M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
JUNE 17, 2002
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m. on Monday, June 17, 2002, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members HUTTON, LOVELESS, JOHN, CRAYTON, and JANKU were present. Members COFFMAN and HINDMAN were absent. The City Manager, City Counselor, City Clerk and various department heads were also present.
    Because of the absence of the Mayor and Mayor Pro-tem, Mr. Beck explained that it would be necessary for the Council to elect an Acting Mayor Pro-tem to conduct this evening's meeting.
    Mr. Janku made the motion that Mr. Hutton be appointed Acting Mayor Pro-Tem. The motion was seconded by Mr. Loveless with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, CRAYTON, JANKU. VOTING NO: NO ONE. Motion passed.
 

APPROVAL OF MINUTES
    The minutes of the regular meeting of June 3, 2002, were approved unanimously by voice vote on a motion by Mr. Janku and a second by Mr. John.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mr. Janku asked that R118-02 be removed from the Consent Agenda and placed under New Business.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Loveless and a second by Mr. John.
 

SPECIAL ITEMS
    None.
 

SCHEDULED PUBLIC COMMENTS
    None.
 

PUBLIC HEARINGS
B201-02     Approving a revision to the C-P Development Plan of Village Square Lot 102A.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the revision would allow for the second floor to be used as offices in lieu of residential units. The building size will remain exactly the same. He indicated the Planning and Zoning Commission recommended unanimous approval of the request.
    Mr. Hutton opened the public hearing.
    Bruce Beckett, attorney for LGS Properties, LLC, owner of Lot 102A at Village Square, explained the only deviation from the original plan to be that of using the second floor for office purposes rather than residential purposes. He pointed out a substantially greater number of parking spaces on the C-P Plan than would be required by ordinance (57 are shown and only 42 are required, two of which are handicapped spaces). In addition, there are eight bicycle spaces on the lot.
    Mr. Beckett referred to an agreement between the developer of Village Square and The Villas II Homeowners Association. Under this written agreement, he explained that the residential units in this C-P/O-P planned area are required to have one garage per dwelling unit. He said that is achievable on all of the other lots in the Village Square plan because many of them are subterranean. He indicated that Lot 102A is very flat and a subterranean parking garage is just not feasible. In addition, Mr. Beckett noted the narrowness of the lot which was a result from a prior amendment to the subdivision plat that reduced the size of Lot 102 and increased the size of Lot 101 (Walgreen's's tract).
    Mr. Beckett reported the applicant believed to construct exterior garages for the required three residential units on the lot would impair the aesthetic appearance of the building. He noted that the applicant is bound by the agreement to construct garages if there are residential units on the lot. Mr. Beckett commented on a letter from the Villas II Association supporting this request. As far as a domino affect on the other lots, he provided copies of letters from the other property owners within this planned district in which they have committed to building the remaining residential units.
    Mr. Hutton closed the public hearing.
    Mr. John agreed with the applicant in that office use is probably no more intense than constructing a series of apartments. Although, he expressed concern that the plan was presented and sold to the Council as a mixed use development with a certain number of apartments. Mr. John believed the rezoning request had been approved due to that condition. He indicated he would be more supportive of this request were three more apartments added elsewhere within the development so the total number of residential units was not reduced. Mr. John asked if anything had been heard from the developer regarding landscaping or the traffic calming devices he was bonded to do about three months ago.
    Mr. Beckett responded that the streets are being chipped out presently so that the traffic calming devices can be installed. He was not sure about the landscaping. In reference to the reduction in apartments, Mr. Beckett noted that there will be eleven residential units constructed on Lot 106, which is twice what was originally planned.
    Mr. Janku commented he appreciated that the other property owners have committed to keeping the residential units planned for their tracts. Mr. John pointed out that did not mean that the eventual owners of the buildings would not apply for the same thing. He said if anyone else tries to continue to increase the intensity of the use of this plan, he would not approve the request. In addition, until all agreed upon landscaping and traffic calming is installed, Mr. John would feel obligated to postpone approval of any more site plans.
    Regarding the required improvements, Mr. Patterson reported staff finally received approvable construction plans a couple of weeks ago. Furthermore, he directed staff not to issue any occupancy permits until the improvements that were bonded are in place.
    Mr. Hutton noted that there was hopefully going to be an increase in the number of residential units over what was originally planned. He concurred with Mr. John and the Planning and Zoning Commission in that any further requests to reduce residential units would not necessarily be looked on favorably.
    B201-02 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: COFFMAN, HINDMAN. Bill declared enacted, reading as follows:
 

(A)     Voluntary Annexation of property located on the southwest corner of Ponderosa Street, southeast of Blue
          Acres Mobile Home Park.
    Item A was read by the Clerk.
    Mr. Beck noted that this request relates to 75 acres of the Philips Farm. The applicants have included a request for R-3 zoning as a condition of annexation. Mr. Beck reported the annexation request may be withdrawn if they do not receive the requested permanent zoning. He pointed out the property is currently zoned RM in the County which is equivalent to R-3 in the City. This area is within the designated south annexation area to be voted on August 6.
    Mr. Janku stated that the Council's vote on the annexation and rezoning of the tract would occur at the July 1st meeting as the actual ordinance will be introduced later this evening.
    Mr. Hutton opened the public hearing.
    Jan Weaver, 412 ½ W. Walnut, President of Friends of Rock Bridge Memorial State Park, reported the group is very concerned about potential development in this area because of the impact on the water quality in the Park. She asked that the Council refrain from annexing this area with its current zoning and wait until a plan is developed that covers the entire area which takes into account storm water flows and other urbanizing influences.
    Bill Easley, 705 Cook, spoke against annexation.
    Alyce Turner, 2194 E. Bearfield, spoke on behalf of the Boone County Smart Growth Coalition. She explained their major goal as being the preservation of areas of natural significance and to conserve open space. As one of the largest tracts of public land near Columbia, she said protection of the Philips Tract within the sensitive Clear Creek and Gans Creek watersheds on the outskirts of Rock Bridge State Park is extremely important to the Coalition and the citizens of Boone County and Columbia. For the past year, Ms. Turner related that the Coalition has been conducting a public education and petition campaign and have collected signatures from citizens of Boone County and Columbia testifying to their concern about protecting and preserving this area as a green space. If Columbia is to maintain its current character of ample outdoor recreational opportunities and stays on course with its existing 10-year parks plan, she said it is imperative that the Philips tract be preserved for the enjoyment of present and future generations. Ms. Turner presented the Council with signatures of 920 citizens in support of the preservation and public acquisition of the 500 acre Philips tract. She asked the Council to not approve the voluntary annexation request.
    Randall Clark, 2147 Bearfield, spoke on behalf of the local group of the Osage Sierra Club. Their top priority is the preservation of the sensitive Little Bonne Femme and Bonne Femme watersheds. He said they are sensitive because of the Karst nature of the area and because of the unique, rare and endangered species that live there. Their feeling as to the best way to preserve such is to limit urban development to less than ten percent of the watershed. Mr. Clark believed if the R-3 zone is approved for this tract, it would run counter to the Council's Policy Resolution 232-99A which encourages the use of planned PUD districts in the Little Bonne Femme Water Shed. He indicated the group preferred to see a planned PUD of low density housing on the entire Philips tract, not just the 75 acres. However, they also feel the best use of the land would be as a recreational park. In addition, Mr. Clark said they would like to see a moratorium on rezoning and development in the entire upper Little Bonne Femme and Bonne Femme watersheds until a comprehensive storm water plan and a land use plan can be developed to assess the impacts on these areas.
    John Ikerd, 5121 S. Brock Rodgers Road, explained that he lives just across Gans Creek from the Philips Farm. He urged the Council to reject the proposal on this 75 acre tract because of the contingency for permanent R-3 zoning. He agreed with the earlier concerns expressed this evening and at the Commission hearing. Mr. Ikerd did not think permanent zoning should be granted for this property or any other property along the Columbia to Ashland Highway 63 corridor until a comprehensive land use plan is in place to protect the public interests in this ecologically fragile area. As an economist with 30 years of experience, Mr. Ikerd discussed economic aspects of the issues also. One was that high density zoning on this tract would diminish the "use value" of all property in the watershed, including Rock Bridge State Park. He urged the Council to reject the proposal.
    Susan Flader, 917 Edgewood, President of the Missouri Parks Association, explained that the Association is dedicated to the protection, enhancement and interpretation of state parks and historic sites. Ms. Flader explained that they regard Rock Bridge State Park as one of the prime natural areas in the parks system. However, Ms. Flader indicated it is gravely threatened by water quality problems that would be exacerbated by high density zoning on this tract. For that reason, she said the Association supports the recommendations of the various other groups who have advised that more comprehensive planning for the entire tract and watershed is necessary before any permanent zoning is approved for the area.
    Mr. Hutton closed the public hearing and noted that no action was required at this point.
 

OLD BUSINESS
B202-02     Authorizing Change Order No. Four to the contract with Curtiss-Manes-Schulte, Inc. for construction
                   of the Community Recreation Center.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that 22 items are contained in this change order ranging in cost from $4,000 to $15,500.
    Mr. John asked Mr. Beck to explain the reason why change orders are fairly typical on large construction projects such as this. Mr. Beck equated it to anyone building or remodeling their own house where there are usually changes along the way after the actual construction process begins. He noted problems could be encountered relating to such things as footings, foundations and soil conditions. In some cases, he said suggestions are made that would make the building more functional.
    B202-02 was given third reading with the vote recorded as follows; VOTING YES: HUTTON, LOVELESS, JOHN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: COFFMAN, HINDMAN. Bill declared enacted, reading as follows:
 

B206-02     Authorizing Change Order No. One to the contract with J. C. Industries, Inc.; approving the engineer's
                   final report for construction of the Downtown Sidewalk Improvement Project.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this project eliminated steps along the east side of Eighth Street, between Broadway and the alley. He stated a ramp was constructed to replace the steps. In addition, a similar situation was corrected next to the Police building at Walnut and Seventh Street. Mr. Beck noted that planters were installed as well in accordance with City standards.
    B206-02 was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: COFFMAN, HINDMAN. Bill declared enacted, reading as follows:
 

B209-02     Amending Chapter 13 of the City Code relating to business licenses including armed guard licenses,
                   security guard licenses and temporary business licenses.
    The bill was given second reading by the Clerk.
    Mr. Beck explained the amendment concerning standards related to the approval of a guard license when the applicant's criminal history includes certain federal or state misdemeanor convictions involving theft, violence, drugs or sexual abuse within the past five years, or release from confinement for a misdemeanor within one year. In addition, staff is proposing a fee increase for the license from $5 to $10. Mr. Beck noted that fees have not been increased in this area since 1985.
    Mr. Boeckmann noted an amendment sheet with the substantive issue being the definition of a conviction, which he explained.
    Mr. Hutton made the motion to amend B209-02 per the amendment sheet. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. Boeckmann also pointed out an amendment to Section 13-50 (b) to add the words "Armed guard license applicants".
    Mr. Janku made the motion that B209-02 be further amended to include Mr. Boeckmann's suggestion. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    Referring to the length of time for operating a temporary business stand, Mr. Hutton questioned the intention of the 14 day stipulation. Ms. Finley responded someone could operate a temporary business for up to14 days within any three month period. She clarified a person could not operate for a week one month, and then another week the next month. There was a discussion at this point as to how the wording should read to make the intent clear. Mr. Hutton asked if he understood the purpose to say that a temporary business stand can only operate a maximum of 14 days within a three month period. If so, he did not think the suggested language was very clear. Mr. John's interpretation was the temporary business can operate for up to 14 consecutive days during a three month period, and when it shuts down it is finished for three months. Mr. Janku asked if the intent was one time, at one location, within three months. Ms. Finley verified that was the goal of the ordinance.
    Mr. Hutton made the motion to further amend B209-02 by amending the last sentence in Section 13-311 (b) to read "which may last for 14 days and all days must be consecutive in any three-month period at only one location." The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    In reference to the security guard section, Mr. Hutton noted the applicants have the burden of demonstrating good moral character. However, a criminal record does not necessarily preclude a person from obtaining a license. Mr. Hutton asked whether that was putting the burden on the administrator to determine whether or not someone is of good moral character. Ms. Finley said it would. He questioned if she was comfortable with that. Ms. Finley replied affirmatively. Mr. Hutton asked what she would do in the case of someone having a conviction five years ago, but have not had any run-ins with the law since then. Ms. Finley said the nature of the crime would have to be considered as well as the person's record after conviction and other evidence to determine whether a license should be granted. Mr. Boeckmann pointed out the draft ordinance sent to him from the Finance Department would deny a license to someone who had a conviction within five years of the application. He noted that had been the Director's preference as opposed to getting into the business of making judgements on people's character, but there is a state statute that does not allow denial of a license on the basis of a conviction. It does allow one to set up a scheme similar to the proposed amendment in which someone's moral character could be judged. Mr. Boeckmann indicated convictions can be taken into account as evidence of a person's moral fitness, but other things also have to be taken into account.
    Mr. Hutton asked if the conviction record is based solely on a Highway Patrol records check. Ms. Finley responded for guards they go through the State Highway Patrol. Mr. Hutton noted that some people have lots of problems but are never convicted of anything.
    B209-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: COFFMAN, HINDMAN. Bill declared enacted, reading as follows:
 

B210-02     Amending Chapter 28 of the City Code related to taxicabs and limousines.
    The bill was given second reading by the Clerk.
    Mr. Hutton noted an amendment sheet that related to definitions.
    Ms. Finley explained the proposal to strengthen the provisions to the taxi and limousine ordinances as they relate to criminal convictions. Staff also recommends the enactment of drug and alcohol testing requirements at the time of application and when a driver's permit is renewed. Ms. Finley noted that some fee increases are also being proposed for licensing and vehicle permits.
    Mr. Janku understood the City does not engage in any economic regulation of the taxicab industry. Ms. Finley confirmed that the City does not regulate the number of taxicabs or the rates charged to customers, but this information is kept on file.
    Dan Viets, an attorney with offices at 15 N. Tenth, asked that a final vote on this issue be tabled, and instead that it be referred to the Substance Abuse Advisory Commission for further public input and consideration. He understood there was no immediate pressing need to pass the ordinance. Mr. Viets commented that although alcohol is the drug which by far is the cause of the greatest number of automobile accidents and other work related problems compared with any other drug, he noted the application itself does not require the reporting of DWI offenses. He said that was one of many aspects in the ordinance he thought might benefit from further consideration. Mr. Viets argued that substances found with drug testing may reflect past use, but the tests will not measure safety or the ability to drive an automobile without impairment. He believed this to be a bad precedent and wondered why the City would not want to include drug testing of armed guards or any other occupation. Mr. Viets distributed several booklets by the ACLU relating to drug testing, and asked the Council to read the report before expanding the practice.
    Henry lane, 1816 E. Broadway, spoke about the importance of the taxi business in Columbia. He thought passage of this ordinance would create more regulation and hardship on such.
    Nick Hinshaw, 704 King, commented that he once drove a taxicab. He believed the cab company should make the decision as to whether to drug test their employees. He did not think drug testing was the issue, but rather the owner knowing their employees. Mr. Hinshaw indicated an employer should know if there is a drug or alcohol problem. He pointed out that more cab drivers are murdered than in any other occupation.
    Bill Easley, 705 Cook, spoke in opposition to drug testing.
    Ms. Crayton agreed that drug testing was something that should be done by the employer. She felt the issue should be tabled to allow time for more input. Ms. Crayton was fearful that further legislation could result in eliminating taxi service in Columbia.
    Mr. Janku questioned whether the application will be revised to include the question about DWI convictions. Ms. Finley answered affirmatively.
    Mr. Hutton asked about the impetus for the changes, in particular the drug testing. Ms. Finley stated that she has received phone calls from citizens alleging that taxi drivers were under the influence of something, but were not sure what. She said one of the taxi companies supports the proposed revisions and are currently enacting such a policy on their own. Ms. Finley related that other cities throughout the state have these provisions in place, including the City of Springfield. She thought the amendments are a good idea and would make the citizens feel safer about riding in taxis. Mr. Hutton pointed out that a test once a year would not prevent someone from being under the influence when they are driving the cab at a later time.
    Mr. Janku noted that the ordinance stipulates that the screening must be at least equal to the same as currently required by the U.S. Department of Transportation for motor carrier drivers. He asked about City bus drivers. Mr. Patterson responded these employees are subject to similar requirements. Mr. Hutton inquired as to whether testing is done once a year or randomly. Mr. Patterson replied that the City has a random program for employee testing, but he was not sure about the frequency of testing.
    Mr. Hutton believed there are many people driving in Columbia who are subject to drug tests. He asked how much it costs to have the test performed. Ms. Finley responded that it would cost somewhere in the area of $40 to $50. Mr. Loveless believed his organization is paying $40.
    Ms. Crayton made the motion that B210-02 be tabled to the July 1st, 2002, meeting. The motion was seconded by Mr. Loveless.
    Mr. Loveless thought drug and alcohol testing should be the responsibility of the employer, but not necessarily a City responsibility for licensing.
    Mr. John understood people who want to protect the ability of people to get jobs, but passengers riding in taxis need protection too.
    Mr. Janku remarked that he was on the Council when legislation was passed that did not require taxi services to operate 24 hours a day, seven days a week. The amendment was an economical benefit that supported these types of businesses. Mr. Janku pointed out that many cities have a monopoly which drives up the cost of service. He said Columbia could go to a regulatory system where only a few companies would be allowed. Mr. Janku commented if the City does not establish standards of quality on taxi drivers, it is unlikely the consumer will know which company has drug testing and which one does not. Because the City elected to initiate a free enterprise system, Mr. Janku believed the Council has a greater responsibility to ensure quality service and impose the recommended standards.
    Mr. Loveless agreed that the objective should be to require quality service by ensuring drivers are not under the influence of any mind-altering substance. He would feel more comfortable with this if, rather than a pre-certification drug test, the City required those who are certified or licensed to be subjected to random drug testing. Mr. Loveless believed that would be far more likely to keep a driver straight behind the wheel than just an annual drug test.
    Mr. Hutton understood all licenses are required to be renewed by July 1st. Ms. Finley said that was correct. He inquired if she wanted to have the provisions in place for the re-licensing to meet that deadline. Ms. Finley agreed with that statement.
    Mr. John concurred that an annual pre-licensing test is probably not going to be as effective as ongoing random testing, but with this arrangement the City would have to set up a procedure of how and when it is done. Mr. John believed the amendment is a step in the right direction and was ready to vote on the issue this evening.
    There was a discussion about how many votes were needed to pass the ordinance this evening. Mr. Boeckmann clarified that four votes are needed for either tabling or passing this bill.
    Because the drug testing seemed to be of most concern, Mr. Hutton asked about the possibility of passing the ordinance to exclude the drug testing portion.
    The motion to table, made by Ms. Crayton, seconded by Mr. Janku, failed by voice vote.
    Mr. Hutton made the motion that B210-02 be amended per the amendment sheet. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    Mr. Hutton questioned if it would be possible to pass the ordinance without the drug testing, and revisit the issue and change the application mid-year for any new applicant. Mr. Boeckmann indicated if the Council passes this bill without the drug testing provisions and an ordinance is later introduced and passed that included such, then the new regulations would become effective immediately and anyone applying for a permit after this date would have to comply with the drug testing requirements.
    Mr. Hutton made the motion to further amend B210-02 by deleting Section 28-113 and renumbering subsequent sections. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
    B210-02, as amended, was given third reading with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, JANKU. VOTING NO: CRAYTON. ABSENT: COFFMAN, HINDMAN. Bill declared enacted, reading as follows:
 

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

B200-02     Vacating a portion of a drainage easement within Broadway Farms Subdivision; accepting a grant of
                   easement for drainage purposes.
B203-02     Accepting easements for utility purposes.
B204-02     Accepting a deed of dedication; approving engineer's final report; authorizing payment of differential
                   costs for construction of water main serving Timberline Subdivision, Plats 2 and 3.
B205-02     Authorizing the acquisition of easements necessary to construct H-17 Sewer Extension and H-17N
                   Sewer (Grindstone Creek Outfall).
B207-02     Calling for bids for construction of the Sanitary Sewer District No. 144 (Mexico Gravel Road) Project.
B208-02     Appropriating funds received from Educare for the cost of producing Play as Learning videos.
R113-02     Setting a public hearing: installation of traffic calming devices on Audubon Drive.
R114-02     Setting a public hearing: voluntary annexation of property located south of I-70 Drive Southeast,
                   approximately 120 feet east of Upland Creek Road.
R115-02     Authorizing an agreement with Lincoln University to provide clinic experience for student nurses.
R116-62     Authorizing an agreement with the Curators of the University of Missouri to allow use of University
                   property for the Fourth of July Fireworks Program.
R117-02     Authorizing an agreement with Russell-Marti Conservation Services, Inc. to repair and reinstall La
                   Colomba sculpture at the Library.

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

R118-02     Amending an agreement with Republic Parking Systems to allow Republic to begin accepting credit
                   cards for payment of parking fees.
    The resolution was read by the Clerk.
    Mr. Patterson explained that this is a routine renewal of a parking agreement with the only thing different being the acceptance of credit cards for people using the facility. He said it is something customers expressed an interest in, so Republic has offered to provide that service.
    Mr. Janku noted that the department is making a relatively modest income off this agreement. He commented on the provision to allow restaurant customers validation on parking. Mr. Janku encouraged staff to think of other ways, like offering short term parking, to make the airport more user friendly. For example, he suggested being able to drop someone off might be a nice amenity.
    The vote on R118-02 was recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: COFFMAN, HINDMAN. Resolution declared adopted, reading as follows:
 

NEW BUSINESS
R119-02     Re-establishing and modifying the targeted area of the Homeownership Assistance Program, an
                   employee benefit for eligible City employees.
    The resolution was read by the Clerk.
    Mr. Beck explained that Mr. John had asked that the boundaries be adjusted.
    Mr. John thought this was an appropriate restriction of the areas.
    Mr. Janku asked about any current applications. Mr. Dudark responded that staff has received three eligible applications. He said they have had one closing and the other two have had their 90 day eligibility expire. Currently, Mr. Dudark related there are no applications being certified as eligible for the program. He noted applications have been picked up, but have not been returned. Mr. Janku thought the Council might need to further address this program during budget discussions.
    Mr. Janku wondered if meetings had ever been scheduled with other employers. Mr. Dudark replied it is still being discussed, and staff is trying to arrange a schedule that will work with everyone involved. Mr. Janku suggested the City's eligibility areas should not influence or limit the decision of what other employers might establish. Mr. John agreed.
    Mr. Hutton believed it might make more sense to have this resolution define eligibility areas as being those within the CDBG boundaries. Therefore, this resolution would not have to be amended every time the CDBG area changes. It was ascertained that the proposed boundaries do not reflect all CDBG eligible areas, but rather concentrates on areas within the central core of the City. Mr. Hutton said there are some areas he would like to see included, but was not sure of their CDBG eligibility. Mr. Janku responded the area does not necessarily have to be tied to such.
    The vote on R119-02 was recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: COFFMAN, HINDMAN. Resolution declared adopted, reading as follows:
 

R120-02     Approving the preliminary plat of Bay Hills.
    The resolution was read by the Clerk.
    Mr. Beck explained that this major subdivision located in the northeast portion of the City consists of 23.67 acres. The plat shows 69 R-1 lots. Both staff and the Planning and Zoning Commission recommended approval.
    Mr. John questioned when the sewer line will be constructed in this area. Mr. Patterson explained that there is an ordinance on the agenda this evening for acquiring the easements. He indicated that staff is hopeful construction could begin this fall or winter and the project will be completed by the end of next year. Mr. John asked about occupancy permits in relation to the completion of the sewer line.
    Tim Crockett, an engineer with Crockett Engineering Consultants, 2608 N. Stadium, stated that they are not anticipating at this time to ask for any certificates of occupancy prior to the completion of the sewer extension. He noted the owner and developer are both present and available to answer any questions.
    The vote on R120-02 was recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: COFFMAN, HINDMAN. Resolution declared adopted, reading as follows:
 

R121-02     Authorizing an agreement with the Curators of the University of Missouri for the Show-Me Games
                   and Senior Games.
    The resolution was read by the Clerk.
    Mr. Beck explained that this is our annual agreement with the University. He stated a $15,000 cash sponsorship has been allocated from the Convention & Visitors Bureau and $5,000 from the Parks and Recreation Department budget. In addition, the City provides facilities and other associated services without cost. Mr. Beck noted that Columbia hosts the largest state games in the United States.
    The vote on R121-02 was recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: COFFMAN, HINDMAN. Resolution declared adopted, reading as follows:
 

R122-02     Authorizing an agreement with the Columbia Cosmopolitan Club to assist with the fourth of July
                   Celebration.
    The resolution was read by the Clerk.
    Mr. Beck reported that the City has budgeted $5,000 toward this event for the last several years.
    The vote on R122-02 was recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: COFFMAN, HINDMAN. Resolution declared adopted, reading as follows:
 

R123-02     Accepting an emergency shelter grant from the Missouri Department of Social Services; authorizing
                   agreements with various emergency shelter providers.
    The resolution was read by the Clerk.
    Mr. Beck explained that again this year the City has been approved to receive $75,000 in emergency shelter money from the Missouri Department of Social Services. The disbursement of the grant is as follows: $29,000 for Comprehensive Human Services; $29,000 for the Salvation Army; and $17,000 for Welcome Home, Inc.
    The vote on R123-02 was recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: COFFMAN, HINDMAN. Resolution declared adopted, reading as follows:
 

R124-02     Approving the Quail Creek Neighborhood Association by-laws.
    The resolution was read by the Clerk.
    Mr. Beck noted that all guidelines have been met for establishing this neighborhood association.
    Mr. John remarked that only nine people out of the entire subdivision formed this organization. He believed that neighborhoods need to have representation, but was a little concerned when such a small number initiate and oversee the process.
    The vote on R124-02 was recorded as follows: VOTING YES: HUTTON, LOVELESS, JOHN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: COFFMAN, HINDMAN. Resolution declared adopted, reading as follows:
 

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

B211-02     Adopting the 2025 Transportation Plan.
B212-02     Approving the final plat of Grace Covenant Church Subdivision, a replat of Lots 2 through 9 of
                   Guitar's Subdivision and Park Addition.
B213-02     Approving the final plat of Flat Branch Subdivision, Plat No. 1, a replat of part of University Addition.
B214-02     Rezoning property located on the west side of Peach Court, southwest of Peachtree Drive from District
                   C-1 to District C-P; approving the C-P Development Plan of Holiday Inn and Suites.
B215-02     Granting a variance from the requirements of the City Code for sidewalk construction along the south
                   side of I-70 Drive Southeast, adjacent to Lot 2 of Little Bear Industrial Park.
B216-02     Vacating a drainage easement within Grasslands Subdivision, Block 8; accepting a grant of easement
                   for drainage purposes.
B217-02     Approving The Intersection PUD site plan; granting a variance to the Subdivision Regulations
                   regarding right-of-way width; approving an amendment to the Statement of Intent; approving a
                   reduced setback.
B218-02     Voluntary annexation of property located on the southwest side of Ponderosa Street, southeast of the
                   Blue Acres Mobile Home Park; establishing permanent R-3 zoning.
B219-02     Authorizing the installation of traffic calming devices on Audubon Drive.
B220-02     Calling for bids for the construction of the Defoe Drive Drainage Project.
B221-02     Calling for bids for the construction of the Rollins Road Improvement Project.
B222-02     Amending Chapter 22 of the City Code relating to special tax assessments on through lots.
B223-02     Approving the engineer's final report; authorizing Change Order No. 1 for the Bear Creek Recreation
                   Trail, Phase I Project.
B224-02     Accepting easements for drainage, sidewalk, sewer, street and utility purposes.
B225-02     Authorizing a grant agreement with the FAA for the purchase of a snow plow-spreader truck and
                   reimbursement for acquisition of property; appropriating funds.
B226-02     Authorizing Supplement No. 1 to the FAA agreement; approving Change Order No. 1 and the
                   engineer's final report for the Engine/Generator Building Project at Columbia Regional Airport.
B227-02     Authorizing an agreement with the Missouri Department of Health for surveillance for the West Nile
                   Virus; appropriating funds.
B228-02     Accepting easements for utility purposes.
B229-02     Authorizing a right of use permit with the University of Missouri to allow for construction, improvement
                   and maintenance of the fiber optic telecommunication lines within City right-of-way.
 

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

(B)     Draft Park and Recreation Master Plan - Public Review.
    Mr. Beck noted that this issue had been discussed at the Council retreat. Staff proposes to introduce the draft plan to the public. At least two public meetings would be held and the plan would also be posted on the City's web site. In addition, the document would be available at the Library and the Parks and Recreation Office. Following that process, the Parks and Recreation Commission would hold a public hearing and forward recommendations to the Council.
    Mr. Hutton made the motion that the draft plan be referred to the Parks and Recreation Commission for their review and to proceed as outlined in the staff report. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

(C)     Report on Request for Proposals for Rail Terminal.
    Mr. Malon explained that the Council had previously authorized staff to seek proposals from private companies to develop the terminal site as a location to load/unload commodities for shippers in the area, and to also run a materials storage warehouse. Of the two proposals received, one has since been withdrawn. The remaining proposal is from Prost Builders and Show-Me Transportation. Mr. Malon reported these companies are willing to make an approximate $2.7 million investment on the property and have been doing a lot of homework by surveying potential rail users throughout central Missouri. They propose to lease the land from the City for $1,000 annually on a long-term basis. He stated they have also requested that the Columbia terminal install railroad tracks which would actually go into the building.
    Mr. Malon reported the Railroad Advisory Board has reviewed and discussed the proposals. He indicated that both staff and the Advisory Board recommend that the Council authorize them to proceed with the agreements.
    Mr. Janku asked if a profit was anticipated for the Railroad with this increase. Mr. Malon responded staff certainly hopes it will help, although this division has not been enduring giant losses. He commented that it is hard to break even particularly with the small number of car loadings the City has. Mr. Malon pointed out that it was never intended that the Railroad would be a cash cow. It was developed as a way to transport coal to the Power Plant and to help retain existing customers.
    Mr. Loveless made the motion that staff be directed to begin work on the needed agreements. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

(D)     Report on Wind Power Purchase.
    Mr. Beck commented that the Council had received an e-mail from Mr. Coffman regarding this issue.
    Mr. Malon noted there was not a deadline in relationship to a wind power purchase. He said it would not be a problem if the Council wished to table the issue so it could be discussed further.
    Mr. Loveless made the motion that the report be accepted and that the issue be discussed further at a work session when the full Council is available. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
 

(E)     Report on Sale of SO2 Allocations.
    Mr. Malon spoke about the City receiving excess SO2 allocations from last year. He reported they are currently marketable and are worth $159 per ton. He related the last time the excesses were disposed, they were traded for ash removal at the Power Plant. Mr. Malon noted that the allocations do not have to be sold -- the City can hold them and play the market.
    Mr. Hutton made the motion that the Council accept the report and hold the allocations. The motion was seconded by Mr. Loveless.
    Mr. Janku thought the authority to sell the allocations should be in place to allow staff some flexibility. Mr. Malon reasoned the Council would have to pass a resolution for that in any event. Mr. Hutton suggested if that was the case, the Council should ask for a resolution to be drafted that would give the authority for whomever to sell them if it is determined the market is favorable. Mr. Malon noted approval for such by resolution would only take one meeting anyway.
    Mr. John did not think the allocations should be held, but instead he recommended selling them and putting the funds in a utility account to be spent toward special projects in the new budget year at the Council's direction.
    Mr. Hutton asked Mr. Malon if he knew the fluctuation in the price of the allocations over the last six months to a year. Mr. Malon responded in January they were sold at $157/ton, and now they are at $159. He suggested the decision to sell the allocations should be based on some other criteria rather than guessing market values. Mr. Malon reviewed the two options: the allocations could be sold now and the funds put in an account to be used for special projects, or the allocations could be held.
    Mr. Beck recommended to the Council that staff should monitor the situation, look at the factors involved, and either be authorized to negotiate the sale of the allocations or bring to the Council what is perceived to be a good timing schedule in which to dispose of them. Due to any federal regulation changes that may come up, he believed the allocations should be disposed.
    Mr. John said he would like to see the staff prepare a resolution for the next meeting authorizing the sale of the allocations. He said they could discuss whether or not they want to put some timing on it then. Mr. John stated the proceeds could be put in a separate account in the budget to be used for special projects.
    Mr. John made the motion that staff be directed to prepare a resolution authorizing the sale of the allocations for the next meeting, at which point they could discuss the timing issue. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

APPOINTMENT TO BOARDS AND COMMISSIONS
    Upon receiving the majority vote of the Council, the following individuals were appointed to the following Boards and Commissions.

COMMUNITY DEVELOPMENT COMMISSION
Giroux, Douglas S., 1409 University, #3, Ward 6 - term to expire 3/1/05

CULTURAL AFFAIRS STANDING COMMITTEE ON PUBLIC ART
Polley, Michael J., 721 Columbine Ct., Ward 5 - term to expire 7/1/04
Scroggs, Stuart S., 1008 Maplewood, Ward 4 - term to expire 7/1/05
Sleadd, Michael D., 607 Bluffdale, Ward 6 - term to expire 7/1/03

DISABILITIES COMMISSION
Boustead, Robyn S., 2312 Hollyhock Ct., Ward 2 - term to expire 6/15/05
Wagner, Becky, 3210 Gazelle Dr., Ward 2 - term to expire 6/15/05
Welliver, Christy M., 184 W. Green Meadows Rd., Ward 5 - term to expire 6/15/05

RAILROAD ADVISORY BOARD
Davis, Peter N., 700 S. Greenwood, Ward 4 - term to expire 7/15/06
Eiffert, Gregory T., 2401 Cimarron Dr., Ward 5 - term to expire 7/15/06
Ogden, Tom E., 1301 Chadwick Dr., Ward 5 - term to expire 7/15/06

WATER & LIGHT ADVISORY BOARD
Conway, John T., 4902 Thornbrook Ridge, Ward 5 - term to expire 6/30/06
 

COMMENTS BY COUNCIL, STAFF AND PUBLIC
    Mr. John commented that the Council had discussed the law enforcement tax being proposed by the County at the retreat. He had asked for and received some numbers on the issue, and this information was discussed briefly at the pre-Council meeting.
    Mr. John made the motion that the staff be directed to continue looking at the numbers and discuss with the Sheriff's Department and County Commission concerns he brought up in terms of the apparent inequity in the portion that deals with the patrol side of the tax. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. John inquired as to the Council's preference related to the drug testing issue. He wondered if they wanted staff to review it, and whether the testing should be done annually or randomly. Mr. Janku preferred to see a report on it. Mr. Loveless believed the intent of the proposal was to ensure the safety of passengers, and the pre-licensing drug testing was the first step. He thought the City could do better than that and would like to see staff explore other options.
    Mr. Loveless made the motion that staff be directed to explore the options. The motion was seconded by Mr. John and approved unanimously by voice vote.
    Mr. Loveless remarked that the Council had received a letter from the local administration of the Conservation Department regarding deer and what they foresee as a growing problem in regards to their population numbers. He said they had offered to make a presentation to the Council and provide management recommendations. He was not aware that anyone had responded to the Department's letter and believed they were owed that courtesy.
    Mr. Loveless made the motion that staff be directed to ask the Conservation Department to develop a presentation to be given to the Council at a work session along with some management recommendations. The motion was seconded by Mr. John and approved unanimously by voice vote.
    Ms. Crayton said she had reported a garage sale a few weeks back that was being conducted out of a U-Haul. She had been told what the regulations were and wanted to report that this individual was not complying with such, but there had been no one to call over the weekend to report the problem. Ms. Crayton indicated the sale had gone on for three days.
    Mr. Janku received a letter from a ten year old constituent who was concerned about the safety of kids in her neighborhood who skate in the street. He reported that this young lady sent a petition signed by 23 people, 19 of whom were under the age of 11, requesting that a sign be installed that prohibited skating in the street. Mr. Janku passed the information to staff and asked that they follow-up on the request with a sign.
    Mr. Janku noted that the Council received a report on the intersection of Broadway and Park de Ville. He said there is no stop light at this location and there was hope that one would eventually installed. As pointed out in the report, Mr. Janku related the City lacks a mechanism to require developer contribution because these particular areas are located in open zoning districts.
    Mr. Janku made the motion that staff report back on what could be considered at this intersection and others to get the contribution from the adjacent property owners to help pay the cost. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
    Mr. Janku spoke about the need for more improvement to the downtown sidewalks. He mentioned the southwest corner of Fifth and Cherry and the southeast corner of Eighth and Broadway are both areas containing steps instead of ramps.
    Mr. Janku commented on the landscaping progress on Providence north of the Business Loop and south of I-70. He reported it looks very good.
    Sam Giroux, 1409 University Avenue, thanked the Council for appointing him as the Sixth Ward representative to the Community Development Commission.
    The meeting adjourned at 9:25 p.m.

                                                                                                Respectfully submitted,

                                                                                                Penny St. Romaine
                                                                                                City Clerk