OCTOBER 21, 2002

    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, October 21, 2002, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU and HUTTON were present. The City Manager, City Counselor, City Clerk and various department heads were also present.

    The minutes of the regular meeting of October 7, 2002, were approved unanimously by voice vote on a motion by Mr. Janku and a second by Mr. Hutton.

    Upon his request, Mr. Loveless made the motion that Mr. John be permitted to abstain from voting on B327-02 and B352-02. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    The agenda, including the Consent Agenda, was approved unanimously on a motion made by Mr. Hutton and a second by Mr. Coffman.
    Mayor Hindman welcomed Girl Scout Troop 606 along with their leader.


Anthony E. Stanton - Minority Contractors Alliance.
    Anthony Stanton, Board Member of the Minority Contractors Alliance, 410 N. Fifth Street, passed out copies of his presentation. He discussed economic empowerment for women and minority business enterprises, particularly in the First Ward. Mr. Stanton explained that they are a not-for-profit organization committed to the economic development of their members, with their mission being the creation of a cohesive group of small businesses that are certified, technically proficient and fiscally sound. He explained that MCA members would like to review with City staff the current HUD Section 3 regulations which state, "Whenever HUD financial assistance is given for housing and community development, to the greatest extent feasible, economic opportunities will be given to residents and businesses in the project area."

B326-02 Adopting the Rock Quarry Road Special Area Plan.
    The bill was read by the Clerk.
    Mr. Beck noted that this Plan was intended to be used as a guide in decision making involving zoning issues, roads, trails, etc.
    Mr. John questioned the low density residential area, assuming there was about 100 acres of ground coming out of it for open space. The current notation in the Plan assumes that all open space is acquired as public land without a density credit. He suggested amending this note so that the range allows for open space to be obtained through donation, easements or density credit. Six hundred units would assume no density credit and 900 assumes all private land that transferred to open space is obtained through a density credit.
    Mr. Janku asked Mr. John if he anticipated the density credit being within the area of the Plan. Mr. John replied that was correct.
    Mayor Hindman voiced concern about the bicycle/pedestrian accommodations along the route going up Rock Quarry Road. He questioned why sidewalks were planned for only one side and noted no provision at all for bicycle route needs. Mr. Dudark explained that the suggestion was made on this particular stretch of Rock Quarry Road due to its topography (steep slopes, a lot of trees very close to the roadway pavement, and the scenic overlay district and adjacent parklands). Out of the study process, he said a suggestion was made that Rock Quarry Road be a neighborhood collector rather than a major collector and that the width of it be slightly narrower than a major collector would be with a five foot sidewalk on one side, and that the pedway or bike system be achieved internally. Mr. Dudark noted that the Plan map indicates some trails connecting Rock Quarry to the Seven Oaks Subdivision to the west and eventually to the existing Hinkson Creek Trail.
    Mayor Hindman opened the public hearing.
    Fred Young, 2101 Rock Quarry Road, spoke in support of the Plan.
    Jeff Barrow, President of the Greenbelt Coalition, with offices at 200 Old 63 South, said his sense of the document was that those who worked on it did not want to specify numbers, but the Plan would be more of a general guide. He remarked that the Coalition, in general, supports the Plan, especially the open space. He pointed out that much of this area would be difficult and expensive to develop because of the flood plain and bluffs. Mr. Barrow thought it made perfect sense to provide density credits whereby more dense development would be located by the road and less dense development in the designated greenbelt or open space. He encouraged adoption of the Plan.
    Mayor Hindman reiterated his concern about the lack of provisions for bicyclists on Rock Quarry Road. Mr. Barrow noted the internal bike/pedway that would run east to west. Mayor Hindman replied that he did not consider that to be the same thing. Mr. Barrow concurred but said Rock Quarry Road, especially as it comes down into the Hinkson Creek Valley, is extremely constrained as it is and unless it was made a one-way road or maybe closed off at certain times to automobile traffic, he did not feel it would be safe. Mayor Hindman inquired about a pedway type arrangement that would be set back from the road beyond the present line that is being kept as the scenic easement. Mr. Barrow responded that some of that land is designated as a nature sanctuary. He maintained the City would have to initiate a "taking" if a separate bike trail was built.
    Mr. Coffman asked Mr. Barrow if Mr. John's suggestion would distort the balance struck by the planning group. Mr. Barrow thought it sounded much more specific than what was intended at any of the work sessions. Mr. John noted that the land use portion, on Page 3 of the Plan, spelled out specifically what the density of use and type of use would be by the acreage and then extrapolated that on to the number of units per acre. He further explained that all he did was add a variable on the R-1 ground to take into account a possible density exchange. He did not really add a layer of specificity. Mr. Barrow noted the group has been talking with land owners who are interested in putting conservation easements on their land to keep it at the least amount of density possible.
    Julie Youmens, 2101 Rock Quarry, reported that the topography in this area makes development extremely expensive or not at all feasible. She stated the group worked hard to reach a consensus among individuals who represented a wide range of diversity in regards to property ownership and income levels within this neighborhood. Ms. Youmens pointed out that the steep, rocky slopes that prevent development also applies to the bike trails. She said that is one of the reasons they proposed the alternative bike trails going through the interior. Before making any changes to the plan, she asked that the Council review the topographical maps.
    Mayor Hindman closed the public hearing.
    Mr. Janku spoke in support of Mayor Hindman's concerns regarding the bike trail and pointed to the bicycle/pedestrian situation on Old 63. He believed there will be a number of people traveling to the University or Hinkson Creek Trail. He said these people are going to want to ride their bikes to the Trail, not load them in a car to get there. Mr. Janku thought an adequate bicycle/pedestrian corridor in the general area of Rock Quarry Road should somehow be incorporated in this Plan. Otherwise, he was fearful of creating a dangerous situation like that which exists on Old 63 currently.
    Mr. John asked if he was talking about on the Rock Quarry Road right-of-way. Mr. Janku did not think it should be that specific. Mr. John wanted to make sure he was not referring to the route that would go through Seven Oaks. Mr. Janku said he was talking about deviating from the recommended Plan.
    Mayor Hindman supported the bike/pedway that would connect to the Seven Oaks Subdivision, but he also thought there should be one on Rock Quarry Road, if at all feasible without destroying the ambience of the scenic road. He proposed a tag to the Plan that would include the development of an adequate bicycle/pedestrian route along Rock Quarry Road. He was not proposing a sidewalk right next to the road, but one that serves that purpose. Mr. Loveless noted that the Plan calls for a five-foot wide sidewalk. Mayor Hindman said it did and they might be able to avoid that by having a pedway or something and giving up the sidewalk. Mr. Loveless asked Mayor Hindman, when speaking of an adequate bicycle pedestrian path, if he had a minimum width in mind. His thinking was that generally a five foot sidewalk includes a couple of feet between the curb and the edge of the sidewalk that is grass or some other natural material. He said they have tried to avoid using the two feet between the edge of the curb and the sidewalk as part of the walk, but said this may be an instance where the corridor is so narrow if this two-feet is used, it would create a seven foot sidewalk. Mr. Loveless questioned if that would meet an adequate pedway width without taking additional right-of-way or clearing more trees. Mayor Hindman believed that was something to consider, although he thought more width will be needed because of the hill. He did not think the Council should have to deal with those details, but rather relay the message that when the area is developed and the road is improved, that some kind of accommodations be made for both bikes and pedestrians.
    Mr. Coffman was concerned about the vegetative buffer. Mayor Hindman concurred. Mr. Coffman understood the logic behind Mr. John's recommendation regarding the density, but said the density is an important factor that brought everyone together on the document. There was also the anticipation that Rock Quarry Road would be 30-feet wide with a five foot sidewalk on one side. He noted that these were assumptions people thought were important to the Plan. Mr. Coffman would be more comfortable if the Council could put their ideas about what is hoped and preferred in language that will make it clear they are not predetermining anything in the future. Mr. John responded the Council will need to adopt a policy statement that would be used when development occurs. Mr. Beck noted that developers, working with staff, need to know if they are bringing in something that is in accordance with Council policy. Without that, a lot of money can be spent on a plan. Mr. Coffman stated his concern to be that what is before the Council is a near consensus document and if they start changing it too much, it may not be the consensus document it was at first.
    Mr. Janku made the motion to amend B326-02 by adding language to the end of the transportation section on Page 3 to read as follows, "An adequate bicycle/pedestrian path should be incorporated along the general route of Rock Quarry Road, taking into account existing ordinances and topographic features." The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
    Mr. John made the motion to further amend B326-02 by changing the notation in the land use summary section on Page 3 to read, "The range allows for open space to be obtained through donation, easements or density credit. 600 units would assume no density credit and 900 assumes all private land that transferred to open space is obtained through a density credit." Mr. Hutton asked if Mr. John would accept a friendly amendment to add language to read as follows, "The range allows for 100 acres of open space to be..." Mr. John agreed. The motion, as amended, was seconded by Mr. Loveless and approved unanimously by voice vote.
    B326-02, as amended, was read with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B338-02 Authorizing Change Order No. Two; approving the engineer's final report; levying special assessments; appropriating funds for the Brown Station Road project.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this major street improvement project located in northeast Columbia involves both water and sewer lines.
    Mr. Patterson explained that the public hearing is for the purpose of determining whether assessments should be levied against the abutting properties. The project is about 7,400 feet in length on Brown Station Road from Route B to Starke Avenue. The reconstruction consisted of widening the street to a 38 foot collector width and construction of a five foot sidewalk along the entire length of the east side, and along the west side from the south end of the project north to Gene Drive. The total project cost was $2,174,000 with portions being paid by participating utilities that had relocations or improvements associated with the project. It also included about $131,000 for design work and consulting services.
    Mr. Patterson reported that Brown Station Road is designated as a collector street and in accordance with City policies, properties abutting collector and arterial streets may be assessed a tax bill in the amount equal to the cost of curb and guttering or the equivalent of that cost. At the time of the public hearing for the project he noted the maximum tax bill amount was set at $12.10 per abutting foot, but based on actual construction cost and contract bid prices, the actual cost was $10.15 per foot. The latter amount is what is being proposed for tax billing purposes. Due to recent changes in policy, he said there are no assessments for through lots on property that do not have direct access. In this project there are 53 separate parcels being proposed for tax bills ranging from $203 to $5,075, which totals $99,238 in assessments.
    Prior to levying assessments, Mr. Patterson stated it will be necessary for the Council to determine that there have been benefits accrued to the properties that are at least equal to or exceed the amount being proposed for tax billing. He suggested they consider the following benefits: the new curb and guttering has provided for improved storm water management and improved appearance of the properties, the sidewalks provide for safer pedestrian movement, there is improved access to the properties, and the improved street will allow for better street maintenance, particularly in the form of snow removal and street cleaning.
    Mayor Hindman opened the public hearing.
    Harry Castillo, 2905 Gene Drive, explained that he lives on a corner lot and said he was inconvenienced during construction of the project because he did not have direct access to his home. He reported that many other residents would benefit from this project, but they are not being tax billed because their properties do not abut Brown Station Road. Mr. Castillo noted that he also lost some trees.
    Mayor Hindman closed the public hearing.
    Mr. Boeckmann explained that under the ordinance the City cannot tax bill any properties that do not abut the improvement, and before tax billing the Council must make a finding that the property to be tax billed received special benefits beyond what the community as a whole received.
    Mr. Beck asked when the City acquired the right-of-way for the project, whether Mr. Castillo had been compensated for the trees. Mr. Patterson replied that right-of-way had been purchased, although he could not speak specifically to this property. He pointed out that the $99,000 to be tax billed only represents about five percent of the project cost. Therefore, the general public is paying a considerable amount of the project, more so than the residents abutting it. Mr. Patterson indicated that was the basis for the law being written the way it was -- to recognize on collector and arterial streets there is a limit to local benefit.
    Mr. Hutton commented that this is a difficult process, but one he felt to be equitable because the property owners along the street are only paying a very small percentage of the total cost and the citizens of Columbia as a whole are paying the major portion. From this point forward, he pointed out that those property owners will never have to pay again for street maintenance work. Mr. Hutton also maintained that property values in this area would increase due to the road's improvement.
    B338-02 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B345-02 Authorizing construction of water main serving Springdale Estates, Plat 7; authorizing payment of differential costs.
    The bill was given second reading by the Clerk.
    Mr. Beck stated that this is a small water line project involving 560 feet of line with a cost to the Water and Light fund of $2,760.80.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B345-02 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B346-02 Authorizing relocation of water main at the intersection of Brown School Road and Highway 763.
    The bill was given second reading by the Clerk.
    Mr. Beck stated that this water line relocation is estimated to cost $47,000 and would be paid out of Water and Light funds.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B346-02 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

(A) Voluntary annexation of property located on the south side of Grant Lane, approximately 550 feet east of Trailside Drive.
    Item A was read by the Clerk.
    Mr. Beck reported that this lot is about one acre in size and is part of a 30 plus acre tract owned by the Grant family. He stated staff would have preferred to have the entire tract annexed at one time for planning purposes, but he understood the family is not interested in doing such.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.

B327-02 Approving the final plat of Highview Subdivision, Plat 2, a replat of portions of Highview Subdivision; granting a variance from the Subdivision Regulations.
    The bill was read by the Clerk.
    Mr. Beck explained that this lot is located in an older part of the City wherein 40 foot rights-of-way were dedicated years ago. Being proposed is to have a sidewalk utility easement along the right-of-way. He said that staff felt it would accommodate the sidewalk needs in the area.
    B327-02 was read with the vote recorded as follows: VOTING YES: LOVELESS, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSTAINING: JOHN. Bill declared enacted, reading as follows:

B334-02 Appropriating funds from the Designated Loan Fund for the acquisition of property on Clarkson Road for open space and park purposes.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that agreements have been worked out relating to the Grasslands area and the high rise apartments that would not be built in lieu of the park acquisition. This ordinance would authorize an appropriation of $680,000 out of the City's designated loan fund to purchase the land. The payback to the fund would be $400,000 in the way of tax bills issued against the property owners in the Grasslands area, $150,000 from private donations, and $130,000 from the sale of a portion of the property that would be purchased by the City. Mr. Beck stated that staff is following the plan outlined by the Council.
    B334-02 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B337-02 Amending Chapter 22 of the City Code as it relates to street construction.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that questions have been raised as to the City's policy as it relates to paying for the opening of "paper streets". In some cases these streets are part of an older subdivision that were never constructed by the original subdivider. The question has been raised as to who pays how much toward the opening of that street. Mr. Beck reported the intent of this ordinance is to clarify the fact that the City would not be paying for opening subdivision streets to serve existing lots for new construction. He said the amendment also addresses the issue pertaining to collector and arterial streets within new subdivisions and what the City's obligation would be. Mr. Beck indicated the proposed amendments are consistent with policies staff has followed in the past.
    B337-02 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B348-02 Authorizing an agreement with COLT Terminal, LLC for construction/operation of rail terminal; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Malon explained that this is the culmination of a series of reports and actions the Council has taken over the last eighteen months. He explained that Colt Terminal LLC is a private company owned by Prost Builders and Show-Me Transportation (Prost/Hager). Mr. Malon said the developer is proposing to do some final work on the property to make it construction ready for the building and equipment. The City will be responsible for installing sewer and water lines, whereas Colt Terminal LLC is proposing to invest about $2.5 million to construct an approximate 60,000 square foot building that will be dust free, heat and humidity controlled with a sprinkler system, loading dock, etc. The contract includes some default provisions wherein the City would claim the property back in the case of default. Should this occur, they would either have to move their private equipment from the premises or we could move in and take it over. To protect them against a default on the part of the City if we should decide to stop operating the Railroad, the agreement specifies that they would become owners of the property and the City would reimburse them for the undepreciated value of any equipment that was used specifically for rail operations. Mr. Malon reported the group has also been given the right of first offer in the event the City decides to sell the property. He indicated both staff and the Railroad Advisory Board unanimously recommended approval of the agreement.
    Peter Davis, Chair of the Railroad Advisory Board, 700 S. Greenwood, asked the Council to approve the contract and added that the facility would provide unloading facilities indoors, warehousing for those customers who cannot take delivery immediately, and has the potential to handle on-site container traffic.
    Vaughn Prost, 3305 Crawford, explained his company is the developer of the project and will be designing and building the terminal. He noted the terminal will actually be serving a 75 mile radius from Columbia.
    Chad Hager, 411 Amazon, stated they are very excited about the opportunity to work with the City on this project after doing extensive marketing research in the area.
    B348-02 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. HUTTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:

B351-02 Approving the final plat of Evergreen Acres, Plat No. 3.
    The bill was given second reading by the Clerk.
    Mayor Hindman noted that this item need to be tabled.
    Mayor Hindman made the motion that B351-02 be tabled to the November 4, 2002, meeting. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.

B352-02 Approving the final plat of Bluff Creek Office Park, Plat 6.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this plat consists of approximately 3.2 acres and would create one C-3 lot.
    Mayor Hindman asked if there would be a sidewalk. Mr. Dudark replied that a five foot sidewalk would be required.
    Mr. Coffman asked about the progress for a traffic light in this area. Mr. Patterson replied the traffic light relocation is still planned and is being coordinated by the developer and the Highway Department. He estimated the relocation would probably be done sometime in the next five to six months. Mr. Coffman asked if there are any City improvements that should be considered along with approval of this plat such as a crosswalk or other markings at the intersection. Mr. Patterson did not know of any right now, but that did not mean that there would not be a need for such. He indicated that will be examined when the signalized intersection is constructed. Mr. Coffman requested that this information be brought to the Council's attention at the appropriate time. Mr. Patterson replied that he would do so.
    B352-02 was given third reading with the vote recorded as follows: VOTING YES: LOVELESS, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. ABSTAINING: JOHN. Bill declared enacted, reading as follows:

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

B335-02 Accepting a Local Law Enforcement Block Grant from the U.S. Department of Justice; appropriating funds.

B336-02 Appropriating funds for the purchase of supplies for the D.A.R.E. Program.

B339-02 Authorizing Change Order No. One; approving the engineer's final report for the Park Hill Addition Storm Drainage Improvement Project.

B340-02 Authorizing change orders, approving the engineer's final report for the upgrade of the North Runway 2/20 Safety Area Project at the Airport.

B341-02 Authorizing change orders, approving the engineer's final report for the Phase II Air Carrier Apron Expansion and Taxiway Project.

B342-02 Accepting easements for drainage, sewer, sidewalk and utility purposes.

B343-02 Authorizing acquisition of easements for the construction of improvements to Sixth Street from Wilkes Boulevard to Hickman Avenue.

B344-02 Accepting a deed of dedication; authorizing payment of differential costs for 12-inch water main serving Boone County Fire Protection District #14.

B347-02 Accepting easements for utility purposes.

B349-02 Vacating utility easements located within Rock Valley Subdivision, Plats 2 and 3.

B350-02 Vacating drainage and sewer easements within Biscayne Heights Subdivision, Plat No. 2.

B353-02 Approving the final plat of Biscayne Heights, Plat No. 3, a replat of portions of Biscayne Heights, Plat No. 2.

R199-02 Setting a public hearing: voluntary annexation of property located at the northeast quadrant of the I-70/Lake of the Woods Road Interchange.

R200-02 Setting a public hearing: Parks and Recreation Master Plan 2002 Facilities Needs Update.

R201-02 Authorizing an agreement with the Missouri Department of Health and Senior Services for immunization services.

R202-02 Amending the contract with the Missouri Department of Health and Senior Services for surveillance of the West Nile Virus.

R203-02 Authorizing an agreement with the Missouri Department of Health and Senior Services for HIV/STD counseling services.

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

R204-02 Authorizing demolition of 208 Hardin Street; levying a special tax bill.
    The resolution was read by the Clerk.
    Mr. Patterson reported staff conducted hearings to determine whether the building was unsafe for human habitation and a public nuisance. Staff also had several communications with the property owner and set deadlines and extensions to those deadlines. To date, the owner has failed to take appropriate action to correct the problems. The cost of the demolition will be tax billed to the property owner if the Council authorizes the work.
    Mayor Hindman felt the City had been generous in giving this person numerous opportunities to correct the situation while the neighbors had to put up with it.
    The vote on R204-02 was recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R205-02 Authorizing an amendment to the hangar lease with Ozark Management, Inc. to allow performances of Fixed Base Operator functions.
    The resolution was read by the Clerk.
    Mr. Beck explained that the Airport Advisory Board received a request from the owner of Ozark Management Inc. to allow the company to provide aeronautical services as a fixed base operator. After reviewing the owner's business plan, federal regulations, insurance, etc., the Board voted unanimously to recommend that the Council approve the request. He said the City's lease agreement with Ozark would need to be modified to allow them to operate as a FBO to provide aviation fuel sales, aircraft maintenance and aircraft charter services to the public.
    Mr. Patterson pointed out that the lease amendment provides for the same terms and charges as the other fixed base operator at the Airport in order to be consistent. The other compliance requirements necessary to authorize fixed base operation have been met to the satisfaction of the Advisory Board.
    David Rogers, an attorney with offices at 813 E. Walnut, spoke on behalf of Central Missouri Aviation. He urged the Council to table this request for several reasons. He said any proponent of a fixed base operation is required to submit proof of financial ability and stability to provide the service. At the very least, this would require a sworn financial statement. In this case, Mr. Rogers said none was given. Furthermore, it has been found that Ozark Airlines owes $43,000 in taxes to Boone County. He felt that was prima facie evidence that they do not have the financial responsibility to proceed with this type of operation. Mr. Rogers understood that the Ozark hangar had been offered to the National Guard for storage and servicing of helicopters. He said the same building could not do both things. He thought that should be resolved before even thinking about amending the FBO lease. Mr. Rogers pointed out that everyone is entitled to a level playing field, and Central Missouri Aviation has certainly not received the benefit of public funds that have gone into the Ozark operation. He noted this is especially true since Ozark's airline service lasted less than a year. Mr. Rogers also indicated that Central Missouri Aviation's potential competitor now has a concrete apron in front of its facility. He related that CMA has asked the City if they could have a similar type concrete apron because it is necessary to have equal competition between the two. He said they have not received a response and he doubted very much that the City is in a position right now to provide that comparable amenity to them as it would be providing to Ozark Management.
    Mr. Hutton asked about the requirement of financial proof Mr. Rogers referred to earlier. Mr. Rogers said the regulations of the Columbia Airport as adopted by the Council lists some 20 requirements that a fixed base operator must meet. One is proof of financial responsibility.
    John Ellis, on behalf of Ozark Management, reported that Premier Bank of Columbia has issued a letter of credit which was received by the Airport Manager. The letter of credit indicated substantial capabilities financially to proceed with the fixed base operation. Regarding the delinquent taxes, Mr. Ellis said this request is from Ozark Management not Ozark Airlines. He explained that Ozark Airlines was sold by Dr. Stricker to Great Plains Holding Company some time ago, and these are two separate companies and should not be confused. It was pointed out that the facility had been offered to the National Guard for the storage and maintenance of helicopters, which Mr. Ellis said was correct. If that proposal is accepted, then the City of Columbia would be obligated to provide Ozark Management with an alternate site to construct another hangar from which they could proceed with the fixed base operation. He said there would obviously be some delay involved in the construction of a new building once that site had been determined so he urged the Council to consider this application. In the event the National Guard responds favorably, Mr. Ellis commented OMI would proceed with the fixed base operation at a different location. In regard to the issue relating to the concrete apron, he maintained that CMA does have a hangar on a concrete apron. When the Ozark Management hangar was constructed, it was not their first choice in location to build the facility. Mr. Ellis reported they wanted to build it on an existing part of the concrete apron located directly north of the Central Missouri Aviation hangar just south of the terminal building. At that time, this request was denied because CMA had presented a building plan for an addition to their facility.
    Terry Rackers, Central Missouri Aviation, 605 S. Eagle Trace, Jefferson City, said a level playing field is what this is all about. He explained that they have five hangars with one being on a concrete ramp. They have no offices there although they requested offices at that location, but the City wanted that ground for parking and future expansion of the terminal. He said they agreed and did not pursue it any further. Mr. Rackers commented that their understanding is that CMA paid for all hook-ups and site preparations and they think that Ozark did not pay for those things.
    Mayor Hindman understood a concrete apron is needed to service jet-type planes. Mr. Rackers responded affirmatively. Mayor Hindman asked if CMA could do that from their concrete apron. Mr. Rackers acknowledged they are presently doing it, but it is about 150 to 200 yards away and they have to escort people out there. He said it is a safety issue. Mayor Hindman understood CMA's disadvantage to be the location of their concrete hangar. Mr. Rackers replied that was correct and added that they have requested a concrete ramp but realize the City does not have the money.
    Mr. Janku asked if the letter of credit met the City's requirement for financial responsibility. Mr. Patterson said it did, the line of credit approved by Premier Bank is up to $2 million. He added that according to the information that was submitted to the City, OMI has met all of the Airport's minimum standards.
    Mr. Beck explained that the City's policy regarding the Airport over the years has been to act, more or less, as a subdivider of the property -- we develop the property and lease out the land, except for the terminal building. He said we ended up with the fixed base operator building after the first FBO went out of business. Mr. Beck reported that the City built the roads, sewer and water mains, and have been involved in building the parking lots. The City also graded some of the land on which the hangar buildings and parking lots were constructed. When Ozark Airlines came in, Mr. Beck related that the City again worked as a subdivider and the REDI Corporation participated in preparing the ground to a certain grade. Other than the mains the City built, he could not remember REDI's participation in the connection from the building to the City main. He said the City's money was matched with federal grants to build aprons, parking lots, etc. over the years. Mr. John asked Mr. Beck if the City basically did most of the infrastructure work. Mr. Beck replied the City has been pretty consistent from that standpoint. Mr. Patterson further stated that staff examined whether there was any distinction in other policies the City has applied elsewhere at the Airport, and it was found that this is consistent with all past practices there.
    Mayor Hindman asked about the letter of credit. Mr. Patterson explained that it simply refers to the fact that OMI has established a letter line of credit up to $2 million with Premier Bank. He was not certain on our part that the letter of credit would be so much in the favor of the City as it is to demonstrate that OMI has the financial ability to begin and continue their fixed base operation.
    Mr. Hutton asked what would happen should the National Guard take over the existing hangar and apron. He wondered if the City would construct the new building and apron and then OMI would lease it from us. Mr. Patterson said it would be done exactly like other buildings wherein a mutually agreed upon site would be established and then the construction and development costs would be up to the developer. As subdivider, the City's responsibility would be to bring the services to the leased land area. Mr. Hutton questioned if OMI would pay a lease fee for the land itself. Mr. Patterson said as far as he knew, the only building not in that situation is the CMA building which is a City building and subject to lease terms. He thought the postal service would be a different situation.
    Mr. Patterson pointed out that staff examined the asphalt apron when this issue arose. He asked Mr. Boston to evaluate as to what impact it was causing operationally. Apparently, there is a problem with the parking of heavy aircraft during hot weather. The engineer's estimate for replacement of the apron would be about a $2.5 million project. Mr. Patterson said that could be staged in on the AIP if the Council chooses such. However, the project would have to go up against priorities of other items at the Airport. Mr. Beck pointed out that the City typically puts in 10% of the "eligible project cost" on aprons and other things.
    Looking at the proponent's advisory circular, Mayor Hindman remarked that it is fairly persuasive that as a federally assisted airport the City must comply with the statutory prohibition on exclusive rights. He noted in this case, the applicant meets every requirement the City has set-up. Mr. Janku agreed.
    The vote on R205-02 was recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:

R206-02 Approving the Downtown Beautification Plan.
    The resolution was read by the Clerk.
    Mr. Beck explained that the Special Business District, working with City staff and some of the downtown businesses, developed an upgrade of the master plan for this area. He noted that the Council reviewed the Plan at a work session and the City is now in the process of trying to implement such with the Special Business District in phases. This last year the Council approved a budget of $95,000 toward the first phase of the Plan.
    Skip Walther, 700 Cherry, spoke on behalf of the Special Business District Board of Directors, seeking approval of the multi-year Downtown Beautification Plan. He explained that downtown business owners pay a special tax as a component of their property tax. He said over the course of a number of years the fund has steadily risen, primarily because they have not had a cohesive plan on which to spend the money. Mr. Walther noted a lot of infrastructure in the downtown area that has reached the end of its useful life. He reported there are many sidewalks that need to be reconstructed, street lighting issues that need to be addressed, and bike racks, newspaper corrals and trash receptacles that need to be replaced. In addition, he noted some aesthetic components to the Plan the SBD would like to implement such as banners. The Board feels that for the long-range interests of downtown, this type of plan will be very functional and fairly cost effective. Mr. Walther pointed out the SBD will be asking for an annual contribution from the City toward the funding of the project. The downtown property owners will also continue to contribute their fair share towards it as well.
    Mr. Hutton commented that he is a strong supporter of the downtown area and was hopeful the Plan would come to fruition. He cautioned them that the present Council cannot obligate future funding and that the SBD would have to go through this each year. Mr. Walter replied that they understood that and were not suggesting otherwise. For the stability of the Plan, he said they thought it important to have Council approval of it, at least in theory. If finances do not allow a contribution in future years, Mr. Walther reported the SBD will have to come up with an alternative.
    Greg Ahrends, 1504 Sylvan, spoke generally in support of the Plan, but voiced concern about trash receptacles, public seating, bike racks and newspaper corrals. He noted no provision in the Plan that specifies a minimum width of sidewalk being maintained. Mr. Ahrends pointed out there are currently some areas that are difficult to navigate for wheelchair users.
    Mr. Janku thought one of the goals in replacing the newspaper stands would minimize the congestion caused by multiple units randomly placed on the sidewalk.
    The vote on R206-02 was recorded as follows: VOTING YES: LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON. 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:

B354-02 Voluntary annexation of property located on the south side of Grant Lane, approximately 550 feet east of Trailside Drive; establishing permanent R-1 zoning.

B355-02 Voluntary annexation of property located at the eastern terminus of Rice Road and at the southern terminus of Shamrock Drive; establishing permanent R-2 zoning.

B356-02 Rezoning property located on the southwest corner of Brown Station Road and Skyview Road from R-1 to O-P; approving the Brown Station Early Learning Center O-P Development Plan.

B357-02 Approving the final plat of Brown Station Early Learning Center.

B358-02 Approving the final plat of Highlands Circle.

B359-02 Approving the final plat of The Cascades, Plat 1.

B360-02 Approving the final plat of Norbury Hill Subdivision.

B361-02 Amending Chapter 29 of the City Code relating to landscaping requirements for motor vehicle, trailer and farm machinery sales and service facilities.

B362-02 Adopting the Columbia Metro Greenbelt/Trail Plan.

B363-02 Authorizing agreements with various organizations for the development and promotion of festivals and special events; appropriating funds.

B364-02 Amending Chapter 14 of the City Code as it relates to riding cycles.

B365-02 Confirming the contract of Aplex, Inc. for the Hardin-Donnelly-Independence Area Storm Drainage Project; appropriating funds.

B366-02 Amending Chapter 22 of the City Code to establish a solid waste district to provide refuse collection service within the Special Business District.

B367-02 Authorizing change orders, approving the engineer's final report for partial rehabilitation of Runway 2/20 Project at Columbia Regional Airport.

B368-02 Amending Chapter 6 of the City Code relating to adoption of the International Building Code 2000.

B369-02 Amending Chapter 6 of the City Code relating to adoption of the International Residential Code for One & Two Family Dwellings 2000.

B370-02 Amending Chapter 6 of the City Code relating to adoption of the International Property Maintenance Code 2000.

B371-02 Amending Chapter 6 of the City Code relating to adoption of the International Plumbing Code 2000.

B372-02 Amending Chapter 6 of the City Code relating to adoption of the International Mechanical Code 2000.

B373-02 Amending Chapter 6 of the City Code relating to adoption of the ICC Electrical Code 2000.

B374-02 Amending Chapter 6 of the City Code relating to adoption of the International Fuel Gas Code 2000.

B375-02 Amending Chapter 9 of the City Code relating to adoption of the International Fire Code 2000.

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

(B) Juvenile Curfew Ordinance.
    Mr. Beck remarked that the Council had asked for a report on this issue. He said staff reviewed what other cities are doing and he noted that quite a few of them have curfew ordinances.
    Mr. Janku remarked that the suggested Council action was that a work session be scheduled on the issue. Because the memo suggested requiring documentation, he asked if that would proceed the work session or if the Council should go ahead and have a work session and work through the issues. Mr. Boeckmann felt there was some resistence in the Police Department to compile documentation that might be necessary to support such an ordinance unless they knew the Council intended to pass it. In reference to past court cases, he said before an ordinance is adopted, staff would have to present facts and statistical information as to why a curfew law would be necessary. He was not sure Columbia would have this kind of statistical information, but thought there were some incidents downtown last summer that should be documented. Prior to passage of an ordinance, Mr. Boeckmann felt there should be a detailed report to the Council on that issue. He thought it would be preferable to compile statistical information on juvenile crimes, where juveniles have been the victim of crimes and the hours of those crimes, but he was not sure how easy it would be to collect this documentation.
    Mayor Hindman believed there has been enough evidence that the Council should move forward with an ordinance. Mr. Boeckmann said it would be preferable, if such an ordinance is adopted, that the City have a record that there is a justified need for it based on past experience. Mayor Hindman felt there was enough past experience to justify the adoption of such an ordinance.
    Ms. Crayton made the motion to refer the issue to a work session with the staff prepared to work on it. The motion was seconded by Mr. Janku.
    Mr. Loveless commented that he is somewhat against such an ordinance. His interpretation was that the proposed ordinance would target criminal offenses, and generally speaking, the court systems treat juvenile offenders with kid gloves. He saw this as a problem of parental oversight. If parents were watching their kids, there would not be such situations where their children are at risk. Mr. Loveless believed the entire Council is in agreement that Columbia has youth at risk and that these kids need protection. He was not sure this is the way to do it.
    Mr. Janku agreed and said this is a symptom of a larger problem for the individual. He said if a child is out on the street it did not necessarily make him a bad kid, but it was a symptom of a bigger problem in that kid's life and it gives the authorities the opportunity to intervene. He said maybe it will be the parent or guardian who then suffers some consequences or gets some help to straightened things out. Mr. Janku commented a curfew law would allow that intervention which is sometimes successful and sometimes not. He said if there is a question of neglect where the child is out consistently, a curfew law is an opportunity to address that concern.
    Mr. Loveless noted the youngster would be charged with violating the law, not the parent. With no consequence to the parent, a change in parental behavior is not affected. He saw that as where they need to act.
    Mayor Hindman pointed out that in the juvenile system, the court will bring the parents in so they can try to resolve the problems. He said it is different from the criminal system.
    Mr. John agreed that any curfew has to have parental control. He said that responsibility has to be part of any ordinance with a penalty to go back in that way.
    The motion, made by Ms. Crayton, seconded by Mr. Janku, was approved unanimously by voice vote.
    Ms. Crayton passed out copies of a letter she received detailing things going on in the community with at risk youth. She pointed out that there are emancipated 16 year old children out on the streets and other places where they have no business being.
    Mr. Coffman said he was willing to discuss the idea of a juvenile curfew, but said he was concerned about focusing too much on a criminal penalty solution. He believed the entire Council is aware that this is a complex, social problem with there being too many kids without the love and care of proper parenting.

(C) Additional Work to Extend Underground on Business Loop 70.
    Mr. Beck noted the cost to extend the undergrounding in this area eastward would cost an estimated $500,000.
    Mr. Janku agreed with the recommendation and said he did not want to get in the position where an area would have to be redone. He would like to see it as a priority in the budget, but was hopeful they could deal with the master plan for undergrounding. He asked about relocating the existing utility lines or poles to the property on the south side to the rear of it. Mr. Malon said it is possible to come in from the street behind it and rebuild the overhead lines from the back of the property then cross over the Business Loop. He noted the poles on the south side of the street belong to the phone company. Staff is not sure if they are going to take them down. Mr. Janku asked if staff could talk to the phone company. Mr. Malon said they know that CenturyTel had been working in the area by the new car agency and they are going to try to get those poles down. He noted this part of the current project. Mr. Janku was hopeful they could address the master plan relatively soon.

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

Cecil, Gregory A., 1700 Oak Cliff Place, Ward 4 - term to expire 5/16/03

Timmons, Jack D., 1301 Park DeVille Place, Ward 2 - term to expire 11/1/07

Giroux, Douglas S., 1409 University #3, Ward 6 - term to expire 11/1/05
Rice, Glen P., 807 N. Eighth, Ward 1 - term to expire 11/1/05
Scherrer, Elizabeth G., 529 Huntridge, Ward 5 - term to expire 11/1/05

Castillo, Mary Ann, 124 W. Green Meadows Road, Ward 5 - term to expire 10/31/05
Vinson, Daniel C., 2604 Hillshire, Ward 4 - term to expire 10/31/05 (health prof.)

    Mr. Coffman remarked that he has received lots of comment regarding the temporary traffic calming activity on Audubon. He asked when the situation would be assessed. Mr. Patterson said the trial period is usually six months and then staff will report back to the Council after meeting with the neighborhood to get their perceptions. Before something becomes permanent, Mr. Coffman indicated many people would like the opportunity to comment on the devices. Mr. Patterson said he would check and see when the reporting period would be.

    In the same neighborhood, Mr. Coffman said residents have requested a traffic calming device at the intersection of Shepard and Danforth. He said there is a stop sign where the median ends and he is getting complaints about people running the stop sign. He thought it might be an appropriate place for markings or a device.

    Mr. John repeated a request for a report involving the City's Fire Department as first responders, even though there is a territorial agreement. He had been looking for a report on the costs of implementing such within the City limits.
    Mr. John made the motion that his request be pushed forward. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

    Mr. John said he had received some responses back from Public Works on storm water, drainage, and flooding issues. He said one thing that is very common is that people are building their landscaping and fencing in drainage areas which causes the blockages. He thought the City should examine our own culverts and drainage ways under the roads. As we tell people they cannot block the storm drains, we need to be minding our own drainage ways.

    Mr. Loveless brought up the Godas property on the southeast corner of Nifong and Hyde Park. He said an earlier request was defeated, not because anyone particularly disagreed with it, but the Council had said they would prefer to see a development plan for the entire piece. The applicant has now put that together and would like for the Council to reconsider the previous request.
    Mr. Loveless made the motion that the Council reconsider the request of the property owners for a change of permitted uses for the .96 acre C-P zoned property on the southeast corner of Nifong Boulevard and Hyde Park Avenue, and that staff prepare an ordinance for this purpose for introduction at the November 4, 2002, Council meeting, and that staff advertise for a public hearing on the matter at the November 18, 2002, Council meeting. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.

    Mr. Loveless spoke about chicken problems in his Ward. He said there has apparently been another hatch at the property located at 108 Russell Boulevard. He asked that staff look into the situation.

    Regarding the easement for the sidewalk discussed earlier, Mr. Janku thought it was an interesting way to resolve the issue and he did not know why staff could not consider that in future situations. Instead of obtaining right-of-way, maybe an easement might be a more flexible option for the property owner or developer.

    Mr. Janku asked for a staff report on the issue related to the Council's interaction with the CDBG Commission and how to get information to them in a timely manner for their consideration when the Council expresses an interest in a particular CDBG project. He suggested the process could be smoothed out a bit.
    Mr. Janku made the motion that staff report back on the above issue. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

    Mr. Janku noted that a lot of communities publicize the existence of the earned income tax credit for lower income working people because it brings a lot of money back into the community. He said not everyone eligible applies. Mr. Janku asked that staff see what could be done through various community outreach efforts, i.e., publications, City Channel advertising, to get the word out about the program. Mayor Hindman noted that some cities are getting volunteers to work with people to help in the application process.
    Mr. Janku made the motion that staff be directed to report back on the above issue. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

    Mr. Janku encouraged the staff to work with the Minority Contractors Association on the issues brought up earlier this evening to see what staff can do to get word out on the City's various projects and make our bid information known.

    Regarding the earned income tax credits, Ms. Crayton asked that staff also look into the Circuit Breaker for Senior Citizens.

    Ms. Crayton also requested that staff do whatever they can to help with the Minority Contractors Association. She would like to be a part of any meetings that might be held with them and staff.
    Ms. Crayton made the motion that staff be directed to meet with the Minority Contractors Association and report back. The motion was seconded by Mr. Janku and approved unanimously by voice vote.

    Mayor Hindman noted that the Council was given a letter at the pre-Council dinner from the Show Me Clean Streams who requested an endorsement for their application for a Hinkson Creek Watershed Restoration Project Study Grant. Mayor Hindman indicated he would like to write the letter and be able to say it has Council endorsement.
    Mayor Hindman made the motion that he be given authority to write the letter. The motion was seconded by Mr. Janku.
    In reference to the Hinkson Creek Watershed Restoration Project Study, Mayor Hindman pointed out that the City would be expected to contribute as much as $25,000 for in-kind service, salary and fringe benefits. He asked Mr. Patterson to comment. Mr. Patterson's understanding was that if the other public education projects (Community Storm Water Partnership, etc.) are continued to be staffed at their current level, as much as $25,000 can be used as soft, in-kind credit. He understood the City would commit to maintaining that level so funding would be there next year for the credit and it would not require an additional appropriation.
    The motion made by Mayor Hindman, seconded by Mr. Janku, was approved unanimously by voice vote.

    Abe Haim, 615 Morningside Drive, commented on the juvenile curfew proposal. He thought it important to remember that people are innocent until proven guilty. Mr. Haim related that just because someone is out late at night does not necessarily mean they are doing something wrong. He said it should be left to the parent's discretion.

    Keith Schnarre, 19901 Far West School Road, Centralia, explained that he is a candidate for Presiding Commissioner of Boone County. He introduced himself and said, if elected, he would be willing to work with the Council in a straightforward manner.

    The meeting adjourned at 10:20 p.m.

                                                                                        Respectfully submitted,

                                                                                        Penny St. Romaine
                                                                                        City Clerk