FEBRUARY 15, 1999

    The City Council of the City of Columbia, Missouri, met for a regular meeting at 7:00 p.m., on Monday, February 15, 1999, in the Council Chamber of the City of Columbia, Missouri.  The roll was taken with the following results: Council members KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT, and CAMPBELL were present.  The City Manager, City Counselor, City Clerk, and various Department Heads were also present.

    The minutes of the regular meeting of February 1, 1999, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mrs. Crockett.

    Upon her request, Ms. Coble made the motion that Mrs. Crockett be allowed to abstain from voting on B29-99 and B30-99 due to the possible perception of a conflict of interest.  The motion was seconded by Mr. Campbell 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 Ms. Coble and a second by Mr. Campbell.

1.     Cosmo Club $9,000 Donation for Oakland Pool Project.
    Greg Wingert, President of the Cosmopolitan Luncheon Club, presented the Mayor with a check for $9,000 made out to the Parks and Recreation Department for the Albert Oakland Pool Project.
    Mayor Hindman stated that he was extremely proud to accept this wonderful contribution.
    On behalf of the Parks and Recreation Department, Mr. Hood expressed appreciation to the Cosmopolitan Luncheon Club and explained that they have been a long time supporter -- promoting Parks and Recreation programs for over 50 years.  He pointed out that many of the features in the City's parks are the direct result of the Club's involvement.
    Mr. Beck noted that this donation would go toward a water play structure for the pool.
    Mr. Janku asked that an appropriate recognition be given to the club when the structure is completed.

2.     Tree Line USA Award.
    Mayor Hindman noted that this award is given to the Water and Light Department by the National Arbor Day Foundation.  He explained that it recognizes utilities that use proper, first-rate tree trimming activities that meet various standards.
    Mr. Malon explained that this is the second year in a row the City has received the award, and added that they intend to continue to qualify each year.

1.     Barbara Hoppe and Sally Dixon - Friends of Stephens Lake.
    Sally Dixon, 812 Sycamore Lane, a member of Friends of Stephens Lake, urged the City to continue pursuing an arrangement with Stephens College for use of the lake and golf course.  She also advocated the continued use of the lake for swimming as well as for fishing.  Ms. Dixon asked everyone in support of their goals to stand. Approximately 75 people stood, including many children.
    Ms. Dixon explained that she has been swimming at Stephens Lake every summer for the last thirty years, and she hoped to continue for many years.  She said taking children and grandchildren swimming and picnicking to Stephens Lake has been an important part of their family life.
    Ms. Dixon said the group has read the report from the Parks and Recreation staff, and felt the reasons given for terminating this recreational opportunity did not hold water.  She said the staff had objected to the size of the shallow area and the fact that it is separated from the deep water swimming area by a chain link fence.  She said the parents have found that these are actually safety factors because there is no way a child can be misplaced in this restricted area, nor is there any danger of the child venturing alone into deeper water.  Ms. Dixon noted both of those dangers are quite possible at all of the current swimming areas in Columbia.  She reported if a more conventional zero-depth access is deemed necessary, there is a sloping approach to the water west of the current swimming area that could be developed at a later date.
    Regarding the staff concern about water quality, Ms. Dixon observed one of the advantages of Stephens Lake is the freshness of the water, without chlorination.  She said it is not a stagnant pond and is continually refreshed with water pumped from a deep well.  Ms. Dixon said the Health Department has always tested the water and the lake has never failed the test.
    Ms. Dixon stated the Parks and Recreation report also suggested that the swimming area is too small.  She explained this area is outlined by ropes and bobbers attached to floating rafts, and could be of any size desired.  In addition, the proximity of the boat house to the swimming area had also been a concern.  She noted all of the emergency equipment is housed in the boat house, and must remain close by.
    Regarding handicap access to the water, Ms. Dixon said compliance with ADA standards would not be hard to achieve at this site.  She believed wheelchair paths and ramps could easily be constructed.
    Ms. Dixon did not think there are any essential reasons why the lake could not be opened again to swimming.  The report stated that opening the golf course to the public would be feasible even though, for the first few years, it would not be up to the standards of the other municipal golf courses and it would operate at a considerable deficit.  The course would also require at least $150,000 start-up outlay in excess of the expected revenues.  Ms. Dixon wondered why the same standards would not be applied to the operation of the lake for swimming.  She said it could be opened "as is" with the understanding that, like the golf course, it does not meet the standards of other facilities.  Improvements can be made in following years just as improvements are planned for the golf course.  Since the operating costs for the lake are considerably lower, Ms. Dixon said it could be reasonably expected that, unlike the golf course, the revenue may even meet or exceed the operating expenses.  She suggested that block grant funding may be available to offset development costs.
    Mr. Beck explained that the staff has been in contact with Stephens College and an outline for a proposed agreement for the entire tract is being examined.  However, no actual conditions for the lease have been fully developed.  He noted representatives from Stephens College had asked to have some time to review the suggestions he had incorporated in a proposed agreement.  Mr. Beck is hopeful these individuals will contact him within two weeks.
    Mr. Beck reported the area under consideration is the entire tract of ground that has been used for recreational purposes in recent years.  The big problem is the City's ability to afford to operate such an area.  He explained Stephens College has been very cooperative in working with the City to determine whether or not something can be agreed upon by both the College and the City.  Mr. Beck hopes if something can be worked out, they could follow a time line that would permit some golfing and lake use this summer.

B352-98     Rezoning 1809 Vandiver Drive from O-1 to C-P.
    The bill was read by the Clerk.
    Mr. Beck explained that the rezoning request on this 0.52 acre tract of land had been recommended for denial by the Planning staff.  Staff felt if any rezoning should be approved, it should be for C-P.  The Planning and Zoning Commission also recommended denial on a 7-1 vote.  Mr. Beck noted a petition had been received against this particular request.
    Mayor Hindman opened the public hearing.
    Amy Anderson, explained that although she and her husband do not live in the immediate neighborhood, they do own four pieces of property in the area.  She said they are working with the neighborhood, which is in the process of being recognized as a neighborhood association.  She read a statement from the neighborhood group as nobody was available to attend the meeting.  In summary, the neighborhood is very much opposed to the rezoning of the property from office to commercial.  They believed the property should provide a buffer between their established neighborhood and the developing commercial areas along Vandiver Drive.  The letter outlined that residents are concerned that a zoning change would make their neighborhood less safe for the children playing near the street and adults walking in the area.  Such businesses as those described by the developers at the Planning and Zoning meeting are likely to encourage truck traffic.  At present, it is almost completely traveled by passenger vehicles.  In addition, the neighborhood residents purchased their homes thinking they were protected by the buffer zoning.
    Mr. Janku asked if the applicants have had contact with the neighbors since the original Planning and Zoning recommendation.  Mrs. Anderson relayed that each time there had been a request to table this issue, the residents were notified.  Mr. Janku asked if the applicants had ever attended any neighborhood meetings in an attempt to smooth out any problems.  Mrs. Anderson said there had been an indication that the applicants would try to work things out, but no contact had been made.
    Mayor Hindman closed the public hearing.
    Mr. Janku said he hoped some of the concerns expressed by the neighborhood could have been resolved by now, but apparently this has not occurred.  He is surprised the applicant was not present to address the issue.
    B352-98 was read with the vote recorded as follows: VOTING YES: NO ONE.  VOTING NO:  KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL.  Bill defeated.

B391-98     Rezoning property located at the northwest corner of Nifong Boulevard and Forum
                    Boulevard from R-1 and R-3 to PUD-5 and C-P.
    The bill was read by the Clerk.
    Mayor Hindman noted that a request had been received from the developer requesting a further table.  He said attempts had been made to notify the neighbors of the request.  Mr. Beck explained that the request was made because of the developer's intention to substantially modify the plan.
    Mayor Hindman opened the public hearing.
    Mr. Campbell made the motion that B391-98 be tabled to the March 1, 1999, meeting.  The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.
    The public hearing will be reopened at the next meeting.

B21-99     Establishing permanent R-1 zoning on property located on the southeast side of Old Plank
                  Road, south of Glasgow Drive.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that approval had been recommended for this zoning by both the staff and the Planning and Zoning Commission.
    Mayor Hindman opened the public hearing.
    There being no comments, the Mayor closed the public hearing.
    B21-99 was given third reading with the vote recorded as follows:  VOTING YES: KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL.  VOTING
NO: NO ONE.  Bill declared enacted, reading as follows:

B28-99     Rezoning property located at 1302 Lakeview Avenue and adjoining property to the east
                  from R-3 to C-3.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this 0.69 acre tract of land is located between the Business Loop and Lakeview.  The staff recommended approval of the rezoning, but the Planning and Zoning Commission voted 5 to 3 to deny the request.  The Commission suggested C-P zoning.
    Mayor Hindman opened the public hearing.
    David Rogers, an attorney with offices at 813 E. Walnut, spoke on behalf of the applicant.  He explained that the owner has approximately half of the property from the Business Loop back to Lakeview on the side where the new building will be built, and this property is already zoned C-3.  He also noted the property immediately to the west, throughout its entire length, is zoned C-3.  Mr. Rogers felt it was not unreasonable to rezone Mr. Trent's lot  to C-3 to allow the usage.
    Mr. Rogers reported at this time, when various groups are asking for expenditures of public funds for a recreational center, the Empire Roller Rink is a two generation family business providing recreational opportunities for the community.  He noted that the existing building is in a dilapidated state, having been built in the mid to late thirties, and needs to be replaced.
    Mr. Rogers acknowledged the neighbors have several concerns, which he felt could be addressed by the fact that visually, this lot will not go through from the Business Loop to Lakeview.  He noted in both directions, motorists would be looking straight at a building, and a person would almost have to have been a customer of the building to realize that one could cut through.  Mr. Rogers thought it was illogical to think the parking area would be used as a cut through when there are two public streets nearby.  If C-3 is going to remain a viable zone, he felt this application was appropriate for it.  He observed this business will meet a significant recreational need from within the community, and will be a tax payer rather than a tax consumer.
    Mr. Janku asked about the storm water issue that came up at the Commission hearing.  Mr. Rogers admitted the storm water issue is a problem.  He said Public Works has informed the applicants, as have the engineers, that this development would not be a particularly exacerbating issue to it.  He said it is significantly off-site to this property.  Mr. Rogers reported his residence across the street is also impacted, and when there is a hard rain, he has a lake in his front pasture.
    Mayor Hindman asked if this area was on the storm water list.  Mr. Patterson said it is, and has had his staff out there since this plan came in to see what could be done in the interim.  He explained there is a stoppage downstream they are trying to address.  Mr. Patterson reiterated that this particular property will not heavily impact the storm water runoff in the area.  He noted that the applicants are required to have a site plan approved before construction, and at that time, the City does a check on the erosion control and the site preparation.  Mr. Patterson observed the tract would not be subject to land preservation because its size is less than two acres.
    Kristina Luebbert, with Marshall Engineering, understood the existing storm water problems pertain to a box culvert that is significantly silted in, and to a double culvert further downstream.  She believed the storm water fee assessed to new developments or redevelopments would be appropriate to use in this situation.  She had also been told there is a head wall that is a little too short and there has been some erosion under Faye Street.  Ms. Luebbert believed there would be a small increase in runoff from this project, and said it would be directed to City storm sewers.
    Regarding traffic and sidewalks, Ms. Luebbert said it has been her experience that Public Works will not approve many site plans without sidewalks and, therefore, her client is willing to build them.  She said there are no other sidewalks in the area to connect to, but perhaps the neighborhood could be contacted in order to improve the situation.
    When looking at the zoning map, Ms. Luebbert noted the R-3 to the north and to the east consists primarily of City property, which in her estimation is being used as light industrial.   Although a C-P zone was recommended by the Commission for Mr. Trent's tract of land, Ms. Luebbert did not feel it made a lot of sense to have one owner, one property, and two zonings.  In addition, it would also mean a significant time hindrance and the original plan was to have the facility open by fall when the college and Columbia Public School students are back in class.
    Mr. Janku asked about the landscaping shown on the site plan.  Ms. Luebbert replied what is shown goes above and beyond what the requirements call for.  She reported there will be about twice as many trees and quite a few more bushes than would be required.  She stated Mr. Trent wants this to be an attractive site.
    Mary Young, Harrisburg, spoke in favor of a new roller rink.  She said Columbia needs a place to have good, clean fun for the whole family.  She said Mr. Trent has done the best he could with the existing facility, but the rink is much too small.  She said if the size were to be increased, it would be more safe and much more fun.  Ms. Young observed that Mr. Trent has put a lot of hard work into his business and he deserves to build a new one.
    Andy Young, Mary's brother, agreed with what his sister said.  He explained that he plays hockey at the roller rink. He is in favor of a new rink because the old one has poles and they hurt when you hit them.  He said there are a lot of neighboring communities that come to Columbia to use the Empire Roller Rink.
    Lee Stidham, explained that he owns a house on Lakeview and felt the new skating rink would be a benefit.
    Eleanor Arendt, a realtor with a business on the Business Loop, spoke in favor of the new rink.
    Rob Nicks, 1503 Stone Street, explained that Stone is an intersecting street that comes in just to the west of where the site plan shows the exit onto Lakeview.  He was concerned about the additional traffic that the exit in back of the roller rink would cause.  He did not believe that changing the plan to a C-P would have any true detriment to the rink being expanded.  Mr. Nicks thought the plan looked fine and he is in support of the expansion.  He is hopeful that some type of accommodation could be made to direct the traffic, rather than through Lakeview, back toward the Business Loop where it belongs.  Mr. Nicks noted residents already have considerable traffic and parking problems due to the City staff overflowing the lot.  He said there is also a problem with the VFW clientele at certain times of the day and night coming through and using Stone Street as a shortcut to exit.  He could see a potential for a three-way traffic jam if the City, the VFW, and the roller rink all use a residential street that has been pressed into service as an arterial street.  Mr. Nicks thought the City should focus on trying to assist the property owner in making the Business Loop exit the most usable.  He said if there was any way the applicants could work with the neighboring business (Ozark Mountain Barbecue) to allow an exit at  the traffic light, that would be wonderful.  Mr. Nicks stated  if the planned zoning would allow additional input to address that situation, he would like to see the tract zoned C-P.  Mr. Nicks is in support of the business, but is very concerned about the traffic problems.
    William Trent, property owner and applicant, said that most of his traffic will be at a time when City employees will not be working (during evenings and weekends).  He said his traffic usually consists of car pooling by parents because six to twelve year-olds do not drive.  He stated he would do whatever is necessary to accommodate everyone, even if he has to chain off part of the lot during part of the day time hours to keep traffic from going through there.  He displayed a drawing of the parking areas and explained where people would be coming in and dropping their children off.
    Wanda Hoffman, a former user of the rink and a representative of Campfire Boys and Girls, spoke in favor of the rink.
    Kathy Kennedy, 641 W. Park Lane, an adult skater and mother of a young skater,  spoke in favor of the Empire Roller Rink and referred to it as an oasis of wholesomeness for indoor, inexpensive family entertainment.  She asked for Council support of the expansion.
    Pat Nichols, 1205 Lakeview, spoke in opposition of the exit onto Lakeview.  She was concerned about the Bingo traffic and the 30 mph speed zone through the area.  She said speeding was a serious problem and residents did not want to see the exit onto Lakeview.
    Mr. Coffman asked if it would make any difference to Ms. Nichols if the owner were to put up a chain between the two parking lots as had been offered.  Ms. Nichols responded she would rather not see an exit onto Lakeview at all.  She said the chain would be down at the times she is concerned about the traffic -- during evenings and weekends.
    Sherry Griffin, an early childhood education professor and pre-school teacher, spoke in favor of the rezoning.  She said that roller skating is a wonderful experience for individuals of any age and is something that can be shared across generations.   She also noted it is a healthy alternative to watching television.
    Charlene Roberts, an assistant professor at the University in the Department of Physical Therapy, stated that roller skating is an excellent exercise and fitness activity and one that families can do together.
    Lynn Blackwell, 1204 Lakeview, spoke about the concerns of the residents that signed the petition.  She said they all have safety concerns and her main concern is the storm water issue.  She passed out pictures and noted with each rainy season the situation becomes a little worse.  She said the deterioration is increasing at a rapid rate.  Ms. Blackwell felt these issues could be handled with C-P zoning, and suggested they might be overlooked with C-3 zoning.
    John Clark, 403 N. Ninth Street, said he did not understand why this application was not brought forward as a C-P plan.  He thought it was a wonderful opportunity for the City and the proponent to get together and upgrade and advance some of the storm water utility money being spent on dealing with these problems.  He had not heard anyone address what is going to happen when Route B is finished and all of the traffic from the northeast comes down off of Route B going west on Business Loop 70.  Mr. Clark encouraged the Council to follow the Planning and Zoning Commission's recommendation.
    David Rogers said the point that needed to be realized is that any C-P plan put on this property would have access onto Lakeview.  He could not imagine Public Works approving a plan for a long narrow lot such as this one that would not have access onto Lakeview.  He felt it would be a glorification of form over substance to require the applicants to start over and come back with a plan that will look exactly like the one in front of the Council.  Mr. Rogers did not believe the Council would see improvements made to it.
    Mayor Hindman closed the public hearing.
    Mr. Campbell asked if the storm water requirements would be any different for a C-P zone than would be for C-3.  Mr. Patterson said in this case there really would not be.  He explained some conditions could be imposed, but the site plan already requires that storm water management strategies be identified.  Mr. Patterson observed with the layout of the tract, there is only so much that can be done as it pertains to storm water management, and it could be done in either a C-3 or a C-P zone.
    Mr. Campbell asked Mr. Hancock how much difference there would be between what is being presented this evening as a plan and what would be required for a C-P zone.  Mr. Hancock said there would be quite a few more dimensions and some calculations, but that would be about it.  He said there would be more information about the proposed building height, etc.  Regarding the layout of the tract, there would not be much difference.
    In terms of storm water, Mr. Janku asked if the residents' concerns could be addressed.  Mr. Patterson said this 0.69 acre piece of property is not the cause of, nor will it be the remedy for, the storm water problems in the area.  He reported the capacity of pipes downstream will need to be increased, and some of the channels where erosion is occurring will have to be stabilized.  He explained the City tries to keep the pipes cleaned out, but there is some structural endangerment that would have to be addressed with maintenance.  He said some pipes will have to be changed out.  Mr. Patterson stated that one of the residents visited with him in his office about two weeks ago and expressed some concerns.  As a result of that conversation, he directed his staff to survey the area and report back to him on the recommendations for interim and long-term solutions.  He said that report would be forthcoming in the next couple of weeks.  Mr. Patterson pointed out that any improvements that are made would not be related to this particular project, it would be a City project.
    Regarding the comments made about traffic, Mr. Janku asked if there were any remedies that could alleviate some of the problems.  Mr. Patterson said the residents are correct in that there are many City employee vehicles parking on the street, and it is difficult to travel very fast through the area.  He is also concerned about City employees using the drives as a shortcut, and did not want that to occur.  He said speeding had not been reported as being a problem.  Mr. Janku asked about the Bingo traffic coming down the alley and if there was something that could be done about it.  Mr. Patterson said that was something staff would look into.  Mr. Janku asked Mr. Patterson if he saw any sight distance problems potentially from that location of the driveway onto Lakeview.  Mr. Patterson said he had not looked at the plan itself as far as an elevation layout, but typically when there is a driveway like that, a yellow curb is painted to keep parking somewhat back from the drive areas.  That is something staff evaluates when the site plan is being reviewed.  Mr. Patterson reported staff would check sight distance and make sure it is a safe entrance.
    Mr. Kruse asked how a C-P zone would facilitate there not being an entrance on Lakeview.  He did not see how that would be possible unless the Ozark Mountain Barbeque was involved in it.   Mr. Hancock did not know how that property lies, so he was not aware if there will be an opportunity to do that, but he thought the City would be looking for a couple of ways in and out of the property on the plan.  He said when his department saw the sketch a few days ago, they thought the dual driveway was a good idea.
    Mr. Janku thought the Council would be looking at similar redevelopment situations on this strip of the Business Loop in the future, and the Council would need to be careful as to how this location serves as a guide to future development.  Mr. Janku thought the storm water issue could be addressed.  He agreed there are problems in the area, but did not think this project would significantly change the problems.  By focusing public attention on the problem, he felt there would probably be an improvement.  In addition, he believed the traffic issue was largely due to a lot of other problems in the area, which will also need to be addressed.  Mr. Janku thought valid problems were raised concerning City employees increasing the amount of traffic through the neighborhood.  He noted the City has discussed the possibility of  developing a satellite facility, and that would relieve some of the pressure.  The problem of traffic from other locations also needs to be considered to determine what could be done to eliminate the cut through traffic.  From a safety standpoint for patrons of the rink, Mr. Janku said the street access to Lakeview is necessary.  He would not want to force people to make left turns onto the Business Loop at dangerous times of the day.
    Mr. Campbell thought the traffic was manageable, and he has been impressed over the years when traffic tables have been put in.  He thought the City should move aggressively ahead in areas such as this one in installing some traffic calming devices that would help the neighborhood, regardless of whether development occurs or not.  He said the cut through could be managed in much the same way.   If one or two traffic tables are installed at the entrance in front of the building, he did not think there would be very many cars going through there if they could only travel at five to ten miles per hour.
    Mayor Hindman wondered if the City could require traffic calming.  Mr. Campbell noted that the applicant indicated he would do whatever was necessary to try to help the situation.
    Mrs. Crockett spoke in favor of the rezoning.  She said at the last meeting the Council approved a 30-foot wide street that will carry far much more traffic than what Lakeview will carry.  For safety reasons, she also felt there had to be an entrance onto Lakeview.  She did not think there would be much cut through traffic during the day, but thought it could be used for people dropping off skaters.  Mrs. Crockett urged Mr. Patterson to work with the engineer very closely on the storm water issues to make sure it is taken care of.  She did not see any difference between C-3 and C-P zoning at this point.  She felt the roller rink would be a great asset to the area.
    Mr. Coffman agreed with most comments of the Council and wondered if the Council should do something to encourage some traffic calming or control in the area.   He commented that the sewer situation in the area looks horrifying.
    Ms. Coble pointed out that the Council never requires traffic calming until a study of the traffic has been done.  She did not think it was reasonable to make it a condition in this particular development.  Ms. Coble felt the development should be allowed to proceed, see what the impact is, and then address whether something needs to be done.
    Mayor Hindman noted that the City has a lot of serious storm water problems and these are being addressed on a priority basis.  He was sure this situation would be measured with respect to the present priorities.
    Mr. Kruse felt the main concern to be the traffic that could be generated on Lakeview.  He did not see how a C-P zone would necessarily take care of that concern.  He asked if it would help if the Lakeview driveway was made either an entrance or an exit, but not both.  Mr. Patterson said that was probably one thing they could do under a C-P zone that there was no mechanism for under a C-3.  He said staff could work with the applicant to see if that would be something that would be to his benefit as well as to the benefit of the City.  Mr. Kruse did not believe that cut through traffic would occur in this instance due to the layout of the lot.
    Mr. Beck agreed and noted that there is a jog in the driveway.  He said there are several things the City could do to discourage cut through traffic, and he thought the layout plan presented this evening would be the best option due to the configuration of the lot and so forth.
    Mr. Kruse asked if the applicant would be willing to work with the Public Works Department to see if something could be worked out to decrease traffic and cutting through.  Mr. Rogers replied this would be agreeable, and added that the speed bump idea might be a good one.
    B28-99 was given third reading with the vote recorded as follows: VOTING YES:  KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B29-99     Rezoning property located between Westwind Drive and Barberry Avenue from A-1 to R-1
                  and A-1 and R-1 to R-2.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the Council had voted the request down earlier, but since that time the applicant had reviewed the opposition and has tried to address the concerns of the neighbors and the Council.  Based on that, he explained that the Council had agreed to rehear the request.  Included in the report is a list of the changes made since the last request relating to the number of lots, street connections, landscaping, and sidewalks.
    Mayor Hindman opened the public hearing.
    David Rogers, an attorney with offices at 813 E. Walnut, spoke on behalf of the applicant.  He said the listed considerations will be on the plat when it is present to the Council for approval.  He explained these would be self-imposed, binding restrictions.  To those, the applicants propose to add that there be no more than 24 lots on the R-2 portion of the property (tract B), and that the actual street connection to Westwind Drive (which will be shown on the plat) will not occur before the January 1, 2003, unless directed by the Council.  He said this would allow some time to address a possible solution to the street problem in the area by other access to I-70 Drive Northwest.   He said the Planning Department is relatively supportive of the restrictions the applicants have imposed, but they are questioning whether they would not have been better to do this through the PUD process.  Mr. Rogers said there is no question as to that being correct, but after dealing with this issue for 18 months, the applicants did not want to start over again.  Mr. Rogers assured the Council that a plat will not be brought back without the binding restrictions on it, and if this does not occur, he would encourage the Council to vote against it.
    Mr. Campbell noted that some of the conditions listed are items the Council normally sees in private covenants.  He asked what legal standing the City would have if these conditions were placed on the plat.  Mr. Rogers said a private covenant could, in fact, be changed.  When outlined on the plat, he said the developer could not change it without requesting the City's permission to do so.  Mr. Campbell asked who would enforce it.  Mr. Rogers said a private individual would enforce it, but it would be there and could not be changed without the City's permission.
    Glen Strothman, Homeview Properties, the applicant, said they have added many things to this request, and maybe even a few that Mr. Rogers is not aware of.  He said Mr. Boeckmann had drafted the language that would bind them to the extra restrictions placed on it.  He said the main problem they have addressed since their last meeting is the connection onto Westwind Drive.  Mr. Strothman explained that they have met several times with the residents on Westwind Drive, and they felt they have a good understanding of what was wanted and have agreed to eliminate the connection.  Mr. Strothman said the language for that elimination, until a better connection can be made onto Westwind Drive, is articulated in the document before the Council tonight.   He thanked all of the neighborhood groups that have worked with him on this project over the last year plus.  Mr. Strothman thanked Mr. Janku for his help as well.
    Mr. Janku said they had talked today about the development stages and other related issues.  Mr. Strothman explained that the plan calls for four lots on Westwind Drive, and it is their intention that these lots would be developed in the later stages of the development to further lessen the impact on Westwind Drive.  He said it is also their intention to provide a barrier across so nobody can cut through the existing easement to use the existing driveway to cut through to the other side.
    Gail Gary, 3611 Westwind Drive, explained that her understanding was that the developer agrees not to connect his subdivision to Westwind Drive unless Westwind is improved.  She also understands the developer plans to have the barrier he just mentioned which would prevent such access.  Ms. Gary asked if she understood correctly that a majority of Westwind residents would have to agree to the improvement of the street and their share of the cost and the City would be responsible for the rest.  She also asked if it was correct that such an improvement would be many years down the road, if ever.  Mr. Beck said that may well be right, unless there is a bigger need created than what there is currently.  He said if the residents desire the street to be improved, they can petition the City and it would be looked at.  Ms. Gary asked if Homeview could then adjoin Westwind.  Mr. Beck replied that is correct.
    Ms. Gary stated that Mr. Strothman has addressed her concerns satisfactorily, and she trusts his word that what he says is going to happen, will actually happen.   She felt he would build an attractive, quality project.  Ms. Gary reported she would not oppose his plan.
    Bill Rastifer, 1500 Westwind, thanked Mr. Strothman for meeting with the residents and addressing their concerns.  He said the access to Westwind had been their main concern, and they were still a little vague about a date.  He said Mr. Rogers mentioned a date of 2003, but he did not see a date on the list of conditions.  Mr. Rogers said it would not be earlier than that date.  Mr. Janku was hopeful they would have specific language in the agreement.
    Mayor Hindman closed the public hearing.
    Mr. Boeckmann understood that the date had been removed from the conditions after having met with the neighbors.  He said a connection would not occur until the street is actually improved, which may or may not be before or after that date.  Mr. Janku saw that as being more restrictive than the language used by Mr. Rogers.  Mr. Beck pointed out that the Council can initiate a street project at any time; however, on residential streets of this nature, that has not been occurring unless there has been a petition from the abutting property owners that would have to participate in the tax bill cost.  He felt it was safe to say that this particular street is not a priority street on any of their lists.
    Mayor Hindman asked Mr. Boeckmann to explain the language.  Mr. Boeckmann reported the language stipulates that there will not be a connection until Westwind is either improved down to the south, or if Westwind is continued out to the west.  If the street is improved either way, then the connection would occur.   Regarding the language relating to "any part of Westwind", Mr. Boeckmann said that had been included because, theoretically, there is a good possibility that there will actually be a connection if Barberry is improved -- there would be a way to get to I-70 Drive Northwest over improved streets, but it would not be direct and it would not be over Westwind.
    Mr. Janku pointed out that the subject tract will have street connections to the property west of the subject tract.  He felt it was important that the City develop a connection in this area to I-70 Drive.  He said the connection may come either to the east or the west.  He said if it comes to the west, the connection will be in place and will allow this tract to then flow to the south over that other connection.  Mr. Janku felt strongly that a connection in this area to I-70 Drive needs to be made a priority.
    Ms. Coble commented that it has been a long road and complimented those who worked to come to a point of reconciliation on all kinds of different fronts.
    B29-99 was given third reading with the vote recorded as follows: VOTING YES: KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CAMPBELL.  VOTING NO: NO ONE.  ABSTAINING:  CROCKETT.  Bill declared enacted, reading as follows:

B30-99     Voluntary annexation of property located on the southeast corner of Sinclair Street and
                  Southampton Drive; establishing permanent zoning.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that the total acreage involved is approximately 40 acres.  He explained that C-P zoning is being request on 5.47 acres, which was recommended for denial by the Planning and Zoning Commission; PUD-8 zoning is requested on 16.86 acres, which was recommended for approval on a 6-1 vote; and a request for R-1 on the remaining 17.9 acres, which had been recommended unanimously for approval by the Commission.
    Mayor Hindman opened the public hearing.
    Roy Rogers, 1614 Whitburn in Heritage Meadows, adjacent to the properties in question this evening, explained that the Heritage Meadows tract had been annexed by the City in 1995.  At that time, Southampton was extended 860 feet at the developer's expense, and at the expense of 860 linear feet of a mature tree stand.  He passed around a photo of what is currently left as the property goes west.
    Mr. Rogers stated the primary reason for moving Southampton, a 38-foot wide collector street, over onto his property was to save about 250 mature 30 and 40-foot hardwood trees.  By moving the street an approximate 180 feet, they will have created an attractive land of about 5.5 acres.  Mr. Rogers stated this is not a plan for a strip mall.  He passed around a drawing of what is intended.  The picture included two strips of sidewalk 1,580 feet long, which the developer intends on constructing.  He likened this plan to that of Corporate Woods in Kansas City, and Mr. Rogers reported that is what they would like this development to look like.
    Bill Crockett, an engineer with offices at 2608 N. Stadium, explained that he is working with Mr. Rogers on the project.  He said of the five plus acres being proposed for C-P, about 15% is consumed by the right-of-way of Southampton Drive, and the building footprints consume about another 15%.  The other impervious surfaces, including the driveways, parking areas, and sidewalks, consume approximately 39%, and the balance is landscaping area.  Mr. Crockett reported that amounts to somewhere between 45-50% of the total area being maintained in a pleasing atmosphere.  The entire length of the tract on the north side is bordered by extensive tree growth, and this will simply be expanded into the area and hopefully enhanced.  Mr. Crockett said there is a small tract, the wedge point, which is zoned R-1.  He said the applicant does not propose to change that, and it would be used for nothing more than landscaping.  He explained that he was referring to landscaping as planting and replacement of trees that will be mature in a matter of a very few years.  He said they fully anticipate to exceed 60 additional trees in the area.  The only trees on the entire tract presently are those within the fence row.  As the area develops, Mr. Crockett noted there will be between 400 to 500 residential properties within 15 minutes walking time, or less, of the commercial development.
    Mayor Hindman asked if there would be architectural control over the buildings   Mr. Crockett said there would be, and it would be controlled by Mr. Rogers, just like the rest of the subdivision regulations are.  Mr. Crockett reported that Mr. Rogers assured him early on that probably the first building in the development would be an office for his operation, so Mr. Rogers would not only be living in the area, he would also have his office in the area.  Mr. Crockett noted that none of the building footprints were of great consequence and would consist of approximately 4,500 square feet of building area.
    Mr. Campbell pointed out that the Council and others in the community have been looking at "walkable" issues.  He stated in this instance, the commercial and residential areas will be separated by a major collector street.  Mr. Campbell asked if there was any thought to making this development more of a walkable community than what is currently shown.  Mr. Crockett explained that it is not thought that Southampton, at this particular location, will be a high traffic street.  He said although it is a collector street, it will not carry the traffic Sinclair will carry.  Mr. Crockett reported there are concerns that if the commercial development is clustered around the intersection, more property to the west (namely the Sinclair Farm) would be affected.  In this particular case, PUD zoning is being requested on only 16 acres, and the rest of the development would consist of single family residential that would be intermingled with streets.  Mr. Crockett pointed out there would be a number of crossings to the commercial area, and they did not feel the safety situation would be a detriment to the area.
    Mr. Campbell asked how many acres of higher density was in Tract B.  Mr. Crockett said it would consist of 16.8 acres -- containing eight units per acre for a total of approximately 140 units.  Mr. Campbell said when including the rest of Mr. Roger's property, there would be several hundred living units.  He asked how they could say this would not generate much traffic.  Mr. Crockett said there would not be 16 acres net because of the street right-of-way, so they would barely have 120 units.  He said the atmosphere of the development would be geared toward the retired community, rather than families that would create much more traffic.  Mr. Crockett explained they were not so naive to think they would not have some family traffic that will be going to the nearby school.  He noted the community to the east, the 500 some living units, is the area on the existing Southampton Drive and in the fringes of the 15 minute walk time.
    Mayor Hindman closed the public hearing.
    Mr. Kruse felt the proposal was fairly reasonable and that it would be pretty attractive, but shared some of the concerns expressed by the Commission about the C-P portion.  He felt the Planning and Zoning Commission had done an excellent job of discussing it, and he liked their basic recommendations.  Mr. Kruse stated the main reason he could not support any commercial development at this location, planned or not, is that he did not intend to so unless there is some kind of architectural review standards in place.  He noted that he has been hearing complaints about the buildings at Forum and Chapel Hill, after an extensive agreement had been developed with the neighborhood and everyone assumed all of the buildings that went in would look good.  Mr. Kruse thought that by in large, most of them are attractive, but there have been considerable complaints about the gray semi-Butler Building type structures that have been constructed which are simply out of keeping with the rest of the architectural theme for that whole cluster of development.  He suggested the Council accept the Commission's recommendations.
    Mr. Campbell said this is a pristine area and that he and Mr. Janku had met yesterday to look at the site.  He felt this development provided an ideal opportunity to intermingle some of the small integrated commercial areas with residential.  He did not think the current plans reflect that.  He said Planning and Zoning had pointed out there would be no assurance of what would be there.  Mr. Campbell said he was closely involved with the development on Chapel Hill and Forum, so he was more than a little aware of what can happen even with the best of intentions.
    Ms. Coble felt the commercial development is in keeping with what the Council has continually sought.  She said it is planned, scaled down, and is not a strip mall development.  Ms. Coble observed that if the City is going to promote a walkable theme for purposes of improving the accessibility to residential developments, this proposal seems to have done that.  She said there will always be residential areas separated by streets.  Ms. Coble reported it is the City's challenge to provide safe pedestrian crossings to the commercial developments.  She felt this would be a big enough commercial development that the City's on-site architectural review will allow for a quality development.  Ms. Coble will support the proposal as requested.
    Mayor Hindman said he was also going to support this request.  He shares some of the same concerns, but also felt this is a big step forward.  Mayor Hindman would like to see some pedestrian crossings after the project is completed to ensure the area is truly walkable.  He said Mr. Kruse made a good point about architectural review, and when the Columbia 2000 report came out, it had been recommended that there be a voluntary architectural review.  Mayor Hindman thought that might be something the City should consider establishing.
    Mr. Janku said it was obvious the developer assumes that Southampton will proceed along the commercial edge in a straight line.  He asked if that was the case, what input the Council would have in terms of platting to either do something to jog the street or to incorporate some sort of device to provide a pedestrian break.  Mr. Hancock explained that the Thoroughfare Plan simply shows Southampton in a very general fashion running in that direction.  He noted the way Mr. Rogers described the road, he would be turning it down as an accommodation to the property owner to the north to save some trees and, therefore, the road would be moved toward the south.  Mr. Hancock said he would want to talk with some other staff members before stating whether or not the road could have an offset.  In terms of traffic control, he guessed stop signs could be put in at the Council's direction.
    B30-99 was given third reading with the vote recorded as follows:  VOTING YES:  HINDMAN, COBLE, JANKU.  VOTING NO: KRUSE, COFFMAN, CAMPBELL.   ABSTAINING: CROCKETT.   Bill defeated.

B32-99     Amending Chapter 29 of the Code to place a one year time limit on resubmittals of zoning
                  map amendments.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this time limit would be applied to specific tracts of land after the Council has denied zoning for the same or substantially the same request.   He said it could be waived by the Council upon the request of the property owner.
    Mayor Hindman opened the public hearing.
    There being no comment, Mayor Hindman closed the public hearing.
    B32-99 was given third reading with the vote recorded as follows:  VOTING YES:  KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B34-99     Amending Chapter 22 of the Code to establish a consistent expiration date for certificates
                  of compliance.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the Columbia Apartment Association is supportive of the concept of attempting to have all rental units under one ownership come up at the same time for renewal.  He said Mr. Patterson had been working with the Association, and this is the ordinance that had been agreed upon.
    B34-99 was given third reading with the vote recorded as follows:  VOTING YES: KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B37-99     Appropriating funds for the Route PP improvement project.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the City had deposited some money with the State Department of Transportation in order to move up the time frame for the construction of Route PP.  Since the State has reimbursed us, some interest was collected while the Commission held the funds in escrow.  Mr. Beck reported this money is being returned.   In addition, Mr. Beck explained that some redesign work had also been done to the benefit to the Burger King on Route PP, so they have reimbursed the City by $9,100.  It is suggested that these funds be placed in an account toward the Route PP project as the City has had to pay interest and other associated bond costs to make the money available.
    B37-99 was given third reading with the vote recorded as follows:  VOTING YES: KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

B38-99     Authorizing Change Order No. 1 to the contract with Westport Pools, Inc. for the Oakland
                  Pool renovation and appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that when the pool bids were taken, there had been a water play structure bid as an alternate.  The cost of the play structure is $78,763.  Because $15,000 had been saved in the construction of the pool, and because of the $9,000 donation by the Cosmo Luncheon Club, he suggested that $55,000.00 be borrowed from the City's Designated Loan Fund to pay for the water play structure.  He said it would be paid back from Parks and Recreation fees designated for capital project costs.  Mr. Beck again thanked the Cosmo Club for their donation, and indicated if any other groups or individuals wanted to help contribute toward the $55,000 it would be much appreciated.
    Mayor Hindman thought that by adding this improvement, it will probably increase the revenues of the pool.
    B38-99 was given third reading with the vote recorded as follows:  VOTING YES: KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  Bill declared enacted, reading as follows:

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

B26-99     Approving the final plat of M.N.S. Subdivision; authorizing a performance contract.
B27-99     Approving the final plat of Sidra Subdivision, Plat 2, a replat of Lot 7 of Sidra Subdivision,
                  Plat 1; authorizing a performance contract.
B31-99     Approving the final plat of Thornbrook, Plat No. 3.
B33-99     Amending Chapter 14-248 of the Code to correct an erroneous reference.
B35-99     Levying special tax assessment against property located at 207 Third Avenue for
                  abatement of weed nuisance.
B36-99     Accepting conveyances for utility purposes.
R26-99     Setting a public hearing: Worley Street and Again Street storm water drainage
                  improvement project.
R27-99     Setting a public hearing: voluntary annexation of property located at 2720 and 2750 Mill
                  Creek Terrace.
R28-99     Authorizing an assignment of the lease agreement for ground site at Columbia Regional
                  Airport with Central Bridge Company to APAC-Missouri, Inc.
R29-99     Authorizing an agreement with Rural Missouri, Inc. to issue small business loans using
                  CDBG funds.
R30-99     Authorizing an emergency shelter grant application to the Missouri Department of Social

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

R31-99     Authorizing amendment No. 2 to the agreement with Burns & McDonnell Engineering Co.
                  for services related to the Wetland Treatment Unit #4 construction project.
    The resolution was read by the Clerk.
    Mr. Beck explained that this would provide services for the construction of the wetland project for an estimated cost of $321,000, and $99,000 would go toward the construction administrative service fee.  Construction timing is estimated at 540 calendar days, with the bid date being March 23, 1999.  It is anticipated that construction will begin in May.  Mr. Beck reported that the Department of Natural Resources has reviewed the agreement and it has met all of their requirements.
    The vote on R31-99 was recorded as follows:  VOTING YES:  KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL.  VOTING NO: NO ONE.  Resolution declared adopted, reading as follows:

R32-99     Authorizing a grant request and grant offer for FAA projects at Columbia Regional Airport.
    The resolution was read by the Clerk.
    Mr. Beck pointed out the estimated cost to be $481,764, with $370,000 coming out of the 1999 federal allocation for the airport.  He said $121,700 was a carry over of the federal funds available at the airport.  Mr. Beck reported the grants would be primarily used to extend the apron southward to serve the Ozark hangar, and the construction of a lead-in taxiway along the main runway.  He explained that this is the grant that had been discussed earlier as a part of the overall proposal at the airport.
    The vote on R32-99 was recorded as follows:  VOTING YES:  KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R33-99     Authorizing an agreement with Chinn & Associates to provide architectural services for the
                  design of the MKT Trailhead Park project.
    The resolution was read by the Clerk.
    Mr. Beck said the estimated architectural cost for this project is $23,190.  The proposal is to complete the final drawings, plans, and specifications for the trailhead.  The overall project cost is estimated at $347,380, with payment for the project coming from a DNR grant, private donations, one-quarter percent capital improvements sales tax funds, and public improvement funds.  Mr. Beck pointed out that since the Council approved the Master Plan, there will have to be some amendments made to the plan as to the exact location of the restrooms and a storm water pipe in the flood plain area.
    Mr. Janku said he is looking forward to the completion of this project, and commended the people who have been raising funds and soliciting private support for the Trailhead.  He understood it is necessary to adjust a portion of the parking area that is adjacent to the park.  Mr. Janku hoped the long-term parking spaces could be preserved as the lot is adjusted.
    The vote on R33-99 was recorded as follows:  VOTING YES:  KRUSE, COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL.  VOTING NO:  NO ONE.  Resolution declared adopted, reading as follows:

R34-99     Authorizing and directing the City Manager to negotiate sale of City property to the Islamic
    The resolution was read by the Clerk.
    Mr. Beck said that some time ago the Council had asked the staff to work with the Islamic Center and the Trailhead Committee in regards to the possible sale of City property.  Mr. Beck explained if the Council approves this resolution, staff will proceed to negotiate the sale of the 50 foot by 300 foot tract of land adjacent to the Islamic Center property, between Locust and Elm Street.  Specifically, this tract includes an upper parking area and about one-half of the existing green space separating the two parking areas.  Other issues would include vacation of part of the alley, environmental testing of the area, surveys, rezoning, and rerouting of the Elm Street sewer easement.
    Mayor Hindman noted that there had been a request to table the issue.  He said the Council will be voting on that, but would welcome comments.
    Mark Farnen, spoke on behalf of the Islamic Center of Central Missouri.  He reported some information had recently been obtained that will enable them to respond to some of the questions posed by individual Council members, as well as by the MKT Trailhead Committee, in an affirmative manner.  Mr. Farnen explained the Islamic Center is investigating those possibilities at this point.  The Center is requesting two more weeks to investigate the possibilities more fully in order to allow for a more complete presentation to the City Council.  The request is to table this issue until the March 1, 1999, meeting.
    Waldo Palmer, 414 Alexander, was concerned that negotiations with the Islamic Center had been transferred to the Trailhead Committee.  It was his opinion that the Trailhead Committee has no legal right to try to negotiate the sale or purchase of property for the sale.  He asked if that was correct.  The Council agreed that the MKT Trailhead Committee has no legal right to negotiate for the City.  Mr. Palmer thought that the information the Trailhead Committee has reported to the Council should not be considered as negotiations had been conducted illegally.  Mayor Hindman said the Council did not authorize the Committee to negotiate the sale of the property.  Ms. Coble said she thought Mr. Palmer brought up a point in the perception, and what eventually occurred, was it did appear that the Trailhead Committee was representing the full City, which in her mind, was inappropriate.
    Mayor Hindman explained that the Trailhead Committee was an appointed group, they have interest in the MKT Trail, and the Council gave direction for this Committee to meet with the Islamic Center representatives.  He said the same is true with neighborhood associations -- groups of recognized individuals who oftentimes meet with developers to negotiate compromises.  In the long run, Mayor Hindman reported the Council is the recognized governmental body that makes the decisions.  Mr. Palmer said the Council should do the negotiations from the start.  Mayor Hindman explained that the City Council almost never gets involved in negotiations.
    Terkman Abdullatif, 4008 Grace Ellen, agreed with Mr. Palmer.  He said this issue has gone on long enough, and he wanted to see it come to an end.  He offered to help in any way.
    Jack Waters, a Trailhead Park Committee member, explained that this is a unique piece of property because it is adjacent to the Flat Branch Creek and the MKT Trailway.  He said the uniqueness is the primary interest in all of the discussions and negotiations at this time.  He assured the Council the Committee is willing to consider alternatives from the Islamic Center in terms of what they might want to bring to the table.  Mr. Waters explained the Committee wants to give the Islamic Center adequate time to do that, but by the same token, they would like to see some closure on the decision.  He felt March 1st would give plenty of time for consideration of alternative solutions.
    Linda Hawes, a mother of three, said one of the reasons she came back to Columbia was because it is so diverse.  She feels that the Islamic Center enhances the diversity issues in the community.  Ms. Hawes said it is extremely important to see space allotted to the Islamic Center so they can grow.  She observed before the Mosque was built, the property was an eyesore.  Ms. Hawes stated the Center is something the community can be proud of.
    Steve Jacobs, 913 Rangeline, said he remembered the Council instructing some of the City staff and members of the Trailhead Committee to work with representatives from the Islamic Center in order to work out a compromise.  He had been invited to the meetings by his friend, Mohammed ElDieb.  He commented that he had been surprised to see Mr. Campbell there, and wondered what his purpose was in attending the meeting.  He reported Mr. Campbell had offered a plan to the Islamic Center suggesting they trade some land they already own, for the land they wanted for expansion.  Mr. Jacobs said the Islamic Center declined the plan because they needed that land for the caretakers.  At that time, Mr. Campbell had told the representatives of the Center that they would have to give some land to get some land, and added that the people in his ward are against selling City property.  Mr. Jacobs felt that had unfairly hardened the attitudes of some of the Trailhead members as being not willing to accept the compromise which the Islamic Center offered.  Mr. Jacobs felt the Islamic Center adds a lot of diversity to this community, and thought the City could be a lot more straight forward with them.
    Mr. Campbell explained that he had been invited to attend the meeting by members of the Islamic Center.
    John Clark, 403 N. Ninth Street, spoke in support of a motion to table the issue, but thought that two weeks may not be long enough.  He felt that the real discussions were just beginning.  Mr. Clark thought a wider space that might eventually include both parking lots for a park would be totally inappropriate in that area.  He said allowing the Islamic Center to have the other land and maintain a park would be appropriate.  Mr. Clark commented if there is, at some future date, a larger public park in the area, it would be a public park in a town which does not prohibit alcohol use in its parks -- right next to a major religious institution which has deep feelings about the use of alcohol.  Mr. Clark said the expansion of the Islamic Center with a cultural center and an educational center would fit well into the vision Mr. Beck has about the west end of downtown being a museum, cultural, and entertainment center.
    John Ott, Chairman of the Trailhead Committee, 212 Bingham Road, said the biggest discrepancy the two groups encountered had been the amount of green space that each party would like to have.  He said where they disagreed for the most part was on the parking issue.  He believed the Islamic Center felt they have a greater need for parking than what the Trailhead Committee feels there is a need for.  Mr. Ott noted that the Islamic Center currently has 57,400 square feet of property.  He said their plans are for a building with a footprint of around 18,000 square feet, including their present building, which would leave a substantial amount of space left over for parking facilities, landscaping, and driving lanes.  He said the Committee felt the Islamic Center's facility should be built, but they felt they already have enough property to do that.  Mr. Ott commented for some reason the Islamic Center is unwilling to build a facility on their own property, and after several meetings, the Committee still does not know the reason.  He reported all the Trailhead Committee had been told is that it just is not exactly what the Center needs.
    Ms. Coble said that had not been the Committee's job.  She reported direction from the Council was not for the Trailhead Committee to be an architect, not to have judgements as to the value or worth of the proposal, but to see if there was a way in which both sides could compromise on the subject of the land in question.  It had not been the duty of the Committee to determine the amount of parking the religious community might need.  Ms. Coble observed there has been a great deal of press attention on the issue, which has created the perception that the Council has somehow given the Committee the authority to make these determinations.  Given the extent of the compromise she has seen through the Islamic Center's proposal, Ms. Coble asked what has been the spirit of compromise from the Trailhead Committee given the mission that was set-out for their involvement -- to negotiate a compromise just on the topic of the City-owned strip of land in question.
    Mr. Ott explained that when the Trailhead Committee looked for ways to compromise, one option way had been to determine how much green space would be in the area.  The Islamic Center's plan would consume 50 feet (initially 70 feet) of the 120 feet of green space in that area.  Mr. Ott stated it was only inevitable that issues of building and parking would enter into the conversation.  He noted these were issues that had to be discussed in the meetings in order to work toward a compromise.  He asked Ms. Coble if she agreed.  Ms. Coble said she did not -- not in the way he cast it.  Mr. Ott apologized, but said he felt that was true.
    Regarding the Trailhead Committee's willingness to compromise, Mr. Ott said they were looking to swap green space on that area of property that the Islamic Center could not build on.  He explained it had been brought to the Committee's attention that there is a storm sewer on the south side of the property, which would not permit placement of the buildings.  He said if that was the case, they felt it was an opportunity for their group to swap some land on the parking area, assuming it was available.  Mr. Ott said the Trailhead Committee presented that compromise because they thought it was an original idea, however, it was one that was not very readily accepted.  The compromise that was given after many, many hours was to reduce the Islamic Center's request from 70 feet to 50 feet.  After all of the discussions the groups had about a swap, Mr. Ott reported the Trailhead Committee felt like they had not accomplished much and were, therefore, disappointed with the outcome.
    Mohammed ElDieb, 2307 Cherry Ridge Lane, Chairman of the Board of Trustees of the Islamic Center, felt that misstated facts had been given on their behalf.  He said they had entered into negotiations with the Committee in good faith.  Mr. ElDeib explained that the Islamic Center had shared all of the information with the Committee regarding their buildings, their plans, and had brought their architect in for lengthy discussions with them.  To their surprise, he said they found their property being "trespassed" and subject to architects coming onto their property, as well as Committee members, to measure their buildings without consulting with the Center first.  Mr. ElDeib stated the Committee had come up with figures that the Center tried to respond to by explaining that the religious buildings that are being proposed require a certain orientation.  He said they tried to make that point several times in the meetings with the Committee.
    Mr. ElDieb said he is very frustrated and asked the Mayor and Council to put an end to the situation.  He said the Islamic Center has contributed to the area as good citizens, and they will continue to do so.  Mr. ElDeib reported the Center is willing to work with the City in good faith.  He pointed out that the Islamic Center will pay the fair market price for the property, and they intend to enhance the area.  Mr. ElDieb explained that this issue has cost them a lot of money -- in excess of $35,000.  He asked the Council to table the issue to the March 1, 1999, meeting.
    Ms. Coble made the motion that R34-99 be tabled to the March 1, 1999, meeting.  The motion was seconded by Mr. Coffman and approved unanimously by voice vote.

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

B39-99     Accepting a conveyance; authorizing payment of differential costs for 8-inch water main
                  serving Heritage Meadows, Plat 2; and approving engineer's final report.
B40-99     Accepting conveyances for utility purposes.
B41-99     Appropriating funds to upgrade continuous emission monitoring system at the power plant.
B42-99     Amending Chapter 14 to prohibit parking along both sides of Grant Lane from a point south
                  of Frontenac Drive to the intersection with Scott Boulevard.
B43-99     Authorizing an airline airport agreement with Ozark Air Lines, Inc.
B44-99     Accepting conveyances for sewer, street and drainage purposes.
B45-99     Accepting a domestic violence grant; appropriating funds.

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

(B)     Street Closure Requests.
    Mr. Beck noted that one street closure request was from the MU Cycling Team and the other one was from the Board of Education.
    Mr. Janku made the motion that the Council approve the requests as submitted.  The motion was seconded by Mr. Campbell and approved unanimously by voice vote.

(C)     Downtown Bike Racks.
    Mr. Janku made the motion that staff proceed with the Ninth and Broadway bike racks as per the report.  He further motioned that the staff be directed to perform subsequent inventories of bicycle parking in the downtown area, and install additional single bicycle racks alongside parking meters.  Even further, Mr. Janku motioned that the issue of making bike racks part of all developments be referred to the Bicycle/Pedestrian Commission and the Planning and Zoning Commission for their input back to the Council.  The motion was seconded by Mr. Campbell and approved unanimously by voice vote.

(D)     Traditional Neighborhood Development.
    Mr. Beck explained that the report was prepared by the Planning and Development Department and describes the concepts of a traditional neighborhood development district.  The report also suggests changes to current zoning districts.
    Mr. Kruse supported the ideas about additional changes in the planned districts and thought they were worth looking at.  Mayor Hindman agreed.  Mr. Kruse observed it seemed to imply the inclusion of architectural reviews.
    Mayor Hindman suggested a work session on the subject.  Mr. Kruse advised that perhaps the issue should be sent to the Planning and Zoning Commission for their review and comments.  Mr. Janku said the Commission would need to get a lot of input from the business community about what would work economically.
    Mr. Kruse made the motion that the report be sent to the Planning and Zoning Commission for their review and comments.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

(E)     Garth Avenue and Sexton Road Tree Replacement Plan.
    Mr. Beck explained that this plan calls for planting 39 trees at a cost of $8,500 in conjunction with the Garth Avenue/Sexton Road storm drainage project.  He noted the trees would be planted on private property and maintained by the property owners.  Mr. Beck commented it would require constant vigilance to keep the trees maintained.
    Ms. Coble said one of the benefits of this project is that the Ridgeway Neighborhood Association has been an active participant, and one of their members, Mr. Gilmore, has agreed to be the shepherd of the project to ensure this is a successful program.  She said everyone is working hard to get things processed in time for the spring planting season.
    Pat Kelly, President of the neighborhood association, emphasized that the association had voted unanimously to support this project.
    Ms. Coble made the motion that the tree planting project along North Garth proceed.  The motion was seconded by Mr. Kruse and approved unanimously by voice vote.

(F)     Replacement of Dexheimer Shelter in Cosmo Park.
    Mr. Beck suggested that the staff prepare an updated report for the Council to review.  He recently spoke with the Parks and Recreation staff, and had been told that the structure is not in good shape (but not dangerous) and probably needs to be replaced at some point in time.
    Mr. Janku noted an interest in having a shelter in the Valley View Park.
 It was decided a report was in order.

    Upon receiving the majority vote of the Council the following individuals were appointed to the following boards and commissions:

Clark, John G., 403 N. Ninth Street, Ward 1 - term to expire 3/1/01

Lee, Janet M., 4307 Sussex, Ward 4 - term to expire 3/1/02
Patrick, Leonard D., 219 Snead, Apt. 3, County - term to expire 3/1/02

Campbell-Carter, Dee A., 114 Pinewood, Ward 1 - term to expire 3/1/02
Finke, David H., 1106 Maplewood, Ward 4 - term to expire 3/1/02
Snell, Valeta M., 4114 N. Eldorado Ct., Ward 2 - term to expire 3/1/02

    Regarding the Lakeview situation discussed earlier this evening, Mr. Janku asked for a staff report about what could be done about traffic calming in the area.  He assumed the storm water situation was already being addressed.
    Mr. Janku said an issue had been brought up by the Disabilities Commission in context to the new parking garage.  He said the Council had talked a little about the problem (pertaining to stairs) on Eighth Street, just north of the parking structure that is being renovated.  He suggested that now is the opportune time, while the sidewalk is closed, to do something to take care of the situation.  Mr. Beck explained that would be a big project because of the property ownership underneath it.  He commented that is why the steps have not been removed.  Mr. Beck noted he tried to get the steps removed as part of the downtown improvement project.   Mr. Janku pointed out that money has been set aside for ADA purposes.  Mr. Beck said he would report back.
    Regarding the sidewalk in the area of Cherry, between Fifth and Fourth Streets, Mr. Janku said as discussions are initiated regarding the development of the Flat Branch area and the Trailhead Park, he wanted staff to be aware there is no sidewalk connection between Fifth Street and the Trailhead Park along Cherry.  He asked for a report.
    Regarding sidewalks downtown, Mr. Kruse notice on Locust, between Seventh and Eighth Streets, there is a large car stop in the middle of the sidewalk on the north side.
    David Finke, newly appointed member to the Human Rights Commission, thanked the Council for their confidence vested in him.  He reported he is looking forward to serving this Community as a member of the Commission, and had moved to Columbia because of its rich diversity.
    John Clark, 403 N. Ninth, said in reference to Report C and the downtown bike racks, when Dan Burden was in town doing the walkability audit, he was particularly unimpressed with the extreme distance people have when crossing streets.  He encouraged the staff to take this as an opportunity to consider the bulb outs and the other kinds of remedies.  Mr. Clark reported Mr. Burden very clearly identified the very high garden walls as an invitation to somebody eventually being maimed.  Mayor Hindman noted that the Council had discussed the planter issue earlier this evening.  Mr. Clark further explained that the Columbia Public Library District, with their expansion project, is beginning to consider the option of constructing a parking lot across the street.  He encouraged the Library representatives to contact the City to talk about it.  Mr. Clark thought it was a wonderful opportunity to design a major intersection, while addressing the concerns citizens have mentioned.  He noted that Mr. Burden would be in Missouri for four days in April.
    The meeting adjourned at 10:35 p.m.

                                                                                          Respectfully submitted,

                                                                                          Penny St. Romaine
                                                                                          City Clerk