M I N U T E S
 CITY COUNCIL MEETING - COLUMBIA, MISSOURI
 MARCH 16, 1998

INTRODUCTORY
    The City Council of the City of Columbia, Missouri, met for a regular meeting at 7:00 p.m., on Monday, March 16, 1998, in the Council Chamber of the City of Columbia, Missouri.  The roll was taken with the following results:  Council Members CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, and JANKU were present.  The City Manager, City Counselor, City Clerk, and various Department Heads were also present.

APPROVAL OF MINUTES
    The minutes of the regular meeting of March 2, 1998, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mrs. Crockett.

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mayor Hindman noted that R67-98 would be removed from the agenda.
    Upon her request,  Mr. Campbell made the motion that Mrs. Crockett be allowed to abstain from voting on R70-98.  The motion was seconded by Ms. Coble and approved unanimously by voice vote.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mayor Hindman and a second by Mr. Campbell.

SPECIAL ITEMS
    None.

SPECIAL PUBLIC COMMENTS
    None.

PUBLIC HEARINGS
B69-98     Authorizing construction of a 16-inch water main on Clark Lane; calling for bids.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this proposed water main would be in the northeast part of the City and will replace a 6" main approximately 5,100 feet in length extending from Hampton Inn to Ballenger Place.  The estimated cost of the project is $436,500, and will be paid from the water and electric utility.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B69-98 was given third reading with the vote recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B74-98     Approving Hyde Park Planned Commercial C-P Development Plan.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this proposed development will be located at the southwest corner of Nifong and Hyde Park Avenue.  The Planning and Zoning Commission had recommended approval with some conditions.  One condition is that the north driveway be narrowed to one-way, or eliminated, when Buttonwood Drive (south of Nifong) reverts to a two-way street.  The other condition is that Cooper Drive, adjacent to the site, be constructed to City standards by the developer.  Mr. Beck said the goal at this intersection is to establish a network of streets to bypass Route AC.
    Mayor Hindman asked if there was some sort of policy regarding the distance of a driveway from an intersection.  Mr. Patterson said the north driveway meets the requirement for separation from arterial streets -- up to a maximum of 125 feet.  He said the minimum is 50 feet.
    With respect to the freestanding sign that is proposed to be 12 feet in height and 110 square feet, Mr. Kruse said it had been noted in the report that similar dimensions were permitted for the Custom Muffler C-P development plan.  He said the sign Custom Muffler actually constructed was less than the 110 square feet.  Mr. Kruse stated if this application had not been for a C-P development plan, signage would have been limited to 12 feet high and 64 square feet -- yet this proposal is for almost twice that.  He was curious about the logic.
    Mr. Hancock said at the time the Custom Muffler site was zoned and given permission for the signage, the property to the east was still in a residential or office category.  Additionally, he reported as Nifong (east of Buttonwood) is considered a collector street and there is a sign of that size permitted just to the west, staff felt it fair to at least allow a sign of the same size to this applicant.  Mr. Hancock would liked to have seen the sign limited to the exact size that Custom Muffler put in.  Mr. Kruse asked if the proposal is for a monument sign.  Mr. Hancock believed it was, and noted that the plan denoted an internally lighted freestanding sign with a maximum area of 110 square feet, with the approximate location shown on the northwest corner.
    Mayor Hindman opened the public hearing.
    John Huss, an engineer with Trabue, Hanson, and Hinshaw, offered to answer any questions.  Regarding the sign, he said the specific design has not been developed, but the size and height of the sign was basically as specified by staff and accepted by the developer.  He guessed that the sign would end up being smaller and similar in size to the Custom Muffler sign.  Mr. Huss pointed out that this sign would be shorter and smaller than the one installed by Pizza Hut, also east of Buttonwood.
    Mayor Hindman closed the public hearing.
    B74-98 was given third reading with the vote recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B77-98     Authorizing reconstruction project at the Eighth & Cherry parking garage and Percent for
                  Art Project.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this would authorize the third phase of the City's overall parking program for garages in the downtown area.  With the anticipated completion of the new Sixth and Cherry garage in June, staff would like to be in a position to reconstruct the Eighth and Cherry garage.
    Mr. Beck reported that the Eighth and Cherry garage had been built in 1968, and accommodates about 193 parking spaces.  He stated that an alternate bid is proposed that would establish some offices in the garage for the parking utility employees.  These offices are currently located at the Wabash Station.
    A rendering of the proposed garage was displayed as to what the new structure would look like.  Mr. Beck reported that the reconstruction includes a new elevator to meet ADA requirements, brick facade exterior panels, and improved lighting to assure the facility is more user friendly.
    Mr. Beck stated this would be the first structure in the community that would fall under the One Percent for the Arts program.  The estimated cost of the renovation project is $2,286,000, which includes the artwork and the offices.  He said the offices would be bid separately as would the art.  It is anticipated that the project would take about a year for reconstruction.  Mr. Beck said it would be paid for strictly from user fees out of the parking utility, and that there would be no property tax or other general funds of the City utilized.
    Mayor Hindman summarized there are two questions for the Council to consider; one being whether or not to proceed with the reconstruction, and the other having to do with the selection of the art for the facility.
    Mayor Hindman opened the public hearing.
    Paul Albert, 2703 Parker, said the current garage is perfectly good, the floor just need some work.
    Mr. Kruse asked if it could be assumed that when finished, the garage will look like the picture displayed.  Mr. Beck said the Council would be able to select the color of the brick.  Mr. Kruse was curious about the glass stairwell.  Mr. Patterson explained that the glass would be tinted, but would allow for visibility so anyone walking on the stairs could be seen from the street.
    Mr. Janku made the motion that the staff be directed to proceed with final plans and specifications.  The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.
    Martha Hills, Cultural Affairs Manager, described the process followed by the Arts Commission and the Standing Committee on Public Art regarding selection on the artwork for the Eighth and Cherry garage.  She reported that the Committee had met and reviewed 13 submissions.  From those 13, three were requested to prepare full proposals.  She said those proposals were reviewed by the Standing Committee and a recommendation was forwarded to the Commission on Cultural Affairs.
    Mr. Campbell noted that there had been a public vote with the Jamboree project.  He asked if there was anything in this process that would enable such a vote to be taken before a recommendation is made and submitted to the Council.  Ms. Hills said a public vote had not been incorporated, in fact, she reported the committee wanted to recommend only one selection.  After members from the staff reviewed the proposals, a decision had been made to place all three selections on public display.  At that time, a comment box was made available.
    Mrs. Crockett asked if all of the meetings had been advertised.  Ms. Hills said unfortunately, the first committee meeting was not advertised.  Mrs. Crockett asked if all of the meetings had been open.  Ms. Hills said all meetings were open to the public.
    Mr. Coffman asked if the meeting that was not advertised had been the one where the three finalists had been determined.  Ms. Hills said that was correct.  She said there was also a recommendation at that meeting as to which proposal the Committee felt should be awarded.
    K.C. Morrison, Vice-chair of the Commission on Cultural Affairs, and one of the two commissioners serving on the Standing Committee on Public Art, commended the Council for its part in pioneering this first Percent for Public Art project.  He said the Committee was fortunate to have the input of artists, art historians, and museum professionals.  Of the three proposals, Ron Fondaw's design was selected to be the recommendation of the committee.  Mr. Fondaw's use of color and shape to break the strong horizontals of the structure was impressive.  Additionally, Mr. Morrison noted that Mr. Fondaw's design addresses both sides of the building and at all tiers.  His use of the lighting element in the glass staircase intrigued the committee as it transforms the site into a different work of art at night.  After review, Mr. Morrison noted that the Commission had accepted the Standing Committee's recommendation by a vote of 8-1.  He noted that the design had also been presented to the Special Business District Board of Directors, and added that many favorable comments had been received.  He said all three artists had their proposals displayed in the lobby of the Daniel Boone Building.  Mr. Morrison said the comments had been compiled and were available.  He distributed copies of those comments to the Council.
    Molly Strode, 1300 Rosemary Lane, spoke as Chair of the Standing Committee on Public Art and member of the Cultural Commission.  She explained that the procedure established by the Council had been followed.  She noted Mr. Fondaw's impressive resume, and said he has numerous works of art in public places.  The Committee has complete confidence in his ability to complete the project within the time frame and budget allowed.
    Ron Fondaw, 734 Elm, St. Louis, Missouri, displayed slides of previous art projects.  With regard to his proposal for the Eighth and Cherry garage, he used the most essential element of the automobile, the wheel, as the driving engine for the design.  He considered the entire building so the art would wrap around it.  Mr. Fondaw explained it is a very colorful design in cast colored concretes, and he would like to match the colors with the existing bank across the street.  Mr. Fondaw said he would also be using strips of neon lighting in the atrium area to act as signage at night.
    Robert Cunningham, 2504 Waterside Drive, spoke as a member of the team which submitted the cast stone car project.  Because the Percent for Art program represents an expenditure of tax funds, he said all decisions should be made in an open forum.  The printed literature for this project implied that would be the case, it specifically stated that the Standing Committee would interview the contenders before making any recommendations.
    Mr. Cunningham said he was told by the Cultural Affairs Office before a presentation had been prepared that public opinion would be sought and given serious consideration.  What actually occurred was that the Standing Committee met to develop a recommendation to the Cultural Affairs Commission.  He said that meeting was not announced to the public and no public input was sought or received.  In addition, no interviews with the top contenders were scheduled and apparently no minutes were taken at that meeting.  Subsequently, the artists were asked to present proposals to the Cultural Affairs Commission in a public meeting on February 25.  Although the meeting was not well publicized, several uninvolved citizens attended.  After the recommendation was made (Mr. Fondaw's project), comments were solicited from the public.
    Mr. Cunningham reported in spite of Ms. Strode's endorsement, four of the five people that spoke stated clearly that they favored the cast stone cars.  When the Commission members were asked for comments, at least four of the seven favored the cast stone cars.  Mr. Cunningham said the Chair then stated that if the Commission overruled her, that would not mean the recommendation would go to the Council, it would be taken back to the Committee.  Mr. Cunningham thought her mind had been made up in the earlier "closed door" meeting.  He said no merit was given to the opinions expressed at the public hearing.
    Following the Commission meeting, the projects were placed on display in the lobby with a request for public comment.  Mr. Cunningham asked why the City would seek input if it would not be considered, and why do it after the decision has been made.  As of last Friday, he said 32 of the 40 people who expressed an opinion on the proposals favored the cast stone cars.  He asked that the public input that was requested not be ignored, and to allow a vote by the people as they will ultimately pay for the project.  Speaking for his daughter, and the other tax payers of Columbia, Mr. Cunningham asked that a decision on the proposals be put to a vote.
    Regarding his project, Mr. Cunningham explained that cast stone is permanent and pretty destruction proof.  Since the Committee meeting, Mr. Cunningham agreed the artwork could be placed over each entry to the garage.
    Ms. Coble asked Mr. Cunningham if the proposal he had presented to the Standing Committee and the full Commission had included just the one cast stone sculpture over the Cherry Street entrance.  Mr. Cunningham said that was correct.  He said a person at the Commission meeting had asked about creating a second piece.
    Mr Janku asked Mr. Cunningham about his resume.  Mr. Cunningham said he had been working as an architect since 1969 and has received a number of design awards.  He said those had been typically campus projects which require very strict deadlines.  Mr. Janku asked about the ability to get the job done.  Mr. Cunningham explained that his daughter is actually the sculptor, and would be working with a company that does the actual castings.  The person doing the castings has done all of the sculpture work at the Kansas City Zoo.  Mr. Cunningham said his daughter has done a great deal of clay modeling, and he explained the process.
    Mayor Hindman reported during the Jamboree selection process, there had been committee and public involvement, and the two agreed on the same recommendation -- in favor of Jamboree.  In this instance, what little public input there was had been different from the committee's recommendation.  If public comments are considered and the result is a different recommendation from that of the Committee, the Council would be placed in a tie-breaker position.  Mr. Cunningham said that was correct, but he felt the recommendation before the Council was created at a meeting that was not open to the public.  It was his opinion that the selection process should not be handled in this manner.  Mayor Hindman said there is no question that there should have been proper notice given.
    Anthony Addison, 2407 Shepard, said at the public hearing on art he had stated that he preferred the Cunningham art work to the other pieces.  In any case, Mr. Addison had a real problem with applying pieces of art to public buildings, instead of allowing art on or in public buildings.  Applying such suggests that something designed as art is added to something that is designed without art.  He said no architect designs a building merely as a utilitarian structure.  He stated an architect designs as pleasing a building as is possible within his or her talent and budget.  Mr. Addison said if the budget does not permit anything but a utilitarian structure, than the one percent funding should be made available to the architect.  The chances of creating a unified style would be far greater.  At the very least, Mr. Addison thought the architect should have major input into the choice of applied art work.
    Mike McReynolds, 2500 Hillshire Drive, was disappointed that the project chosen was by the one finalist from outside Columbia.  He is in favor of the Cunningham project.  He asked the Council to support local artists and specify, whenever possible, this condition.
    Libby Gill, 500 Westmount, agreed with the Committee.  In viewing the building, the Fondaw art seemed to get more bang for the buck.  She said there is color going up the corner of the building, and the lighting at night provides a different aspect than what is viewed in the daytime.
    Mariel Stephenson, 2111 Rock Quarry Road, spoke on behalf of her mother and herself.  She thought in the future, the committee should be directed to give top priority to the local artists.  She had no objection to the techniques that were legislated, only that the publicity was highly lacking in this particular case.  She had not been aware of the initial meeting or she would have attended.  She had been unable to attend the second public meeting.  Ms. Stephenson could not recall any publicity being put out about the lobby display of the three projects.  She asked where it had been advertised and how widely it had been publicized.  She would like to see the community involved in the selection process.
    Arlene Maminta, 1700 Forum, spoke in support of Ron Fondaw's work.  She said Columbia's downtown is a reflection of the entire City.  Most importantly, she thought the process by which the piece was chosen should be honored.  Ms. Maminta said the Standing Committee and the Commission were appointed to represent the citizens of this community on cultural issues, and it is important to honor their hard work and efforts by supporting their decision.
    Jerry Thompson, a local architect and artist, said he was at the last meeting of the Commission where the decision was made for the Fondaw piece.  He questioned why he had not seen the architect at that meeting or tonight.  He said when art is placed on a building, this alters the piece of art that is already there.  Mr. Thompson said if art is to be an integral part of a building, the architect should have some input in the process.
    In rebuttal, Ms. Strode said that every one of the finalists had been given the architect's name and phone number.  She said all of the finalists had contacted the architect and had discussed the project with him.  Ms. Strode noted that the architect is from Kansas City, not Columbia.
    Mayor Hindman closed the public hearing.
    Mayor Hindman asked Ms. Hills about the publicity regarding the display in the lobby.  Ms. Hills said information on the proposals had been featured on the radio and there had been a half page picture in the paper of the projects on display.   Regarding the issue of using local artists, Ms. Hills understood that Mr. Cunningham's daughter was not living in Columbia.  Mr. Cunningham said his daughter lives in Kansas City and would be there for the next two years.  He said her permanent address is in Columbia, and that she is a graduate of the University of Missouri.
    Mr. Campbell commented that he thought the selection process needs improvement, and he felt the commission would agree with that.  He noted that the first committee meeting had been open to the public, but not advertised.  Mr. Campbell firmly believed that this is public art and the public should have input into it.  As part of the process, he thought there should be a preliminary decision made by the committee, and then thorough exposure and vote by the public.  He thought proposals should be displayed where there is a considerable amount of traffic.  Mr. Campbell said he would like to see the selection process incorporated as part of the Fall Festival.  As far as which piece of artwork should be chosen for this project, Mr. Campbell thought they were both attractive in their own unique ways -- with one being more realist and the other being more abstract.  Based on all of the hard work the Committee has done, Mr. Campbell said he was in favor of accepting their recommendation with the hope that the process will be clarified and modified for future work.
    Mr. Janku agreed with the comment regarding the process, and reported that this is the first project since the Council established the One Percent for the Arts program.  He said as the City moves forward with other projects, staff could ensure that the proper process is followed and that there is more public input.  Regarding local artists, Mr. Janku said he wished a local artist had gotten the recommendation.  Personally, he did not think a circle should be drawn around the City of Columbia, which might imply that local artists are not good enough to compete against artists from other communities.  He said artists from Columbia compete around the country, and he thought the competition should be open here as well.  Mr. Janku reported the program has received significant funding from the national government and the state government, so for it to be said this is exclusively local tax dollars at work really is not accurate.  He said although the process was not as appropriate as the Council would have liked, he thought he would support the Committee's recommendation.
    Mrs. Crockett asked Ms. Hills if the final selection had been made when the three projects had been put on display downstairs.  Ms. Hills said the Standing Committee had already selected Ron Fondaw's proposal at that point.  Mrs. Crockett asked what the purpose had been for displaying the proposals if the recommendation had already been made.  Ms. Hills said the Standing Committee suggested that only one piece be forwarded on for Council consideration, but she had been overruled.  Mrs. Crockett asked by whom she had been overruled.  Ms. Hills said she had been overruled by the staff.  Mrs. Crockett asked if there was a reason the first committee meeting had not been publicized.  Ms. Hills said it was a complete oversight.
    Mr. Beck said the proposals had been displayed on the fourth floor for Council review before the last meeting and, per Council direction, he had announced during the meeting that the artwork would be available for public viewing in the lobby of the Daniel Boone Building.
    Mayor Hindman said the Standing Committee had only made a recommendation for Council consideration, not a final selection.  He thought what has been learned is that there should be a lot of public input in the process, whether it goes to the Committee or to the Council.  Mayor Hindman reported he is inclined to support the Committee's recommendation.
    Mrs. Crockett said she is inclined to go that way also, but wanted it made clear that she is not pleased with the process that had been followed in this instance.
    Mr. Janku mentioned that the Committee's responsibilities is not just to select the art in terms of its aesthetic appearance, but supposedly they have the expertise to evaluate the durability of the art, and to determine if the project can actually be constructed at the cost the artist is proposing.  He said there is a lot that goes into the Committee's evaluation other than just the aesthetics of a particular piece.   Mr. Kruse agreed that there needs to be additional public input in the future.  His preference is that the input be obtained before the Committee recommendation to the Commission.  He said there are people on the Committee that have a lot more expertise in this field and are able to understand how it would actually look.  Mr. Kruse said he is willing to trust their judgment.
    Ms. Coble pointed out that the members of the Standing Committee, as well as those on the Commission, are the "public".  She said there had been nothing suspicious about making the selection, it was a process matter.  She said the posting issue was an error, but did not think that necessarily damaged the full process.  In the future if public votes are structured, Ms. Coble asked that it not be done at the Mall.
    Mr. Coffman agreed staff should look at making the public input more meaningful and more available.  He would like to see enough information disseminated so that people could give informed comments.
    In view of the concern regarding public input, Mr. Campbell thought it would be helpful if projects could be reviewed during the Fall Festival.  He said it would be an appropriate setting for people to look at projects planned for the future.
    Mr. Janku made the motion that the Council accept the Committee's recommendation.  The motion was seconded by Mr. Campbell and approved unanimously by voice vote.
    B77-98 was given third reading with the vote recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

R69-98     Approving the FY97 CDBG and HOME Performance Report.
    The resolution was read by the Clerk.
    Mr. Beck noted that HUD requires that the City prepare a citizen's participation plan each year.  He said this hearing information would be submitted to HUD.
    Mayor Hindman noted that the U.S. Conference of Mayors is educating communities to recognize the value of the CDBG program.  He said they encourage communities to sponsor a CDBG Day to ensure the public is fully aware of the benefits received from Community Development Block Grant funds.  He thought it would be a good idea to promote what the City does with the funds.  Mayor Hindman suggested that highlights of the report be disseminated to the public regarding the importance of CDBG funds.  Mr. Beck said a Channel 13 program could be developed.
    Mr. Janku agreed and added that last year Columbia had received national recognition for the Home Ownership Program funded through this process.
    Mayor Hindman opened the public hearing.
    Reverend William Young, 1801 W. Worley, explained that he is opening a church in Columbia, and is also Pastor of the Bear Creek Mission.  He said these entities are instituting a community development corporation in town, and had been working with the Community Partnership Program, Caring Communities, and several other programs.  The focus of the corporation is to find ways to increase minority participation in the program.  In discussions with the Planning Department, Mr. Young said there are some requirements for qualifications that have been addressed, yet a reason for the lack of minority participation still needs to be determined.  Reverend Young is hopeful that an increase in numbers will be seen next year in relation to what is shown in the 1997 report.
    Mayor Hindman thought it is important for the City to help individuals get into a position to qualify for the program.  He noted that the Community Development Commission has an opening for a resident from the first ward.  He explained that members of this Commission are the citizens advisory group on community development matters.
    Mr. Campbell suggested that Reverend Young also contact the consortium called Boone Works.  He thought there might be some funds available through the Welfare to Work Program that might help with what they were trying to accomplish.
    Mayor Hindman closed the public hearing.
    The vote on R69-98 was recorded as follows:   VOTING YES:  CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

OLD BUSINESS
B73-98     Approving final plat of Watson Place, Plat 2; variance to section 25-43 of Subdivision
                  Regulations regarding additional right-of-way requirements.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this plat is located in the older part of the city when streets were dedicated with different requirements then established today.  This final plat had been recommended for approval by the Planning and Zoning Commission, with a variance to the street right-of-way that would leave the right-of-way the same width as currently exists.
    Jack Waters, owner of the property, offered to answer any question regarding the proposal.
    B73-98 was given third reading with the vote recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B75-98     Voluntary annexation of property owned by Mike and Tammy Wulff located at 2711 Mill
                  Creek Terrace.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that annexation had been requested by the property owners, and there is one single family dwelling on this 3.7 acre tract located in south central Columbia.  The future request for zoning would be A-1.
    Mayor Hindman asked if the property would automatically be annexed into the City with A-1 zoning.  Mr. Beck said the property would be zoned R-1 for six months, and could then be changed when a rezoning request is received.
    B75-98 was given third reading with the vote recorded as follows;  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B78-98     Confirming the contract of C. L. Richardson Construction Company for the construction of
                  Flood Relief Structure at Wetlands Treatment Unit No. 3, and appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that three bids had been received, with the low bid submitted by C. L. Richardson in the amount of $192,393.80 being recommended.  He pointed out that $149,525.00 would be paid by the federal government, $14,952 would be paid by the state, leaving $65,297.80 coming from the Sanitary Sewer Utility fund.
    B78-98 was given third reading with the vote recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

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

B68-98     Appropriating funds for payment of installing fiber optic cable to the Parks Management
                  Center, the Wastewater Treatment Plant, and the Landfill.
B70-98     Vacating utility easements and street right-of-way for an unbuilt portion of Rockman Lane
                  in Nifong Village Subdivision.
B71-98     Approving final plat of Nifong Village Subdivision Plat No. 3.
B72-98     Approving final plat of Garden City, Plat 8, a major subdivision.
B76-98     Authorizing an agreement with Missouri Highway and Transportation Commission relating
                  to Phase IV of the Bear Creek Trail project.
R60-98     Setting a public hearing: playground renovations and improvements at various City parks.
R61-98     Setting a public hearing: special assessments against property benefiting from the
                  sidewalk construction along portions of Katy Lane and Blue Ridge Road.
R62-98     Setting a public hearing: improvements to the intersections of Eighth and Walnut,
                  Broadway and Sixth, Broadway and Hitt, and Broadway and Waugh.
R63-98     Authorizing an amendment to the agreement with the Missouri Highway and
                  Transportation Commission for transportation planning services.
R64-98     Authorizing an amendment to the agreement with the Division of Family Services for the
                  1997 Emergency Shelter Grant Program.
R65-98     Authorizing an amendment to the agreement with Family Counseling Center of Missouri,
                  Inc. for school aged counseling services.
R66-98     Authorizing an agreement with Very Special Arts Missouri and Services for Independent
                  Living to conduct a watercolor workshop.
R68-98     Authorizing an agreement with Boone County for animal control services.

    The bills were given third reading and the resolutions read with the vote recorded as follows:  VOTING YES:  CROCKETT (except B70-98 and B71-98 on which she abstained), CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.   VOTING NO:  NO ONE.  Bills declared enacted and resolutions declared adopted, reading as follows:

NEW BUSINESS
R70-98     Approving preliminary plat of Country Farms, Plat 2; variance to subdivision regulations
                  regarding direct driveway access.
    The resolution was read by the Clerk.
    Mr. Beck explained that approval of this preliminary plat had been recommended by the Planning and Zoning Commission on a 4-1 vote, with one member abstaining.  The tract contains 20.6 acres and is located in south central Columbia.  This would create six lots, with one lot being connected directly to Vawter School Road.  Mr. Beck understood that this plat had been worked out at the time the County's road plan was prepared for this area.
    The vote on R70-98 was recorded as follows:  VOTING YES:  CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  ABSTAINING:  CROCKETT.  Resolution declared adopted, reading as follows:

R71-98     Approving the revised preliminary plat of Thessalia Subdivision.
    The resolution was read by the Clerk.
    Mr. Beck noted that the Planning and Zoning Commission recommended approval of this preliminary plat on a 6-0 vote.  He said it would change a through street to a cul-de-sac street.  Staff felt there would still be good traffic circulation. He said staff also looked at a potential greenbelt situation and understood the developer would possibly dedicate one lot to the City for greenbelt use.
    The vote on R71-98 was recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R72-98     Approving the Charter of the Hinkson Creek Valley Neighborhood Association and
                  recognizing it as the official neighborhood organization.
    The resolution was read by the Clerk.
    A map was displayed on the overhead outlining the boundaries of the proposed neighborhood association.
    Comments were called for with none received.
    The vote on R72-98 was recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:
 
R73-98     Approving the Charter of the Hominy Branch Neighborhood Association and recognizing it
                  as the official neighborhood organization.
    The resolution was read by the Clerk.
    A map was shown outlining the boundaries of the proposed organization.
    Mr. Beck said this proposed association also met the Council guidelines.
    Mayor Hindman asked how the boundaries are selected.  Mr. Hancock explained that there is a policy that was adopted in 1974, and amended in 1977, that outlines the procedures for forming a neighborhood organization, how bylaws should be structured, and how the boundaries are developed.  He said it is somewhat flexible as long as affected residents are given reasonable notice that they are included in the proposed association.  At that point, a petition is submitted and an organizational meeting is held.
    Mr. Coffman asked what would happen if someone came in with an application for another association that would overlap these boundaries.  Mr. Hancock said that has happened in the past and it would get worked out.
    Carl Skala, 5201 Gasconade Drive in the Meadowlands Subdivision, offered to answer any questions.
    Mr. Coffman thanked Mr. Skala for getting involved.  He noted that neighborhood associations provide a great service for the City.
    The vote on R73-98 was recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R74-98     Authorizing the temporary placement of trailers and mobile homes at the Trinity Lutheran
                  Church property at 2201 West Rollins.
    The resolution was read by the Clerk.
    Mr. Beck understood that a copy of the Church's request had been circulated throughout the neighborhood, and there appeared to be no opposition to the project.
    Mark Pfeiffer, an attorney with offices at Tenth and Cherry, spoke on behalf of Trinity Lutheran Church.  He displayed the architect's sketch of the project.  Mr. Pfeiffer noted on the drawing where the recreational vehicles would be parked during the seven month period of time, which would vary from two to eight trailers at any given time.  He pointed out that an eight foot chain link fence with privacy slats will be installed around the perimeter of the property, which would hide all but the tops of the recreational vehicles or trailers.
    Mr. Pfeiffer said the purpose of the new structure is to provide additional facilities for pre-toddlers to have an opportunity for a safe and clean environment.  He reported that although he is not a member of this particular church, he thought this is a worthwhile project for the entire community.  Mr. Pfeiffer stated that the church is non-denominational and, therefore, open to the entire community.
    Mr. Pfeiffer explained Laborers for Christ is comprised of retired people from across the country that participate in these kinds of projects to help reduce costs.  He said the only way the Church can work on this project now, as opposed to five years from now, is to employ this volunteer organization, which is much like Habitat for Humanity.
    Mr. Campbell thought this is a good project, and complimented the Church on reaching out to the neighborhood and obtaining their cooperation.
    The vote on R74-98 was recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU.  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:

B79-98     Approving the final plat of Thessalia Subdivision, Plat 3, a major subdivision.
B80-98     Approving a replat of Lot 87 of Country Club Villas III.
B81-98     Approving final plat of Stoneridge Estates, Plat 1, a major subdivision.
B82-98     Approving final plat of Central Company Subdivision, a minor subdivision.
B83-98     Establishing permanent R-1 zoning on property owned by S.E.R.R., LLC located on the
                  south side of Thompson Road, east of Garden City.
B84-98     Establishing permanent A-1 zoning on property owned by Raymond and Bertha Johnston
                  located on the southwest corner of Vawter School Road and Old Mill Creek Road.
B85-98     Establishing a "Scenic Roadway Area" on a portion of Rock Quarry Road.
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.
B87-98     Calling for bids for the reconstruction and rehabilitation of the parking structure at Eighth
                  and Cherry Streets.
B88-98     Authorizing Change Order No. 1 to the contract with Paric Corporation for the Sixth and
                  Cherry Parking Garage.
B89-98     Authorizing an agreement with Boone County to relocate highway-rail crossing at Spiva
                  Road; appropriating funds.
B90-98     Accepting a conveyance of permanent utility easement from State of Missouri.
B91-98     Appropriating funds for repair of generator #8 at power plant.
B92-98     Accepting conveyances from Cal-Grath, Inc., Lifestyle Homes, Fred and Cheryl Overton,
                  and John A. Swartz for utility purposes.
B93-98     Authorizing construction of playground renovations at various City parks and determining
                  the work shall be done by City forces.

REPORTS AND PETITIONS
(A)     Connecting Commercial Developments (Shared Access).
    Mr. Janku said this issue came to his attention due to problems encountered when shopping areas develop near intersections that initially contains very little traffic, and then as the intersections become more busy, there is not enough interconnection for traffic to easily egress or come out to a central stop sign.  There are some clear examples where problems could have been prevented, and he is hopeful to do so in the future by an appropriate ordinance.
    Mayor Hindman agreed.  He had concerns about commercial developments on corners that do not establish a shared access.  He said if this access is not developed, it will lead to a similar situation that exists at Providence Road and Route AC.  Mayor Hindman is not clear as to whether or not an ordinance would address that problem.
    Mr. Janku thought the staff had worked out a condition that a plan must be in place for an entire piece of property that involves large tracts under one ownership, not just for the portion being platted.  He saw the problem as being at what point should a plan be required when a rezoning request comes in from a contract purchaser that would provide a link to the larger adjoining property.
    The Mayor did not think the public should be caught with a bad situation, and felt more thought should go into those kinds of situations.
    Mr. Campbell saw two different sets of problems, one of which the Mayor referred to regarding existing situations where property has already been platted.  He thought the Council should clearly set the goal for new plattings.
    Mayor Hindman envisioned a problem with new plattings involving individual owners when only one is ready to begin development.  He is also bothered by driveways that are too close to corners, similar to the situation at Forum Shopping Center.
    Mr. Campbell made the motion that staff be directed to prepare a draft ordinance to be referred to the Planning and Zoning Commission for public hearing, review, and recommendation to the Council.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

(B)     Proposed Revisions to the Parking Lot Screening and Landscaping Requirements.
    Mr. Beck noted that this report was generated to better address the distribution of trees in parking lots.
    Mayor Hindman thought most of the staff suggestions were pretty good.  He suggested asking for a draft ordinance that incorporated the suggestions.
    Mrs. Crockett asked if a landscape architect is a registered architect.  Mr. Hancock believed such a person needed to be licensed and registered.
    Regarding parking lot designs and standards, Mr. Janku asked if there were any guidelines that could be applied based on regulations.  Mr. Janku asked if there were any provisions for cross traffic in any of the standards.  He also wondered about any standards for stop sign placement.  Mr. Patterson said there were not any specific standards other than breaking the parking lot up with 150 spaces.  He said there are standards with regard to width of spaces and width of lanes between parking areas.  Mr. Hancock pointed out that the previous report addressed access between parking lots.  He said staff would try to look at that as well.
    Mr. Campbell asked about the maintenance of plant materials and how long dead trees could be left before replacement must occur.  Mr. Patterson said if the trees are part of the required landscaping in the zoning ordinance, it becomes a violation of the zoning ordinance if these are not replaced (there is a notification and enforcement process in place).  However, if the trees in question are in excess of the minimum landscaping requirements, there is not much the city can do.
    Mr. Coffman thanked the staff for the report and said he liked all of the recommendations.  He had been initially concerned about the Hollywood Theatre complex as so many of the trees seemed not to be in the parking lot.  He thought buffer strips with trees situated in various locations throughout large parking lots was simple and a good way to go.
    Mayor Hindman pointed out that the Hollywood Theatre had voluntarily planted trees in their parking lot.
    Mr. Coffman made the motion that staff be directed to draft an ordinance incorporating the recommendation in the report to be sent to the Planning and Zoning Commission for their review and recommendation to the Council.  The motion was seconded by Mr. Kruse and approved unanimously by voice vote.

(C)     Adopt A Spot Beautification Update.
    Mr. Beck explained that the report showed that since November of 1996, 22 beautification Adopt A Spot partnerships have been formed.
    Mr. Janku asked Mr. Beck if any additional information had been obtained regarding the possible adoption of the downtown planters.  Mr. Beck said he would bring that up again as he thought these planters should be adopted.  Mr. Beck also suggested instead of installing a sign referencing the individual/business responsible for adopting the site, a small plate could be attached to the side of the planters.
    Ms. Coble said she had asked about the possibility of an Adopt A Kiosk for the downtown area.  She is still waiting for a report.  Mr. Beck said he would find out who is working on it and report back.
    Mayor Hindman said he is pleased with the progress in the City's volunteer world.

(D)     Street Closure Request.
    Mr. Beck said this is an annual request for Palm Sunday, April 5th, to close East Broadway and Ninth Street at Eighth and Tenth Streets and East Walnut and Cherry Streets, between 9:45 a.m. and 11:15 a.m.  He said the Central Columbia Association had recommended approval.
    Ms. Coble made the motion that the request be approved.  The motion was seconded by Mr. Kruse and approved unanimously by voice vote.

BOARDS AND COMMISSIONS
    Upon receiving the majority vote of the Council the following individuals were appointed to the following Commission.

CULTURAL AFFAIRS COMMISSION
Altomari, Susan A., 5480 Autumn Drive, County - term to expire 4/1/01
Basnett, Rhonda K., 100 Keene #2, Ward 3 - term to expire 4/1/01
Stevens, Christopher M., 1501 W. Broadway, Ward 2 - term to expire 4/1/01
Strode, Molly K., 1300 Rosemary #3, Ward 6 - term to expire 4/1/01

COMMENTS OF THE COUNCIL, STAFF, AND PUBLIC
    Regarding street closure requests, Mr. Campbell said he had received a call from someone who had received a letter from the Police referencing that there would be charges made for police units used to escort certain groups.  Mr. Campbell said if there is to be such a policy, he would like to see it referred to the Council for thorough discussion.  Mr. Beck said the implementation of the policy has been placed on hold.  He said staff is working on a more defined policy that could be publicized.  Mr. Beck suggested that a report be submitted to the City Manager's office so he could refer it to the Council.
    Ms. Coble said she had been receiving a lot of calls regarding the Community Policing Program.  She said it is difficult to answer the questions she has been getting given the scale and the size of the map that one has to refer to.  She asked if there was a way the Police Department could produce materials that would show in greater detail (in a larger size) who the beat officers are by shift for the different sections/grids of the City.  It would also be helpful to provide an overlay that outlines where the neighborhood association boundaries are as well.  In addition, Ms. Coble suggested there might be an opportunity to include the telephone numbers for the two Captains and the non-emergency numbers in the department, and a listing of volunteer opportunities within the City.  She said this could be a resource guide that would not have to be very expensive to print.  Ms. Coble asked for a report or a determination of the feasibility.
    Deputy Chief Veach said staff had already done quite a bit of what Ms. Coble described.  He said there is a very large map in the lobbies of the police department and the Daniel Boone Building.  He said much of the information had also been made available through City Notes.  Deputy Chief Veach pointed out that the Neighborhood Association Convention would be held this Friday.  He reported the department would be there in force to supply all of the requested information.  Deputy Chief Veach said staff would work on the other issues mentioned.
    Ms. Coble thought this is a measure of the success of the community policing program -- the types of calls she is receiving has changed from specific problems to a desire by residents to connect with "their officer".
    Mr. Janku commented that this is the time of year staff begins to develop recommendations for Community Development Block Grant funding.  He wanted to make a pitch for the sidewalk connecting Business Loop and Texas, crossing I-70.  He said it is shown on the Master Plan as a priority sidewalk.  He said it had been noted that the walk would provide access for students attending Hickman High School, as well as providing access to Cosmo Park and north Columbia.
    Mr. Janku noted that the East Campus Neighborhood Association is sponsoring a beautification day.  He asked that other neighborhood associations be notified about working with the staff in terms of dumpsters that would help with neighborhood clean-ups.
    Mr. Campbell spoke about the conference on Sustainable Cities to be held from April 9th-10th at the University.  He said one thing the Council could do would be to look at City ordinances.  He said mono-zoning has been encouraged for decades, and now there is a need for more viable, integrated types of zoning.  He thought one area to look at would be the planned urban development zone, something on the books that is seldom used.  He passed out a preliminary idea sheet that he thought the Council might want to discuss at a later time.
    Mr. Kruse suggested looking into a more wheelchair accessible area in the Council Chamber.  He was interested if an area would be available more near the door, up in front.  Mr. Beck explained that a row of seating had been taken out so that people could approach the podium in wheelchairs down the center aisle.
    Mr. Coffman asked about the status of the traffic light at Audubon and Stadium.  Mr. Patterson reiterated that the developer has an engineer hired and they would be doing the plans and specifications.  He said it would be up to the Highway Department for approval.  Mr. Patterson said when he got something on it he would bring it to the Council.
    Mayor Hindman said the Council had approved the engineer's report for sidewalks along Forum and Katy Lane.  Although the sidewalk system runs almost from the MKT Trail bridge on Forum up to Stadium, he said there is no good access to the Trail.  He wondered if there should be something that either goes across the bridge to the parking lot entrance, or maybe a connection to the Trail.
    Mr. Kruse mentioned an article by Nick Peckham regarding PUD's.  He said it was a very well-written article, and thought the Council needed to look at developing a traditional neighborhood development ordinance.  He said there were models for them around the country, and added that he did not think it necessarily needed to supersede the City's existing zoning ordinances.  Mr. Kruse reported it would be another alternative for a subdivision.
    Mayor Hindman said if such an ordinance is created, the City would need to make it economically beneficial so the developer would want to use it.
    Mayor Hindman asked if he understood correctly that there are no landscaping requirements on industrial land.  Mr. Kruse said the landscaping ordinance does apply to industrial, it applies to everything zoned from R-3 and above.
    Mr. Janku said at the last meeting the Council had approved the zoning request for a large industrial tract on 763.  He did not think the developer had been required to install sidewalks, or even any kind of temporary path, but it would certainly be helpful if there could be some sort of pedestrian path.
    Mayor Hindman thought there was a requirement for sidewalks on industrial land unless it is found there is no need.  Mr. Hancock said there is a clause in the subdivision regulations that stipulates walks are required unless the Planning and Zoning Commission or the Council feels they are not needed.  Mr. Hancock said the property Mr. Janku was referring to would have to be subdivided, and the applicant would have to go through a variance process.
    Paul Albert, 2703 Parker, spoke about the Eighth and Cherry garage.
    Jan Pritchard, 3505 Rock Quarry Road, spoke on behalf of the Grindstone/Rock Quarry Neighborhood Association Committee on Scenic Roads.  She was aware the ordinance had been introduced this evening regarding establishing Rock Quarry as a scenic road, and that it would be voted on April 6.  She noted the original ordinance was passed on March 17, 1997, almost exactly one year ago.  Ms. Pritchard thought the ordinance is very workable now, and felt all issues had been addressed.  At the Planning and Zoning Commission meeting, she reported Jeff Barrow had said he would like to see some kind of signage at the north end of the road identifying Rock Quarry as a scenic road.  Ms. Pritchard noted that the owners of the Sinclair Station had approached her and said they would discuss the possibility of allowing the sign to be put on the edge of their property, at the head of the road, so it could be seen from Stadium Boulevard.  She thought this issue could be discussed once the road is designated as scenic.
    Mayor Hindman made the motion that the Council adjourn to a closed meeting immediately following this meeting to consider litigation in accordance with the authority of Section 610-025 RSMo.  The motion was seconded by Mr. Janku with the vote recorded as follows:  VOTING YES:  CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE, JANKU. VOTING NO:  NO ONE.  Motion passed.
    The meeting adjourned at 10:20 p.m.

                                                                                         Respectfully submitted,

                                                                                         Penny St. Romaine
                                                                                         City Clerk