JUNE 1, 1998

    The City Council of the City of Columbia, Missouri, met for a regular meeting at 7:00 p.m., on Monday, June 1, 1998, in the Council Chamber of the City of Columbia, Missouri.  The roll was taken with the following results:  Council members COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN and HINDMAN were present.

    The minutes of the regular meeting of May 18, 1998, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mrs. Crockett.

    Mayor Hindman noted that B152-98 had been withdrawn.  It was noted that there was a request for continuance of B157-98 for 30 days.
    Upon her request, Mr. Campbell made the motion that Ms. Coble be allowed to abstain from voting on R126-98.  The motion was seconded by Mrs. Crockett 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 Mr. Kruse and a second by Mr. Janku.

1.     Presentation by Cosmopolitan Luncheon Club.
    Skip Walther, President of the Cosmopolitan Luncheon Club, presented the City with two checks totaling $25,000 to be used toward the skateboard facility in Cosmo Park.  He said Cosmo Park is the ideal place to locate this facility, and the Cosmopolitan Luncheon Club is proud to help the Parks and Recreation Department build a state-of-the art facility.
    Mayor Hindman accepted the checks on behalf of the City, and said this substantial contribution will make a big difference in what the skateboard park will be.
 Mr. Hood commented that the staff truly appreciates the commitment of the Cosmo Club.  He said this organization has helped the Parks and Recreation Department for over 50 years.

1.     Bill and Eleanore Wickersham - City's Contract with Salute to Veterans Inc.

    Eleanore Wickersham explained an incident which occurred at the most recent air show at the airport.  She explained she and others were collecting signatures on a petition for the Missouri Voters for Clean Elections, and they were ordered to leave and escorted part way out of the airport by the coordinator of the event.  Mrs. Wickersham was told that the Salute to Veterans Corporation owned the airport for the air show, and the group could only collect signatures off the tarmac -- in the parking lot.  Another member of the group had been escorted off the grounds by a Columbia Policeman in uniform and was told that the property was private.  Mrs. Wickersham did not believe this is how the City envisioned its citizens being treated when the contract for the air show was approved.  She did not understand why the Salute to Veterans Corporation felt they had a right to abridge the First Amendment rights of citizens.   Mrs. Wickersham reviewed the current agreement and said the airport was not privately owned for the two days, but rather the City granted privilege of use only.  It is clearly stated in the legal agreement that federal, state, city and county laws, ordinances, and regulations would be complied with.  At no time did the City state that this organization had the right to make their own laws.  In addition, Mrs. Wickersham attempted to obtain a copy of the security and crowd control plan, required by the agreement to be submitted ten days prior to the event, and it appeared this is not being done.  Mrs. Wickersham asked that the practices of the group be reviewed.
    Mr. Coffman asked if representatives from different branches of the armed forces were in attendance for recruiting purposes.  Mrs. Wickersham said there were.  Mr. Coffman asked if these organizations were in the general area where people were gathering.  Mrs. Wickersham thought so.  She remembered them being pretty visible and in the center of things.  Mr. Coffman asked if they were distributing literature.  Mrs. Wickersham said perhaps they were.  Mr. Coffman questioned if Mrs. Wickersham's group had positioned themselves in any manner.  Mrs. Wickersham said she was constantly on the move and the area was very wide.  She said one would have to move from one place to another in order to make contact with people.  She said it would have been impossible for anyone to block any kind of entryway.  Mr. Coffman asked if her group had been making speeches or anything that would be disruptive to the show.  Mrs. Wickersham said they were not.

B147-98     Voluntary annexation of property located on the east side of State Route KK, south of Mill Creek;
                   establishing permanent zoning in District R-1.

    The bill was given second reading by the Clerk.
    Mr. Beck said this 50 acre tract of land located south of Columbia had been recommended for approval by the Planning and Zoning Commission, as well as the City staff.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B147-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B149-98     Voluntary annexation of property located on the east side of Scotts Blvd., south of Hinkson Creek;
                   establishing permanent zoning in Districts C-P and R-1.

    The bill was given second reading by the Clerk.
    Mr. Beck noted this is a 94 acre tract in which C-P zoning is requested for 14 of the acres, and R-1 zoning is requested for the remaining 80 acres.  He pointed out that the City acquired part of this farm some years ago as part of the open space plan adjacent to and south of the MKT Trail.  He noted the rezoning request had been recommended for approval by the Planning and Zoning Commission as well as by the City staff.
    Mayor Hindman opened the public hearing.
    Bob Walters, 405 Sudberry, spoke as the agent for the property owners.   He said the R-1 portion of the property would be a low density residential development on a series of ridges on Vawter School Road.  He said the road is currently under construction for improvement (widening, straightening, flattening), and believed it would be closed to through traffic next Monday.
    Mr. Walters displayed an overhead of the 14-acre tract proposed for C-P zoning.  He estimated that 35-40% of the tract would be in the flood plain, and the only areas to be developed would be the top of the ridges.  By suggesting C-P zoning rather than open commercial zoning, Mr. Walters felt the applicant is addressing the most immediate neighborhood concerns which might occur -- signage, lighting, screening, and landscaping concerns.  He said the nearest commercial area is approximately 1 1/2 miles away in any given direction.
    Mayor Hindman asked about the five outlets onto Vawter School Road.  Mr. Walters said the number of outlets could be decreased, but there will be at least four access points.  He said a concept review had been prepared with the assistance of City staff, and if the project does proceed in that direction, the developer will have to deal with such issues as right turn lanes to facilitate traffic stoppages and so forth.  With the flood plain bordering almost the entirety of the property on the north, and also some of the steeper terrain on a portion of the ridges, Mr. Walters said it would be difficult to connect them. He said the incorporation of access points is planned, although it may not be at the end of the cul-de-sacs.  These may be access points that would allow homeowners to get to the common area or to the flood plain area.  Mr. Walthers explained that it is proposed the flood plain would be retained in the R-1 portion, with the thinking that access from the other side of Hinkson Creek would be difficult from the City owned property.  He said the home association that would be formed could maintain this area.
    Mr. Janku asked what type of access is planned between the residential and commercial tracts.  Because of the flood plain behind the commercial area, Mr. Walters said it would be difficult to have any sort of a road access.  He said the flood plain area is attractive and, except for times when it floods, he saw it being used as field and trail areas.  He said plans have not proceeded far enough to say there will be a trail access up to a given point.
    Mr. Kruse noted there is not a lot of residential development in this area.  He asked when Mr. Walters anticipated the commercial land development taking place.  Mr. Walters said that is difficult to project at this time.  He explained that one of the physical difficulties is that the site requires the extension of a 12-inch water line from Mill Creek Road (one-half mile away), and that would be a relatively large expense.  He said another potential problem was the lack of sewer. He anticipated it would take a couple of years before the commercial development would begin.
    Mayor Hindman closed the public hearing.
    Mr. Kruse said he intended to vote in favor of the request, but is troubled about making a decision without a comprehensive growth management plan in place for the metropolitan area.  On the other hand, the point made about there not being any commercially zoned land available for 1 1/2 miles in any direction makes this an ideal intersection to have commercial property.  Mr. Kruse said as the City grows, he would like to see neighborhood commercial areas available within a ten minute walk of any residence.  He said this plan would come close to accomplishing this goal.
    B149-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B150-98     Voluntary annexation of property located on the east side of Grant Lane, south of city limits;
                   establishing permanent zoning in District R-1.

    The bill was given second reading by the Clerk.
    Mr. Beck explained that this ten acre tract of land is located in southwest Columbia.  He noted that the Planning and Zoning Commission had recommended denial of the request on a 6-2 vote.  The Planning and Zoning meeting minutes reflected that some of the Commissioners felt this should be a PUD rather than open R-1 zoning.
    Mayor Hindman opened the public hearing.
    Gary Oxenhandler, an attorney with offices at 220 N. Eighth, spoke on behalf of Bryan Duffield, Don and Sharon Ginsburg, and John and Fran Welek, the current owners of the tract in question.  He introduced several speakers and asked for an opportunity to make final comments at the close of the public hearing.
    Jay Gebhardt, an engineer with Allstate Consultants, distributed copies of a preliminary plat for the site.  He indicated that changes had been in order to address concerns that had been expressed.  He noted that the tract is zoned R-S in the county, the equivalent to R-1 zoning in the city.  He said everything around the tract is also zoned residential, with the exception of the A-1 zoned tract to the east owned by the Conservation Department.  Originally, there had been 12 lots shown on the plat -- 11 new lots and the existing house being the twelfth.  Two of the lots have been eliminated that fronted on Grant Lane.  Mr. Gebhardt said the applicants decided to combine the lots in such a fashion, and impose upon themselves a restriction, to not allow any access for private driveways onto Grant Lane.  The only access to Grant Lane would be Holly Hills Court and the driveway to the existing home.  This would be accomplished by planning a non-access easement along the road.
    Mr. Gebhardt said the neighbors had mentioned concerns regarding soil erosion, storm water, and other environmental issues.  He explained these matters are addressed by the City's land disturbance ordinance.  Another concern related to an elevated sewer on Lot 6 of Westcreek.  Mr. Gebhardt and one of the developers met with the owners of that lot, and left the meeting with the understanding the owners would agree to an off-site easement -- allowing for the sewer to be rerouted so as not to be readily visible.  Mr. Gebhardt said the applicants also decided to self-impose screening on the north parts of Lots 101 and 102.  The screening would be subject to the same requirements in the zoning ordinance between commercial and residential property -- the 80% opacity.  He said there was also a question about the location of the street and whether it has adequate sight distance.  This had been checked and it probably was not as good as it could be, but the Public Works Department was designing the road and it would only get better.
    Mr. Campbell asked if the development would begin this summer.  Mr. Gebhardt said that was the plan.  There is a preliminary plat scheduled for review by the Planning and Zoning Commission this Thursday, and it should be presented to the Council at the following meeting.  Mr. Campbell asked if there is a setback requirement on the north side where the screening for the houses would be.  Mr. Gebhardt said there is a 25 foot rear yard setback, and the plantings mentioned previously would be in that setback.
    Mr. Kruse asked where it is anticipated the buildings would be placed on the two lots.  Mr. Gebhardt anticipated those to be closer to Holly Hill Court than to the north.  He said builders tend to shy away from building long driveways because of the economics.
    John Welek, explained that he is a custom home builder in Columbia, and he spoke to the owners of Lot 6 regarding the elevated sewer.  These individuals agreed to grant an easement for the sewer.  Mr. Walek also met with a landscape consultant, and all of the trees on this piece of ground had been plotted.  In doing so, this assisted in determining how the lots would lay, what existing trees could remain, and the placement of lot lines to ensure the integrity of the development.  Mr. Welek said there is no intention of removing any more trees than necessary with regard to the road that will have to developed to provide access to the homes.
    Mrs. Crockett asked about the price ranges of the homes.  Mr. Welek said with the size of the lots, he would guess the homes would range anywhere from $300,000 to $500,000.  The houses he has built in the last several years ranged from $300,000 to $700,000.
    Stuart Cavcey, 217 Heather, explained that he is the consulting horticulturist Mr. Welek referred to earlier.  He said Mr. Welek and his group seemed to be very sincere in trying to uphold the integrity of the property.
    Mr. Campbell asked what trees would be moved.  Mr. Cavcey said there are quite a few sweet gum trees on Lots 101 and 102 that could be moved.  There are also a couple of dogwoods that can be moved as well.  Mr. Welek estimated that a total of 10 to 12 trees are suitable for moving.  However, the trees would not be moved until the fall.  Mr. Welek added that these trees would not be disturbed when the road is constructed.  He anticipated that road construction could begin some time in August.
    Don Ginsburg, 3804 Bray Court, said he has been a real estate agent for 16 years, and has lived in Columbia for 29 years.  He and his wife are looking forward to building a home on this spacious tract of land with a view of the Hinkson Valley.  He pointed out that the vast majority of lots in newer subdivisions are typically 70 to 80 feet wide and 110 to 125 feet deep.  Mr. Ginsburg reported if financial gain had been the only intention for purchasing the property, the development could have been planned with those kinds of dimensions in mind.  He stated there have been meetings with the neighbors, and felt all of the legitimate concerns had been addressed.  In addition, the exterior facade of the existing older home on Grant Lane will be improved.  Mr. Ginsburg said if ever R-1 was appropriate, this is most certainly true in this instance.
    Elizabeth Lane explained that she is one of the property owners living on the private lane adjacent to the subject tract.  Ms. Lane said it is obvious this land will be developed if the Council decides to annex it, but the issue is how it would be best developed under the City's subdivision regulations.  Her suggestion is that it be zoned PUD.  Ms. Lane explained the property could be developed as has been proposed with an R-1 density, but the City would have more deliberate control over how it would be developed.  She reported intentions are always good, but are not always a reality.  She said the applicants had done a lot of good things, but this did not occur until the property owners got interested.  Ms. Lane said that additional improvements could be made and are even required under a PUD.  She understood a PUD would mean a little more time and expense to the developers, but $300,000 to $500,000 homes are very large and would displace a lot of trees resulting in additional erosion and storm water.
    Mrs. Crockett asked Ms. Lane if she is aware that when someone buys a lot in a PUD, they could ultimately strip the lot of all trees.  Ms. Lane said that was not her understanding after reading the definition for this zone.  She said the developer would have to file a letter of intent under a PUD.  Mrs. Crockett asked Mr. Hancock to explain.  Mr. Hancock said the statement of intent is meant to supply information as to the housing style, the setbacks, the number and size of the buildings.  He did not know if there had ever been tree protection on a PUD.  Ms. Lane understood protection and preservation of landscape integrity to be an essential component.  She felt it would be within the City's parameters to do so.  Mr. Boeckmann said he did not think that is included in the statement of intent.  He said there are a number of specific items listed.  Mr. Hancock said there may be a way to designate protected areas on lots, but practically speaking, when someone purchases a lot they may or may not know it is in a PUD.  He did not know if that would be something the Council would want to impose on this tract -- to go beyond what the land disturbance act requires now in terms of mature stands of trees.  Mr. Hancock noted there might be extraordinary setbacks to keep buildings out of a stand of trees, but not necessarily to mandate preservation.
    Aside from the PUD issue and not knowing where the footprint of each building would be, Ms. Coble asked if there were other things that would remain unsatisfactory.  Ms. Lane said the self-imposed screening mentioned earlier could include a fence being erected just on the other side of the screening.  With the layout of the private street, the fence would basically be six inches off the edge of the pavement, which would cause great hardship for residents getting in and out of their driveways.  And with only a 25 foot building line, Ms. Lane said it is conceivable that development could occur within the 25 foot setback -- even with the screening.  She said it would be more appropriate to have, in addition to screening, a greater rear yard setback.  That would prevent a house from being built right up and adjacent to her house.  Ms. Lane also observed Lot 103 is located on a ridge containing many trees.  She said if development occurs on this ridge, a great deal of trees will have to be removed.  She pointed out there are other concerns relating to storm water erosion and flooding as well.
    Mrs. Crockett asked about the driveway situation and whether residents use this property to get out of their driveways.  Ms. Lane said they did not.  Mrs. Crockett asked why a fence would pose a problem for exiting out of driveways.  Ms. Lane said the end of her car could be on this land and, if a solid fence is erected, she could back into it.  Mrs. Crockett asked when Ms. Lane purchased her home whether she understood this property could be sold at some point in time.  Ms. Lane said it had been the intent that if the tract was ever sold, either herself or the Smith's would buy the property.  They had asked for the right of first refusal, but it had not worked out that way.
    Algalee Adams, 2604 Grant Lane, explained that her house is adjacent to the private road, which is adjacent to this tract of land.  Ms. Adams is concerned about surface run-off.  She explained when it rains, a great flood of water comes down from Wolfcreek Drive into a culvert underneath the road and empties out on her land.  In a hard rain, she noted it is like a raging mountain stream.  She said the soil has been eroded away and has caused flooding in three backyards that are visible from her kitchen window.  Ms. Adams explained that she has just spent $3,000 on a retaining wall because her land was eroding away from the foundation of her home.  She said if that is an example of how storm water will be controlled, it is not being done very well.  In addition, if ten more homes are built on the other side of the road, the surface water run-off will be greatly increased.  Ms. Adams is delighted to hear there would not be five driveways coming out onto Grant Lane.  She urged the Council to approve a plan submitted under PUD, which would outline the intentions of the developer and require that any changes be approved by the Council.
    Deborah Smith, 2610 Grant Lane, owner of the last house on the private drive, said she realized this tract would be developed, but is concerned because she and her husband own the private drive from which the other houses have easements from.  She said they actually own four inches of soil on the other side of the driveway.  She is in favor of screening, but right outside her front door will still be a three story house.  She thought the setback should be more than 25 feet.  Ms. Smith asked that the Council consider a PUD-1, which is what the Planning and Zoning Commission recommended.
    Gary Oxenhandler, attorney for the proponents, noted that the owners had presented the preliminary plat when there really had been no need to.  They felt it is important to demonstrate their intentions, and the self-imposed restrictions would occur with regard to this project.  Mr. Oxenhandler stated this would be a quality development and deserves the acceptance of the annexation and the rezoning from R-S to R-1.  He did not think anything would be accomplished by a PUD.
    Mr. Oxenhandler restated the two self-imposed conditions include: (1) the northern 25 foot setback area shall be screened with landscape materials as per the specifications listed in Section 29-25 (e)(5) of the zoning ordinance for screening residential property; and (2) there shall be no additional driveway access on to Grant Lane, the only access on to Grant Lane shall be the existing drive to the existing home on Lot 110 and the proposed public street, Holly Hills Court.  This will be accomplished by granting a non-access easement on all lots adjoining Grant Lane, with the exception of Lot 110.
    Mr. Campbell asked if a two week delay would be in order to give the neighbors a chance to review the situation.  Mr. Oxenhandler said it would handicap the owners and they would oppose an extension.  The property owners are under the impression that they have gone beyond what is required under any circumstances in meeting with the neighbors and presenting them with what the intentions were for the property.
    Mr. Coffman asked if the staff had seen the plat.  Mr. Hancock said they had seen it this morning.  Mr. Gebhardt said the plat before the Council now is the same one that will be presented to the Planning and Zoning Commission this Thursday.   Mr. Campbell said there would be an opportunity for additional public input.  Mr. Gebhardt said there would be two more occasions for such -- one at Planning and Zoning and one before the Council two weeks from tonight.
    Mayor Hindman closed the public hearing.
    Mr. Janku asked about the storm water questions that were raised, and wondered if there was any way of minimizing the present problem when Grant Lane is improved.  Regarding storm water, Mr. Patterson said this property is subject to the land disturbance permit stipulations, which means a final plat must be submitted that includes a land disturbance plan for the entire acreage.  He said that will require the developers to demonstrate that they have a means of adequately controlling storm water run-off, and the types of control and the location of such control will have to be specified.  Regarding Grant Lane, staff is in the design process of the project and consideration of sight distance and intersection of streets is certainly something to be addressed with the design.  He thought the construction was scheduled for 1999.
    Mr. Campbell asked if there were any differences in storm water requirements between R-1 and an R-1 PUD.  Mr. Patterson said there were not.  He said both would have to meet the same requirements in order for the final plat to be approved.  Once the protection of the property during development is assured, Mr. Patterson said afterwards there are opportunities for trees to be taken out on both a PUD and R-1 development.
    Mayor Hindman said one of the problems is that the City allowed the private driveway to occur, and the existing houses face this driveway.  He said this could be grossly unfair to those people who face the private driveway if the developer were to ignore their interests altogether.  Mayor Hindman thought the developer is doing some good things to help alleviate concerns, even though they are not responsible for the situation.  He did not see any reason for the Council to not proceed with the annexation request.
    Mrs. Crockett pointed out that the applicant is asking for R-1 zoning.  She felt this would be a top notch development, and the annexation and rezoning requests should be approved.
    Mr. Campbell said had this plat been submitted for almost any other site in the City, the Council would have quickly praised the design and approved the plat.  He previous discussions with the residents about their desire for a PUD and thought there was some merit; however, he felt the developers have answered most of the questions raised by the neighbors.  He said the question about where the buildings will be located is very serious as that places a lot of restrictions on a property owner.  Because residents will have at least two more opportunities for additional comments regarding the development of the property, Mr. Campbell said he is willing to support the request.
    Ms. Coble said she would support the request as it had been presented this evening.
    B150-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B153-98    Authorizing replacement and relocation of the water mains along Elm Street, from Hitt Street to Ninth
                  Street; determining work will be done by city employees.

    The bill was given second reading by the Clerk.
    Mr. Beck explained that this is in the downtown area where Elm Street will be widened and repaved by the University.  The City plans to install a water to close a loop in the system.  The estimated cost for the project is $22,500, which will be paid out of the water and electric utility.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B153-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B157-98     Amending Chapter 29 of the City Code to establish an historic preservation overlay district.

    The bill was given second reading by the Clerk.
    Mayor Hindman explained that certain individuals representing various interests are negotiating a recommendation to the Council on this issue, and have requested a 30 day continuance.
    Mr. Beck noted that this issue has been in the works for several years.  He said several suggested changes had been submitted since the agenda packets were sent out.
    Mayor Hindman opened the public hearing.
    Debbie Sheals, 406 W. Broadway, speaking on behalf of the Historic Preservation Committee, said the Committee is in agreement with the continuance.  She felt both sides are close to an agreement.
    Ben Londeree, President of the Columbia Apartment Association, said all parties had been working very hard on this issue.  He felt progress is being made, and would also like more time to work things out.
    Mr. Coffman thanked everyone for working so hard on negotiating a solution.
    Mr. Campbell made the motion that B157-98 be tabled to the July 6, 1998, meeting.  The motion was seconded by Mr. Coffman and approved unanimously by voice vote.

B161-98     Approving the O-P Development Plan of Boone Hospital Medical Park, Phase 2.

    The bill was given second reading by the Clerk.
    Mr. Beck explained that this proposed development plan consists of a 145 space parking lot to be located on the east side of North William, south of East Walnut. The plan had been recommended for approval by the Planning and Zoning Commission, subject to the construction of a sidewalk along the private driveway through the area, and that screening be provided on the north side of the parking lot.
    Mr. Coffman was concerned about the screening.
    Mayor Hindman asked if there was a requirement that a sidewalk be placed along a private drive.  He also asked about the sidewalk along Walnut.  Mr. Hancock explained staff recommended, prior to any other development on this site, that a sidewalk be in place along the north side of Walnut.  With a parking lot, he explained there is no standard trigger to use, such as a certificate of occupancy or a building permit, to force the sidewalk construction to occur.  He said a walkway of some sort might be appropriate on the private drive.  Mr. Hancock said staff would prefer to have a sidewalk in as soon as there is a building on the property.
    Mayor Hindman opened the public hearing.
    Tom Schneider, an attorney with offices at 11 N. Seventh, spoke on behalf of the Boone Hospital Center Board of Trustees.  He displayed a diagram of the overall project for clarification.  He explained that the Iowa based Graham Group plans to build a new medical office building between the two existing medical office buildings, Stephens Park Medical Building and Medical Plaza.  Immediately to the north will be a 70 space parking lot, all of which is south of the private drive.  The entire development is zoned O-1, not planned office.  Mr. Schneider said there are requirements of an additional 145 parking spaces in connection with the new medical office building that is proposed on the subject site.  This tract is zoned O-P -- thus the reason for this hearing.  Mr. Schneider agreed the issue concerning the sidewalk along Walnut, as well as the screening, should be deferred until there is an actual building on the planned office tract north of the private drive.  He said the Graham Group has a 52 year lease on the proposed medical office building as well as the parking lot.  Mr. Schneider pointed out that the Board of Trustees is not the party in interest to address the issue of the sidewalk or what sort of screening may be required or acceptable to the developer.  Should those issues be deferred until a building is constructed on the O-P portion of the project, Mr. Schneider said the issue could be resolved between the City and the Graham Group.
    Mr. Campbell asked what the distance was between the parking lot and the building.  Mr. Schneider guessed it be in the area of 150 feet.  Mr. Campbell thought there is a need for patients or others to have readily available access to the building.  He said 150 feet might be a considerable distance for an elderly person.  Mr. Schneider said that is why immediately to the north of the new building (south of the private drive) there will be a 70 space lot.  He understood a good deal of the parking on the subject site (145 spaces) would be for staff.
    Mr. Janku asked if the new building on the O-P tract would trigger any type of sidewalk requirement along the south side of the private drive.  If so, Mr. Schneider said that is not something that would be within the subject of this application.  It is his understanding from Engineering Surveys and Services there is going to be a sidewalk installed on the south side of the private drive.
    Mr. Campbell was concerned about the sidewalk along Walnut.  He said parking would be required by the new office building and it seemed highly unlikely that there will be a building put on the north side, the O-P side, because it would require a new parking lot, etc.  That suggests to him that a sidewalk is in the distant future, if ever.  Mr. Schneider said he did not think it would be a problem to make the construction of the sidewalk contingent upon occupancy of the new medical building on the O-1 tract because it is not needed until that occurs.  He said development of that facility will transpire within the next 16 months and, between now and then, if the Graham Group feels this is an issue they would like to address with the Council, they would have ample opportunity.  He said they do not envision that this parking lot will remain as a parking lot forever because it is too valuable as a building site.  He said they had no idea when the area will be developed.
    Mr. Coffman asked if it is likely there would be a building in the northwest corner.  Mr. Schneider said it is something that may occur in the future, in which case the parking lot would be relocated to the east.  He said the Graham Group is aware of that possibility.
    Mr. Kruse asked why not just develop the lot to the east now.  Mr. Schneider responded because the Graham Group desires the other location at this time.  He reported the current location suits their needs and they are willing to pay half the cost of relocating the parking lot if need be in the future.
    Mr. Coffman said his primary concern is ensuring the Lions Stephens Park is screened from noise and other effects of whatever is constructed.  Mr. Schneider said if a screening requirement is adopted and deferred until occupancy of the new medical office building, that would give the Graham Group plenty of opportunity to address the issue.
    Mr. Janku asked what would happen if the Graham Group did not have a concern about the landscaping.  Mr. Schneider said they may not have a concern, in which case they will not be back.
    Norman Lenhardt, 1118 St. Christopher, thought that all of the parking lots being developed in Columbia are contributing to the problems associated with storm water management.  He had not heard any discussion about what would be done about the run-off from the parking lot.  He suggested the City look into a porous surface for parking lots, rather than smooth asphalt or concrete.  Mr. Lenhardt reported another answer would be water brakes where up to two inches of water could be retained on the surface of the parking lot and released slowly over time so as not to add an extra load on the stream.
    Mr. Campbell believed that had been taken into account in the development of some storm water retention in the corner of the development.  Mr. Patterson said that was correct.  He explained that staff reviewed the storm water plan to assure there would not be a contribution in excess of what had been provided for.  He added that staff is not typically in a position to tell a developer what kind of system to use, but rather to determine the effect of the plan if it is implemented.  He said they were seeing some of the alternative type designs like the porous pavements and underground storage on parking lots.
    Mayor Hindman closed the public hearing.
    If the Graham Group decides to defer the screening and the sidewalk, Mr. Coffman asked if the City would lose the ability to control the two concerns.  Mr. Hancock asked if the he is referring to the sidewalk on Walnut as well, prior to a certificate of occupancy on the C-1 zoned tract.  Mr. Coffman said that is the question raised.  Mr. Hancock wondered if the City could hold up something in a non-planned zone.  Mr. Boeckmann said it would pose a problem if it is opposed by the applicant -- the building is constructed and the City refuses to issue an occupancy permit.  He said the applicant could argue that the land is not subject to that restriction.  He said perhaps the Council could stipulate that the parking lot may not be used since it is in the O-P Plan and if the parking lot is not available for use, then the applicant could not get an occupancy permit on the building.
    Mr. Schneider said the Council could simply defer the screening and the sidewalk installation for 12 months and not tie it to anything off-site.  That would give the Graham Group plenty of time to come back if they choose to.  He said there may be no objections associated with the screening or the sidewalk construction.  Mr. Hancock said then after 12 months, the applicant would have to be told they could not use the parking lot any more.
    Mr. Janku asked if there was any idea about what the sidewalk on the south side of Walnut will cost.  He felt sidewalks are needed in the area, but that it is more important to have a walk from the parking area to the various office buildings being constructed.
    Mr. Coffman is concerned about the screening.  Mr. Janku said it is the parking area that would need to be screened.  Ms. Coble said there are trees on the site already.  Mr. Coffman said he wanted assurance that there would be adequate screening on the north side.  Mayor Hindman wondered if it is known whether the parking lot could be seen from Walnut as it currently exists.  Ms. Coble responded the parking lot could not be seen.
    Mayor Hindman felt requiring a sidewalk the length of that piece of property along Walnut Street as a condition in connection with the parking lot seemed coercive.  Regarding the screening, he said if it is needed it would be a reasonable requirement.  He suggested that the Council stipulate a screening requirement to the extent that it appears to be necessary.  He said if there is natural screening already there by virtue of the topography, that should take care of it.  If it turns out that is not the case, it could be left up to the judgment of staff.
    Looking at the elevation lines on the northeast corner, Mr. Campbell said there would be a bank of about 10 feet in height.  On the other side, there are 10 to 20 feet drops.  Mr. Campbell's point is that the screening would have to be very high to have any real effect.
    Mayor Hindman made the motion that B161-98 be amended by adding a screening requirement if it is deemed to be necessary by virtue of the inspection by the staff.  The motion was seconded by Mr. Janku and approved by voice vote.
    Mr. Campbell made the motion that B161-98 be further amended by adding a further condition stating that before occupancy of the building, a sidewalk be built on the south side of the driveway from William Street to the eastern terminus of the new building.  The motion was seconded by Mr. Janku and approved by voice vote.
    B161-98, as amended, was given third reading with the vote recorded as follows:  VOTING YES:  JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  COBLE.  Bill declared enacted, reading as follows:

(A)     Voluntary annexation of property located at the western terminus of Keegan Court, west of and adjacent to
           the city limits in southwest Columbia.

    Item A was read by the Clerk.
    Mr. Beck explained that this 20 acre tract is located in southwest Columbia.  The request is for R-1 zoning.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mayor Hindman noted that a related bill will be introduced under New Business.

(B)     Oakland Park swimming pool renovation.

    Item B was read by the Clerk.
    Mr. Beck explained that the art recommendation had been made and the pool project would be explained, but both issues would be approved by the Council at a later date.  Under consideration tonight is the direction on how to proceed with the final design work relating to the pool renovation.  In the current budget, $525,000 is earmarked for the renovation project.  Mr. Beck pointed out that additional funding has been applied for.  He asked Mr. Hood to describe what is being proposed.
    Mr. Hood explained that the Oakland Swimming Pool was built in the early 70's, and staff concluded a few years ago that the pool is in need of serious renovation work.  In working with the consultant, four goals had been outlined relating to the renovation and includes the following: (1) correct the circulation, plumbing and deck problems; (2) develop a pool that will be well-suited for family recreation activities; (3) develop a pool that is well-designed for water safety instruction; and (4) to retain a deep water area for the more advanced swimmers in the community.  Mr. Hood reported staff believed the plan accomplishes all of the goals.
    Mr. Hood explained staff proposes that the existing pool be divided into two smaller pools by the establishment of a concrete bulk head.  He said one pool would be a zero depth entry pool -- a very shallow pool ranging in depth from zero to no more than three feet.  The pool will include a series of water play features to encourage family recreation activities, and is designed for the teaching of swimming lessons and water safety instruction.  Also included will be a 25 yard deep water pool to be used for lap swimming, diving, competitive swimming, etc.  Mr. Hood said it is proposed that the fenced area will be substantially enlarged to provide open/green space to be used for sun bathers and families attending the pool, and a sand play area is also planned in this location.
    Mr. Hood noted that the project includes a public art component, which will be explained by the Office of Cultural Affairs.  The overall goal for the project is to develop a facility that balances all of the needs for the City of Columbia, and to return the pool to a high quality aquatic facility.
    Mr. Campbell asked Mr. Hood to comment on the structural limitations of the existing pool.  Mr. Hood reported that this is an existing 50 meter pool constructed of concrete, and much of the plumbing and circulation system is located under the existing deck.  He said the pool has been losing a substantial amount of water for several years, which they believe to be primarily through problems with the main drain system and the plumbing.   He said the intention is to correct those problems first.  In addition, the leaking problems have caused the deck to sink in several places and it is anticipated that probably 50% of the existing deck will have to be replaced.  In reviewing whether or not the existing pool could be retained to create a family play area, Mr. Hood said it had been determined that the funding is not adequate for both.  The shallow water play area can be added by establishing a new concrete bulk head and pouring a new floor in the existing pool using the present walls and gutter system.  These improvements can be accomplished within the funding that had been budgeted for the renovations.
    Martha Hills, Cultural Affairs Director, explained that the Chair of the Commission on Cultural Affairs, Mr. Vought, will describe the selection process.
    Ed Vought, 4511 S. Fallwood Court, said the Commission is honored to have the opportunity to recommend another project to the Council under the Percent for the Arts Program.  Prior to consideration of the proposals, Mr. Vought explained that the Standing Committee met with the project architect and several staff members from the Parks and Recreation Department to discuss the specifics of the project.  He noted that the Committee had given careful consideration to 15 submissions.  After much study of the proposals, the Committee selected two artists and these individuals were asked to submit full proposals.  The two designs were first shown at a public meeting in April, and both the Missourian and Tribune provided fairly extensive coverage.  In addition, Mr. Vought explained that the designs were placed in the lobby of this building with a comment box.  Press releases were sent out to various media members which informed the public about the various processes which were involved in the selection.  A bulletin was also placed on the City's cable channel informing the public of the project.  He said the presidents of the local neighborhood associations surrounding the pool area were contacted and invited to attend the meetings.  Mr. Vought reported over 70 comments were received from the sixth graders at Lange Middle School.
    Mr. Vought explained that in May, the Committee met to formulate its recommendation, and both artists were in attendance to present their design choices and concepts.  He said the artists also discussed their previous work in the public art venue.  After comments were heard, the Committee decided to unanimously recommend Mark LaMair's design.  The Committee stated that both proposals had a tremendous amount of merit and the decision had been a difficult one.
    Mr. Vought explained that each of Mr. LaMair's structures will be approximately 12-feet high and 8-feet wide.  These would be located on column bases at the southeast portion of the pool concession area.  He noted that Mr. LaMair has successfully completed other public art commissions and has quite an impressive list of work held in both public and private collections throughout the United States.
    Mayor Hindman thanked the Commission and the Standing Committee for all of the work they have done.  He said the process had been very useful.
    Mark LaMair, 603 E. Phelps, Springfield, MO, displayed slides of various pieces he has done.  As a result of discussions with the project architect, study of the drawings, visiting the actual site, and speaking with the Committee, Mr. LaMair said he had formulated his proposal.  He said the two aluminum figures would be placed about 16 feet apart in some type of landscape bed that would denote an imaginary pool.  Mr. LaMair thought the pool represented fun and summer, and he wanted the pieces to be an icon for the pool.  These structures will be placed near the new front entryway inside of the fenced area.
    Mayor Hindman opened the public hearing.
    Phylos Sandeson, 1312 Westview Terrace, spoke as the father of an 11-year old competitive swimmer and as President of the Columbia Swim Club.  He asked the competitively oriented people to stand.  Approximately three dozen people stood. He felt the City's national and regional reputation in the tradition of swimming would suffer with the loss of the 50 meter pool.  He felt there should be some way of preserving it.  Mr. Sandeson asked the Council to expand the project so the Swim Club could hold meets and serve the needs of all concerned.
    Mr. Janku asked if he suggested expanding the existing pool.  Mr. Sandeson said that would be his perspective.  He said additional revenue could be gained out of an expanded pool.
    James Devine, 1604 Jesse Lane, Swimming Commissioner for the Show-Me State Games and the Senior Show-Me Games, as well as the General Chairman Elect of Missouri Valley Swimming, the regional United States swimming representative created under the Amateur Sport Act, spoke as a parent.  He explained that the Swim Club had tried to host long course meets at the Oakland Pool, but there are no starting blocks available at the pool.  He said the blocks that exist are inadequate.  Mr. Devine said the pool would be better if it consisted of eight lanes and 50 meters long.  He said if that were the case, he would hold the Show-Me Games at Oakland Pool.  Mr. Devine spoke about his son and what competitive swimming had done for him.
    John Hamilton, 2014 Wynfield, Swimming Coach for Hickman High School, said the 50 meter pool is the backbone of their training.  He thought the pool could take a dog leg out to where the baby pool is located, and this is where the zero entry level could be.  In addition, 12 feet of deck could be eliminated on the east side to create an eight lane pool.  He said the City would not pull in teams from St. Louis or Kansas City with a six lane pool.  With eight lanes, the City could start getting back some of the money they put into the project.
    John Clark, 403 N. Ninth, spoke in favor of the 50 meter pool.  He said Columbia is the ideal place to have a decent competition pool.
    Fritz Schenker, 107 Westwood Avenue, a 13-year old swimmer, spoke about the benefits of 50 meter pools.  He explained the difference between short course and long course swimming.
    Whitney Sandeson, 1312 Westview Terrace, said she is 11-years old and had been introduced to swimming at the age of four.  She spoke in favor of a 50 meter pool.  She is hopeful to represent Columbia at the Olympics one day.
    Tod Hubbard, 2807 Crestwood Lane, is a 19-year old swimmer who has been swimming since the age of five.  He explained he swam for Hickman for 4 years and is an eight time All State and one time All American.  Mr. Hubbard is now on full scholarship at the University of Miami.  He said that swimming at the Oakland Pool has been a vital part of his swimming success, and he is hopeful the opportunity would not be taken away from others.
    Eliza Dadant, 107 S. Garth, competitive swimmer for the past nine years, All-State 16 times, and swam last year at St. John's University on a swimming scholarship.  She spoke in favor of the 50 meter pool.
    Adam Brown, 1104 Elsdon Drive, is a second year swimmer for Hickman.  He is in support of retaining the 50 meter pool.  He felt the landscaping and the art would be enough to create a good family atmosphere at the pool.
    Randy Hubbard, father of the University of Miami swimmer, was thankful for swimming and his son's full scholarship.  He spoke in favor of the 50 meter pool.
    Nancy Sublett, 4810 St. Charles Road, explained that her son is a swimmer.  She noted that swimming is an individual sport where one competes against one's self.  She said swimming is a life-long sport that people can enjoy year round.  She outlined the merits of the 50 meter pool and training.  Ms. Sublett said the process on the art work had been a good one and suggested that an equal process be considered for the technical aspects of the physical facility.
    Laura Wacker, 1617 Paris Road, Swimming Coach at Stephens College, spoke in favor of the 50 meter pool.  She said 50 meter pools are a definite training benefit.
    Jennifer Burchard, 1109 Pheasant Run, spoke in favor of the 50 meter pool.  She reported if she is going to swim at meets with 50 meter pools, she needed to be able to practice in a 50 meter pool.
    Bob Green, 3801 Ashford Court, explained that his son is on the swim team.  He spoke about the personal benefit to the kids involved in swimming.  He said if not for swimming, some of these kids would be in trouble.  Mr. Green said one did not have to be athletic to swim or dive.  He said the difference between short and long course is the difference between kids thinking they can make it to State and make it on a college scholarship.  He said swimming in the summer using the long course makes that difference.  Mr. Green said if four or five of these young people stay in swimming because of that hope and dream, no price tag could be placed on it.  He thought it would be worth the extra money to add the extra lanes.
    Peter Wong, 1104 Maplewood, a Swim Club member, said he had been training in the 50 meter pool.  He said if that pool is taken away, he and other swimmers would be at a great disadvantage compared to other teams.
    Lisa Schenker, 107 Westwood Avenue, explained that her children are on the Columbia Swim Team.  She spoke in favor of the 50 meter pool and asked the Council to think about the children who really are committed to swimming.
    Chris Dadant, 107 S. Garth, mother of a swimmer, spoke in favor of the 50 meter pool.  She said her daughter had set goals because of swimming and had become a better person for it.
    Pat Austin, 104 Third Avenue, introduced her daughter, Rachel and Alicia, both swimmers.  She asked that the 50 meter pool not be taken away.  She also has a three-year old that likes to play in the water.  She said pools are still needed for swimming instructions and while playing is good, as a registered nurse in the ER, she values swimming lessons for every kid.  She suggested that the fun area be reconfigured in some way so that the 50 meter pool could be retained.  Ms. Austin's younger daughter asked that the long distance pool be kept.
    Austin Poland, 3801 Ashford Court, a competitive swimmer for three years, said swimming is not just a sport, it is a lifestyle.  He said long course training is a vital part of that lifestyle.  Mr. Poland said taking away the pool would be taking away what is required to be a successful athlete.
    Sharon Bittner, 603 University Village, spoke in favor of retaining the 50 meter pool.  She said if the 50 meter pool is widened, the City could pull in events from all over this and other states.
    Dan Jacob, 4810 St. Charles Road, explained that he worked for the Parks and Recreation Department for the last two summers.  He spoke about the variety Columbia has when it comes to swimming facilities.  He said Twin Lakes has Little Mate's Cove, a new facility where little kids can play in shallow water.  He said there are also slides on the lake.  He said Oakland Pool is the last 50 meter pool in Columbia, and wondered why anyone would want to make two facilities alike.  Mr. Jacob said the Swim Club could still compete if the pool is taken away, but they would not be at their fullest capability.
    Mayor Hindman closed the public hearing.
    Mr. Janku asked Mr. Hood if staff had looked at incorporating the play area into the existing structure.  Mr. Hood said in the planning process, staff considered the possibility of retaining the 50 meter pool and creating a play area adjacent to it.  The engineer's original estimate for doing so was about $1.2 million at that time.
    Mr. Campbell asked what the current budget was.  Mr. Hood explained that the project budget was $525,000, and added that about $50,000 has already been spent on design fees.  Mr. Campbell asked what it would cost to repair the existing pool.  Mr. Hood believed it could be repaired within the $475,000 that had been budgeted.
    If the City just repaired the existing pool, Mr. Coffman asked if the play area would be eliminated.  Mr. Hood said that is correct.  The circulation, the plumbing, the deck, and the main drain would be repaired.  The pool would not change structurally from what exists now.  In addition, staff would have to look very seriously at the baby pool as the engineer indicated it is not repairable.  Mr. Hood reported this section will probably have to be reconstructed.
    Mr. Coffman asked about the demand for younger kids having a place to play.  He observed Little Mate's Cove was at least to capacity the other day when he was there.  Mr. Hood said staff keeps very detailed participation figures on Oakland Pool, and last summer the total participation (1 person coming into the pool and participating in some type of activity) was approximately 33,000.  Of that total, 2,150 participants consisted of competitive swimmers and the remainder were recreational swimmers.
    Mr. Janku asked if there was any sense of what it would cost to expand the pool to eight lanes.  Mr. Hood guessed it would approach the $2 million figure.
    Mr. Kruse understood this plan had been reviewed by the Parks and Recreation Commission.  He asked if a public hearing had been held.  Mr. Hood said the Commission had reviewed the plans at a regular meeting, but a public hearing had not been held.  Mr. Kruse asked if tonight was the first demonstration heard regarding the interest in the 50 meter pool.  Mr. Hood said staff recognized from the very beginning that the Swim Club would have a definite interest in this project.  He said there is no question that they are the most dedicated and talented swimmers in the community.  Staff met with the Swim Club twice during the planning process -- once with the Coach and once with the officers.  Mr. Kruse asked if he understood correctly that in order to retain the existing 50 meter pool and add the additional play area, it would more than double the cost.  Mr. Hood said that had been the original estimate on some very preliminary plans.
    Mr. Campbell understood Mr. Hood to say that the existing pool could be repaired within the existing budget.  Mr. Hood said that is correct.  He said the primary increase in cost would be the construction of the new play area because an entirely new pool would be constructed.
    Mr. Janku asked if there was any thought to the concept of employing a temporary bulk head that could be in place when the pool is used for recreational swimming, then removed for lap swimming.  Mr. Hood said that would be very difficult because, at a minimum, he thought the swimmers would need at least three and one-half foot minimum depth for competitive swimming.  He said the project plans propose zero depth entry for the play area.  Mr. Hood reiterated one of the goals in the planning process had been to create a large expanse of shallow water, particularly for the play area and the water safety and swimming lesson instruction.
    Mr. Campbell asked what proportion of the cost of a pool is paid for by the users.  Mr. Hood responded that about 50 to 60% of it is subsidized by the City.
    Mr. Kruse asked if there would be increased usage with the renovated pool as planned.  Mr. Hood said staff believed this to be case.
    Mayor Hindman asked if the improvements to the 25 yard lanes would increase usage as far as lap swimming is concerned.   Mr. Hood stated staff had been working with the Swim Club to plan for it to be a first class competitive facility.  He said the starting blocks and the flags were going to be incorporated into the 25 yard pool.
    Mr. Campbell said even for the existing proposal, it is suggested that there would be a need for $200,000 for the various facilities.  Mr. Hood said that is correct, the two water slides and the large play structure are labeled as future.  He said staff is in the process of applying for a grant.  Mr. Campbell asked if there was any possibility of getting additional funds for retaining the present pool and adding the play area in another area.  Mr. Hood did not believe in this grant cycle that would be possible, but it is certainly something that could be considered in future applications.  He explained the City has already received a grant to address the renovation aspects of the project, and he did not believe the City would score well on the point system for additional funding.  Mr. Campbell commented that the dilemma is that the City has less than half the money needed to maintain the existing pool and add to it.  He said that meant the project would have to be delayed to come up with $500,000 to $700,000.  Mr. Hood believed that to be correct.
    Mr. Janku asked if this project would be eligible for Community Development funds.
    Mayor Hindman asked what it would cost to start from scratch -- to build a 50 meter pool by itself.  Mr. Hood guessed it would cost between $2 and $3 million.  He said it would depend on whether support facilities (bath house, parking lot, lighting) would have to be constructed.
    Mr. Janku said he would like to figure out a way to enhance the play area and maintain the 50 meter pool.  He thought it is very important that a nice play area be established at Oakland Pool.  He noted Twin Lakes is a great facility, but it is quite a distance from much of Columbia.  For people that live east of Clark Lane or in Derby Ridge, the drive is a fairly long one for a small child.  Mr. Janku stated if the City could come up with the funding, he would favor a combination of the existing facility with a play area.  He reported it is rather late in the process to be looking for additional funds.  Personally, Mr. Janku said if the project could incorporate a play area and a 50 meter pool, he would be willing to wait.
    Mr. Campbell suggested since the retreat is coming up in a few weeks, that the Council take the time to look at some alternatives.  He is reluctant to make a decision that precludes other decisions.  By going with this recommendation tonight, a 50 meter pool would be precluded.  Mayor Hindman agreed.
    Mrs. Crockett agreed that it is very important that there be a child area because there are many young families living in the area.  On the other hand, she did not want to do anything that would eliminate a 50 meter pool.  Tonight is the first she had heard from the Columbia Swim Club, and she had not been aware of the potential problems.
    Regarding timing, Mayor Hindman guessed the City would have a few weeks before the scheduling of the project would be thrown off to the following year.  He asked what would happen if the City delayed the project a little longer in order to raise more money.  He wondered about the status of the grants if the pool is operated as is for another year.  Mr. Beck said staff would have to determine when the grants expire.  Mr. Hood explained that a $175,000 Missouri Local Land Mark Grant has been awarded at this time, and an application has been made for an additional grant.   Mr. Beck said staff had reviewed the schedule, and at the very maximum, it is felt a slippage of 30 days is possible.  This would still allow for the project to begin this fall, with completion anticipated next spring.
    Mr. Hood said the original grant was for a two year period, and it had been awarded in September of last year.  Mayor Hindman asked if that meant the funds had to be spent by September of next year.  Ms. Coble suggested an extension.  It was decided there would be some flexibility for further discussions at the retreat.  Mr. Janku said private contributions should also be considered.
    Ms. Coble commented that she did not think this issue had ever been so clearly presented to the Council as to what the plan really meant.  She thought the point about the process for the sculpture being an open one was good.
    Mr. Campbell made the motion that staff be directed to prepare a full range of alternatives, both on the funding side and the cost side, for the Council retreat.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. Campbell made the motion that the item be tabled to the July 6, 1998, meeting.  The motion was seconded by Ms. Coble and approved unanimously by voice vote.

B148-98     Voluntary annexation of property located on the south side of New Haven Road, east of the city limits.

    The bill was given second reading by the Clerk.
    Mr. Beck explained that a public hearing had been held previously on this annexation.
    B148-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B154-98    Appropriating funds to pay for legal and other fees and the dissolution election costs for the Water
                  District No. 2 lawsuit and merger.

    The bill was given second reading by the Clerk.
    Mr. Beck explained that this would appropriate $120,716 from the Water and Light utility fund balance for expenses associated with the merger with the Water District.
    B154-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B155-98     Amending Chapter 27 of the Code relating to water service for fire protection and fire protection

    The bill was given second reading by the Clerk.
    Mr. Beck explained that this measure would update the City Code as it relates to fire flow requirements and the placement of hydrants.  He said it would require 800 gallons per minute for a four hour duration at 20 PSI for residential, and higher standards for commercial/industrial areas of the City.
    B155-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B156-98     Amending Chapter 6 of the Code relating to swimming pools.
    The bill was given second reading by the Clerk.
    Mr. Beck said a drowning accident had prompted the formation of a task force for the purpose of making recommendations not only on existing pools, but on how new pools should be safeguarded.  He explained that the task force submitted their report to the Building Construction Codes Commission who concurred with the recommendation from the Water Safety Task Force.  He noted that it would change the fencing height requirement on new pools from four to six feet.  He said single family residents could still have a four foot fence if a rigid cover is on the pool.  It is recommended that existing pools have self-latching, self-closing gates, with the latch being 48-inches off of the ground.  Another change is how the drainage area of the pool is to be constructed.
    B156-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B158-98     Confirming the contract of Emery Sapp and Sons, Inc. for construction of improvements at Columbia
                   Regional Airport.

    The bill was given second reading by the Clerk.
    Mr. Beck explained that four very competitive bids were received on this major project.  He noted that the lowest bidder had not met all of the FAA bid requirements.  He said the bids had been reviewed by the consultants, the FAA, and the Public Works staff.  The second low bid of Emery Sapp is being recommended in the amount of $974,085.95.
    Mrs. Crockett pointed out that the FAA will be paying 90% of the project costs.
    B158-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B159-98     Authorizing agreement with Columbia School District for the development of Grant School playground;
                   appropriating funds.

    The bill was given second reading by the Clerk.
    Mr. Beck said this project had been discussed by Parks and Recreation, and it had been determined that it would fit into the City's Neighborhood Park Plan.  He said both the City and School Board can use the facilities.  The recommendation is for a $20,000 appropriation for the equipment.
    Mr. Kruse said there are people from the public very interested in this project, and they asked him to convey their interest and thanks.
    Mr. Campbell said he is pleased to see the project moving toward completion.
    Mayor Hindman that this is another example of what can be accomplished through contributions from members of the public.
    B159-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B160-98     Accepting $25,000 donation from Columbia Cosmopolitan Luncheon Club; authorizing construction of
                   skateboard facility; appropriating funds.

    The bill was given second reading by the Clerk.
    Mr. Beck explained this bill will authorize construction and the appropriation of funds for the skateboard facility.  He said the Council spoke previously about the significance of the Cosmopolitan Luncheon Club's donation.  Mr. Beck reminded the Council there would be requests for funds to replace some of the parking area that would be taken by the project, approximately $60,000 in parking costs.
    B160-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B162-98     Imposing a moratorium on new live adult entertainment business.

    The bill was given second reading by the Clerk.
    Mr. Beck said this bill had been requested by the Council in order to review what laws other communities have enacted in the area of zoning for these types of uses and the conditions placed on them.
    Mr. Campbell asked what would happen if an ordinance cannot be completed by September 9.  Mr. Boeckmann said the moratorium could be extended, but he cautioned that the shorter the moratorium the more defensible the City is to any opposition.
    Bob Roper, Chair of the Special Business District, said the SBD is strongly in favor of passage of this ordinance and realized it is only temporary.  They are hopeful that a final ordinance could be arrived at that would be both appropriate and constitutional.  He noted that downtown is a vital family gathering place, and they have had a great deal of success in the last few years with the Twilight Festivals, the Fall Festivals, and Partners in Education.  Mr. Roper said Judy Hull surveyed 56 of the approximate 500 downtown businesses, and 37 said they strongly disfavored an adult entertainment business in the downtown area, and 14 said they disfavored.  That represents 51 out of 56 businesses that had a very negative opinion.  Mr. Roper believed these type of establishments to have a deleterious affect on property values.  He said there is concern that these businesses might have a domino effect, or create a climate for other similar businesses to come in.  Mr. Roper felt they could produce evidence as the process unfolds in the next several months that would prove that point.  He thought it is legal and proper to use zoning powers, if the evidence is there and is both substantial and competent, to restrict adult entertainment businesses to the appropriate areas of town.
    Linda Rootes, 807 N. Eighth Street, explained that her home is just down the street from one business of this type.  She said there had been feedback about a lot of the work in north central Columbia being inhibited by the location of that business.  Ms. Rootes said articles in the paper indicated perhaps these businesses could be located in industrial areas.  She pointed out a large area of industrial zoned property throughout the community, and she did not think that choosing this zoning would benefit the north central neighborhood.
    John Baker, 1112 E. Broadway, asked the Council to vote for the moratorium.  He had heard rumors about applications for these types of businesses, and there is a possibility of a second business going in next to Stephens College.  He noted there is also a church directly across the street from one of the proposed establishments.
    John Fitzgibbon, Vice-President of Stephens College, spoke in support of the moratorium.  He said that Stephens College is opposed to adult entertainment in close proximity to their campus.  In properties the college has sold, there have been restrictive covenants placed that prohibit adult entertainment on the properties.  Mr. Fitzgibbon said the College is in full support of the moratorium in order to allow greater analysis, discourse, and discussion so proper zoning determinations can be made.
    B162-98 was given third reading with the vote recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

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

B151-98     Accepting conveyances for water utility purposes.
R115-98     Setting a public hearing: rehabilitation and repair of the Ashland Gravel Road bridge over Hinkson
R116-98     Setting a public hearing: installation of pedestrian safety and crosswalk improvements at Tenth &
R117-98     Setting a public hearing: street tax bill maintenance work.
R118-98     Amending the agreement with the Alzheimer's Association, Mid-Missouri Chapter.
R119-98     Amending two agreements with the Boys and Girls Clubs and the Columbia area.
R120-98     Authorizing an agreement with Boone County to provide clerical services in connection with the 911
R121-98     Authorizing an agreement with Maplewood Barn Theater Association for operation of a public,
                   non-profit summer theater program.
R122-98     Authorizing an agreement with the Curators of the University of Missouri for use of university property
                   for Independence Day activities.

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

R123-98     Authorizing a grant application to the Missouri Department of Natural Resources for Phase II
                   renovation of Oakland Pool.

    The resolution was read by the Clerk.
    Mayor Hindman asked if the action taken earlier in regards to the Oakland Pool project would make any difference to this application.  Mr. Beck thought it is good the City submitted the application.  Prior to the retreat, he suggested that staff contact DNR to determine whether an alternative or an amendment to the application is possible.
    The vote on R123-98 was recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R124-98     Authorizing an agreement with the Director of Revenue pertaining to the City's local use tax refund

    The resolution was read by the Clerk.
    Mr. Beck said this would formalize the information sent to the Council earlier in that the City would return to the state $1,861,785,000 collected in use taxes.  It will leave the City with approximately $2.19 million that does not have to be returned.
    The vote on R124-98 was recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R125-98     Authorizing a revised agreement with Columbia Community Development Corporation.

    The resolution was read by the Clerk.
    Mr. Beck said this would actually increase the amount of a mortgage on a house located on North Fourth Street from about $10,000 to $12,000.
    Mr. Janku felt this is a reasonable request and encouraged similar possibilities to be brought forward.  He encouraged Habitat and other such groups to look at this option.
    The vote on R125-98 was recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R126-98     Authorizing an agreement with Comprehensive Human Services, Inc. for a grant of $20,545 in CDBG

    The resolution was read by the Clerk.
    Mr. Beck said when funding was originally approved for this organization, it was for the purchase of a building.  Because those plans fell through, they are now requesting to use the funds to purchase a bus.  Mr. Beck said although he is not opposed to the request, he did not feel a signal should be sent that when the Council approves funds for a specific project, these funds could be used for other priorities that might exist.
    Mr. Campbell said the rationale he heard was that the group tried to purchase and renovate an adjacent property, and when this fell through, the organization now has to take the same clientele to a more distant point for the same services.
    Mayor Hindman said that may be sound rationale, but wondered if it should go back to the Commission for their review.
 Pat Glazier, Program Director of the Shelter making the request, said they would like to divert the funds for transportation of the children from the Shelter to recreational and educational opportunities.  She said the only option they found to meet their needs, in terms of security and getting the kids to where they needed to be, is Young Riders.  This is an expensive service to use as it is a private enterprise.  She said liability prohibits the transport of kids in staff cars, and many of the women do not have cars, so getting the children to where they need to be is difficult.  Ms. Glazier noted that public transportation is not an option for most of these people.
    Mr. Janku asked if the van could be shared with other branches of the organization.  Ms. Glazier said she understood that would not be the case.  She said the Front Door has two vans utilized for transporting kids to school and to the doctor.
    Kim Stonecipher-Fisher, President of the Comprehensive Human Services Board, explained the plans for purchasing the property next door to the Shelter.  She said they underwent serious negotiations with the person who bought it from the Court House steps.  The property had been purchased out from under the Shelter because they could not come up with the required amount of money.  The Shelter has deliberated with that person over and over again and has gotten nowhere.  She said they are not happy with what is going to happen to the property based on the present owner of the property.  Ms. Stonecipher-Fisher reported when staff transports these children in private vehicles they are, as an agency, taking on tremendous liability.  Once the Shelter "lost the house", they felt the best use of the money would be enabling the agency to transport the women and children safely from one place to another.  She said they cannot bring these women the empowerment they need if they cannot get to a job interview and if they cannot get their children in day care.  Ms. Stonecipher-Fisher explained a van would help them serve those needs.
    Mayor Hindman asked if he understood that the need for the van is coupled to the loss of the property.  Ms. Stonecipher-Fisher said that is correct, and the Shelter understood that to be an appropriate use of CDBG monies.
    Mr. Campbell said this is a well-known organization with a recognized need that clearly has demonstrated considerable service to the community over the many years it has been in operation.  He did not want to ask them to jump through hoops again.
    The vote on R126-98 was recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R127-98     Approving a preliminary plat of Ewing Industrial Park, Phase II.

    The resolution was read by the Clerk.
    Mr. Beck explained that this plat would create 37 M-C and M-1 zoned lots off of Route B in northeast Columbia.  He said they discussed the water line to this area earlier.
    The vote on R127-98 was recorded as follows:  VOTING YES:  COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN.  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:

B163-98     Voluntary annexation of property located at the western terminus of Keegan Court; establishing R-1
B164-98     Approving final plat of Stoneridge, Plat 2; granting a variance to the subdivision regulations.
B165-98     Approving final plat of Springdale Estates, Plat No. 5.
B166-98     Approving final plat of Heritage Meadows, Plat No. 4.
B167-98     Approving final plat of Meadowlands, Plat No. 15; granting a variance to the subdivision regulations.
B168-98     Approving the revised Columbia College Master Plan.
B169-98     Amending Chapter 29 of the Code as it relates to screening and landscaping requirements.
B170-98     Amending Chapter 22 of the Code relating to refuse collection and the Blue Bag recycling program.
B171-98     Appropriating funds for the implementation of the Blue Bag program.
B172-98     Authorizing an agreement with Boone County for a grant to partially fund revisions to the Nifong
                   Boulevard intersections at Forum and Bethel; appropriating funds.
B173-98     Calling for bids for storm water improvements in the Garth Avenue and Sexton Road area.
B174-98     Authorizing street maintenance work and providing for payment of the improvement by special tax bills.
B175-98     Appropriating funds for completion of electric line relocation for North Route B road project.
B176-98     Amending Chapter 27 of the Code to establish water service rates for the former Public Water Supply
                   District #2 area.
B177-98     Establishing two new positions in the Water and Light Department; appropriating funds.
B178-98     Renewing the Temporary Revocable Utility Permit granted to DTI, Inc.
B179-98     Changing the position of municipal judge from a one-half time position to a three-quarter time position.

(A)     Transfer of Funds Request.

    Report accepted.

(B)     Street Closure Request.
    Mr. Beck explained this request is for the annual bike race in the downtown area on June 13 and June 14.  He said the request had been reviewed by the CCA with some suggested changes.
    Mr. Janku said he would suggest approving the request as it was submitted last year, without the extension north of Broadway.  He said the race is excellent, but he thought organizers needed to recognize the potential traffic problems.
    Mr. Janku made the motion that the request be approved with the race being conducted as it was last year, as was recommended by the Association.  The motion was seconded by Mr. Coffman and approved unanimously by voice vote.

(C) Police Policy.
    Mr. Beck said this would formalize a policy so that different requests could be treated equally.
    Chief Botsford explained that there had been some confusion about what type of events would be provided with police service.  This is an effort to clarify the situation.  He said unless it is an event of broad concern to the community and/or a City sponsored event, police officers should not be removed from patrol duties in neighborhoods in order to provide private security for an individual or a group conducting a private event.  Chief Botsford noted there are exceptions to this policy such as the Show-Me State Games or events that involve the entire community.
    Mr. Janku asked how it would be handled if there is a race going through the community and traffic is required to be stopped.  Chief Botsford responded if there is a private organization that wants to block streets to hold a race, it is his opinion that the organization would have to provide the security for it.
    Mr. Campbell asked about parades and whether sponsors would be charged for the police that might provide escort.  Chief Botsford said that would depend because in some instances, an event might only require an officer for five minutes to assist with crossing an intersection.  He said there would not be a charge for that, but if it is an occasion that requires taking officers off of patrol duty for an extended period of time, then it his opinion that the organization should be charged.  He said in those cases, the community would be suffering police absence and additional officers would be have to be called in from off-duty, and these individuals would be receiving overtime pay.
    Mr. Janku said he did not have a problem with the policy, but wondered how people would know in advance that this service may have to be paid for.  Chief Botsford said most planned yearly events are already known and staff has had communication with these organizations.  He said it does not often happen that an annual event request comes up at the last minute.  Chief Botsford reported this issue had been discussed for several months now, and he felt all the groups were aware of what was going on.


    Ms. Coble said she had requested some information at the last meeting regarding reduced taxi service.  She said another letter had been received on the issue from the Boone County Council on Aging indicating they are also seeing an impact in their population of people served.  She said one issue that had been brought to her attention involved the long waiting period a new or existing taxi service has to endure due to records checks.  This could be upwards of three weeks.  Ms. Coble heard that Jefferson City has some sort of expedited process and asked that the information be added to what the staff is looking into.
    Ms. Coble said she had been given reports about increased citing of what appears to be prostitution at the corner of Providence and Worley Street.  She asked that it be brought to the attention of the officers responsible for that area.
    Ms. Coble said the high weeds had returned at 306 McBaine and the neighbors are complaining.  She asked that it be taken care of.
    Regarding weeds, Mr. Janku asked the staff to look at 504 Garth Avenue.  He said there seems to be a number of problems with this property.
    With respect to the street closing the Council approved for the bike race, Mr. Janku asked that the organizers be requested to refrain from putting the no parking stickers in place on the other loop streets until after the downtown businesses are nearer to closing for the day.  He did not want downtown customers inhibited.  Mr. Janku reported there had been a comment last year that the Eighth Street garage was closed to parking.
    Mr. Kruse said he had recently come upon a bike accident on the MKT Trail at the culvert under Stadium.  He said there is a very sharp blind curve that he thought needed to be dealt with.  He suggested signage or something to warn people to slow down as they approach the underpass.  Mr. Kruse asked that the staff look at the situation as soon as possible.  Mr. Janku said both ends of this section are pretty bad.
    Annette Sanders, 730 Idlewood Court, spoke as the official spokeswoman for the air shows, and the 3,000 volunteers and 50 committee chairpersons who are involved in the Salute to Veterans Corporation.  In keeping true to their mission for the last ten years, she said they have consistently applied their policy of saying "no" to everyone who has asked to bring personal or political causes, solicitations, or unauthorized sales onto the tarmac at the air show.  This year alone, the organization turned down over 100 such requests.  Ms. Sanders said they have never posted "no soliciting" or "no politicking" signs because this had never been necessary.  She said they have a widely published air show hot line number, and people generally have the courtesy of calling and asking what the policy is rather than just showing up.  She explained that the tarmac is fenced and gated and is not open for public access, even though the property is City-owned.  Ms. Sanders reported the only public access area, year round, is that area outside the gates off of the tarmac.  Under the organization's mission statement, the City allows the Salute for Veterans Corporation to utilize the tarmac for two days a year to invite the public to the air show as guests of the corporation.  The event is under the supervision of the Salute to Veterans Corporation and the strict guidelines of the FAA.  She said if they fail at any time to exercise due diligence to assure those activities are in keeping with that mission, they are held accountable.  Ms. Sanders explained that they are required by contract, with the Department of Defense, to allow full access in prime space to all recruiters.  She said the recruiters are located in tents and people can approach them at their own choosing.  Ms. Sanders said this year, because of a number of spectator complaints, they asked several groups of people, as well as individuals, to move off of the tarmac to the appropriate area surrounding it outside the gates.  She said that is a huge area with tens of thousands of people coming and going.  She said simply asking someone to move in no way abridged First Amendment rights.  Ms. Sanders asked that the Council continue to support the event.
    Mr. Coffman asked if individuals are allowed to freely mingle on the tarmac.  Ms. Sanders said they are allowed to wander in and out of certain areas on the tarmac.  She said there are some restricted areas fenced in orange security fencing.  She said they also ask that people not stop and stand in the gates.  Ms. Sanders reported the complaints that were received involved people walking up and stopping spectators and impeding progress after they were inside the gates.  She said there was more than one group they received complaints about.  Mr. Coffman said he was trying to determine the disruptive effect of petitioning.  Ms. Sanders said members of the public can walk up to or away from any of the other events.  She said the people they received complaints about were actually walking up and stopping in front of people to engage them in conversation as they were trying to get to some place.  Mr. Coffman said he understood some reasonable restrictions for safety, but said it also seems like the type of event where non-disruptive free speech could be allowed.  Ms. Sanders said had it been non-disruptive they never would have heard about it.
    Jean Madden, 1111 Doral, spoke on behalf of the Salute to Veterans Corporation, and said for the past ten years he has been called the voice of the airport.  The tradition of the air show has been for it to be apolitical, and the presence of Governor Carnahan had not been mentioned last week.  He said it has been a long standing tradition that they do not deal in politics at the air show.  Mr. Madden said 117 press credentials had been given out at the air show, and some were from as far away as Washington, D.C. and the State of California.  He said this air show is a big deal and the best possible exposure that the City of Columbia could have.  Mr. Madden asked the Council to think about the positive benefits of the air show when it comes time to consider whether Columbia should have it again.
    Henry Lane, 1816 E. Broadway, reported at the last meeting he spoke about pro-rated utility billing.  Mr. Lane said that no provision has been made so far regarding customers who had been overcharged in the past, but Mayor Hindman had said staff was looking into it.
    Mr. Coffman asked if someone was looking into the situation.  Mr. Beck said he spoke to the Water and Light Director and the Finance Director about the issue.  He said they are looking into it, but the question is how many years to look back.  Mr. Coffman did not think there would be a lot of people that feel the way Mr. Lane does, and he did not think it would mean a lot of money.  Mr. Campbell said every time something is done there is a cost associated with it, and he felt in this situation the cost would be much greater than the amount of refunds.
    Mr. Beck said anyone that has a complaint about the situation should call his office.  He said they would get a quick response.  Mr. Beck reported the City would try to figure out if there is a mechanism that could be put in place with the new computer system to take care of it.
    Jim Coy, Commander of the 7227th Medical Support Unit, and a staff members at the University Hospital and the VA Hospital, agreed with what the Salute to Veterans group had to say.  Commander Coy explained that he has served 23 years in the military and would retire this September.  He explained what Memorial Day means to him.  Mr. Coy said petitions should not be done during the parade, at the Court House, or at the air show.  He read paraphrased quotes regarding freedom of speech and First Amendment rights.  Mr. Coy implored the Council to continue to support the Memorial Day Salute to Veterans activities as they have occurred, and not let anyone have a political agenda that would affect the parade, the ceremony at the Court House, or at the air show.
    The meeting adjourned at 12:45 a.m.
                                                                                                 Respectfully submitted,

                                                                                                 Penny St. Romaine
                                                                                                 City Clerk