M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
JANUARY 16, 2001
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Tuesday, January 16, 2001, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, and JANKU were present. Mayor HINDMAN was absent. The City Manager, City Counselor, City Clerk, and various Department Heads were also present.
    Mayor pro-tem Campbell welcomed Grant Elementary School's fifth grade classes and their teachers
 

APPROVAL OF MINUTES
    The minutes of the regular meeting of January 2, 2001, were approved unanimously by voice vote on a motion made by Mrs. Crockett and a second by Mr. Coffman.
 

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Upon her request, Mr. John made the motion that Ms. Crayton be allowed to abstain from voting on B6-01. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Upon his request, Mrs. Crockett made the motion that Mr. Campbell be allowed to abstain from voting on B10-01. The motion was seconded by Mr Coffman and approved unanimously by voice vote.
    Mayor pro-tem Campbell noted that a Health Facility report would be added under Reports and Petitions.
    The agenda, as amended, including the consent Agenda, was approved unanimously by voice vote on a motion made by Mrs. Crockett and a second by Mr. Janku.
 

SPECIAL ITEMS
    None.
 

SCHEDULED PUBLIC COMMENTS
    None.
 

PUBLIC HEARINGS
B418-00     Approving the Boone Hospital Medical Park - Phase 3 O-P Development Plan.
    The bill was read by the Clerk.
    Mr. Beck explained that this proposed 132-space lot is immediately east of an existing parking lot north of East Broadway. The Planning and Zoning Commission voted 4-3 against the plan because they believed there was already too much surface parking in the immediate area. Mr. Beck noted that it had been suggested that if the Council approves this plan, it should be contingent upon Boone Hospital participating in the construction of a sidewalk/walkway along a private drive known as Jack Estes Way as well as on the north side of East Walnut Street.
    Mr. Janku commented that the Council approved an ordinance in 1998 that was contingent upon a sidewalk being constructed on the north side of Jack Estes Way. He asked how this legislation might affect that ordinance. Mr. Dudark responded that a sidewalk could be constructed on both sides of the private drive should the Council choose to make that motion. Mr. Janku wondered if this ordinance is passed in its current form, whether it would override the previous ordinance. Mr. Boeckmann noted that the previous ordinance granted approval for Phase 2 of the O-P plan, this one is for Phase 3. Mr. Boeckmann asked Mr. Dudark if there would be an overlap between the two ordinances. Mr. Dudark verified that the 1998 ordinance contained a condition that a sidewalk had to be constructed on the north side of the private drive. He reported that sidewalk has yet to be installed. This ordinance does not specifically address the sidewalk, but Mr. Dudark indicated it could be amended to include the condition recommended by the Commission -- that a sidewalk be built on both sides of the private drive, which would add to the previous ordinance.
    Mayor pro-tem Campbell re-opened the public hearing.
    Barbara Weaver, Chair of the Board of Trustees at Boone Hospital, explained that the Boone Medical Park has been so successful that additional parking is now needed. She distributed a rendering that depicted the entire property and she pointed out the remaining green space on it. Ms. Weaver apologized that sidewalks were never constructed on the north side of Jack Estes Way. She was uncertain as to why that did not occur. She reported it is the Hospital's intention to build the sidewalk along the north side of the private drive. Ms. Weaver asked the Council to reconsider the possibility of requiring sidewalks on the south side of that drive. She indicated that traffic flows from the parking lots in such a way that it is believed there would be very little need for the sidewalk on the south side of Jack Estes Way. Ms. Weaver explained the hospital will be preparing a strategic and master site plan which will include the medical park area as well. She commented the Trustees intend to meet with the Planning staff on a frequent basis as they go through this process. Ms. Weaver stated the Trustees would prefer to address whether a sidewalk in this area of Walnut Street is necessary at that point in time.
    Mr. Coffman remarked that Boone Hospital has been a good neighbor. However, he continually hears concerns expressed about the amount of surface parking. When the area was originally slated for development, Mr. Coffman stated that many people perceived that a considerable amount of green space would be preserved. His preference was to see a nice parking garage surrounded by green space as opposed to a sea of concrete.
    Ms. Weaver responded that the Trustees would be considering parking structures when they update their master plan. The primary reason it has not been proposed yet is because no one knows how the area to the north of Jack Estes Way is going to develop. She reported it would cost $3.6 million to construct a parking garage as opposed to $273,000 for the surface parking expansion. Since the Trustees do not know what will be constructed on the north campus at this point in time, Ms. Weaver stated it had been determined that parking should not be considered for this site yet.
    Mr. Coffman commented that he does not often see the existing parking lots filled to capacity. Ms. Weaver said Mr. Frevert, the Support Services Director, would address that issue. She distributed letters from three different physician groups who have attested to the need for additional parking for their employees and patients.
    Merle Frevert, Director of Support Services for the hospital, displayed pictures depicting both the south and north sides of the private drive and other points of reference on the campus. Because of the curbing and landscaping on the south side of Jack Estes Way, he explained there is very little distance, perhaps six to eight feet, between the roadway and the private drive. Mr. Frevert noted that constructing a sidewalk on the south side of the drive would result in the loss of some trees. The irrigation system is also located in this particular area. On the north side, because that land is yet to be developed, Mr. Frevert explained that for the most part they would be able to keep the sidewalk away from the existing trees running along the roadway. In addition, he said there would be minimal disruption with respect to the ground lighting and the overhead parking lot lights. By constructing a sidewalk on the north side of Jack Estes Way and adding crosswalks at strategic locations, Mr. Frevert reported that it would adequately accommodate pedestrian needs in this area of the campus. In regards to a sidewalk on Walnut Street, he again pointed out the number of trees that would have to be removed to accommodate a walk in this area, in addition to the embankment and the rocky terrain.
    Mrs. Crockett asked how a sidewalk on Walnut Street would serve the medical office buildings on campus. Mr. Frevert replied it would not serve the medical park -- it would be used primarily by the community.
    Mr. Janku asked when the master plan would be updated. Mr. Frevert said they are required to have it completed by December of 2001. That is when they would address the need for a sidewalk on East Walnut.
    Mayor pro-tem Campbell closed the public hearing.
    Mr. Janku planned to support the parking lot expansion. He thought it was just a matter of time before parking structures will be constructed on the campus. In the interim, he felt it appropriate to allow the surface parking. He believed a sidewalk on the north side of Jack Estes Way would be of benefit to the patients and employees. Regarding the Walnut Street sidewalk, Mr. Janku agreed it would be better to wait and see what will be involved in the future plans of the Hospital. He said the City may want to improve the street in the near future and that should also be taken into account.
    Mrs. Crockett also stated that she is in full support of the plan. She thought there was no need for sidewalks on Jack Estes Way.
    Mr. Coffman was inclined to go with the recommendation of the Planning and Zoning Commission. He noted the Hospital has been granted surface parking numerous times over the last few years and he would prefer a parking garage to preserve green space. Mr. Coffman agreed that the sidewalk on Walnut Street was not needed because of the value of the trees and vegetation across from Lion-Stephens Park. He observed there is an existing fitness trail on the other side of the street. He did not have a strong opinion on the private drive, but he believed that perhaps a walk on one side would be beneficial for employees and visitors.
    As the campus expands and the buildings crowd out the parking, Mr. John said that would necessitate the construction of parking structures. At the same time, he thought the amount of surface covered by structures or asphalt for parking would probably reach a maximum point. Until that point is reached, Mr. John could not see wasting more than $3 million on parking structures versus constructing a surface lot. He did not see any use for a sidewalk on the private drive as long as it is internal to the development. Mr. John noted the sidewalk would run from nowhere to nowhere on a private driveway.
    Mr. Campbell said he had seen people walking on Jack Estes Drive and he thought they were probably neighborhood people using it occasionally. As a good neighbor, he thought it might be beneficial to accommodate these pedestrians.
    Mr. Janku understood the Hospital would build a walk on the north side of Jack Estes Way. He said the Council would not be adding to any sidewalk requirements, they would be approving the expansion of the parking lot.
    B418-00 was read with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, CRAYTON, JANKU. VOTING NO: COFFMAN. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

B9-01     Calling for bids for construction of improvements at the Columbia Sanitary Landfill.
    The bill was given second reading by the Clerk.
    Mr. Patterson explained that this proposed expansion of the landfill is in accordance with the City's Master Plan. He noted this project involves the construction of Cell #3. It is anticipated that they will need to be in the new cell by October of this year. A consultant has been hired, plans and specifications have been received and Mr. Patterson said staff is prepared to call for bids upon approval by the Council. The estimated cost for the entire project is $2.5 million, approximately $2 million being for the new cell itself with the liners, excavation and grading. The balance will provide for the relocation of equipment, maintenance and storage buildings as the new cell will be constructed where these are currently located. It was anticipated from the beginning that these facilities would have to be relocated at some point in time.
    Mr. Patterson reported the Council is being asked to authorize the call for bids for the landfill excavation and to approve the construction of new buildings for equipment, maintenance and storage through the Purchasing Division in a separate project. He noted funding for this project will come from the Utility Enterprise Revenues. At this time, staff does not anticipate the need to increase the tipping fee rates. If other work is done with regard to material recovery, a rate increase will be required.
    Mayor pro-tem Campbell opened the public hearing.
    There being no comment, Mayor pro-tem Campbell closed the public hearing.
    Mr. Coffman made the motion that staff be directed to proceed with the bidding of the equipment and maintenance buildings through the Purchasing Division. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    B9-01 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

B13-01     Authorizing construction of athletic field lights for the Douglass Park baseball/softball field.
    The bill was given second reading by the Clerk.
    Mr. Beck explained this project involves installing lights at the Douglass ballfields at an estimated cost of $65,000. He noted the lighting would extend the hours of operation of the facility. Mr. Beck stated that the lighting also has some special features to protect the immediate neighborhood from light spill.
    Mr. Janku asked if this project could be used as an example of what future parks might have when lighting is involved. Mr. Hood replied that the lights will be equipped with the latest technology in regards to anti-spill and anti-glare. He said the lights would be focused directly on the field.
    Mayor pro-tem Campbell opened the public hearing.
    John Kelly, 2700 Chapel Wood Terrace, President of the Douglass Athletic Association, explained that the program has done wonders for the community. He noted this is the program's fourth year and they have made great strides in introducing youngsters to baseball. He remarked that all the coaches and officials are volunteers. Mr. Kelly pointed out that this is a one time request.
    Mayor pro-tem Campbell closed the public hearing.
    Mrs. Crockett asked if there is just one field. Mr. Hood verified it is one field where both football and baseball are played. Mrs. Crockett asked if the lights would only be on when there are scheduled games. Mr. Hood indicated that was correct -- for all scheduled evening practices or games.
    B13-01 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

B14-01     Authorizing an agreement with the Columbia Public School District; calling for bids for the construction
                 of tennis courts at Gentry Middle School and Cosmo-Bethel Park; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Hood explained the proposal calls for building an eight court tennis complex. Four of the courts would be located in the northern part of Cosmo-Bethel Park and the other four would be located just to the north of that on the Gentry Middle School grounds. The project has been designed as one complex so that tennis facilities can be ensured for both public and school uses. Mr. Hood reported it would give either entity the potential to host larger tournaments. He indicated the School Board members approved this agreement at their December 16 meeting. According to the agreement, City staff will be responsible for the construction of the project and the School District would then reimburse the City for their share (District will contribute $201,000 and the City will contribute $200,000).
    Mrs. Crockett asked if the courts would be lighted. Mr. Hood replied the four courts on City property would be lighted. He indicated that the School District has asked that an alternate be added to the bid to include lighting for the school courts. If adequate funds are found, they will light their courts as well. Mrs. Crockett asked when the lights would be on. Mr. Hood replied that all of the tennis courts throughout the Parks system are equipped with timer mechanisms. He said individuals can punch them on when using the courts. The lights stay on for an hour and then shut off. There is a warning which sounds when they are about to go off, and the players simply punch it again and continue to play on. Because parks close at 11:00 p.m., Mr. Hood commented that lights should not be on after that.
    Mayor pro-tem Campbell opened the public hearing.
    There being no comments, Mayor pro-tem Campbell closed the public hearing.
    Mrs. Crockett believed this was a great way for the City and the School District to work together. She was hopeful to see more joint ventures with them.
    B14-01 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

B18-01     Granting a 20-year telecommunications franchise to Adelphia Business Solutions Operations, Inc.
    The bill was given second reading by the Clerk.
    Mr. Boeckmann explained that the amendment sheet proposes three changes. The first would reduce the term of the franchise from 20 years to 12 years so as to coincide with the Verizon telephone franchise (both would come due at approximately the same time). The last two changes relate to compensation for right-of-way and the disincentive for lawsuits.
    Mr. Coffman made the motion that B18-01 be amended per the amendment sheet. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. Janku understood that this company is planning to provide service only to businesses. He asked if that could be extended to residential service if they desired to do so. Mr. Boeckmann responded that would be within the scope of the agreement. It was ascertained that Adelphia could not provide cable television services as that would involve a separate franchise agreement. Mr. Janku asked if issues related to poles and wires would be treated in the same way as they are with Verizon. Mr. Boeckmann verified that assessment was correct.
    Mayor pro-tem Campbell opened the public hearing.
    There being no comments, Mayor pro-tem Campbell closed the public hearing.
    B18-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

OLD BUSINESS
B1-01     Calling a special election to consider whether a 20-year franchise should be granted to Adelphia
               Business Solutions Operations, Inc.
    The bill was given second reading by the Clerk.
    Mr. Boeckmann explained that an amendment sheet was prepared because the original ordinance as introduced called for an election to approve a 20-year franchise. He said this would change the 20 years to 12 years to conform with the previous ordinance.
    Mr. John made the motion that B1-01 be amended per the amendment sheet. The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.
    B1-01, as amended, was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

B2-01     Calling a special election to consider amendments to the Charter that would bring the Charter into
               compliance with state election laws and modify the section on nominating petitions.
    The bill was given second reading by the Clerk.
    Mr. Boeckmann explained that the proposed amendments would clean-up the election provisions of the City Code. He noted that the election laws, over the years, have changed substantially from when the Charter was first adopted. He said the City no longer has the option of conducting its own election and the Charter would be amended to conform with that. Mr. Boeckmann summarized the other proposed changes.
    Regarding Section 122, Mr. John thought there was a possibility the nominating period could be expanded. He believed the filing deadline and the nominating period should be tied to the same date instead of one being tied to the election date and the other being tied to the deadline set by state statute. Mr. Boeckmann said at one point he was going to draft it that way, but he had found the language to be too cumbersome. Historically, he said the change would be to make the periods smaller.
    B2-01 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

B3-01     Calling a special election to amend the Charter to provide that the public improvement and special
               assessment process be established by general ordinances.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this proposal will replace 17 sections that detail the public improvement special assessment process with two new sections patterned after a Missouri Municipal League model charter for Missouri Cities. The two sections provide that the procedure for public improvement special assessments be placed in the Code of Ordinances rather than in the Charter.
    B3-01 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

B4-01     Calling a special election to amend the Charter to eliminate the requirement of voter approval for
               public utility franchises.
    The bill was given second reading by the Clerk.
    Mr. Beck reported this amendment pertains to telecommunications franchises, not with gas utility franchises.
    B4-01 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

B7-01     Voluntary annexation of property located north of Mexico Gravel Road, east of Benedict Road.
    The bill was given second reading by the Clerk.
    Mr. Beck explained this five acre tract is located in northeast Columbia. The annexation would allow the resident to connect with the City's sanitary sewer. Mr. Beck indicated the applicant has stated they are interested in R-1 zoning.
    B7-01 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

B8-01     Voluntary annexation of property located on the south side of Old Plank Road, across from Tessa Way.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this one-acre tract is located in south central Columbia. Again, the annexation would allow the resident to connect to the City's sanitary sewer. He understood this applicant has also informally requested permanent R-1 zoning.
    B8-01 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

B10-01     Authorizing agreements with The Curators of the University of Missouri and James R. Davis in
                 connection with the EPA Clean Water Act-Storm Water Regulations; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that Mr. Davis recently presented the status of the City's storm water regulations at a public work session. He said this agreement would provide for the continuation of that work to develop watershed partnerships, education programs and so forth. The estimated cost of the agreement is $47,527 to be paid for out of the Storm Water Utility.
    B10-01 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSTAINING: CAMPBELL. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

B12-01     Accepting a Local Law Enforcement Block Grant; appropriating funds.
    The bill was given second reading by the Clerk.
    Chief Boehm explained that this is a federal block grant in the amount of $81,883. He noted this is the fourth year that the City has been approved for this type of funding. Chief Boehm indicated monies received from the grant will be used to purchase a replacement mobile command post/crisis negotiation team van. He pointed out that it requires a 10% match which the department is able to provide through a Police Corps grant that is scheduled to be approved tonight as well.
    B12-01 was given third reading with the vote recorded as follows; VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

B19-02     Amending Chapter 11 of the Code as it relates to food service; adopting the City of Columbia Food
                 Code.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this Code revision came to the Council from the Board of Health with input from the Public Safety Committee. He asked the Director of Health to explain the process thus far.
    Ms. Browning explained that the State of Missouri adopted a new Food Code in October of 1999. It was based on the 1999 Federal Model Food Code put together by the FDA. Since the Columbia Food Code dates back to 1962, she said the Board of Health believed it was time to look at the City's Code as well. Ms. Browning reported the Council was sent a staff report last year outlining the Board of Health's desire to form a Food Safety Advisory Committee to review the State Food Code and make some decisions as to what would be in the best interest for Columbia. After the Council granted approval to proceed with such, a Committee was formed comprised of spokespersons from the retail food industry, Board of Health members, representatives from the University, and consumers. She commented that after extensive review, the group decided to forward a model to the Board of Health which was very similar to that required by the State. Ms. Browning noted one of the biggest sticking points related to the no bare hand contact rule. She summarized this rule to say that except when washing fruits and vegetables, or when otherwise approved by the Health Director, restaurant employees cannot touch food with their bare hands (they have to use some kind of a barrier -- be it tongs, deli tissue, spatula, dispensing equipment, or gloves). She reiterated a worker cannot touch ready-to-eat food with their bare hands. Ms. Browning remarked there has been disagreement in this area at every level, but the Board of Health felt the requirement to be in the best interest for the health of the citizens of Columbia. In addition, Ms. Browning pointed out that the rest of Boone County is operating under the Missouri State Food Code, and the City of Columbia is the only municipality in the county that is not enforcing the no bare hand contact rule.
    Norman Lenhardt, 1118 St. Christopher, spoke on behalf of the Boone County League of Women Voters. Mr. Lenhardt read a statement from the League who endorsed the Board of Health's action to replace the 1962 Food Code with a new ordinance to protect the health of all consumers.
    Ted Groshong, 2600 Limerick, a pediatrician and member of the Board of Health, spoke in support of the ordinance. He believed it was important for the Council to recognize that these standards are being established for a good reason. He reported food bourne illnesses are a fairly common occurrence and bare hand contact is the typical way by which these pathogens can be passed. Dr. Groshong stated that good hand washing is a very important part of the proposed ordinance as it prevents ill workers from handling food. He commented that clean gloves, not necessarily sterile ones, will help protect against infection. Dr. Groshong did not think Columbia should accept lower standards than other municipalities in Boone County.
    John Pelzer, Executive Vice President of the Missouri Restaurant Association, explained that he is addressing the Council on behalf of the restaurant industry in Columbia and their concerns relating to the no bare hand contact provision. He said the Association believed this requirement was by far the most devastating to the industry. Mr. Pelzer remarked that many cities have rejected such a proposal for a variety of reasons, i.e., improperly cleaned hands will contaminate gloves, employees have a false sense of security and do not wash their hands often enough, gloves are not changed frequently enough to prevent cross-contamination, and the potential for burns is significant for employees working around hot surfaces.
    Jennifer Tong, 1200 17th Street NW, Washington, D.C., spoke on behalf of the Missouri Restaurant Association and its Columbia Chapter. While they support the adoption of the Missouri Code, she said there are critical modifications that must be incorporated into the proposed food ordinance to make it more workable and enforceable. After summarizing these findings, Ms. Tong requested that the proposed Section 3-301.11 be changed to read as follows, "Except when washing fruits and vegetables as specified under 3.302.15, or when hand washing and acceptable ill worker exclusion programs per the 1999 FDA Health Code section 2-201.12 are instituted, food employees may not contact exposed, ready-to-eat food with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves or dispensing equipment." (A copy of Ms. Tong's testimony has been attached to B19-01 as part of the permanent record.)
    Kurt Mertshing, Shakespeare's Pizza, 225 S. Ninth Street, remarked that the food a facility serves, the condition and environment in which it is served under, and the methods used to prepare it have to be healthy, wholesome and sanitary. He commented that is what the representatives from the various Columbia restaurants in attendance tonight believe, and they are not going to dispute the cost of some gloves. Mr. Mertshing stated if they want to continue to work in the food industry, they will have to do what is right and adhere to the principle of serving food properly. He believed that the glove ordinance would not help serve food in a sanitary way.
    Chris Smith, a co-owner of The Colosseum Bistro, spoke against the no bare hand contact provision. He thought wearing gloves was not going to prevent workers from contaminating food. Mr. Smith said the worker might touch their hair or face with the gloves on. He commented that bacteria comes out of skin pores so wearing gloves is not the answer. If kitchen managers would keep on top of their employees to ensure their hands are washed correctly and frequently, it would be just as acceptable.
    Cameron Dunafon, 105 E. Ash, operator of Taco Bell Restaurants in Columbia, spoke against the glove rule, but favored public safety. He explained the specific hand washing methods the Taco Bell Restaurants have implemented nationally. Mr. Dunafon reported those techniques have been found to be the best way to prevent food contamination. The Taco Bell managers are responsible for enforcing the policy and food safety audits are done by third parties. He thought that gloves could work, but did not feel that was the best option. Mr. Dunafon asked the restauranteurs present against the bare hand contact restriction to stand. Approximately 30 people stood.
    John Lane, Johnny's Beanery, 212 E. Green Meadows Road, spoke about another section in the proposed Food Code relating to management training. He explained that area restaurants have been working with the Health Department to get this training program established, and the Serve Safe Program (instituted by the National Restaurant Association) is one of the authorized programs to be introduced. Mr. Lane stated the program emphasizes the necessity of clean hands and frequent hand washing. He said it is intended to not only give the managers a more thorough knowledge of what they need to know in running their operations, but also teaches them how to educate their employees on the reason for the various sanitary policies. Pat Brooks, Food Service Director for the Columbia Public Schools, explained that the School District has had a glove policy in place for over 30 years. She said it will be helpful to have a policy throughout the state that is consistent with other cities and counties.
    Dr. Hatfield, explained that he is the dentist on the Board of Health. He spoke in favor of no bare hand contact. He said 20 years ago his profession did not use gloves or masks, and when this became a requirement, there had been a great deal of opposition. Now, everyone is comfortable with it and patients expect it.
    Michael Szewczyk, a physician and Chair of the Board of Health, reported that he has seen thousands of cases of food borne illnesses over the years. He gave the Council a list of states, restaurants and localities that have adopted a no bare hand contact ordinance. Dr. Szewczyk pointed out that when someone contracts a food borne illness from a restaurant, 93% of the time it is caused by an infected worker, not from the food itself. He explained the difference between bacterial and viral infections. Dr. Szewczyk reported that hand washing does not adequately remove viruses from the hand.
    Mayor pro-tem Campbell thanked the Board and Committee for their hard work on this issue.
    Trish Koetting, spoke on behalf of Boone Tavern, Forum Smokehouse, and The Heidelberg Restaurant. She remarked that she and other area restauranteurs support public safety, but their main concern is with cross-contamination and the false sense of security. Ms. Koetting noted a business may apply for a variance from the no bare hand contact provision in certain situations; however, they have yet to find a city that has granted one. She brought up the issue of peel-and-eat shrimp and the fact that workers would have to use gloves, tissues, or tongs to peel the shrimp, or apply for a variance from the Director of Health. Ms. Koetting stated permits cannot be obtained in one day, and they are trying to avoid going through the paperwork.
    Melinda Himmelgarn, a Nutrition Specialist at the University, explained that she had served on the Food Safety Advisory Committee. She shared statistics on hand washing and the lack of it by the general public.
    Charles Sanders, 730 Idlewood, reported that for approximately 27 years, he has had the privilege to serve the citizens of Columbia. As part of his service, he helped guide and educate the restaurant industry on how to safely supply food to Columbia's residents and visitors. Mr. Sanders pointed out that he served on the Missouri Food Advisory Committee, which was the group that developed the model food code for the State of Missouri. He said the document before the Council tonight is essentially the same as the State Food Code. Mr. Sanders indicated when he worked on the state committee, the group heard the same arguments, both pro and con in relation to the no bare hand contact requirement. He explained that was the reason for adding the phrase "unless otherwise approved" to the item being discussed tonight. Mr. Sanders asked the Council to give the ordinance a fair chance as it is presently written.
    Doug Holt, 1404 Pickford Place, explained that he helped write the proposed ordinance and added that his colleagues in Food Science have been working on the Food Code since 1990. He thought that in theory, the ordinance should work.
    Richard Walz, Forum Smokehouse Restaurant, spoke against the no bare hand contact issue. He thought hand washing was the best way to prevent food borne contamination.
    Mr. Janku believed there was adequate information given in support of the ordinance. He would like to see the procedures for variances put in place. Mr. Janku noted the example of the shrimp as a modification that should be incorporated administratively. He said if that does not seem to be working, staff could bring back an amendment to deal with that issue.
    Mr. Coffman thanked everyone involved for their hard work on the subject. He spoke of his support for the legislation as it has been presented. He did not think the potential disadvantages would outweigh the increase in safety.
    Mr. John asked when the Code would go into effect after its adoption. Ms. Browning replied it would go into effect immediately. Staff would work as quickly as possible to disseminate the new Food Code booklet to area restaurants. Ms. Browning indicated the environmental health specialists will work with the facilities in order to help them understand the changes. Mr. John asked how long it would take to come up with written guidelines for obtaining variances. Ms. Browning replied she could have that ready within days. She noted variances will be granted to facilities that can identify a compelling reason for the difficulty in managing the use of tongs, gloves, tissue, etc. She said shelling shrimp is just one example. She gave a short order cook as another example.
    Mrs. Crockett spoke of her support for the no bare hand contact. However, she acknowledged that wearing gloves was not necessarily the answer.
    Ms. Crayton felt the restaurant industry needed to do a better job of policing themselves to ensure the public's safety.
    Mr. Campbell found it noteworthy that there are many other states and cities that have similar ordinances in place, and no one has mentioned that the no bare hand contact provision has been revoked in those areas. He thought that suggested the requirement must be working. Mr. Campbell indicated he was prepared to support the ordinance in its present form.
    Mr. John understood the concern about variances taking time and believed the concern was a legitimate one. He stated the Council has been given a clear indication from the Director of Health that variances would be available and the guidelines would be in place. If variances are not being granted after the regulations are in place and being enforced, Mr. John would like to hear about it.
    Mrs. Crockett also felt the variance was very important. She noted there are already 99 establishments in Columbia voluntarily using the no bare hand contact rule.
    B19-01 was given third reading with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Bill declared enacted, reading as follows:
 

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

B5-01       Calling a municipal election to elect a Mayor and Council Members for Wards 3 and 4.
B6-01       Vacating a portion of a water utility easement located on the Boone Retirement Center property.
B11-01     Accepting $10,000 from the Mineral Area College for hiring a graduate of the Missouri Police Corps
                 Academy; appropriating funds.
B15-01     Authorizing an agreement with Consolidated Public Water Supply District No. 1 to provide service to
                 Paradise Hills Estates Subdivision.
B16-01     Authorizing a fiber optic service agreement with the Board of Trustees of Boone County Hospital to
                 allow connection to the City's fiber optic cable system.
B17-01     Accepting grant of easement for electric utility purposes.
R8-01       Setting a public hearing: construction of sanitary sewers in Sewer District No. 155 (Marion and
                 Medavista Drive area).
R9-01       Setting a public hearing: construction of improvements at the landfill to implement a materials recovery
                 system for the recycling program.
R10-02     Setting a public hearing: construction of the Upper Hinkson Creek Outfall Relief Sewer Project.
R11-01     Amending emergency shelter grant contracts.
R12-01     Authorizing FY2001 certifications and assurances for FTA assistance programs.

    The bills were given third reading and the resolutions were read with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON (except B6-01 on which she abstained), JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Bills declared enacted and resolutions declared adopted, reading as follows:
 

NEW BUSINESS
R13-01     Approving the Articles of Incorporation of the City of Columbia New Century Fund, Inc.
    The resolution was read by the Clerk.
    Leigh Nutter explained that the Council had approved the general idea of the City developing a 501(c)(3) organization. She noted that this is the first step in that process. Ms. Nutter reported the Articles of Incorporation will be sent to the Secretary of State once signed by the appropriate individuals.
    Mr. John was hopeful that by establishing this organization it would encourage people to make donations to the City.
    The vote on R13-01 was recorded as follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: HINDMAN. Resolution declared adopted, reading as follows:
 

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

B20-01     Authorizing agreements with Ameren Energy Development Company for development of a gas turbine
                 project at the Bolstad Substation site.
B21-01     Accepting easements for water utility purposes.
B22-01     Vacation of a utility easement located on the west side of South Providence Road, north of Stewart
                 Road.
B23-01     Vacation of easements located within Boone Hospital Medical park; accepting an easement for electric
                 and water purposes.
B24-01     Vacation of a portion of street right-of-way located within Bolstad Subdivision.
B25-01     Approving the City of Columbia Fire Station No. 8 PUD Site Plan.
B26-01     Amending the Keene Street C-P Development Plan.
B27-01     Approving the Daniel Boone Little League C-P Development Plan; granting variances.
B28-01     Approving the final plat of the Daniel Boone Little League Subdivision; authorizing a performance
                 contract.
B29-01     Approving the final plat of Bolstad Subdivision; granting variances to the Subdivision Regulations.
B30-01     Approving the final plat of Water Tower Place Subdivision, Plat 2; granting variances to the Subdivision
                 Regulations.
B31-01     Amending Chapter 20 of the City Code as it relates to the Planning and Zoning Commission.
B32-01     Approving the "Metro 2020: A Planning Guide for Columbia's Future."
B33-01     Approving a right-of-use permit with Roger and Shirley Berg for the construction of a sewer line
                 through the Grindstone Nature Area.
B34-01     Amending Chapter 22 of the City Code to increase the monthly charge for solid waste residential
                 customers.
B35-01     Confirming the contract with C.L. Richardson Construction Company for reconstruction of the
                 intersection of St. Charles Road and Keene Street.
B36-01     Authorizing an agreement to purchase Stephens Lake property.
B37-01     Authorizing a contract for lease with option to purchase Stephens Lake property.
B38-01     Appropriating local parks sales tax revenue; adding three positions to the Parks & Recreation
                 Department.
B39-01     Authorizing the conveyance of a ½ interest in real property at the Walton Building site to the Chamber
                 of Commerce.
 

REPORTS AND PETITIONS
(A)     Con-Agg Agreement and Contribution.
    Mr. Beck explained that an agreement was approved in 1998 as part of a $5,000 settlement involving off-site transportation improvements in the Valley View Park area. Since that time, the residents in this neighborhood have been considering other types of projects in lieu of transportation improvements. Some of the suggestions include tree planting, landscaping, benches, etc. Mr. Beck reported that both staff and Con-Agg are agreeable to the use of the funds for those purposes.
    Mr. Janku made the motion that the staff be directed to prepare the necessary legislation authorizing the change. The motion was seconded by Mr. John and approved unanimously by voice vote.
 

(B)     Rollins Road Extension from Rothwell Heights to Colonial Gardens.
    Mr. Beck commented that this proposed extension has been on the City's Transportation Plan for some time, but for various reasons it has never been built. He indicated Mr. Patterson had prepared this report after meeting with the neighborhood. He stated the proposal calls for a different roadway cross section which will increase the cost of the project as well as cause additional demands for its future maintenance.
    Mr. Patterson reported that staff is attempting to make these kinds of projects more community and neighborhood acceptable. He said this plan is the product of over a year of meetings with neighborhood residents and affected parties. He said staff believes the meetings with the residents have been very productive and helpful in determining design parameters and identifying concerns. The result has been a road alignment that reflects more curvature and different grades than normal to establish a boulevard design with divided pavements. The project will also include a pedway on one side of the street and a sidewalk on the other. Mr. Patterson remarked staff is continuing to address concerns regarding traffic calming. By the time the public hearing is held, he thought the issues regarding transitions and traffic calming features will have been identified. Mr. Patterson indicated that this report has been sent to the interested parties in the neighborhood.
    Mr. Campbell commented the citizen involved in the planning of this project have worked very hard to arrive at this point and were open to considering different alternatives. He said staff is also to be commended for working so hard with the group. Mr. Campbell thanked both groups for their efforts.
    Mr. Campbell made the motion that staff be directed to move forward to schedule a public hearing on February 19, 2001. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
 

(C)     Health Facility Report.
    Mr. Beck spoke about the earlier discussion at the pre-Council meeting relating to the health facility situation. After substantial deliberation, the Health Committee (consisting of representatives from the City and County) is recommending the Nowell's tract on Worley Street to be a priority site. Mr. Beck stated that the consultant, Ms. Browning and himself believe the optimum location for the health facility to be in the downtown area. However, they also believe this particular site, because it is immediately available, would be large enough to accommodate both the City/County Health Department and the Family Health Center. Mr. Beck reported there was a tour of the site today, and there is reason to believe that prior to the next Council meeting, the City will need to make a decision as to whether or not to pursue negotiations for the purchase of the site. If the Council is supportive of pursuing the facility, a report or contract could be presented at the next meeting.
    Ms. Crayton made the motion that staff be directed to proceed with negotiations. The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.
 

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

FIREFIGHTER RETIREMENT BOARD
Harris, Richard E., 1121 Danforth, Ward 6 - term to expire 12/31/02

HEALTH INSURANCE APPEALS BOARD
Allen, Ronald D., 600 W. Covered Bridge Road, County - term to expire 2/16/04

BOARD OF MECHANICAL EXAMINERS
Boyd, Scott S., 102 Dayspring, Ward 4 - term to expire 6/17/03
 

COMMENTS OF COUNCIL, STAFF, AND PUBLIC
    Mr. Coffman commented that he participated in a subcommittee of the Dry 2000 effort, the Access to Alcohol Committee. He stated the group arrived at the general consensus that there is an increasing problem with the number of student sponsored parties, particularly on the weekends. He remarked that the size of the parties are now drawing from 200 to 400 people. Mr. Coffman stated there are problems with party goers wandering off into other yards and minor problems with broken bottles. He said these activities have become a major concern for the neighborhood. He noted the MU and City Police Departments, as well as other enforcement individuals have confirmed this information. Mr. Coffman asked staff to look into possible ways to address the problem before it gets worse. He suggested perhaps the Police Department and Prosecutor's Office could work together on possible solutions.
    Mr. John understood that new construction sites are supposed to be kept clean and free of litter. Because of all of the new construction in his ward, he has been receiving complaints about litter blowing off of the lots. Mr. John asked that Protective Inspection staff work with the builders to ensure litter is not blowing off lots under construction.
    Mr. John asked about the possibility of getting a rough total on the number of beverage containers (plastic, glass and cans) sold in the City of Columbia per year. He indicated that this number is to not just include deposit items because there are a lot of beverages that are sold in similar containers, but do not have to be returned for deposit.
    Mrs. Crockett commented that she had noticed several street lights out on Broadway and asked that the staff look into it. Mr. Campbell noted some in his neighborhood as well.
    Mr. Janku remarked about an invitation the Council received pertaining to the Volunteer Recognition Ceremony to be held at the Armory on Tuesday, February 13th. He wondered if that might be an opportune time to dedicate this newly remodeled facility.
    Mr. Janku explained that a property developer in the Valley View area has approached the City about working together on a park. He believed this individual has been working with the Parks staff in developing a site plan.
    Mr. Janku made the motion that staff be directed to continue working with the developer and that it be done in a timely manner. The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.
    Mr. Janku stated that he received a report from Mr. Patterson pertaining to the delay on the Sunflower project. He asked if the problem with utility relocation could be addressed by a narrower street. Mr. Patterson said it could not. He indicated staff has been in contact with the utility and he thought an agreement had been worked out whereby the City could proceed with the relocation. He noted staff plans to set a bid date for the project next week.
    Mrs. Crayton noted two newly built CDC homes in her neighborhood and the fact that they are still vacant. She thought perhaps the homes had been priced too high. Ms. Crayton remarked that she would prefer that funds of that type be used wisely. Mr. John noted that the homes are on the market for the cost of construction. He said there is also a 20 or 25% forgivable loan available to a qualified buyer.
    Mr. Campbell mentioned an e-mail he received with an idea regarding the can ordinance. The suggestion involved repealing the existing ordinance and creating a two cent permanent assessment to be used to promote recycling education for youth groups. He explained the assessment would target all types of beverage containers. Mr. Campbell believed there may be a way of reaching some of the same goals the City is currently trying to achieve by implementing such a program on a continuing basis. He indicated that he would forward the e-mail message to staff.
    Urban Wussler, Bluff Boulevard, spoke about his program relating to the history of the deposit ordinance. He offered to answer any questions after the meeting.
    The meeting adjourned at 9:55 p.m.

                                                                                                Respectfully submitted,

                                                                                                Penny St. Romaine
                                                                                                City Clerk