APRIL 6, 1998

    The City Council of the City of Columbia, Missouri, met for a regular meeting at 7:00 p.m., on Monday, April 6, 1998, in the Council Chamber of the City of Columbia, Missouri.  The roll was taken with the following results:  Council Members CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, and CROCKETT were present.  The City Manager, City Counselor, City Clerk, and various Department Heads were also present.

    The minutes of the regular meeting of March 16, 1998, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mrs. Crockett.

    Upon her request, Mr. Campbell made the motion that Mrs. Crockett be allowed to abstain from voting on B84-98.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    The agenda, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mr. Janku.

A.     Presentation of Annual Audit Report.

    Jack Cox, Chairman of the Finance Advisory Committee, gave a report on the year end audit as of September 30, 1997.  He said the Committee met with Ernst and Young, the City's audit firm, on April 2nd, 1998, to review the audit findings.  He said the audit had been clean, and was given a good opinion.  Mr. Cox said the audit of all of the government grants and revenues had also been reviewed and found to be clean.  He reported the management letter and the staff's response had been reviewed and discussed in detail, and no significant internal control weaknesses were noted.  Mr. Cox stated the City has received 15 consecutive certificates of achievement from the Government Finance Officers Association for their presentation of the Comprehensive Annual Financial Report (CAFR).  Mr. Cox presented the report to the Clerk and offered to answer any questions.
    Mayor Hindman thanked the Committee for their work and support.
    Ms. Coble made a motion for the Council to accept the audit report.  The motion was seconded by Mr. Coffman and approved unanimously by voice vote.


B83-98     Establishing permanent R-1 zoning on property located on the south side of Thompson Road, east of
                 Garden City.

    The bill was given second reading by the Clerk.
    Mr. Beck reported that this is a 19 acre tract of land located in northeast Columbia.  Both the staff and the Planning and Zoning Commission were in favor of the R-1 request.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B83-98 was given third reading with the vote recorded as follows;  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B84-98     Establishing permanent A-1 zoning on property located on the southwest corner of Vawter School Road
                 and Old Mill Creek Road.

    The bill was given second reading by the Clerk.
    Mr. Beck said this 20 acre tract of land contains one dwelling unit on the property.  He explained that the applicant has requested annexation in order to connect to the City sewer.  Mr. Beck reported this A-1 rezoning request had been recommended for approval by both the staff and the Planning and Zoning Commission.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B84-98 was given third reading with the vote recorded as follows:  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  ABSTAINING:  CROCKETT.  Bill declared enacted, reading as follows:

B85-98     Establishing a "Scenic Roadway Area" on a portion of Rock Quarry Road.

    The bill was given second reading by the Clerk.
    Mr. Beck reported the Council had adopted guidelines for potential scenic roadways in Columbia after much public discussion.  This bill provides for the protection of a scenic roadway area on land 220 feet on either side of Rock Quarry Road, extending 450 feet south of Stadium to the south City limits.
    Mayor Hindman opened the public hearing.
    Jan Pritchard, 3505 Rock Quarry Road, Chair of the Scenic Road Committee for the Grindstone/Rock Quarry Neighborhood Association, thanked everyone for all of their hard work.  She said this had been one of the main goals of the neighborhood association since its inception in 1992 -- to establish some type of protection for the Rock Quarry Road corridor.
    Mayor Hindman closed the public hearing.
    Mr. Coffman said many people had expressed their appreciation of the scenic nature of Rock Quarry Road.  He thanked the neighborhood association for their perseverance.
    Mr. Kruse said he was pleased to see this issue come to fruition.  He thought the ordinance would set a good precedent and serve the City well.  He was appreciative of all of the hard work on the part of the neighborhood and others on the various groups and commissions.
    Mayor Hindman felt this is a good example of a local governmental body at work, and the end result is positive because of so much citizen participation.
    B85-98 was given third reading with the vote recorded as follows:  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B86-98     Accepting and approving the sidewalk construction project on Katy Lane and Blue Ridge Road;
                 approving engineer's final report; levying and assessing special assessments.

    The bill was given second reading by the Clerk.
    Mr. Beck asked Mr. Patterson to give a brief review of the final report and the benefits to the areas to be assessed.
    Mr. Patterson reported the sidewalks in question are those that the City proceeded to build by public improvement contracting, and were originally the development's responsibility.  One segment of sidewalk was built along two vacant lots located on the north side of Blue Ridge Road (near Bear Creek).  As one of the lots is owned by the City (donated as part of the greenbelt project), the City would be paying that particular tax bill.  Another segment of sidewalk was built on the west side of Bear Creek.  The total cost of construction for the two projects was $6,984.  Mr. Patterson noted that the City had also built a pedestrian walkway over Bear Creek, along the vehicular bridge, which would also be paid for by the City as part of the sidewalk improvement program.  Mr. Patterson stated the assessment on Blue Ridge Road is $3.88 per square foot, and staff proposes the City assess the full cost of the project against the adjacent properties.
    The sidewalk segment on Katy Lane consisted of three properties that did not have walks constructed.  The City will be pay the tax bill on one of the properties, located on the south side of Katy Lane, as the lot is owned by the City.  The two lots on the north side of Katy Lane are being assessed at a cost of $3.62 per square foot, with the total cost for all three properties being $12,027.26.
    In considering the special assessments, Mr. Patterson suggested that the Council keep in mind the following:  The sidewalks were a responsibility of the adjacent property owners as part of the platting and development requirements, and they failed to meet those requirements; sidewalks are generally an improvement to the appearance of the property and, therefore, an improvement to the value of the property; sidewalks will provide an improved and safer pedestrian access, both from and to the properties along which they have been constructed.
    Regarding the lot on the east side of Bear Creek, Mr. Janku said it had been donated to the City so the owner could avoid having to pay the cost of the sidewalk improvement.  He said at one point, staff spoke to the property owner on the west side, and Mr. Janku asked if staff would try to talk to him again now that the actual cost of the project is known.  Mr. Janku wondered if it might be appropriate to negotiate for portions of the lots near the creek as the lots are not built upon at this time.
    Mr. Patterson said he knew of no directive to pursue the lots.  He said staff could do so if that is the wish of the Council.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B86-98 was given third reading with the vote recorded as follows:  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B93-98     Authorizing construction of playground renovations at various City parks and determining the work shall
                 be done by City forces.

    The bill was given second reading by the Clerk.
    Because of new safety standard requirements for playground equipment, Mr. Beck had established a three year program for replacement of substandard equipment.  Mr. Beck stated $60,000 had been budgeted this year for that purpose, with the Parks and Recreation Department providing some force account labor.  Mr. Beck asked Mr. Hood to give a brief overview of the work planned for this summer.
    Mr. Hood noted that this is the final phase of a three phase project to replace some City playground equipment in order to comply with current national recommended safety guidelines.  He explained that this project would include the replacement of equipment in seven different parks throughout the City, most of which is smaller pieces of equipment.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B93-98 was given third reading with the vote recorded as follows:  VOTING YES: CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

(A)     Improvements to the intersections of Eighth and Walnut, Broadway and Sixth, Broadway and Hitt, and
          Broadway and Waugh.

    The bill was given second reading by the Clerk.
    Mr. Beck reported that an improvement plan had been implemented some years ago in the Central Business District area, which included planting trees, constructing new crosswalks and sidewalks, undergrounding utilities, etc.  Mr. Beck explained that several years ago a ballot issue had been approved for additional improvements for both pedestrian and vehicular traffic in the Central Business District area.  He also noted that the Council added a line item in the Capital Improvement budget for additional planters in the Sixth Street area.  As a result, the Public Works Department developed plans to combine these improvements into one major project in the Central Business District area.
    Mr. Beck reported additional planters would help beautify the downtown area, and would also reduce the walking distance for pedestrians crossing Broadway.  The work at Walnut Street would align the crosswalk, which is necessary because of the two parking garages opening onto Hitt Street.  The Council had also asked the staff to consider a pedestrian crosswalk further east at Waugh Street.  Mr. Beck said this is included in the plans but it would be painted walk rather than brick.  Mr. Beck asked Mr. Patterson to describe the projects.
    Mr. Patterson said he had attended a recent meeting with the Special Business District, and the businesses located in the vicinity of the Hitt Street and Broadway improvement raised some issues in regard to this project.  Mr. Patterson reported the first issue concerned converting one of the parking spaces on the southwest corner of the intersection into a handicapped space.  Mr. Patterson stated other than the fact that there is no policy in place regarding angled handicap parking spaces on Broadway, the space is really not large enough to provide for adequate loading and unloading of handicapped individuals.
    Mr. Patterson stated a second issue discussed involved the area where staff proposed to extend the sidewalk.  He said there was some concern about the loss of two parking spaces.  It was suggested at the meeting that the area be left as is and be made into a loading zone.  Mr. Patterson said staff examined this possibility, and there was not sufficient length to assure the area could be adequately used as a loading zone.  In addition, Mr. Patterson said it is not recommended that the City try to encourage any activity involving loading, unloading, or parking in this intersection.  He said staff would continue to support the original recommendation that the sidewalk be extended, which would shorten the distance in crossing the street at this location.
    Mr. Patterson reported the third item concerned constructing an additional crosswalk on the west side of the intersection -- crossing Broadway.  He said staff had looked at that previously and found that, physically, there is no reason it could not be done, but an additional parking space would be lost and it would add $15,000 to the cost of the project.  Staff recommended that this crosswalk not be built because of the planter proposed to be located in the median.  It was felt this would provide a pedestrian island.
    Mr. Patterson stated the final issue discussed concerned the median itself.  For the last year, staff had supported utilizing a raised median as a traffic control device, which would also beautify the area and could be used as a pedestrian island.  Some individuals are concerned that a median would lead to accidents and obstructions that might be hazardous.  Staff had again reviewed the reasoning for constructing medians and have observed, since painting the merge lanes on Broadway, that simply painting to direct traffic does not work.  Mr. Patterson said staff felt it is more effective to have something that is visible and solid to divert traffic.  In regards to the Hitt and Broadway project, a median would be used for the purpose of forcing westbound traffic traveling in the left lane to make a left turn rather than try to merge in the intersection.  He said it has been proven that a physical obstruction is more effective than simply painting merge lanes or signing.
    Mr. Patterson reported the total cost for improvements is $306,000, and staff felt that the project has progressed to the point where the City can proceed.
    Mr. Kruse asked about the size of the median planter.  Mr. Patterson said it would be about six feet by twenty feet, with a six inch curb.  He said the planting material would have to be low so traffic would not be obstructed.
    Mayor Hindman asked what would happen if the median were to be moved a few feet further east.  Mr. Patterson said the current location for the median had been established to provide for the turning radius.  Mayor Hindman asked if that is determined by some kind of standard.  Mr. Patterson said it is determined by the turning radius for vehicles, which also accounts for emergency equipment and delivery trucks.
    Mr. Janku said he received a call requesting that the crossing at the Broadway and Hitt intersection be constructed to the west.  He said his experience had been that cars traveling on Hitt Street making a right turn east on Broadway encounter pedestrians trying to cross at this location, which creates unsafe crossing conditions.  In addition, having a pedestrian crosswalk established on the west side of Hitt would be consistent with Mr. Beck's previous comments regarding the new parking garages.  Mr. Janku said due to those reasons, it appeared to him that the primary crossing point ought to be to the west, and then perhaps a secondary crossing could be on the east side.
    Mr. Patterson said Mr. Janku comments were correct, however, staff is making every attempt to prevent the loss of any more parking spaces.  He said the end space is crowded as it is, and it would have to be moved back a few feet if a crosswalk is constructed at this location (to allow for alignment with the intersection), which would result in the loss of that parking space.  In addition, it would increase the cost of this particular improvement by about $15,000.
    Mr. Janku asked if the planter could be made a bit smaller to accommodate the crosswalk.  He said the planter would still serve a good purpose and the parking space could be saved.
    Mr. Patterson said this would change the standards for downtown planters, but if the Council felt that would be acceptable, staff could do it.  He pointed out that it would not match with the planter on the other side of the intersection.  Mr. Patterson reported this particular planter could also just be eliminated.
    Mayor Hindman thought the planters do not all have to be absolutely identical.  Mr. Janku agreed.  Sounds of disagreement followed.  Mr. Kruse said the City needed to establish some balance.
    Mr. Janku felt a modification to the planter would be relatively modest.  Mr. Kruse did not see why the planter would have to be modified.
    Mr. Campbell agreed that the pedestrian crosswalk would be most appropriate on the west side of the intersection, but he would also like to see symmetry retained.  In addition, relocating the crosswalk would result in the loss of a much needed parking space.  Mr. Campbell said an alternative to consider would be to eliminate the east planter.
    Mayor Hindman thought both planters could be different from the rest, but the same as each other.
    Mr. Kruse thought the Council should pass this project as is, with the understanding that the previous suggestions are a wish of the Council.  He did not think the Council should be designing the project, and felt the crosswalk could be built with little change.
    Mayor Hindman opened the public hearing.
    Bob Roper, Chair of the Special Business District, said he had no problem with any of the suggestions, but wanted to point out that the single biggest concern relayed to the SBD relates to lost parking spaces.  At the SBD meeting in March, everyone made favorable comments about all of the intersection changes being proposed.
    Glen Rice, 114 Hubbel, spoke in favor of the Waugh Street pedestrian crossing section of the project.  He referred to the possible increase in pedestrian traffic due to the proposed high school and the relocation of Boone County Group Homes.  Mr. Rice noted that the Waugh Street project was relatively inexpensive compared to the others.
    Mayor Hindman closed the public hearing.
    Mayor Hindman made the motion that the Council approve the improvements with direction to the staff to look carefully at what could be done at the Hitt and Broadway intersection with respect to a west crossing, including the possibility of designing the planters in an appropriate way to handle the situation with minimum impact on the loss of parking spaces.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

B79-98     Approving the final plat of Thessalia Subdivision, Plat 3, a major subdivision.

    The bill was given second reading by the Clerk.
    Mr. Beck explained that this plat would create eight R-1 lots.  He stated that JCIC had raised questions about a street name.
    Mrs. Crockett noted that the Council had recently approved several plats despite the concerns voiced by JCIC.  She suggested that the Council begin taking a serious look at such situations.
    Mr. Coffman agreed and said the suggestions have an important public safety purpose behind it.
    Mr. Janku said problems could also be created by apartment complexes or businesses having the same name as a street or development.  He pointed out that cellular phone calls cannot be tracked to a specific location like a wire phone.  Mr. Janku thought it would be helpful to obtain more information regarding how many similar street names there are and where they are located.
    Mrs. Crockett asked if it was possible for JCIC to come up with a list of names that would be acceptable.
    Mr. Hancock explained that per the code, names of new streets cannot duplicate or sound like existing or platted street names in Boone County, unless it is a continuation of a street.  In addition, names of new streets shall not duplicate or sound like any established business or development in Boone County, and the name has to be easily spelled and pronounced.  Mr. Hancock reported the street name in question on this particular plat, Geetha, is easily spelled and pronounced as far as the Planning Department is concerned.  He said the question concerning street names comes up quite often and it has become an issue with the development community.  Mr. Hancock suggested that perhaps the Planning staff and the JCIC staff should meet to identify concerns to eliminate the continuance of this particular issue.
    Mrs. Crockett said she did not the Council should ignore this issue.  She said she would hate to see someone's safety compromised because the name of a street could not be pronounced
    Mr. Campbell noted that this situation also applies to the next bill.  The contractor of that property had been in contact with him and said he would be more than willing to work out whatever name JCIC would approve.  Mr. Campbell thought the process of how those negotiations are finalized needs to be worked on before coming to the Council.
    B79-98 was given third reading with the vote recorded as follows:  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B81-98     Approving Final Plat of Stoneridge Estates, Plat 1, a major subdivision.

    The bill was given second reading by the Clerk.
    Mr. Beck pointed out that this plat would create 57 R-1 lots with common area.  He said it meets the preliminary plat requirements, however, there had been a question raised about the street named Stone Valley Parkway.
    Mr. Campbell said he would make a motion at the appropriate time establishing a provision that the name be replaced by something acceptable to JCIC.  The developer has relayed to Mr. Campbell that he is comfortable with this provision.
    Mayor Hindman thought the Council should approve the plat without that condition.  He suggested that the developer be asked to consider changing the name as this is not the appropriate time in the approval process to be placing that kind of condition on the plat.
    B81-98 was given third reading with the vote recorded as follows:  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:
    Mr. Campbell made the motion that the developer be requested to replace the name of Stone Valley Parkway with a name acceptable to JCIC.  The motion was seconded by Mr. Janku and approved by voice vote.

B87-98     Calling for bids for the reconstruction and rehabilitation of the parking structure at Eighth and Cherry

    The bill was given second reading by the Clerk.
    Mr. Beck noted that a public hearing had been previously held on this project, and construction would begin after the completion of the Sixth and Cherry Street facility.  This garage would accommodate 193 parking spaces.
    B87-98 was given third reading with the vote recorded as follows;  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B88-98     Authorizing change order no. 1 to the contract with Paric Corporation for the Sixth and Cherry Parking

    The bill was given second reading by the Clerk.
    Mr. Beck noted that this change order is necessary due to a change in conditions at the site.  He said the change order had been approved by the consultant, as well as by the Public Works Department, and approval is being recommended.
    B88-98 was given third reading with the vote recorded as follows:  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B89-98     Authorizing an agreement with Boone County to relocate highway-rail crossing at Spiva Road;
                 appropriating funds.

    The bill was given second reading by the Clerk.
    Mr. Beck noted that the Water and Light Department has been working with the County Highway Department to attempt to relocate three roads to establish a better alignment in the area.  The estimated cost is not to exceed $25,000.  The City would be paying these costs up front, and would be reimbursed at a later date by the County.
    Mr. Malon said the actual work on the alignment would occur this summer, and would probably cost less than $25,000.
    B89-98 was given third reading with the vote recorded as follows:  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B91-98     Appropriating funds for repair of generator #8 at power plant.

    The bill was given second reading by the Clerk.
    Mr. Malon explained that a failure in generator #8 had occurred during bad weather.  He said staff is not sure if the bad weather started the problem, but the equipment that failed is in excess of 30 years old.  Mr. Malon reported the generator had been disassembled and the rotor had been taken back to the factory for repair.
    Mr. Malon stated a great deal of the repair cost would be covered by insurance, although there is a $70,000 deductible that the City will have to cover.  In addition, some upgrades to the rotor field is also proposed, which will add to the cost the City will have to pay.  The bottom line is approximately $313,500 of the repairs costs will be covered by insurance, and the City's cost will approach $200,000.  Mr. Malon reported that this generator had not been rehabilitated in the mid-80's when the other units had been worked on as it had not been old enough to warrant doing so.
    B91-98 was given third reading with the vote recorded as follows:  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

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

B80-98     Approving a replat of lot 87 of Country Club Villas III.
B82-98     Approving final plat of Central Company Subdivision, a minor subdivision.
B90-98     Accepting a conveyance of permanent utility easement from State of Missouri.
B92-98     Accepting conveyances from Cal-Grath, Inc., Lifestyle Homes, Fred and Cheryl Overton, and John A.
                 Swartz for utility purposes.
R75-98     Setting a public hearing: voluntary annexation of property owned by University of MO located on both
                 sides of New Haven Road, east of city limits.
R76-98     Setting a public hearing: voluntary annexation of property owned by University of MO located on both
                 sides of Sinclair Road, south and west of city limits.
R77-98     Setting a public hearing: voluntary annexation of property owned by University of MO located south of
                 Concorde Office and Industrial Plaza subdivision, south of city limits.
R78-98     Setting a public hearing: special assessments against property benefitted by improvements to Silvey
R79-98     Authorizing an agreement with Rainbow House, Inc. for $30,035 of CDBG funds for the purchase of a
R80-98     Authorizing lease with Stanley Ginn for property at 9 North Eighth Street.
R81-98     Authorizing a grant request and grant offer for FAA project at Columbia Regional airport.

    The bills were given third reading and the resolutions read with the vote recorded as follows:  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.   VOTING NO:  NO ONE.  Bills declared enacted and resolutions declared adopted, reading as follows:

R82-98     Forgiving CDBG loans and authorizing Deeds of Release on properties located at 1002, 1006, 1010 Fay
                 Street and 307 N. Tenth Street.

    The resolution was read by the Clerk.
    Mr. Beck explained that the City had made a loan to THA, the Transitional Housing Agency.  THA had recently sold the operation to New Horizons Community Support Services out of Jefferson City.  Recently, Mr. Hancock received a request from THA to resolve the outstanding loan by paying the City $15,000, with a request that the City forgive the remaining $60,500 debt.    Mr. Hancock said staff received a letter from Mr. Powell, THA's attorney, which formalizes the offer in writing.  It was his understanding that New Horizons does not want the debt to continue as this organization would not be able to operate if the debt remains in place.  Mr. Hancock reported New Horizons needs to make some improvements to the property in order to make a profit, and cannot borrow money for these repairs due to outstanding debts to the City and private lenders.
    Ms. Coble asked if THA exists now in its properties and its grants as New Horizons and, as such, the City would not be forgiving a THA debt, but would actually be forgiving a debt to the legal entity of New Horizons.  Mr. Hancock understood it would be a forgiveness of debt against properties that are owned now by New Horizons.  Ms. Coble said even the resolution wording of forgiving loans to THA may not actually reflect what New Horizons is asking for.  Ms. Coble explained she has a lot of concerns about continuing existing services, which does not preclude any of those existing services.  She also has concerns about CDBG loans being forgiven when the City is not assured that the properties would not be sold.
    Scott Rutter, explained that he had served on the Board of Directors of THA Community Support Services for the last 15 years.  To clarify the legal entity, he reported that THA still exists and owns the real estate in question.  He said THA has a management agreement with New Horizons to provide services, pending finalization of the sale of all assets (essentially the real estate).
    Mr. Campbell asked if New Horizons would assume all of the services previously provided by THA.  Mr. Rutter said that was the agreement, and New Horizons is currently operating all of those facilities.  He said when the services were turned over to New Horizons, THA was serving 105-110 clients.  New Horizons is now serving 150 clients in Columbia.  If the properties are sold and there is a profit after paying the first mortgages, Mr. Campbell asked what would happen to that money.  Mr. Rutter said there were negative equities in the properties, and a significant portion of it was represented by the CDBG block grant loans.  He said CDBG funds were used to maintain the older properties for the purpose of providing services.  He said the bank loans put in place to purchase and rehabilitate the properties exhausted most of the equity, and these monies were utilized to update and upgrade the facilities.  Mr. Rutter said he had hoped to bring current appraisal values on the properties, but he did not have those figures available.
    When and if the properties are sold, Mr. Janku asked if the income from the sale would be returned to Columbia for services to be used in this community.  Mr. Rutter was not aware that any of the properties were for sale.
    Ms. Coble understood Alpha House was up for sale.  Mr. Rutter said he could not speak to what New Horizons was going to do with any the properties.  Mr. Rutter did say that THA was at the point where they have tried to honor all of the contracts and agreements with the service providers.  Mr. Rutter said New Horizons has done as they indicated they would do for over a year now.  He thought the clients have been very well-served.
    Mr. Campbell asked how the $15,000 figure had been arrived at.  Mr. Rutter said that was the remaining funding available.  However, this did not include a small reserve set aside to handle any remaining claims that may come up prior to the dissolution of the corporation.
    Mayor Hindman assumed Mr. Rutter was saying the City could not do better than this if an aggressive effort was undertaken.  Mr. Rutter said he was afraid it would be a lot worse.  He did not think a provider, who has basically rescued the operation from failure, would have taken on the $75,000 debt if they knew about it.
    Ms. Coble said she would strongly dispute that New Horizons, with its very sophisticated administrators, with very complex contracts in existence and its very good relationships with the Missouri Department of Mental Health, would enter into anything this complex without know what they were getting in to.
    Mr. Rutter said New Horizons' operation did not include any housing and urban development funds or grants.  He said THA was operating two separate programs with two different loans.  That is one of the reasons THA could not stay open -- the funding become so complex.  He said New Horizons accepts no United Way funds and, to his knowledge, they accept no funds or enter into any kind of contracts with Jefferson City.
    Ms. Coble said that brought up another problem, THA provided services to all who were in need -- not just clients eligible for Medicaid.  This allowed for a wider client base in terms of the services offered.  Ms. Coble said her concern was that in the forgiveness of the loan, when the City does not have a clear policy in place, assets would be transferred to another entity that does not have a board with membership from this community.  In addition, the City would not have any ability to influence the level and type of services provided.
    Mr. Rutter said THA spoke to each one of the other service providers that could even get close to that level of knowledge about the complexities in dealing with the same population.  He agreed there is a problem when services are only provided to those who are eligible for Medicare and Medicaid.  Mr. Rutter reported the THA board discussed it over and over again -- individuals who do not fit through that perfectly round hole should be able to receive services.  He stated New Horizons was the only organization that indicated they would stay open and show "something left over after expenses" -- something THA had not been doing.  With that in mind, New Horizons had to be knowledgeable of establishing some rate of return for the services provided.  Mr. Rutter said at the same time, New Horizons is trying to offer services that no one will pay for, i.e., job opportunities.
    Ms. Coble found it difficult to believe that New Horizons came in not knowing THA's debt situation.  Mr. Rutter said it was not because New Horizons did not know, but rather they were not aware of the complexity of the situation.  He said New Horizons was willing to accept all of the operational problems that had accumulated.
    There was some discussion as to whether or not this issue needed to be decided this evening, and Mr. Rutter said the bank might be getting a little impatient, but approval could wait a little longer.
    Jan Hoiman, Program Director at New Horizons, said the number of people being served by this organization has increased since they took over about a year ago.  She said that 75% of the clients New Horizons serves in Jefferson City are Medicaid recipients, and the Department of Mental Health provides payment for the other 25%.  She stated, however, New Horizons does not turn away anyone based on their ability to pay.  She said that would be a violation of program regulations established by the Department of Mental Health.  Ms. Hoiman pointed out that New Horizons in Jefferson City has been in business for over 20 years, and have been aggressive at working with clients who do not receive Medicaid or social security disability income.  This would continue in Columbia as well.  Currently, she believed 65% of New Horizons' clientele, probably 75% of which are carry overs from THA, are eligible for Medicaid.  She also noted that no decision has been made regarding the operations of Alpha House.  It is empty right now as it is being remodeled and painted.  Ms. Hoiman said New Horizons is hoping to do something with it.
    Ms. Coble asked if Alpha House would still provide transitional boarding.  Ms. Hoiman said her guess was that if New Horizons maintains the property, it would certainly be used for people with mental illnesses -- not for rental.  She said New Horizons is not in the rental business, they are in the business of helping people with serious mental illnesses.  Ms. Coble asked if it would be a different type of program from what it is now.  Ms. Hoiman did not think so.
    Mr. Coffman asked if there had been any policy decision about whether the function the Alpha House served was necessary or beneficial.  Ms. Hoiman said no policy decision has been made, but there had been discussions about it.  With Alpha House empty and with an increase in their client population of 40 to 45 people, New Horizons has been finding housing for individuals in Columbia.  She said they have not turned anyone away.  Mr. Coffman asked if they were feeling overcrowded.  Ms. Hoiman said they did not.  She said this had been accomplished by working with the Housing Authority to access some other housing programs.
    Mr. Janku felt there were other underlying policy questions that are driving a lot of the discussion.  He said if the debt issue is to be resolved, the other issues need to be considered as well.
    Mr. Campbell made the motion that R82-98 be tabled to the April 20, 1998, meeting.  The motion was seconded by Mr. Kruse and approved unanimously by voice vote.

R83-98     Authorizing an agreement with Boone County to provide public health services.

    The resolution was read by the Clerk.
    Mr. Beck explained that this is a continuation of the agreement the City has had since 1974.
    The vote on R83-98 was recorded as follows:  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R84-98     Accepting Phase I final report on distributed generation and authorizing Phase II.

    The resolution was read by the Clerk.
    Mr. Malon explained that this is a new service the utility would be offering to the City's large industrial customers who are interested in participation.
    Mr. Malon reported the first step would be for staff to initially confer with one customer who is interested in this type of service.  Staff proposes a lease arrangement; probably on a seven year basis with some sort of a clause that would involve the vendor doing the installation, major maintenance and inspections.  There would be contingencies in place establishing that if the industry moved, the lease could be canceled and equipment returned to the vendor.  Mr. Malon said after pricing is known, staff would seek final approval by both the customer and the Council.  He explained that if the program appears to be feasible, the service could be offered to all of the City's large industrial customers.
    Mr. Campbell asked how long it would take to evaluate the process.  Mr. Malon anticipated it would be this fall before any report could be made to the council.
    Mr. Janku asked if it was fair to say that there would be some sort of competition coming to the electrical industry in Columbia, and the City is trying to get ahead of the game by setting these programs up.  Mr. Malon said these are the kinds of services that are being considered and offered around the country, and staff is attempting to determine if it is possible for the City to do so as well.
    Mr. Coffman commended the Water and Light Department for their efforts in planning for the future.
    The vote on R84-98 was recorded as follows;  VOTING YES: CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

R85-98     Authorizing a settlement agreement with Con-Agg, L.L.C.

    The resolution was read by the Clerk.
    Mr. Beck noted that there has been a lot of discussion about this lawsuit wherein the Circuit Court overruled the Board of Adjustment's decision.  He said it was now before the Court of Appeals, and a decision needed to be made about whether or not the City should pursue the case any further.  Mr. Beck reported Mr. Janku had been meeting with the residents of the neighborhood regarding the settlement.
    Mr. Beck explained that an agreement has been proposed that would provide for Con-Agg to eliminate one of the four concrete plants located on the Stadium Boulevard property (no more than three concrete plants would operate on the property), Con-Agg would contribute $5,000 to the City for transportation improvements in the Valley View area, and the City would dismiss the lawsuit on appeal.  Regarding the $5,000 contribution, Mr. Beck said his understanding was that this is the amount of money the company would probably have spent to continue the appeal.  Mr. Beck felt it would be fair and reasonable that the money go toward specific concerns regarding transportation in the Route E area, particularly as it relates to ingress and egress.  Mr. Beck said the question before the Council is whether or not this settlement agreement should be finalized.
    Gary Dunkerly, President of the Valley View Neighborhood Association, thought the City was reaching an agreement with a company concerning an ordinance that was put in place to protect neighborhoods.  This is protection in terms of an industry not being able to pollute neighborhoods, or not being allowed to increase in such size that the truck traffic is a real problem.  Mr. Dunkerly said residents are concerned about air pollution from particulate matter originating from the trucks leaving the quarry, as well as from allowing an older plant to remain in production.  He did not see that anyone has determined what the EPA standards are for air pollution, nor did he see any monitoring being done by a third party.  Mr. Dunkerly thought the environment in their neighborhood was worth more than $5,000.
    Mr. Campbell asked Mr. Dunkerly which he felt was more important -- the improvements in transportation or the improvements in the particulate matter.  Mr. Dunkerly said one could see what the traffic problem is, but no one has quantitated what the particle problem is.  He said residents knew it was there because they could see it on their cars.  He said it may be well below the safety level, but that is not known for a fact.  Mr. Dunkerly did not want the plant shut down, but he also did not want the atmosphere destroyed in his neighborhood.
    Larry Moore, CEO of Con-Agg, explained that the new plant has the latest technology as far as dust control is concerned -- that is why it had been installed.  He noted that all of the rock and sand entering into the new plant is routed through an underground tunnel system.  He explained how it works and noted that no dust is created in the material handling.  Mr. Moore pointed out that this is a wet batch plant, which means the concrete actually comes out of the plant and into the truck wet so no particulate matter escapes.  In addition to these procedures, there are numerous dust control practices in place throughout the quarry and the ready mix plant.  He distributed pictures showing no dust being created while the trucks are batching.  Mr. Moore said there are also watering systems on all of the quarry roads to control dust.  These roads are watered on a continuous basis, and there is also water control systems on all of the crushing equipment to ensure no significant dust particles are emitted.  Mr. Moore explained the requirements established by the EPA, and said Con-Agg has to pay experts to evaluate the equipment for excessive dust emissions.  Mr. Moore stated Con-Agg has voluntarily placed a monitoring device between the quarry's location and Valley View, which collects dust out of the air with a vacuum system.  He explained Shell Engineering is paid thousands of dollars a year to run this dust monitoring equipment.  In addition, it has been found that the plant is not even coming close to creating emissions that are a problem.  Con-Agg is one of the leaders in the state taking aggressive action regarding dust control measures and monitoring.
    In reference to the trucks creating dangerous conditions, Mr. Moore reported that Con-Agg hires professional drivers and spends a lot of money, as well as time, training these individuals.  He said the quarry's traffic record is outstanding, and it has been over three years since a "fender bender" was caused by one of their trucks.  Mr. Moore explained Con-Agg's good driving incentive program.
    Mr. Janku asked if the plant that will be removed from service is actually not a part of the operations now, and has not been used in recent years.  He wondered how shutting down that plant will benefit the neighborhood.  Mr. Moore said none of the plants were causing problems, so he guessed there was no benefit to shutting any of them down.  He said the plant that would be taken out of service is an older one that has minimum dust control measures in place, and will be replaced by the new plant that provides maximum dust control.  As Mr. Moore understood the settlement, what Con-Agg would be agreeing to is that only three concrete plants would be in operation on this property.
    Mr. Janku asked about the potential for the plant in question being brought back into operation at some point.  Mr. Moore said it is leased to Central Concrete and has been in place for years (closure has been negotiated).  Mr. Janku asked if it could ever be anticipated that this plant would be brought back as part of Con-Agg's operation.  Mr. Moore said the plant would be closed and would not be reopened.
    Mr. Coffman saw nothing in the agreement indicating Con-Agg would continue to operate the type of dust-free facility that currently exists.  Mr. Moore said the basic assurances are the controls that DNR and the EPA are placing on all of the equipment.
    Gene Laemli, 1613 Garden Drive, said he was much more concerned about the traffic aspect than he was about the legitimate business in question.  Regarding dust, he said residents have far more dust on their cars from four houses being built across the street than they ever have had from the concrete plant.  Mr. Laemli was in support of the $5,000 going to the City to be used toward traffic problems in the area.
    Mrs. Crockett asked if a traffic study had been done on Route E.  Mr. Moore said a study had been made on the traffic flow on Route E.  The conclusion was that Route E is carrying somewhere around 50% of the traffic it was designed to carry at this point.  Mr. Moore said Con-Agg had also looked into getting different signage and control at the intersection of Primrose and Route E.  He said the Department of Transportation had studied the situation and felt the signage was adequate, and reported that there had not been any significant traffic problems at all in the area.  They were concerned that additional signage might be more confusing.
    Mr. Janku said he had been talking with Mr. Boeckmann about the issue of grandfather rights as it relates to the plants on the property.  He understood that at least three of the plants have grandfathered rights.
    Mr. Boeckmann reported five or six years ago, the Council adopted some zoning ordinance amendments that limited where concrete plants and some other uses could be located -- basically 2,000 feet from residential areas.  He said that had the affect of grandfathering this 33 acre tract.  He said in 1992, there were three plants on the property when the amendments were made.
    Last summer, Mr. Boeckmann explained that Con-Agg was given a permit to put in an additional plant with the understanding that either an existing plant would be removed, or an appeal would have to be filed with the Board of Adjustment to argue that they were entitled to keep both the old and new plants.  He said Con-Agg filed a Board of Adjustment case, and the Board ruled that they had to remove their old plant when the new one became operational.  That decision was appealed to the Circuit Court and the Court reversed the Board's decision.  The Court's reasoning had been that because of the wording in the City's ordinance, there was no prohibition against expanding a non-conforming use of land.  The Council remedied that by amending the zoning ordinance to specifically state there was a prohibition on expanding the non-conforming use of land.  Mr. Boeckmann said the agreement would assure that there would only be three plants operating on the 33 acre tract, as opposed to the possibility that there could be four.
    In terms of historic practice, Mr. Janku understood that the City allows modification of the portable plants.  Mr. Boeckmann said a portable plant is allowed when an older plant is replaced by a new one.  Basically, it has been considered a technological improvement, and Protective Inspection has been consistent in that interpretation.  Mr. Janku assumed that has been the reasoning that Public Works and the Board of Adjustment had used to allow this to occur -- a new plant for an old plant.
    Regarding the ambient air quality issue, Mr. Janku said he had discussed it with Mr. Dunkerly and with DNR.  He said there are obviously standards and the records are maintained at DNR, which are available to the public.  Even if a fourth plant were permitted by the City, Con-Agg would have to meet DNR standards before operation of the fourth plant could take place.
    Mayor Hindman said he had seen the plant and it is very impressive.  It appears to be a very clean, efficient, and high quality plant.  In addition, Mayor Hindman reported rock quarries are needed and have to be located some place.  He stated the contractors who build the roads and houses the City demands rely on the cost of transportation.  He said it is a social benefit to have the rock quarry located reasonably close to town.  Mayor Hindman thought the agreement was reasonable and beneficial for everyone.
    Mr. Janku thought the settlement was the best the City could do.  He had received a lot of negative comments about the $5,000 Con-Agg would be giving to the City for road improvements in the Valley View area.  Mr. Janku told these individuals that he would offer an amendment to withdraw that part of the agreement.
    Mr. Janku made the motion that R85-98 be amended by removing the $5,000 from the agreement.  The motion was seconded by Mrs. Crockett and failed by voice vote.
    The vote on R85-98 was recorded as follows:  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:
     The following bills were introduced by the Mayor, unless otherwise indicated, and all were given first reading:

B94-98       Authorizing an agreement with the Missouri Highway and Transportation Commission for alterations to
                   railroad property required by the reconstruction of Route B; appropriating funds.
B95-98       Authorizing sanitary sewer connection and annexation agreement with Triple S Development, L.L.C.
B96-98       Amending Chapter 27 of the City Code to allow an off-peak discount for large industrial service electric
B97-98       Authorizing the acquisition of water line and temporary construction easement along State Hwy. 763
B98-98       Accepting conveyances for utility and street purposes.
B99-98       Accepting conveyances for utility purposes.
B100-98     Approving Change Order No. 1; approving engineer's final report; levying special assessments for the
                   Silvey Street project.
B101-98     Authorizing right of use permit for underground telephone cable on City property at Lemone Industrial
                   and Maguire Boulevard.
B102-98     Approving final plat of Country Farms, Plat 2, a major subdivision.
B103-98     Approving final plat of Smithton Ridge, Plat 1, a major subdivision.
B104-98     Rezoning five tracts of property owned by Centerstate Properties, LLC and Clarence D. Woodard from
                   A-1 to O-P, C-P and PUD-14.
B105-98     Rezoning two tracts of property owned by Homeview Properties located between Westwind Drive and
                   Barberry Avenue from A-1 to R-1, and A-1 and R-1 to R-2.
B106-98     Rezoning seven parcels of land located in the Benton Stephens Neighborhood from R-3 to R-1.
B107-98     Amending Chapter 25 of the City Code requiring all land under single ownership or control (up to 80
                   acres) to be included in a preliminary plat.
B108-98     Amending the Stephens College Master Plan to allow for construction of a multi-purpose building
                   between Willis Avenue and Dorsey Street.
B109-98     Amending the City of Columbia Money Purchase Plan.
B110-98     Amending Chapter 14 of the city code to require operators of motor vehicles to exhibit proof of liability

A)     Intra-Departmental Transfer of Funds Request.

    Report accepted.

B)     Street Closure Request.

    Mr. Beck explained that this is a request to close several downtown streets for the Show-Me State Games on Saturday, July 25, 1998, from 7:00 a.m. to 12:00 p.m.
    Mr. Campbell made the motion that the request be approved as presented.  The motion was seconded by Ms. Coble and approved unanimously by voice vote.

C)     Blue Bag Implementation Plan.

    Mr. Beck indicated the report outlined the steps that would be taken to implement a program which would begin around the last part of July.  He said Public Works is planning to phase in the routes so as not to switch everything over at the same time.  He said there would be a separate set of blue bags for the recyclables, and fiber material would be put in paper containers.  Mr. Beck reported staff needed to be directed to bring back the necessary ordinances to implement the programs.
    Mr. Coffman asked about the decision to go with bags as opposed to containers that are reusable.  Mr. Beck said his experience had been that the containers can set out days after collection.  He felt there would be areas throughout the City where streets would be littered with these containers.  With the bags, the street is clean once recyclables have been collected.  In addition, bags prevent littering when being dumped into the garbage trucks.  Mayor Hindman expected to hear more about those kinds of issues when the public hearings are held.
    Mr. Patterson pointed out another consideration -- cost.  He said people will indicate the containers will last for a long period of time, but traditionally, in a city like Columbia with a University and a highly transient population, there is a very high loss factor when putting out containers.  Most importantly, if the City is going to proceed with the blue bag and the current equipment, the bag is used to separate the container portion of material from the fiber material -- thus reducing contamination of the fiber material.  Mr. Patterson reported recyclables would all be mixed together if set out in containers.
    Mr. Campbell made the motion that the staff be directed to proceed with the drafting of ordinances.  The motion was seconded by Mr. Coffman and approved unanimously by voice vote.

D)     Walkable Columbia.

    Mayor Hindman said the report was a very good one, and congratulated the Planning Department for putting it together.  He said it was obvious that a lot of work had gone into it.
    Mr. Janku said there are a lot of excellent ideas in the report, which he thought could be implemented as progress is made.
    Mayor Hindman said the report is available in the Planning Department.  Mr. Campbell requested that it also be made available to the Library.
    Report accepted.

E)     C & VB Master Plan.

    Mr. Beck explained that preparation of the plan had been discussed with the Council.  During the last several years, he said there has been a very tight budget in this area.  The Convention and Visitors Bureau is operated as a separate enterprise account, which means that it is not subsidized from the City's general fund.  In past discussions, Mr. Beck said there had been some thought given to the Bureau's long-range plan and looking at budget projections for the future.  Mr. Beck stated this report might be something the Council would want to take some time to review, and it should possibly be scheduled as a retreat topic.
    Report accepted.

F) "First Night" Funding Request.

    Mr. Beck explained that he and the Mayor had met with representatives of First Night, and it is felt by many that this social function provides an excellent alternative for everyone (particularly the young people) in this community.  The suggestion is that the City become more involved as a sponsor of the program.  Mr. Beck reported Mayor Hindman had asked staff to examine the possibility of providing bridge funding until the next budget year.  At that time, the Council could review the second phase of the overall needs for the First Night Program.
    Mr. Beck stated $1,875.00 in funding is need for the first phase, to be used for a festival coordinator.  Next fiscal year, the Council could address the sponsorship issue.  The question is whether or not the Council wants to appropriate $1,875.00 for immediate supplemental support.
    Mayor Hindman thought this program provides a public safety effort on the part of the community.  He said the event is largely supported by the private sector, and the City's portion of the funding would be relatively small.
    Mr. Janku made the motion that the staff be directed to proceed with drafting the appropriate legislation.  The motion was seconded by Mr. Campbell and approved unanimously by voice vote.


    Ms. Coble asked for an update from the Public Works Department on the storm water projects involving the storm water retention on the north side of Again Street.  She was asked to remind staff that this was to be a priority item for 1997.
    Ms. Coble said there had been some questions about the Garth Avenue street improvement tied into roads.  The question was if the City was waiting to resurface some of the neighborhood roadways because the Garth storm drainage efforts were not finished.  Mr. Patterson explained that staff is getting very close to calling for bids on the Garth and Sexton drainage.  He said they would also be coming forward with a list of the streets scheduled for overlay and paving this summer.  Mr. Patterson said if there are specific sections where residents are having problems, to let him know and staff would try to work something out.
    Ms. Coble asked for a staff report on the health of the downtown area.  She said there were more and more people living downtown, and one of the problems has been parking.  She asked about a new rate or establishing designated areas in City parking facilities for these residents.  She knew of nothing on the books to address the situation, and it could mean 24 hours of parking every day for some who live in the downtown area.
    Ms. Coble said the Wardrobe, on the corner of Eighth and Park, was experiencing a problem with donations being rummaged through and destroyed.  She said this business does not have an enclosed area to receive donated goods that are left after hours.  She said after a weekend of garage sales, whatever may not have successfully sold tends to be taken to this location, but these items are destroyed and strewn about by the time a volunteer worker opens the facility.  She asked if the Police might be able to step up their patrol around the area on the weekends.  Chief Botsford said he would keep an eye on it.  Ms. Coble also suggested that people wanting to donate might wait until someone is there to accept the goods.  Chief Botsford said that would be an excellent idea.
    Mr. Janku said he and Mrs. Crockett were both anxiously awaiting the construction on Route B.  He said the Council is starting to see a lot of ordinances and resolutions dealing with the various items.  Mr. Janku and Mrs. Crockett would like to see the inclusion of some sort of landscaping/beautification project for that entryway into the community.  Mr. Janku said money had been set aside from the ballot issue for landscaping, and he felt the City should play a leadership role.
    Mr. Janku made the motion that the Council receive a report on the issue.  The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.
    Mr. Beck asked if that was where the walkway would be along the rail.  Mayor Hindman said he was reading where the walkway would not be possible because of the railroad tracks.  He is all in favor of looking at the landscaping, to the extent that it did not interfere with the walkway.  Mr. Janku said the landscaping could be on both sides of the street.
    Regarding Bear Creek and the adjoining lots on the north side of Blue Ridge, Mr. Janku did not think the entire lot needed to be preserved.
    Mr. Janku made the motion that staff work with the property owner to gain some sort of trail easement.  The motion was seconded by Mr. Kruse and approved unanimously by voice vote.
    Mr. Kruse asked the staff to look into the possibility of a stop sign at the intersection of Nifong and the street just east of Break Time.  He said Mr. Coffman had been advised that the street is private and there would be a problem with a stop sign.
    Mr. Kruse made the motion that the staff report back on the situation.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. Coffman explained that the Council had received a memo regarding the payroll deduction system.  He said this was initiated a couple of months ago during discussions regarding the Missouri Environmental Fund -- an umbrella organization of other entities.  There was a sample ordinance presented that he would like to see introduced for consideration.  The ordinance would allow any umbrella organization which represents at least 15 other organizations to also take advantage of the check-off system of charitable giving offered to the City's employees, which is already provided to the United Way.  As a legal matter, he thought the City should not discriminate or prevent any other organization from being a part of this system.  Mr. Coffman had heard some are concerned about this infringing upon the good work that United Way does in the City, however, he had not heard proof from any other city that it interfered with what United Way has traditionally done over the years.  Mr. Coffman was hopeful this would be a convenience to those employees who might want to give to other broad charitable organizations.
    Mr. Janku questioned to what extent this would be employee driven.  He said it is one thing if the employees want to add it to their payroll deduction, but he was concerned about campaigns in the office.  Mr. Janku thought some threshold level of interest should be demonstrated by employees.
    Mr. Campbell said he had similar concerns.  He said it may be very worthwhile, but where and how do you draw the line.
    Mr. Kruse indicated for him, it is not issue of whether or not there is interest in it, but an issue of fairness.  He said the City is a public institution that makes this workplace giving program available to one particular federation, when there are other federations that ought to have access to this opportunity as well.  He said if employees are not interested in it, they do not have to give.  Mr. Kruse said personally, he would not choose to vote on this issue because he has a conflict of interest.
    Regarding employees, Mr. Coffman said his feeling was that there should be very strong language and policies about not in any way coercing or even strongly suggesting that an employee has to give to such a program.  He wanted it to be made a convenience for those who might want to, or already do give to an organization of this sort.
    Mr. Beck said one of the big questions is why draw the line including an "x" number of federations.  He said maybe other employees belong to another group they would like to see checked-off.  He said once the list is long enough, the United Way program would be out unless they wanted to dedicate City time to these programs.   Mr. Kruse said the issue is not what federations should be involved, but that all should have the opportunity if certain criteria is met.  He said the state employee campaign has an incredible number of opportunities for workplace giving, and there is no evidence that United Ways or United Funds are in any substantially harmed by this.  Mr. Kruse stated the evidence is clear that total giving goes up, and everybody wins because people feel better about having more choices.
    The Council decided to discuss this issue further at a work session.
    Mayor Hindman reminded everyone to vote tomorrow.
    The meeting adjourned at 10:20 p.m.
                                                                                             Respectfully submitted,
                                                                                             Penny St. Romaine
                                                                                             City Clerk