.  Mr. Janku asked if it would be a problem to treat them like any other communications entity.  Mr. Boeckmann said it was complex because they do not perform the same services as other companies.
    Mr. Beck pointed out that the City installed the optic cable.  He said the question came up about this being a non-taxed operation because it is owned by the City.  He explained this is not the case as it is in the Water and Light Department and they pay to the general fund, instead of a gross receipts tax, which is a profit to the City of Columbia.
    Mr. Coffman said this is a real problem and the utility companies have all sorts of benefits awarded to them.  In addition, there are now restrictions on local governments.  He said the whole purpose of the act is to encourage competition, and as far as he knew, virtually no one has a choice of local providers.  He supposed all the City could do is monitor the changes in the next few years and do what is necessary to facilitate this move toward competition.  Wherever possible, Mr. Coffman thought competitive services should be encouraged.
    B178-98 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B179-98    Changing the position of municipal judge from a one-half time position to a three-quarter time position.

    The bill was given second reading by the Clerk.
    Mr. Beck explained that the municipal judge is an employee of the Council.  The judge, John Whiteside, had written the Council a memo regarding the increased activities of the Court.  The memo outlined court filings for 1998 will increase by about 2,500 cases over calendar year 1997.  It had also been reported that people were waiting two and three hours to have their cases heard.  As a result, Judge Whiteside is setting up an additional docket and felt, with the increase in the docket, he would be working three-quarter time.  Mr. Beck said the total impact on the budget would change from $38,000 as a half time position, to $57,000 for a three-quarter time position.  If the Council wishes to make the requested change, it would require an ordinance amendment as the budget itself calls for the amount of time that would be allocated.
    Mr. Campbell said he had asked about the average salary for a municipal judge, and there had been no comparative figures available.  Mr. Boeckmann explained that the municipal judge had been set at grade 29 when City salaries were reviewed several years ago.  He explained the only thing the Council would be changing would be the number of hours, and then Judge Whiteside's salary would be increased proportionately within the confines of that pay grade.  Mr. Campbell asked if there was any special provision made for the fact that more might be paid for a half time than for a full time position on an annual basis.  Mr. Boeckmann did not think this to be the case.  He thought an analysis of the type of work performed by the judge was reviewed, and then the pay grade was adjusted accordingly.
    Mayor Hindman asked about the benefits.  Mr. Beck said benefits are pro-rated.
    Mr. Campbell did not think there was any question as to the existing need, but was questioning what the compensation range should be.
    Mayor Hindman said he was not sure how community acceptable a $57,000 three-quarter time job would be.  He wondered if the job should be divided up between two people.  Before moving forward with $57,000 for a no risk, no overhead job, Mayor Hindman suggested this be compared with some other cities to be sure it is appropriate.  He said Judge Whiteside does a good job and the City should be proud of the work he does.   Ms. Coble thought she recalled at budget time an issue about the judge being restricted as to private practice.  Mayor Hindman said it would restrict private practice to the extent this individual probably could not participate in Municipal Court.  Ms. Coble said she was not troubled at all by the salary rate as proposed.  She said in Municipal Court, individuals have the best opportunity to be heard, to understand the full workings of the process, and have direct experience with the system.  Ms. Coble had heard from several people who felt they were able to present information themselves without having the expense that can be associated with legal representation.  In the past several years she had never heard a complaint about the treatment or the process of the Municipal Court system, other than references to crowded dockets and the amount of time spent waiting.  Ms. Coble felt it was a very good municipal service and warranted the pay for somebody to give it the full attention it needs.
    Mr. Campbell said he had no question about it being well done.  He related that when the City advertised for the position two years ago, there had been a number of very well-qualified, experienced attorneys that came forward offering to work at half time for that particular pay scale.  That suggested to him it is an attractive salary range.  Mr. Campbell thought the Council should be certain that this is an appropriate pay range.
    Mr. Coffman asked how replacement judges are paid at the present time.  He wondered if that is an additional cost on top of the judge's salary.  Mr. Beck read from a memo that said the Court uses substitute judges when Judge Whiteside has to be in Circuit Court or on vacation.  These individuals are paid out of the temporary help portion of the salaries.  The memo said the court also tries to get a substitute judge every four to six weeks to hear cases where Judge Whiteside has recused himself, or an attorney has asked for a change of judge.  Mr. Beck reported substitute judges are paid at a rate of $30 per hour, with $4,395 being budgeted for temporary help this fiscal year.  To date (from October 1, 1997, to present) the memo outlined that $541.50 had been expended, which translates to approximately 18 hours, for substitute judges this fiscal year.
    Mr. Janku said the Council largely stayed out of the pay range issue, and thought they were all in agreement that the additional hours are needed.  He pointed out that the pay ranges were established for every City employee through the long process Mr. Beck eluded to previously.  Mr. Janku thought the Council's focus needed to be on the number of hours as opposed to the hourly salary.  He said the increased number of dockets would better serve the community, and the issue regarding the appropriateness of having more than one judge had been reviewed in the past.  Mr. Janku thought there had been a general agreement, perhaps by the previous judge, that it was not necessarily appropriate to have more than one municipal judge, or even two part time judges.
    Ms. Coble noted that the amount Judge Whiteside currently receives is about $6 an hour more than what would be paid to a substitute judge.  She said that is not a very big differential from what the City is paying for a substitute judge who is not continually going through the process, knowing the system, and handling the full docket.
    B179-98 was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

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

B165-98     Approving final plat of Springdale Estates, Plat No. 5.
B166-98     Approving final plat of Heritage Meadows, Plat No. 4.
B173-98     Calling for bids for storm water improvements in the Garth Avenue and Sexton Road area.
B175-98     Appropriating funds for completion of electric line relocation for the north Route B road project.
B176-98     Amending Chapter 27 of the Code to establish water service rates for the former Public Water Supply
                   District #2 area.
B177-98     Establishing two new positions in the Water and Light Department; appropriating funds.
R128-98     Setting a public hearing: water main crossing construction project on Vawter School Road, Old Mill
                   Creek Road, and Scott Boulevard.
R129-98     Authorizing an agreement with Lincoln University for student nursing services.
R130-98     Authorizing a service agreement with Ameren/UE.

    The bills were given third reading and the resolutions were read with the vote recorded as follows:   VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  (Mr. Coffman abstained from voting on R130-98.)  VOTING NO:  NO ONE.  Bills declared enacted and resolutions declared adopted, reading as follows:

R131-98     Approving preliminary plat no. 2 of West Pointe Subdivision.
    The resolution was read by the Clerk.
    Mayor Hindman noted that a request to table had been received on this plat.
    Mr. Campbell made the motion that R131-98 be tabled to the July 6, 1998, meeting.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

R132-98     Approving a preliminary plat of Hinkson Ridge, Phase I.
    The resolution was read by the Clerk.
    Mr. Beck explained that this ten acre tract would establish ten R-1 lots.  Both the staff and the Planning and Zoning Commission recommended approval.
    The vote on R132-98 was recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE.  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:

B180-98     Accepting conveyances for electric and utility purposes.
B181-98     Accepting conveyances for water and utility purposes.
B182-98     Authorizing water main crossing construction project on Vawter School Road, Old Mill Creek Road and
                   Scott Blvd.
B183-98     Confirming the contract for the construction of sidewalks along sections of Berrywood Drive, Worley
                   Street and Business Loop 70.
B184-98     Confirming the contract for reconstruction and rehabilitation of the Eighth and Cherry parking
B185-98     Amending Chapter 8 of the City Code to expand the boundary of the Fourth Ward.
B186-98     Establishing permanent M-C zoning on property located south of Maguire Boulevard in the Concorde
                   Office and Industrial Plaza.
B187-98     Establishing permanent A-1 zoning on property located along both sides of New Haven Road, east of
                   US Hwy 63.
B188-98     Establishing permanent A-1 zoning on property located along both sides of Sinclair Road, south of
                   Southampton Drive.
B189-98     Approving a replat of Lot 5 of Stephens First Addition; granting a variance to the subdivision
                   regulations regarding additional right-of-way for Brighton Street.
B190-98     Approving final plat of Ewing Industrial Park, Plat 3.
B191-98     Authorizing an agreement with Boone County to enable City to provide funding for Community Needs
                   Assessment and transferring funds.
B192-98     Authorizing an agreement with Missouri Department of Health for Core Public Health Services;
                   appropriating funds.
B193-98     Allowing copper wire to be buried in a sewer easement; authorizing a waiver of claim and indemnity
                   agreement at 2300 Business Loop 70 East.

(A)     1998 Balloon Event.

    Mr. Beck noted that this event has been scheduled for August 28-30 at the Boone County Fairgrounds.  He said 35 balloons would be participating, and proceeds would go to the Ronald McDonald House.  This issue is before the Council because a request had been received to use the Fire Department training area for refueling of the balloons.  In addition, some Police, Fire, and emergency personnel has been requested as needed.  However, the event would obviously not require the same level of services as was needed for the Balloon Nationals.  Mr. Beck said if the above City services are to be provided, he felt the Council should authorize it.
    Ms. Coble made the motion that staff be directed to draft an appropriate agreement.  The motion was seconded by Mr. Coffman and approved unanimously by voice vote.

(B)     Transfer of Funds Request.

    Report accepted.

    Upon receiving the majority vote of the Council, the following individuals were appointed to the following boards and commissions:

Larson, Sidney, 1408 Whitburn, Ward 5 - term to expire 7/1/99
Overby, Barbara S., 1118 W. Rollins, Ward 4 - term to expire 7/1/99
Scroggs, Stuart, S., 1008 Maplewood, Ward 4 - term to expire 7/1/99

McGuire, Marcella L., 2707 Lynnwood, Ward 5 - term to expire 6/15/99

Hendrix, Rickey L., 1133 Ashland Rd., Ward 6 - term to expire 6/1/01
Magee, Noel T., 1017 LaGrange Ct., Ward 5 - term to expire 6/1/01

Danley, Dan A., 107 E. Ridgeley, Ward 5 - term to expire 12/31/98

Johnson, Mary-Angela B., 503 Edgewood, Ward 4 - term to expire 6/30/01
Cotton, M. Christine, 217 W. Broadway A5, Ward 1 - term to expire 6/30/01
Sapp, Jo, 1025 Hickory Hill, Ward 4 - term to expire 6/30/01

Davis, Peter N., 700 S. Greenwood, Ward 4 - term to expire 7/15/02
Eckhoff, William D., P.O. Box 1117, Ward 5 - term to expire 7/15/02
Eiffert, Gregory T., 2401 Cimarron, Ward 5 - term to expire 7/15/02

Conway, John T., 404 Onofrio, Ward 4 - term to expire 6/30/02

    Mr. Campbell said at the retreat, there had been a brief discussion regarding traffic calming devices.  Since that time, he had received some requests from his Ward.
    Mr. Campbell made the motion that staff be directed to prepare a report on the policies that should be established for the installation of traffic calming devices.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. Coffman said the Council had heard considerable comment about the Memorial Day Air Show and how things were handled.  After doing some research, he felt it is in a gray area and a very difficult case to come to terms with.  He asked the Law Department to prepare a report so the Council could analyze the situation.  Mr. Coffman received numerous calls on all sides of the issue, and felt it is something the Council needed to address.  He thought a policy may need to be developed about what events might require some sort of accommodation for free speech or activity.  He asked that the staff include what options should be addressed in the future.  Mr. Coffman suggested that the report cover not only the Air Show, but similar events and how to determine when something is a traditional public forum and when it is not, and what events might fall under that category.
    Mr. Beck noted that the use of the airport for the next Air Show would be on the following Council agenda, as the agreement had to be sent to the FAA and received at the Department of Defense by the end of July.  Mr. Janku pointed out that this is the normal timing for reviewing the agreement.  Mr. Beck said that is correct, and is handled in this manner every year.
    Mr. Coffman asked if the subject would be discussed at the next meeting or just introduced.  Mr. Beck said it would be a resolution, so the agreement could be voted on at the next meeting.
    Mr. Beck suggested that Mr. Boeckmann could deal with the report at the same time.  Mr. Boeckmann said one of his staff was working with the attorney for the Memorial Day Salute to Veterans Group.  Assuming the contract were to come before the Council at the next meeting, he would respond to the issues Mr. Coffman outlined as part of the staff report associated with the resolution.
    Mr. Janku said the Council had discussed the downtown parking issue at the retreat, not so much the traditional issue as whether or not there is enough parking, but to the extent that removing buildings or particular locations not being appropriate for parking when trying to preserve a street scape, etc.  He reported the Council has dealt with the issue before, and the feeling had been that it is better to preserve buildings rather than tearing them down to increase parking structures.  Some concern had been expressed in the community regarding the possibility of gradually losing an abundance of valuable building space downtown.  He noted that due to zoning regulations, downtown buildings are not generally required to provide parking.  He circulated some information about what Philadelphia did a few years ago in which parking was handled like a zoning classification in the downtown area.  In essence, Philadelphia designated areas available for parking so that targeted structures would be left for commercial businesses.
    Mr. Janku made the motion that the staff be directed to prepare a report on the issue.  The motion was seconded by Ms. Coble and approved unanimously by voice vote.
    Mr. Janku said some time ago the Council appropriated funds to develop signage for the downtown area.  He is hopeful with the new parking garages being constructed, that some sort of directory would be provided for visitors.  Mr. Janku reported St. Louis had developed an attractive sign, and thought it was something that could be emulated in Columbia.
    Mayor Hindman thought there was going to be a directory situated at the Tenth and Cherry Garage.  He asked if this would also include a map of the area.  Mr. Patterson said that had been one of the things the City's Transportation Manager sent out for bids before she left.  Mr. Patterson said he would finish it.  Mayor Hindman commented that Philadelphia had a great marking system and he was going to try to get some information on it.  He said there were different marking systems for pedestrians, bicyclists, and for automobiles.  Mr. Beck said he would ask the intern to check into it.
    Mr. Janku said another location would be at the Trail Head Park where people might be riding in the downtown and not have a sense of where to look for dining or other things.
    Mr. Kruse suggested it would be helpful to get information from Portland as well.  He said they have dealt with these issues very effectively, including the surface parking issue.
    Mayor Hindman noted that there are quite a few parking facilities that are not landscaped and were detrimental to the downtown.  He thought these areas could be improved quite a bit.  He gave several examples of parking lots without any landscaping.  Mr. Kruse said the landscaping ordinances did not apply to C-2 until recently.  Mrs. Crockett pointed out that the current ordinance only applies to new parking lots.  Mr. Patterson did not feel that resurfacing an existing lot would require landscaping.
    The meeting adjourned at 9:35 p.m.

                                                                                            Respectfully submitted,

                                                                                            Penny St. Romaine
                                                                                            City Clerk