DECEMBER 7, 1998

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

    The minutes of the regular meeting of November 16, 1998, were approved unanimously by voice vote on a motion made by Mr. Kruse and a second by Mr. Janku.

    Upon her request, Mr. Campbell made the motion that Mrs. Crockett be allowed to abstain from voting on B354-98 and B360-98.  The motion was seconded by Ms. Coble and approved unanimously by voice vote.
    The agenda , as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mr. Coffman.



B320-98     Approve the transfer of control of TCI Cablevision of Missouri, Inc. From
                    Tele-Communications, Inc. to AT&T.
    The bill was read by the Clerk.
    Mr. Beck noted that this issue has been tabled several times in order to give the City's cable subcommittee an opportunity to meet with representatives from TCI and AT&T.  He said a written response had been received pertaining to questions asked by the Cable TV Committee.
    Mr. Coffman explained that a couple of categories had been discussed at length -- one having to do with proposed technological upgrades and changes to the system.  He noted some upgrades were already in the works for TCI, but the City wanted to ensure these would continue when AT&T assumes control.  During discussions with AT&T, Mr. Coffman said the Committee had been assured upgrades would continue and, if anything, might be accelerated.  He stated that is the intent of the merger, and the City is likely to see Internet and other services enhanced as a result of this.  Mr. Coffman said the subcommittee had also obtained assurances and projections as to when the upgrades will occur.  The other main category discussed was a better way to receive information of a monitoring nature regarding the quality level of service that is being provided.  Mr. Coffman reported the City will be receiving this information on a quarterly basis from TCI -- which will provide monthly service call percentages, how they are met, the number of missed and on-time appointments, and the number of consumer complaints.  Mr. Coffman felt that would help identify future problems or areas where improvements have occurred.  He is hopeful the same kind of monitoring agreement can be obtained from Capital Cable.
    Mayor Hindman opened the public hearing.
    Dennis Kastens, Area Manager of TCI at 901 N. College Avenue, offered to answer any questions.  There were none.
    Dave Ormiston, 929 Sondra, asked if the City has to give TCI permission to sell to AT&T.   Mr. Coffman said TCI is required to request approval if the control is to be transferred.  He added that the ordinance also dictates the City may not withhold its approval unnecessarily or unreasonably.  Mr. Ormiston asked if the City has ever considered buying the system, and whether there is any control over the charges.  Mr. Coffman explained the City has very little power over cable rates.  He noted that Congress has regulated and deregulated the system, and he understood the City could file a complaint with the FCC with regard to basic rates.
    Mayor Hindman explained that when cable first came in to Columbia, there were hearings as to whether or not it should be municipally operated.  He said the community elected not to make it a municipal function.  He added that the same position had been taken since that time.
    Mayor Hindman closed the public hearing.
    B320-98 was read with the vote recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B353-98     Rezoning 209 and 213 Third Avenue from O-P to C-P; approving a C-P Development Plan.
    The bill was read by the Clerk.
    Mr. Beck noted that this rezoning request had been recommended for denial by the Planning and Zoning Commission at their October 22nd, 1998, meeting.  He said the applicant had requested that the issue be tabled to this evening.
    Mayor Hindman opened the public hearing.
    Tom Kardon, 1909 Jackson, said he bought the properties in question 14 months ago with the intention of building a parts store.  He stated he would like to demolish the houses as soon as possible.  At a neighborhood meeting recently, Mr. Kardon said 2/3rds of those who voted for the proposal approved the rezoning request (24 in favor and 14 against).
    Pat Kelly, 1007 Grand Avenue, President of the Ridgeway Neighborhood Association, said in September she felt she had a very clear mandate from the neighborhood association to speak out against the rezoning.  However, when the Kardon's reapplied, the association wanted to keep the process open and fair so the issue had been reopened and Mr. Kardon was allowed to speak at a recent meeting.  Ms. Kelly reported many of Mr. Kardon's supporters came to the meeting and filled out absentee ballots and left before the end of the meeting.  With those ballots, they carried the majority of the vote at that meeting.  Ms. Kelly stated residents were disappointed at that because no new information had been presented nor were any compromises reached.  She said the two groups are deadlocked at this point.   Ms. Kelly explained that the Ridgeway Neighborhood Association is working with the North Central Neighborhood Association and the Douglass Park Neighborhood Association to actually plan guidelines for the Providence Road corridor.  She noted that Mr. Kardon is also on the committee.  Ms. Kelly observed that zoning lasts forever and it is too early, at this point, to make a change.
    Mrs. Crockett asked how close Ms. Kelly lives to a commercial development.   Ms. Kelly replied that Mr. Schuster's business is across the street from her home; however, that structure has always been a business (it was previously the Grand Avenue Grocery Store).  She said there was no loss of a residential structure for it.  Mrs. Crockett asked if Ms. Kelly purchased her home knowing there was a commercial business across the street.  Ms. Kelly said she did.
    Mayor Hindman asked Ms. Kelly if she was concerned about the loss of a residential house.  He thought it seemed clear that had already happened, and the property would be used for either an office development or a car parts store.  Ms. Kelly said she is not sure there could never be a residential house at this location again.  Her vision of the neighborhood is that it will be an area where people want to buy homes.   She said part of her objection is the fact that a commercial building tends to encroach and swallow up neighborhoods.
    Keith Lindeman, 1316 Bradshaw, a social studies teacher at Hickman High School,  said the United States has been built by immigrants like the Kardon's.  To create a viable business in an area in transition seemed to be a good proposal.   With Columbia's growth, the main thoroughfares will likely become business and commercial centers.  Mr. Lindeman said he would like to see well cared for properties built all around Hickman High School.
    Karl Edwards, spoke in favor of Mr. Kardon's request.  He felt the neighborhood was mainly concerned about traffic through the neighborhood.  He noted that the proposal is for a business on the fringe of the neighborhood, not in the middle of the neighborhood.  He said some traffic might come down Third Street, but most people would probably approach and leave from Providence Road.  Since the neighborhood voted 60 to 65% in favor of the rezoning, Mr. Edwards suggested that the Council  reconsider their vote also.
    Greg Bacon, a former resident of the Ridgeway neighborhood for 12 years, asked the Council to oppose the rezoning application.  He said it would only open the door for commercial into the neighborhood.  Mr. Bacon requested that the Council give consideration for creating a master plan for North Providence Road so the people of Columbia have a corridor that welcomes visitors to the community.
    Rod McBride, spoke on behalf of Bruce Lynch, property owner at 204 Third Avenue (across the street from the subject site).  Mr. McBride explained when Mr. Lynch bought the home, he did so because the City had said they were committed to the revitalization of a residential neighborhood.  Mr. McBride said that poor management lead to the dilapidated condition of the structures in question as frequent inspections had not taken place to ensure tenants were taking care of the properties.  Regarding the vote at the last meeting, he understood that 60% of the actual homeowners were against the car parts proposal.  Mr. McBride observed that people who rent do not have a stake in the neighborhood because they can pick up and move any time they want to.
    Mrs. Crockett asked how long the house that  faces Providence has been zoned O-P.  Mr. Hancock said it was rezoned on February 16, 1998.
    Tonya Goodman, 2300 Maricopa, said she had not been a member of the Ridgeway community for several years.  She has been a client of Mr. Kardon's for many years.  Her concern was for the safety of the children in the area, and because of the access on Providence and the minimal traffic that the business would generate, she felt confident in supporting Mr. Kardon's request.  Ms. Goodman did not feel it would be detrimental to the community in terms of traffic, and thought it definitely would be an improvement to the area.
    Barbara Doxley, a Third Avenue resident, said she has lived in the neighborhood for 18 years -- and would like to stay there.  She did not want a car parts store on the corner.  Ms. Doxley suggested the Kardon's find somewhere else to put it.
    Jayelle Meyer, not a resident of the area, explained how difficult it is to find foreign car parts for her Audi.  She has to purchase parts, usually out of state, in order to keep her car running.   She explained that Mr. Kardon does not have the space in his present store to keep parts.  Ms. Meyer said what Mr. Kardon is wanting to do is to build a wall to protect the neighborhood and the children in it.
    Lisa Nauman, vice-president of the Ridgeway Neighborhood Association, explained how the vote was taken at the meeting on Saturday.  The vote had been 24 to 16 in favor of the auto parts store; however, after the meeting, it had been determined that four of the votes in favor had been cast by non-registered members, and that the Kardon's collectively cast three votes when they were entitled to only one according to the association's constitution.  That breaks down to 18 legitimate votes in favor of the zoning.  Further, she said that a registered member of the association opposed to the proposal was so intimidated by a verbal attack she was too uncomfortable to stay for the vote.   She thought it safe to say that the Kardon's have the support of probably less than 50% of the neighborhood as evidenced by the dozens of member signatures collected on the petitions given to the Council last fall.  Ms. Nauman said neither the City Council nor the Ridgeway Neighborhood Association could  afford to spend any more valuable time or resources entertaining the Kardon's personal interests.  She is confident the City Council would not allow the opinions of crude bullies to dictate the fate of the Providence Road corridor.
    Joanne Rainey, 21 Fourth Avenue, a neighborhood association member, asked permission to read a letter from another Fourth Avenue resident who could not be present.  She noted the letter also speaks her opinion.  The letter was from John Cupp, who lives at 117 Fourth Avenue.  Mr. Cupp asked for the Council to disapprove the rezoning issue.  One of his reasons was that the Council had voted against the issue the last time it appeared before them.  At the association meeting on Saturday, Mr. Cupp wrote that Mr. Kardon had said he wished only to own a business, not to own rental property.  The letter also stated that Mr. Kardon said he would never repair his houses, he would just let them deteriorate.  In addition, Mr. Cupp wrote that Mr. Kardon had stated that soon he would move back to Greece to care for his elderly mother and young Ted would operate the business.  It was pointed out that young Mr. Kardon is receiving a 4.0 at the University and is already being recruited by major corporations for his computer ability.  Residents are doubtful young Ted would stay in town, which made them wonder what would become of the property.
    Ted Kardon, 1909 Jackson,  said he regretted going to the Council before talking to the Ridgeway Neighborhood Association, but they did not know the association existed until they tried to rezone the property.   He did attend the meeting last Saturday, and the final count announced was 24 votes in favor of the rezoning and 14 against.
    William Watkins, 406 N. Ninth Street, said he had never received information about the association meeting.  He thought the neighborhood association was giving Mr. Kardon a bad time.  It was his opinion that the parts store would be a "mom and pop" operation and would be good for the neighborhood.
    Vernon Forbes, 1007 Grand Avenue, a developer of the Ridgeway Neighborhood Association, explained the vote on Saturday.   He said if people vote on the same thing 20 times, it will eventually pass.
    Roy Owen, 407 Pershing, said he would not have a problem with Mr. Kardon's parts store if he lived on Third Street.  He thought the store would benefit the community.
    Jerry Venom, 200 Third Avenue, did not see a parts business bringing any more traffic than the Pioneer or Brinks.  Mr. Venom asked the people in favor of the request to stand.  Approximately two dozen people stood in support.
    Chris Richards, 6 Fourth Avenue, said a lot of the students bring foreign cars to town.  He said it would be much cheaper for them to deal with Mr. Kardon.
    Reverend Sharon Patton, a board member of the North Central Neighborhood Association, handed out copies of the October 22 statement submitted to the Planning and Zoning Commission.  She is hearing two different visions of what people felt their neighborhood should look like.  She said North Central is right across the street from this property, so they have taken a vital interest in what happens with the property.  She said the Kardon's have been invited to all of their meetings and they have attended at least three of them.  Reverend Patton explained that the statement handed out contained five items outlining the reasons for their objections to the project at this particular location.  She reported the association is not saying a car parts store is a bad idea, but they would like to see it in another location -- one that is better suited for the amount of traffic it would generate.
    Charles Rohr, an employee of Tom's Imports, said he has worked on European cars and knew what problems they could be .  He said it would only benefit Columbia to have a foreign car parts store.
    Larry Schuster, 3109 Hill Haven, owner of Pioneer Window Works, said along this corridor, the bulk of the property is either vacant or in transition.  Mr. Schuster is concerned about turning problems, traffic, appearance, and the City's commitment to the neighborhood.  He said these are not things the Council could easily debate and decide tonight.  Mr. Schuster reported the area is changing and the street is probably not going to be residential in nature, but asked if that meant the City has to go to the opposite extreme -- to full blown commercial.  He suggested a specialized study for just the Providence corridor.
    Wanda Leach, 106 E. Forest, said residents have had to fight drugs and crime in their neighborhood, and she felt the car parts store should go somewhere else.
    Mayor Hindman closed the public hearing.
    Mr. Campbell said a special study had been made of the area in 1985 and 1986 as part of the planning for the development of the City of Columbia.   He said they looked very closely at North Providence Road and there had been some heated debates as to what should be done in the area.  He explained that the best solution they could come up with at the time was for offices to be located along the area.  The reason behind that was that they did not want it to become another Business Loop 70 and, further, they wanted to help defend the neighborhood.  Mr. Campbell said it had been recognized that a strong central city is vital to the City of Columbia.  It was also recognized that office developments would not have the same impact, the same creeping possibilities that is associated with commercial areas.  He reported as that plan is in place, he felt it should be honored.  Mr. Campbell said his position is that this is an attractive development in the wrong place.  To date, the City staff has voted against this, it has received two negative Planning and Zoning Commission votes, and the Council has voted against it once already.
    Mr. Janku said he recognized Mr. Kardon's dream and thought he could achieve it.   He said both sides of Providence Road have redeveloping neighborhoods, actually doing well.  He said it has been a long, slow process with a lot of commitment by individuals who put down their own money and time and labor to help redevelop the areas.  As part of that, Mr. Janku stated those neighborhoods need stability.  He said for the third time he would have to oppose this request.
    Ms. Coble said there is obviously a need for this kind of business in the community, but she did not think the plan went well with this location.   She said her commitment to the neighborhood is for its further enhancement and the strengthening of the area, and the protection from inappropriate commercial development.  Ms. Coble stated she would continue to oppose this request if it comes up again.   She noted it is a nice plan, but in the wrong place.
    Mrs. Crockett said the house on the corner has not been kept up for years and it was not Mr. Kardon's fault that the structure is in the shape it is today.  She acknowledged he did purchase it, so it is his responsibility now.  Because the house is across the street from the Hickman ballfield, Mrs. Crockett said she did not see a residential development going in on Providence Road.  Mrs. Crockett felt the traffic would come off of Providence onto Third into the parking lot.  She did not believe that Mr. Schuster has to provide off-street parking for his business, but said Mr. Kardon would have to.  Mrs. Crockett believed the traffic generated by an auto parts store for imports would be far less than that created by any kind of office building that could be developed at this location.
    B353-98 was read with the vote recorded as follows: VOTING YES: CROCKETT.  VOTING NO: HINDMAN, COBLE, JANKU, CAMPBELL, KRUSE, COFFMAN.  Bill defeated.

B354-98     Authorizing construction of an 8-inch water main serving Heritage Meadows, Plat 4,
                    payment of differential costs above those to install a 6-inch water main; appropriating
    The bill was given second reading by the Clerk.
    Mr. Beck said the total appropriation coming out of the Water and Light funds would be $830.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B354-98 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CAMPBELL, KRUSE, COFFMAN.  VOTING NO: NO ONE.  ABSTAINING: CROCKETT.  Bill declared enacted, reading as follows:

B357-98     Accepting the work on Sanitary Sewer District No. 138; approving the engineer's final
                    report; levying and assessing special assessments; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this is a fairly large public improvement project, the first one under the Council policy establishing guidelines for the maximum amount to be tax billed on undeveloped property until such time the property is sold.
    Mr. Patterson explained that the purpose of the public hearing is for the Council to determine if the properties have incurred special benefits and, if so, to levy special assessments against them.
    Mr. Patterson reported that this sewer district was formed in May of 1994, with construction of the project being authorized by public hearing on May 19, 1997.  The sewer district consists of slightly more than 97 acres located north of Waco Road and east of Paris Road.  He said the district is a combination of developed and undeveloped property.  The actual project consisted of approximately 3,000 feet of 15" sewer line, and 600 feet of 8" sewer line extending from the northeast corner of Waco Road and State Route B in a northward direction.  Mr. Patterson said the total project cost, which included right-of-way acquisitions, was $108,624.39.
    In accordance with current City policy, Mr. Patterson stated the sewer utility is responsible for the cost of extending the sewer to the 80-acre point, and the over-sizing of the line above the 80-acre point -- which is necessary to take in some areas outside the district.  That total amount was $15,730.60, leaving a balance of $92,893.79 to be tax billed to the properties on a square foot basis.  This had been calculated to be just over two cents per square foot of property.  If approved, he noted that the assessments would range from $485.66 to $55,612.48.  Mr. Patterson also noted at the time of the public hearing, it was estimated the assessments would be from a minimum of around $1,700 up to a maximum of $72,000.  Mr. Patterson said the City received good bids on the construction, but another factor in the lower assessments had been the donation of sewer pipe by Uponor (one of the property owners benefitted by the project).  Mr. Patterson said the reductions would have been even greater had it not been for the expenditure of over $21,000 for land rights on property crossed by the sewer line, which is also being benefitted by the sewer line.
    Mr. Patterson explained that the sewer district contains two tracts of land that are subject to deferred tax bills.  It is proposed that the initial assessment of both properties be kept at $5,000, and the balance would be assessed when the properties are sold, conveyed, split, subdivided and rezoned, or if the number of water meters serving the lot, tract or parcel of land is increased.  This means there would be a deferred tax bill on the project of $53,363.95, and the balance of $39,529.84 is what is being proposed for immediate tax billing.
    In order to levy the special assessments, Mr. Patterson said the Council would have to determine there have been benefits accruing to the property that are at least equal to the assessments being proposed.  He suggested the Council consider that the project has eliminated any environmental and potential health hazards that have existed due to on-site treatment facilities (such as septic tanks and an overloaded treatment plant which discharged into an open ditch).  The project also eliminates the financial obligation for maintaining the on-site treatment facilities, and the construction of the sewer line traditionally will increase the value of the property significantly by having a public sewer available to it.  If after receiving public comment the Council feels benefits have accrued to the property in an amount at least equal to the assessment, Mr. Patterson said the ordinance before the Council should be approved.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Janku said this is an excellent project.  However, he suggested the City should make an adjustment to the interest rate for future tax bills, which is currently at nine percent.
    B357-98 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B358-98     Voluntary annexation of city-owned property located on the north side of Hinkson Creek
                    Road, east of Hinkson Creek; establishing permanent A-1 zoning.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this land is located west and adjacent to a City landfill.  He noted that a public hearing was held previously.  He said the Planning and Zoning Commission had recommended approval.  The staff suggested permanent A-1 zoning.  Mr. Beck stated the property acts as a buffer to the landfill, and the City is considering plans to look construct a maintenance and storage facility on the northern portion of the property
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B358-98 was given third reading with the vote recorded as follows; VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B359-98     Rezoning property located at 1206 E. Walnut Street from R-3 to C-2.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this property had once been owned by Stephens College, but it was now under private ownership.  The staff recommended approval as did the Planning and Zoning Commission on a 6 to 2 vote.  One person had spoken in opposition to the rezoning.
    Mayor Hindman opened the public hearing.
    Bruce Beckett, an attorney with offices at 901 E. Broadway, spoke on behalf of the owners, Newton and Joyce Riley.  He explained that the Riley's purchased the property in November of 1996, and, at that time, it was being used by the Columbia Public Schools as an office building.  On the Land Use Plan, the property is shown as institutional, but since Stephens has been divesting itself of its properties, Mr. Beckett reported that use will no longer be made of the property.
    Mr. Riley's request is for C-2 zoning, and Mr. Beckett explained the property is detached from the Central Business District by a parking lot that serves the Ramada Inn.   Mr. Riley's intention is to renovate the building and use it for office, some residential, as well as some retail.
    Mr. Beckett stated that the property consists of 18,000 square feet of land (the building is 15,650 square feet) and there are 28 parking spaces on-site.  He distributed a brochure showing the four story building and a floor plan for each story.  He said it is Mr. Riley's belief that the rectangular portion on the first, second, and third floors would be conducive to apartment units,  the new addition conducive to office uses, and the terrace level conducive to a retail use.  Although 28 parking spaces are not enough to satisfy parking requirements in any zoning district, Mr. Beckett said it is substantially more than most C-2 businesses have.  To mitigate any strains on parking, Mr. Riley also owns all the property from the site in question to College Avenue, including Dearing Hall which has now been converted into multi-family residential apartments.  Mr. Riley also owns several properties in the neighborhood on the north side of Walnut, including a 60 car parking area at the northwest corner of Walnut and College Avenue.  Mr. Beckett reported those sites would be available for people who reside and work in this building.
    The only adverse comment heard at the Planning and Zoning Commission meeting was that perhaps this would put more traffic on Hubbel Street, which lies directly across Walnut to the north.  He noted that Hubbel is a very narrow one-way street -- traffic flows to the south towards Walnut.   He explained the route one would have to take to use Hubbel Street, which would make no sense.
    Mr. Janku asked about the restrictions on alcohol that had come up at the Planning and Zoning Commission meeting.  Mr. Beckett explained that Mr. Riley had thought there were restrictions of that nature in the transaction with Stephens College, but after reading the restrictive covenants, Mr. Beckett said the restrictions apply to adult entertainment, animal clinics, and half-way houses.  He saw no restrictions on alcohol, but it is not Mr. Riley's intention to allow a business with alcohol sales.
    Mr. Janku asked if Mr. Riley had a position regarding inclusion into the Special Business District at this point.  Mr. Riley felt that the downtown district should extend to College Avenue.  Mr. Riley noted that he has a sizable investment in the area and said he would not do anything to hinder those properties.
    Linda Rootes, 807 N. Eighth Street, board member of the North Central Neighborhood Association, explained that the property in question is just across the street from the association.  It is her personal feeling that as the redevelopment of the area occurs, residents have been very pleased with the way Mr. Riley has been improving the properties in the neighborhood.  Ms. Rootes indicated that the association would like to see the building renovated and preserved, as opposed to having it demolished and something else built on the site.   She noted the preference is to have people work out their parking needs rather than requiring more surface parking to be built in the neighborhood.
    Mayor Hindman closed the public hearing
    B359-98 was given third reading with the vote recorded as follows: VOTING YES:  HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B360-98     Rezoning property located between Westwind Drive and Barberry Avenue from A-1 to R-1
                    and R-1 to R-2.
    The bill was given second reading by the Clerk.
    Mr. Beck pointed out that this rezoning had been recommended for denial on a 4-1 vote by the Planning and Zoning Commission.  Three commissioners had abstained.  He noted that Mr. Janku had asked for information on accident reports and that had been included in the packets.
    Mayor Hindman opened the public hearing.
    Glen Strothman, offices at 33 E. Broadway, spoke on behalf of Homeview Properties, the applicant.  He indicated they had been working on the project for almost a year and significant changes had been made since they began.  When platted, the properties would contain legally binding restrictions to include no more than 24 R-2 units.  Mr. Strothman noted that number is down from 51 to 24.  He said a homeowners association would be created, along with covenants and restrictions that will include the following:  Several trees at least two inches in diameter to be planted on all properties; lawn maintenance would be professionally managed; and an architectural review so buildings will vary in elevation to relieve the monotony.  Mr. Strothman felt the most significant addition to be the proposal to add a pedestrian walkway along Barberry Avenue that would include landscaped berms.  He said berming would continue around the entire perimeter of the property.  He stated the pedestrian sidewalk would actually connect this neighborhood to Valley View West and tie into an existing sidewalk there.  The problem of people having to walk in the streets would be eliminated.
    In anticipation of how they might be expected to connect to Westwind or Barberry , Mr. Strothman said this development is seen as an additional outlet for Westwind.  He said they had met with many, many residents of the area, and they had also circulated a petition throughout the neighborhood where they have gathered support for the plan in its current state.
    Mr. Janku asked how the rezoning would bind the plat.  Mr. Strothman said the covenants and restrictions will be provided prior to platting of the property.  He said the requirements would be incorporated in the plat.  Mr. Strothman said they did not expect to receive plat approval unless they incorporate all of the items mentioned.
    Mr. Campbell said many of the things Mr. Strothman mentioned are very attractive, but his problem has always been with the off-site improvements -- the Westwind access.  He asked if any progress had been made on what might be done to make that situation less dangerous and more accessible.  Mr. Strothman said they have spoken with a lot of people that live in the area, and have also agreed to speak to the Highway Department as far as a guardrail is concerned.  He said they also agreed to speak to the Board of Education regarding bus transportation and the rerouting of it.  Mr. Strothman saw this proposal as a way to avoid that intersection by going in the other direction on to Barberry Avenue.  He understood the City's position in that they do not want to get caught up in improving an area when it is in transition and there is the possibility of another better connection.
    David Rogers, an attorney with offices at 813 E. Walnut, spoke on behalf of the applicant.  He explained that one of the reasons the applicant was proposing to put the restrictions on the plat itself is so that they could not then later be amended by anyone owning the property.  Restrictions that are once self-imposed upon the plat could only be changed by going through the entire rezoning process, and then the City would become a party to the restrictions.  Mr. Rogers believed that what Mr. Strothman is proposing, at least as far as pedestrian traffic in the area is concerned, is a substantial increase in the safety of the area.  In addition to the required sidewalks, he said the pedestrian walkway along Barberry would be a substantial improvement for the neighborhood.  Mr. Rogers also noted the traffic generated by this development would be no more than an R-1 development.  Mr. Rogers felt this is a well thought out development.
    Bill Rastifer, 1500 Westwind, explained that residents are in the process of forming a neighborhood association at the present time.  He thought one unanimous issue amongst the neighbors relates to safety.  He said Mr. Strothman is a responsible developer, but they wanted to see some attention given to the approach of Westwind.  He said not everyone would use the other access out of Valleyview because it would be too far out of their way.  Mr. Rastifer explained that the school bus stop is at the intersection of Westwind and I-70 Drive NW.  He said there is no walkway at all and his daughter had to jump in the ditch because there is not enough room for two cars coming in opposite directions.
    Gail Gary, 3611 Westwind, said the changes to the plan were good, but the fact remains that an R-2 development would involve an increase in traffic.  In addition, the Barberry residents that might use the proposed walkway would have to go down to the entrance of the subdivision, which would practically defeat the purpose of the walkway.  Ms. Gary was concerned about the covenants because the City is not responsible for enforcing them.
    Mayor Hindman asked how the residents would feel if a pathway went around the subdivision.  Ms. Gary said she did not know how she would feel, but said she guessed they would have access.  For herself, she would still have to walk down to the end of the street in order to gain access to the walkway.  Mayor Hindman said one of the arguments was that if Westwind is improved, not only would people be tax billed, but they would lose some of their front yards.  He asked Ms. Gary if she would be opposed to that improvement going in.  Ms. Gary said she was not opposed to the improvement, however, she explained the difficulties associated with the lack of footage available to widen the street.
    Robin Nutall, 3506 Westwind, also spoke about the residents and their concerns about safety issues.  She noted that she had never seen any petitions, but she had been told that the signatures belonged solely to renters.
    Christine Nichols and her neighbor's son, Cameron, 3508 Westwind, said she was speaking tonight on behalf of the children in the area.  She felt an R-2 development with connecting roadways to Westwind Drive would be greatly hazardous to everyone in the area.  She said the connection would expand their small residential neighborhood to an area that would be mostly duplexes.  Ms. Nichols reported this development would drastically alter the neighborhood, and residents are very opposed to it.
    Mr. Strothman explained that this is his neighborhood also, and he has a big stake in any development that occurs.  He has friends and family living in the area who have children, and that is one of the reasons they are proposing the sidewalks -- not only the walks they are required to build, but walks in addition to that.  Regarding the sidewalk connection onto Barberry and the statement made about the only access being to the far east, Mr. Strothman said that was incorrect.  He said they would provide connections in at least two other spots along Barberry Avenue so the people living on Barberry could walk directly across the street and get onto that sidewalk.  Mr. Strothman believed that until a viable neighborhood is developed in the area, residents would not see any connectability or improvement to the infrastructure.
    Mayor Hindman closed the public hearing.
    Mr. Janku admitted the applicant has greatly revised his proposal and it is a major improvement.  He felt eventually the property would develop in an excellent way, but realistically he felt it was just not ready.  He said there are no plans in place, nor is there money in place, to make the improvements that are necessary to have the access to I-70 Drive.  He noted the Council discussed this problem even before Valleyview was developed.  When the initial plats came in for Valleyview West, he said there was a lot of concern about it.   Mr. Janku is doubtful that the Council would say that the infrastructure in this particular location was such a priority that the next time any money is put into capital improvements they would put it there first.  He said there are a lot of needs in the community that are unfunded, and it is tough finding the money.  Mr. Janku said he would love to have the street improvement put in, but he did not see that happening in the near future.
    Referring to the density previously eluded to, Mr. Kruse asked if the development were to be all R-1, whether Mr. Janku would feel the same way.   He noted the Council rarely defeats R-1 proposals.  Mr. Janku agreed.  He remembered what had occurred with Valleyview West -- when construction had actually been delayed for a number of years with the hope that the southern extension would be put in.  He said the extension was never put in and what exist today is a major development which has no direct access to I-70 Drive.  Within the last year, Mr. Janku said there had been the potential for an extension and the City may need to eventually fund a public improvement paid for by tax dollars.  He felt this to be one location not yet ready for development.
    Mr. Campbell said the Council oftentimes takes risks and approves development ahead of infrastructure.  The issue most disturbing to him in this case is the risk at which residents would be placed, regardless of an R-1 or an R-2 project.  He said it is so dangerous that he is unwilling to put even future residents who might buy the houses or rent the duplexes associated with this development at risk.  Mr. Campbell felt he would have to oppose this request until there is better infrastructure.
    Mayor Hindman said there a lot of things he likes about the development.  He said the new sidewalk on the north side of the development, along Barberry, would create a much safer situation than what currently exists.  He reported there would be significant pedestrian safety improvements, but acknowledged there would also be an increase in traffic on Westwind.
    Mr. Kruse said he voted against the previous proposal, but this one is obviously different.  He said the developer has clearly taken some very strong steps to improve the proposal.  Mr. Kruse noted that he has been very critical of previous duplex developments that have transpired in the City.  He reported this proposed development is exactly how changes could take place, i.e., the professional lawn maintenance and the variety to the architecture.  Mr. Kruse saw a lot of things to commend the plan.
    Ms. Coble agreed the plan has been improved and that there a lot of good elements to recommend it, but that did not change the fact that the infrastructure is not there and the roadway is unsafe for the amount of traffic it carries.  She said no amount of improvements on the interior site would change that.  Ms. Coble observed the increased amount of traffic is not going to have good access, in or out.
    B360-98 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, KRUSE, COFFMAN.  VOTING NO: COBLE, JANKU, CAMPBELL.  ABSTAINING: CROCKETT.  Bill defeated.

B361-98     Rezoning property located north of Nifong Boulevard and east of buttonwood Drive from
                    A-1 to C-P.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that the Planning and Zoning Commission had recommended approval, subject to all restrictions listed under C-P as well as some design considerations.
    Mr. Hancock explained that the staff and the Commission had prepared some recommendations that the Council accepted a few meetings ago.  He said the recommendations included this tract and the land use on it.
    Mayor Hindman opened the public hearing.
    Bob Smith, 709 Russell Boulevard, explained that the property in question is owned by the Red Oak Development Company, and was originally platted for a planned development -- with most of it primarily being residential structures.  With the planned realignment of AC and the development of Green Meadows Road, the planning for this tract had to be reassessed.
    Mr. Smith noted the property to the west of the tract in question is now zoned C-1, and the Planning Department determined there should be a transition zone from C-1.  At that time, Mr. Smith said they agreed to rezone this tract to C-P.  He reported there have been meetings with the area residents to ascertain what types of businesses they would prefer, and the consensus had been more neighborhood-type stores and developments.  Mr. Smith said they agreed to that also.  He reported a whole series of uses had been eliminated.
    Mayor Hindman closed the public hearing.
    Mr. Kruse thought the proposal was a good one and he planned to support the request.
    Ms. Coble noted the description for a fast food restaurant.  She said a portion of the description included wording stipulating that, "customers are encouraged, if not required, to do the busing".  Mr. Janku said this is a good point because it is probable there would be similar requests for similar uses.  He suggested that the definition be fine tuned.  Mr. Hancock explained that staff had found this definition in another ordinance, and had been surprised that Columbia's ordinance did not have a distinction between fast food and sit down restaurants.
    B361-98 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B362-98     Amending Chapter 29 of the City Code to adopt provisions relating to live adult
                    entertainment businesses.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that an amendment sheet had been prepared at the request of Mr. Janku relating to parking requirements and recreation facilities for children.  He pointed out that the bill includes the 750 foot distance between protected uses and adult entertainment businesses.
    Mr. Janku explained that his proposed amendment has two provisions; one would apply to protect a zone around recreational facilities for children, and the other restriction would require that such businesses meet all current parking requirements on-site -- parking cannot be pieced together using different sections of property.
    Mr. Janku made the motion that B362-98 be amended per the amendment sheet.  The motion was seconded by Mr. Campbell.
    Mayor Hindman opened the public hearing.
    Bob Roper, 720 E. Broadway, spoke as Chairman of the Special Business District, in favor of the ordinance.  He thought it had been proven that the entry of these types of establishments in the downtown area would, in fact, lead to a decline in property values, an increased crime problem, and ultimately a substantial decline in the downtown as a whole.  Mr. Roper thought the City has a complete record that provides a sound legal foundation for this ordinance.  He said the well drafted findings reflect that.  He said although some people would like to prohibit the activity entirely, it is known that a compromise must be reached.   He feared the 1,000 foot restriction would find the City in an expensive, time consuming law suit that would ultimately be fruitless.  Mr. Roper commended the Planning staff, the Legal Department, the members of the Planning and Zoning Commission and the Council for all of their hard work on the issue.
    Audrie Sabel, 3800 Mint Julep Drive, noted that the Planning Commissioner had recently stated at a meeting that he could not reasonably expect to make the sale of a home where he would have to pass such an establishment.  She said many of the realtors she spoke to had expressed the same feeling and agreed there would definitely be a decline in property values.  She said the 1,000 foot buffer zone would not eliminate areas altogether, but would make the possible zone smaller.  She said that would not be prohibiting, but limiting.   Ms. Sabel pointed out that 1,000 feet is less than 2/5ths of a mile, and would still leave over 300 acres for this type of business.
    Keith Matheny, 2601 Northridge Drive, said he would like to see the buffer increased to 1,000 feet.  He has accepted the fact that live adult entertainment cannot be prohibited, but he had done some research on Branson and Springfield and had found that they have special conditions for live adult entertainment.   He stated the City of Peoria, Illinois imposes a special tax on live adult entertainment.  He proposed that the Council consider something similar.  Mr. Matheny also suggested that no food license be issued to these types of businesses.  In Branson the ordinance reads that  properties on which the use is located shall be screened by a masonry wall at least six feet high along all interior property lines.  As a result, there are no strip clubs in Branson.  Mr. Matheny reported Branson has not prohibited these businesses, but they have restricted them.
    Teresa Matheny, 2601 Northridge Drive, President of Blueridge PTA, read a resolution that the board passed regarding the restriction of the adult entertainment business.  The resolution urged a 1,000 foot buffer.  She said the PTA's from Oakland Junior High, Gentry and Lange Middle Schools, Midway and Two Mile Prairie Elementary Schools, and the Columbia Council of PTA's had passed similar resolutions.  Ms. Matheny felt that probably represented several hundred families in Columbia.
    Dean Anderson, 4001 Hyde Park, said that almost any business venture or human endeavor could probably be construed to be offensive to someone.  He is much more offended by video games, shooting galleries, and even sporting events that glorify violence in our society than he is by individuals exercising their First Amendment right to appreciate the human body.
    Mike Bradshaw, 430 Maple Grove Way, said he was embarrassed to see the live adult entertainment advertising that appears in the local newspapers.  He spoke in favor of stringent restrictions.  Mr. Bradshaw is concerned about the crime and substance abuse that would arise from the activity.
    Craig Vance, 2900 Skyview Road, spoke in favor of the 1,000 foot buffer.
    Aasim Inshirah, 407 Hickman, said when the Special Business District conducted the study pertaining to live adult entertainment, they had supplied the Planning and Zoning Commission with a packet of information which contained statistics from other cities -- including crime reports.  He said some of the ordinances from other cities established 2,000 foot restrictions as the distance between residences, churches, etc.  He had asked one of the experts about the average footage and the reply had been 1,000 feet.  Mr. Inshirah reported that number is not unreasonable.  He said the crime statistics in the other cities showed that crime does increase in those areas where the businesses are located.  Mr. Inshirah stated it is more of a crime issue for him than it is a moral issue.
    John Hawkins, 400 E. Old Plank Road, part owner of Eclectics, an adult entertainment business, said he had moved to Columbia because it is a City that does not discriminate against people.  He said there are ordinances in place to protect people from differences -- whether it be religion, race, color, creed or sexuality.   Mr. Hawkins said Eclectics does not allow prostitution to go on in or outside of their business.  He is hopeful his business could remain in the community.
    Fred Crawford, 2704 Isherwood, said he would support the conservative views given by previous speakers.
    Terkman Abdullatif, 4008 Grace Ellen Drive, spoke in favor of the most restrictive footage.
    Don Welter, 515 DeFoe,  said he and his wife retired to Columbia in 1992 because of the kind of City it is.  He is concerned about crime and prostitution coming into town with the adult industry.  Mr. Welter also suggested the City establish the most restrictive ordinance as possible.
    Sylvia Tribble, an employee of the St. Francis House as well as the Lois Bryant House, said the two houses are near both Club Vogue and Eclectics.  She noted a new massage parlor had just moved into the neighborhood as well.  Ms. Tribble said they appreciated the Council looking into this issue and trying to be restrictive.  She said they have seen a deterioration in their neighborhood, which they seem to get most of the blame for.  Ms. Tribble noted there has also been an increase in the number of prostitutes walking up and down the street.
    The vote on the motion to amend, made by Mr. Janku, seconded by Mr. Campbell, was approved unanimously by voice vote.
    Mr. Boeckmann explained that the Supreme Court looks at erotic dancing or naked dancing as protected speech, so they give an analysis under the First Amendment that is similar to public forum analysis.  He said they would not allow a city to prohibit the speech, but they will allow reasonable time, place, and manner restrictions.  The question of distance comes up in two parts of the analysis.. One of the requirements is that the regulations are narrowly tailored to serve a significant governmental interest.  The narrowly tailored element of that relates somewhat with the distancing.  He said the Supreme Court has upheld an ordinance where they had a 1,000 foot distance requirement in it.  He said there is no problem with the 1,000 feet as far as meeting that element of the test, but another portion is that the ordinance has to leave open alternative channels of communication.  Under that analysis, he said the Court asked how much land is available for this protected speech.  In the case upheld, five per cent of the land area was available after applying the 1,000 foot limitation.  Mr. Boeckmann reported in Columbia's case if the 1,000 foot restriction is applied, the amount of land available would be below one percent.  Even at 750 feet there would only be 1.75 percent available, and 500 feet would be 3.3 percent.
    Mr. Boeckmann reported another issue relates to the accuracy of the City's mapping data.  He said the Planning Department had done a great job in providing the Council with maps, but that had been determined by zoning districts, not by property lines.   He said another question was what does "available" mean.  In the case mentioned above, the Supreme Court had language indicating that it does not have to mean land that someone would willingly sell or lease to someone who wanted to operate an adult business.   He said adult businesses are like everyone else, they have to get out on the market and see what is available.  He said some cases have expanded on that and one case went into an analysis on what was reasonably available.   Mr. Boeckmann said he would not feel comfortable recommending restrictions greater than 750 feet.
    Mr. Coffman said he agreed with Mr. Boeckmann in that 750 feet was about as close to the line as they could get as far as being constitutional.  He thought it would really be a matter of how it is applied to the City.  He thought the Court would look at a map of the City to see if there is any available land.  Whether one agrees with it or not, Mr. Coffman said these are legitimate businesses and people have a right to patronize them and people have a right to locate them reasonably somewhere in the City.  He said if the locations are limited enough, at some point it will become unconstitutional.  Mr. Coffman is somewhat uncomfortable with the 750 feet restriction, and said he would have preferred 500 feet.  He thought he could live with the 750 feet because he felt the Council had a legitimate reason for the zoning restrictions because of the clear impact on property values.
    Mr. Campbell said he could concur with most of the comments made this evening.  He said most people would say that these are not community desirable establishments; however, at the same time they are legal establishments and the law is very clear that cities must provide a space for them.  He pointed out that there are some other issues that had not been addressed.  Mr. Campbell reported that Kansas City and some other communities have regulations on all types of adult entertainment.  He thought perhaps Columbia should do the same.  Mr. Campbell believed often times the combination of several different kinds of businesses may be the cause for an area to have problems.  He stated it is an area in decline that is targeted for these kinds of businesses because of the cost of the property, or the zoning, etc.  He said the cause and affect in this whole situation is very fuzzy and hard to determine.   Mr. Campbell said he is in favor of the 750 foot restriction because it significantly controls the areas where live adult entertainment businesses can be located.
    Mr. Janku agreed with Mr. Campbell and said it should be clear that at the present time, things are basically wide open in the community.  He noted these types of businesses will not be expanded by adopting the ordinance.  Mr. Janku explained the Council is trying to adopt the most restrictive ordinance that can be enacted within the limits of the constitution.
    Mayor Hindman said he would prefer the 1,000 foot restriction, but is convinced that it would be a risk that would not accomplish much.  He said the 750 feet is a reasonable solution.  Mayor Hindman stated the City needs to keep an eye on it as he is very concerned about the impact on the neighborhoods and the various parts of town.
    B362-98, as amended, was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B364-98     Authorizing construction of road, parking and trail improvements at the Cosmopolitan
                    Recreation Area by city forces.
    The bill was given second reading by the Clerk.
    Mayor Hindman noted that B364-98 would be tabled to the next meeting because of an advertising error.

B365-98     Authorizing construction of Oakland Park disc golf course improvements by city forces.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that $19,000 had been included in the budget for improvements to the disc golf course at Oakland Park, with $4,000 to be used for force account work and the remainder will be used to purchase the link baskets and materials for the improvement.
    Mr. Coffman commented it is an outstanding plan.
    Mayor Hindman opened the public hearing.
    John Chapman, 1502 Fir Place, past president of the Columbia Disc Golf Club and State Coordinator for the Professional Disc Golf Association, said the Club had awaited improvements to this course for a long time.  He explained the 12 new holes will be used for their professional tournament held each July.  Mr. Chapman said the course has received rave reviews and everyone loves to play it.  He said the Club is looking forward to getting the next 12 holes.
    Mr. Janku asked if there is a plan in place.  Mr. Chapman said they are working with the Parks and Recreation Department and a couple of the holes will probably have to be relocated because they play a little too close to the fitness trail.   Other than that, he said the design is getting close to ready.
    Tony Drennan, 1507 Nifong, said the main concern for the back part of the course is for the trail users.  He said the front part of the course goes around the pool and it has always been a consideration to be careful there.
    Mr. Coffman asked what the Club does for the park.  Mr. Drennan said they clean the course from time to time.
    Mr. Janku thanked the Club for their efforts in planting trees.
    Mayor Hindman closed the public hearing.
    B365-98 was given third reading with the vote recorded as follows:  VOTING YES:  HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.   VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

(A)     Amendment No. 2 to the 201 Facility Plan Update, Wastewater Collection and Treatment.
(B)     Amendment No. 6 to Planning Report on Wastewater Collection and Treatment.
    Items A and B were read by the Clerk.
    Mr. Beck explained that the two hearings would be combined.  He noted that approval of these issues would amend the Wastewater Plan, and  Burns & McDonnell is representing the City on the projects.
    Mr. Patterson explained that the hearing is required for the two amendments due to the fact that the City is participating in the State Revolving Loan Fund Program as part of the $18.9 million ballot issue approved by voters last year.  The first amendment deals with the fourth wetland unit for treatment purposes, and the other amendment is for the wastewater collection and treatment portion of the planning.  Mr. Patterson noted that Matt Koch, of Burns & McDonnell, would provide information on the first amendment regarding wastewater treatment unit four, and Jim White, also of Burns & McDonnell, will make a presentation on Amendment No. 6 with regard to wastewater collection and treatment.
    Mr.  Koch explained that his presentation relates to the fourth of four WTU's (water treatment units).  He explained the reason for following the State Revolving Funding Program rather than bonding is because the interest rates are generally very low -- on average two to two and one-half percent.  This will be used to fund this particular project.  As part of the SRF process, they have to go through a finding of no significant impact.  He further explained what that meant.  Mr. Koch gave the project background including the project purpose, facility plan preparation, site evaluation process, treatment analysis, and floodplain analysis.  He described the project features and ended with project costs and the life of the project.
    Regarding the borrow area that will be three to five feet lower than the surrounding area, Mr. Campbell asked if it would be landscaped.  He was concerned because the trail is adjacent to the units.  Mr. Koch replied because of the floodway and floodplain, and the fact that they will be building up the green area to contain the wetlands units, they had to offset the loss and conveyance.  He said that is the main reason for the borrow area, to be able to allow the same kind of conveyance in Perche Creek without causing any upstream flooding.  He said their plans at the present time are to put native vegetation there.  He said they did not want to create an additional wetlands, per se, but ultimately with a depressed area along the creek bed, it probably will become some type of a wetlands.  The intent is for it not to be part of the functional wetland unit.  Mr. Campbell said he was sure there were ways of keeping the borrow area from becoming a nuisance in terms of mosquitos along the trail.  Mr. Koch said they saw no problem with that particular aspect.  He reported the soil at this location is permeable, and the drain and liner that will be used within the treatment area prevents drainage as well.
    Jim White explained the purpose for Amendment No. 6 is to update the existing planning report for extending and upgrading wastewater collection systems to new areas of the population, and removing existing small wastewater treatment plants and lagoons present in the region.  He noted that the original report had been completed in 1973, and Amendment No. Five had been implemented in 1985.  Mr. White displayed a map depicting the major sewer interceptors within the City, the existing system, and the proposed system.  He noted that many of the lines are in the west, north, and northwest areas of the City.  He said when the interceptors are installed, 12 of the existing small wastewater treatment facilities in the area will be eliminated.  Mr. White pointed out that they have requested comments from various state agencies concerning this facility plan, and have received comments from all agencies which includes the Missouri Division of Parks, Missouri Division of Geology and Land Survey, Missouri Office of Administration, United States Core of Engineers, Missouri Department of Conservation, Missouri Office of Historic Preservation, and United States Fish and Wildlife Services.
    Mr. Patterson emphasized the fact that the Facility Plan Amendments being presented tonight are consistent with the bond issue passed last year by the public.  He said it represents the promises made to the voters last year.
    Mayor Hindman opened the public hearing on both Items A and B.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Janku made the motion that both Amendment No. 2 and Amendment No 6 be approved.  The motion was seconded by Mr. Campbell and approved unanimously by voice vote.

(C)     Annexation of property located on the southeast side of Old Plank Road, south of Glasgow
    Item C was read by the Clerk.
    Mr. Beck explained that this tract of land contains approximately 16.38 acres in south Columbia.  The annexation will allow the property owner to be served with sanitary sewer on an existing single family residence line.  He noted that no new development is being planned at this time.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.

B355-98     Approving a water system Capital Improvement Plan for the area outside the City
                    previously served by Public Water Supply District No. 2; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that a public hearing had been held previously on this issue and this ordinance would begin implementation of it.  The estimated cost of improvements in the area is $320,000.  He said those funds were actually left over by the District when the two were merged.  He pointed out that Water District No. 2 continues to have a committee that has met jointly with the City's Water and Light Advisory Board.  He said both groups as well as the staff have recommended approval of this program.  Mr. Beck noted that an amendment sheet had been prepared dealing with account numbers.
    Mr. Campbell made the motion that B355-98 be amended per the amendment sheet.  The motion was seconded by Mrs. Crockett and approved unanimously by voice vote.
    B355-98, as amended, was given third reading with the vote recorded as follows:  VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B363-98     Approving the final plat of Shelter Place Subdivision, Plat 1; granting a variance to the
                    subdivision regulations.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this plat was recommended for approval by the Planning and Zoning Commission.  He pointed out that it would create one C-1 zoned lot in an existing commercial development.  He said it will extend Tiger Lane eastward from Bernadette Drive.  The right-of-way will be 50 feet instead of 66 feet.
    B363-98 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B366-98     Appropriating funds to repay the Designated Loan Fund for money borrowed to construct
                    the cart paths at the municipal golf courses.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that it had been determined a couple of years ago that cart paths would be built in the City's two municipal golf courses.  He said money was borrowed for the Designated Loan Fund and, because of monies taken in at both courses, the City is now in the position to pay back the loan in the amount of $175,000.  He said the interest had been calculated at $14,960, and it would also go into the Loan Fund.
    B366-98 was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO: NO ONE.  Bill declared enacted, reading as follows:

B367-98     Appropriating funds for computer equipment and software.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the IS Department is run as an internal fund, which means that it is supported by funds from other City departments.  In reviewing the overall computer operations, the committee and consultant recommended that additional software and hardware be purchased.  The estimated hardware cost is $142,925 and software at $38,570.  He said the funds would come out of a retained earnings account from the department.
    B367-98 was given third reading with the vote recorded as follows: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  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.

B356-98     Accepting an energy recovery grant from the Mid-Missouri Solid Waste District;
                    authorizing a financial assistance agreement with the District; appropriating funds.
B368-98     Accepting conveyances for sewer, drianage, utility, construction and street purposes.
B369-98     Accepting conveyances for utility purposes.
R240-98     Setting a public hearing: construction of an 8-inch water main serving Richland Heights,
                    Phase 1 & 2; payment of differential costs above those to install a 6-inch water main.
R241-98     Setting a public hearing: construction of an 8-inch water main serving Indian Hills
R242-98     Setting a public hearing: construction of a 6-inch water main serving Indian Hills
R243-98     Setting a public hearing: construction of a 12-inch water main under Clark Lane and along
                    the east side of Creekwood Parkway.
R244-98     Setting a public hearing: construction of the C-6 Trunk Sewer line.
R245-98     Setting a public hearing: street improvements on Scott Boulevard from Bellview Drive to
                    Brookview Terrace.
R246-98     Setting a public hearing: construction of improvements at the Cosmopolitan Recreation
R247-98     Setting a public hearing: development of the MKT Trailhead Park.
R248-98     Renewing an agreement with the Missouri Department of Health for maternal and child
                    health services.

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

R249-98     Authorizing an agreement with the Columbia Chamber of Commerce for the "2000 by
                    2000" program to attract retirees to Columbia.
    The resolution was read by the Clerk.
    Mr. Beck said the City has worked with the Chamber for a number of years since this program was established for the purpose of attracting retirees to the community.  He said the City has been budgeting $10,000 each year towards the program.  He explained there is a formal agreement that stipulates what services will be provided for that amount of money.
    Don Laird, Executive Vice-President of the Chamber, 300 S. Providence, thanked the Council for their support and offered to answer any questions.
    Ms. Coble asked how many retirees have come to town because of the program.  Mr. Laird said he could not give exact numbers, but they felt very good about the number of inquiries, which is still over 1,000.
    The vote on R249-98 was recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO: NO ONE.  Resolution declared adopted, reading as follows:

R250-98     Authorizing an agreement with Sverdrup Facilities, Inc. to provide consulting services for
                    a community recreation center.
    The resolution was read by the Clerk.
    Mr. Beck noted that the Committee Co-Chair was present to answer any questions.  He said staff had been working with the Committee in the development of a request for proposals, interviews, etc.  He said they had also talked about how such a project might be funded.  He noted that the consultant for the first phase would be paid by Block Grant Funds.
    Greg Steinhoff, Co-chair of the Recreation Center Committee, said the consultant is very qualified and will help them put together the information they have assembled as a large committee.  He reported the consultant will assist in verifying information they have collected so far, and will also actually help with the design of the facility.  Mr. Steinhoff explained the findings will ultimately be presented to the Council.
    Mayor Hindman noted that the Council appreciated the presentation given at their work session Monday evening.
    The vote on R250-98 was recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO: NO ONE.  Resolution declared adopted, reading as follows:

R251-98     Expressing the intent of the City Council to sell City property to the Islamic Center.
    The resolution was read by the Clerk.
    Mr. Beck noted that the Council had requested this resolution.  He had previously outlined the technical procedure that would have to be followed.
    Mayor Hindman read a substitute resolution he had prepared.
    Mayor Hindman made the motion that the substitute resolution be considered.  The motion was seconded by Mr. Campbell.
    Mark Farnen, Woodruff and Company, 23 S. Fourth, spoke as a representative of the Islamic Center.  The Islamic Center's request is for the City to sell a parcel of land (approximately 21,000 square feet in size and located adjacent to the current Islamic Center property)  at fair market value to the Center.  The acquisition of the property would enable the Islamic Center to construct a cultural and educational center which will serve the needs of the local Muslim population (totaling approximately 3,000 members) and also the needs of the citizens of the City in general.  Mr. Farnen reported during the presentation this evening, Mazin Ayoubi, the professional architect and urban planner, will present initial building plans for the education and cultural center, and the rationale for the location of such a center.
    Mr. Farnen said the Islamic Center has been working on this proposal for two years and, during that time, at least 30 different issues and advantages that relate directly to the sale of the property have been identified.  He will comment on three of these issues.
    Mr. Farnen reported the first issue relates to parking and the question of how much is enough.  Within a one block radius there are 1,247 parking spaces.  To build the new center, the Islamic Center would give up 43 of its parking spaces from their own lot.  Mr. Farnen said they would ask the City to give up 32 permit-only spots, and then an additional 24 spaces would be eliminated only if a green space linear park can be developed immediately adjacent to the trail.  He said the possibility of making the remaining spaces that the Islamic Centers owns available to both the University and the Chamber of Commerce had been discussed.  Mr. Farnen felt this parking proposal seemed reasonable, flexible and accommodating to all parties concerned.
    Mr. Farnen explained the second issue pertains to private land being sold or converted to private use.  He said there is no law, regulation, or legal precedent which prohibits such a transfer from occurring.  He said the City has done it before to private concerns when it seemed the project was good or would result in some degree of public benefit.  Mr. Farnen noted the City also engages in public/private partnerships for the furtherance of public goals on a frequent basis.  He believed the Islamic Center's project would be of benefit to the City of Columbia.
    Regarding the Trailhead Committee's proposal to use the area identified as a greenbelt and hard surface meeting space for special events, Mr. Farnen noted on the same day this proposal was made, another one had been made as well.  That proposal was that the trail could be enhanced to become more than just a hiking, biking, and walking trail -- it could become a cultural and historical link through the city.  This is envisioned to be a public park which would actually broaden, rather than limit, the number of people who can take advantage of the trail and the park system.
    Mazin Ayoubi, AIC Architects, explained that his firm had been commissioned last year to prepare a master plan and design for the property owned by the community.  He said they have prepared several studies based on the available land, and analyzed the community needs for educational and cultural programs as well as the space requirements, the building program, the space relationship, and the functions of the building.  Mr. Ayoubi reported aesthetics, economics, and feasibility had also been considered as part of the study.  He said the Islamic Center wanted to have a structure that will blend very well with the site.
    Mr. Ayoubi described the three elements of the project, which included the cultural center, the educational center, and an entry building to house the administrative offices.  He explained the educational center is comprised of three levels -- with the main level being used for elementary levels and day care, the lower level being a junior high, and the second level a high school.  The administrative offices would be consist of two levels -- the main entry level and the lower level opening to the west.  The cultural center would consist of a multi-purpose room or gymnasium, a kitchen, support space, and a dining area.
    Mr. Ayoubi explained that the site slopes from east to west, about four feet from the Islamic Center to the property line.  From the property line to the west, the tract further slopes down to the west for about 12 feet -- creating an opportunity for a walk-out basement.
    Mr. Ayoubi reported he recently walked the trail and had taken photos of all the corridors surrounding the Islamic Center.  He stated they wanted a defined relationship between the pedestrian access and vehicular traffic.  Therefore, it is proposed that ingress and egress for vehicular traffic will be restricted to Fifth Street.  Mr. Ayoubi said the drive access from Locust Street would be eliminated to any cross traffic between the users of the Islamic Center.  Mr. Ayoubi believed the building would compliment and service the community, and would be an excellent addition to the City and create a great opportunity for a public/private partnership relationship.
    Mr. Janku asked if there was any sense as to what the budget might be for the project.  Mr. Ayoubi said they had not made any detailed plans because of the expense.  He said they wanted to get a sense of direction first.  Mr. Ayoubi stated it made economical sense to make the most out of the topography.
    Mohammed Eldeib, Chairman of the Board of Trustees, said the Islamic Center is appreciative of the opportunity to meet with the Council.  He explained that they have received a great deal of support from the community, and in November they submitted a document containing 1,265 petitions and letters from businesses and citizens in Columbia.  He distributed another document containing 93 letters and petitions from a similar group.  Mr. Eldeib asked the Council to look favorably at the request so the Islamic Center's dream could be fulfilled.
    Reverend Larry Brown, 5635 Wise Drive, Fulton, explained that he has been a pastor in the area since 1975.  Currently, he is an instructor at the University and Stephens College.  Reverend Brown stated the mosque has been a tremendous cultural asset over the years.  He said it is great to see the advancements made in Ecumenical relationships, and is proud to now have an interfaith organization that is genuinely interfaith.  Reverend Brown explained the mosque has been a significant contributor to many programs in the community, working hand in hand with other faith groups.  He said what the Islamic Center has already provided could be greatly enhanced by improved facilities.  Reverend Brown said he would like to see the Flatbranch and Trailhead areas developed, and thought the mosque would provide a complimentary addition.
    Arej Sawani, 2601 Hillshire, spoke on behalf of the Muslim Student Organization.  She said the organization and the Islamic Center have a very close relationship as the Center was founded 15 years ago by students.  She noted Columbia has grown significantly over the last 15 years, and the Muslim population has grown as well.  She reported the student group cannot have their meetings at the Center because the space is too small.  Ms. Sawani urged the Council to seriously consider the proposal.
    Robell Nizam, a University Hospital Physician since 1983, said the Islamic Center has had thousands of visitors from different parts of the community.  He displayed pictures of the different groups who had visited.  Mr. Nizam also said the Islamic Center is very supportive of Columbia and has participated in many different programs.
    Terkman Abdullatif, 4008 Grace Ellen, explained that the Islamic center could open up Columbia to world-wide benefits.
    David Rogers, an attorney with offices at 813 E. Walnut, spoke on behalf of the owners of the Market Square Building, almost directly across the street from the land in question.  He said they are opposed to the sale of a public asset to a private party, even a worthy private party.  He recommended that the Council pass the Mayor's resolution, if one is passed at all.  He noted the original resolution seemed to require that a sale of some sort be made, whether it be for part or all of the land in question.  The Mayor's substitution recognizes the very real possibility that there will be no sale at all, but allows the staff to explore and provide a meaningful comparison of the property's uses so the Council could have a clearer presentation before them, as well as a specific proposal.
    Ms. Coble asked Mr. Rogers if his clients were opposed to other proposals for the use of the property, such as green space.  Mr. Rogers replied they are not.  He said the tract is being used in part for that purpose now.  He said they are primarily interested in the parking use of the property.
    Fred Crawford, 2704 Isherwood Drive, spoke in opposition to the sale of any property.  He thought the land should be reserved for City development.  Mr. Crawford thought the proposed sale of the tract would be too close of a juncture between religion and the City.  He also believed the City would be depending on a religious organization to provide part of the facilities that probably should be provided by the City.  Mr. Crawford suggested that the sale be turned down and the property reserved for City projects.
    Norman Lenhardt, 1118 St. Christopher, said he is very much opposed to giving or selling City land to any non-profit organization.  He said that piece of land is so unique that it could not be replaced. He indicated that it is highly unusual to have this kind of vacant land that could be used for city purposes.  Mr. Lenhardt reported a non-profit group would not be generating any money for the city.  If it is decided the property should be used for some other purpose, other than a park, Mr. Lenhardt said it should go to a profit making business that would not only give the City the best value for the land immediately, but would also pay taxes and create jobs.  Being in an older part of the City, he pointed out that the sewers and water lines were probably out of date.  He said that would create a tremendous need for improvements to the existing water and sewage systems.
    Nick Peckham, an architect with offices at 15 S. Tenth Street, reported one of the challenges encountered by those who become registered architects is to solve problems they are given with the assets they have.  He believed the firm chosen had demonstrated some tremendous talent to design a building.  In addition, Mr. Peckham thought the Islamic Center could probably design a building on the land they presently own.  He explained that he is also a member of the Trailhead Committee, and said they are investigating a relationship with both the state and the University to have a trail running along the stream itself.  He said there are many, many questions that have been left unanswered with respect to the City Parks and Recreation Department that serves not only the 3,000 Muslim people, but the 3,000 Catholic people, the 3,000 Baptist people, and the 75,000 people who live in Columbia.  Mr. Peckham appreciated the alternate proposal to discuss this matter.   He is sure with all the wisdom in the room, and the sincere belief of everyone involved to be driven by a sense of faith, a very appropriate solution will be made.
    John Ott, Chairman of the MKT Trailhead Committee, explained that this Committee had been appointed two years ago to begin developing the MKT Trailhead Park.  He said from day one, they have developed a proposal based on the area that had been provided for the Trailhead park.  Mr. Ott reported the Committee had a good beginning, but there is a lot of opportunity to do more with the concept.  He noted the park in its initial presentation is about one-half acre.  The immediate response is that the downtown area is the heart of any City, and in order to have a healthy, progressive city, the downtown area should have a park for people to take advantage of.
    Mr. Ott said the Committee had developed a site analysis and he displayed photos describing it.  He showed the portion of the Trailhead park currently in the  process of development, and the area along Providence Road and Elm Street that is owned by the University.  He pointed out Peace Park and said the Committee is looking at how to complete the three areas to create a belt -- a natural larger park area.  He said the area to the east, which currently consists of parking lots, is integral to the park concept.  Mr. Ott explained the Committee understood the parking lots had some value to the downtown area, and that perhaps in the future they could look at additional phases to the park project.  He said the Committee had just recently learned there is some sort of urgency or demand to create other ideas for the area.  Mr. Ott said the Committee felt that what the Islamic community is offering is something they place a lot of value on.   However, the use the Committee is proposing is a greater public use and something that more people would take advantage of in the future.
    Mr. Ott reported the Committee understands that the Islamic community has wishes and dreams for the area, but they do also.  He said the Islam's were perhaps one of the largest landowners in the downtown area, and what they are asking for is another 21,000 square feet of property.  He noted the existing buildings now occupy only 10% of their property.  He said the Committee challenged the proposed design and felt there should be another way to take advantage of the space they currently own.  He said there is more parking in the vicinity available to the Islamic Center than perhaps other organizations have available to them throughout the downtown area.  He understood that they have a plan that includes a market and residential facility store, and lots of parking.  He said they thought there might be an element to that exceeding need.  The Committee's goal, Mr. Ott said, is to sit down and visit with the Islamic Center and see if they could make both dreams come true.  Instead of selling land, there may be some way to exchange land so the City's green belt could become more prominent, and at the same time, would allow the Islamic Center's plans to occur.  Mr. Ott stated if the Council adopts the substitute resolution, it would give an opportunity for both sides to sit down and talk together.  He said there is a meeting scheduled for Tuesday morning to determine if there is a way to solve the problem of both parties wanting the same piece of property.
    Jeff Barrow, 1007 Coats, spoke as President of the Greenbelt Coalition of Mid-Missouri.  He stated their concern is to advocate the maximum protection of Flatbranch and its adjacent open spaces.  He explained Flatbranch is part of the City's original greenbelt system, and also one of the most urbanized creeks in Columbia.  He explained that downtown Columbia drains into Flatbranch and infuses the creek with runoff from parking lots and streets.  Mr. Barrow reported the water is nasty, but it does not have to be that way.  The solution to the problem lies in proper land use and protecting its riparian zone.  He said the greenbelt adjacent to Flatbranch does more than provide for recreation and alternative transportation, it also serves to filter the runoff, to prevent erosion, and to store excess storm waters.  Mr. Barrow reported that public open space in the downtown center is a rare commodity, and the greenspace along Flatbranch in this area is crucial because it prevents downstream problems from occurring.   He explained any development in this area will affect both the Hinkson and Perche creeks, as well as the Missouri River.  Mr. Barrow asked the Council to pass the Mayor's resolution.
    Fran Pope, 2407 Lynnwood, said she did not want to represent herself or her group as individuals who are opposed to the Islamic Center's proposal.  She wanted to represent the group as one who is very interested in having a little more time to discuss all of the alternatives to the design of the Center and to the use of the land.  She has spent the last ten years of her life trying to purchase private land to be used as a public domain for the Trailhead buffer, so her initial response had been the parties involved with this proposal were going about the whole process backwards.  Listening to the needs this evening, Ms. Pope understands the community has grown and there are needs that have to be met.  She can appreciate how frustrated the Islamic Center must be because they had been working on this for a couple of years, and she had just heard about it a week ago.  Being part of the Trailhead Committee, Ms. Pope is appreciative that the Mayor came up with a resolution that would give everyone time to sit down at the table and discuss things.
    Jack Waters, 712 Westridge, agreed with the previous speaker.  He said there needed to be more time to decide how to establish the use for the land that would be a benefit to the entire community.  He felt there is an opportunity to serve both parties involved.  Mr. Waters thought the Islam community has a valuable project with a lot of merit.  He noted it is clear in their proposal they have a need for the property, and that would be difficult to dispute.  However, Mr. Waters explained there is an opportunity to look at the particulars of the proposals and see if there are some methods and mechanisms they could employ to see both goals come to fruition.  He saw a clear advantage to the community in having a space to gather in Columbia, and downtown in particular.
    Mark Farnen commented that the Islamic Center agrees with the maintenance of greenspace along the trail, particularly immediately along the trail.  He said at the location where the Trailhead Committee is proposing a hard surface next to the trail, (which would not protect the riparian zone), the Center is proposing to tear out the parking lot and let the City maintain ownership of it, and spend about $40,000 to create a greenspace that could be enjoyed by the entire population of the community -- not just the 3,000 Muslims that would be inside the cultural and educational center.  He said if they could have that contiguous greenspace (a sidewalk -- then the creek -- then create a park),  that would create an area about 100 feet wide and 300 feet long, which would be approximately the same as the original charge of the Trailhead Committee.  Mr. Farnen said if that is continued around the corner, it would establish a green corridor all the way to Peace Park at the University.  He explained the Center proposes a hard surface further back, but it would have a roof on it.  He said that would provide enough space that could be used by any kind of good, charitable cause.  Mr. Farnen asked that the Council vote in favor of the original resolution rather than the substitute.
    Mrs. Crockett understood that at the present time, the Islamic Center leases about 88 parking spaces to the University for approximately $33,000.  Mr. Farnen said that is correct -- it is a source of revenue for the Islamic Center.  Mrs. Crockett asked if the Center would continue to lease spaces under the new plan.  Mr. Farnen explained that they have been approached by the Chamber of Commerce about overflow parking in that lot.  If the current area used for overflow on the permit-only City lots disappears, an accommodation would be made for them in that lot.  He said it had also been suggested to them that they could replace the spaces that are taken away as permit only.  He said a few individuals across the street had asked if they could rent these spaces.  Mr. Farnen reported the Islamic Center agreed to this request.  He said if all of those things occur, the Center will not rent spaces to the University.  He noted the Islamic Center has the University's blessing for this project.  Under the proposal as it is drawn now, they would lose 43 additional spaces.  He said they thought there would be the capability to have about 56 spaces that could be made available jointly to the University and to the Chamber of Commerce, and to any private patrons that did not have an option to rent a surface parking space from the City anymore if that disappeared.  He said these individuals do have the option to rent a permit-only space in the new parking garage.
    Mr. Kruse asked about the zoning.  Mr. Beck said the zoning on the Islamic Center is C-2 and the City's zoning is M-1.  The City's property would have to be rezoned for a school.  It was stated that under C-2 there are no parking requirements.  Mr. Farnen said if the property is zoned C-3, he thought about 80 spaces are required.
    Mr. Beck pointed out that the City owns the land on which the Convention and Visitors Bureau and Chamber of Commerce sits.  He said the City also owns half of the Walton building.
    Ms. Coble asked Mr. Farnen if he had seen the Mayor's substitute resolution.  Mr. Farnen said he had not, but he heard it read.  He said it seemed to not be as strong as the original motion, and it also seemed not to direct the City to do anything other than to schedule a meeting.  He said the Islamic Center is hoping a resolution would be passed stating some intent of the City to move forward on the sale.  He said they are hopeful the staff would be given some more direction.  Mr. Farnen said the Islamic Center understood there are still pitfalls involved and that no price has been established.  He said they also recognized there is no guarantee of any kind.
    Mr. Farnen said a point had been brought up about designing a facility that would fit on the current property.  He said there are some very important style, design elements, and uses and functions that had to be considered.
    Ms. Coble had concerns about the wording of the substitute resolution.  She said she appreciated the intent, to provide a framework for obtaining information that would allow everybody's dreams to be realized.  She did not think the resolution had been cleanly worded or constructed.  She said the intent of the motion she made at the last meeting was for a resolution that was clearly directed toward the City staff working with the members of the Islamic Center for sale of a portion, or all of the land.  Ms. Coble observed it seems to have gone in a different direction for a project that would involve, not solely the Islamic Center, but another community group of volunteers of the same standing.  She reported her intent and position is to support the sale of the land to the Center.  Ms. Coble thought the Islamic Center expansion, the educational center, the cultural center, and the proposal to landscape additional City owned property as very positive and of great benefit.  Her perspective is to be in favor of the initial resolution.
    Mayor Hindman said he had intended to make it clear that the City is not directing the sale of the land.      
    Mr. Janku said the substitute language is to authorize the staff, but not direct, to have all or any part of the City property appraised.  He asked why they would not want an appraisal.  Mayor Hindman said he was going to leave it to the discretion of the administration to decide whether or not there needed to be an appraisal.
    Ms. Coble asked Mayor Hindman if he would be open to amendments.  He replied in the affirmative.
    Mr. Coffman said he liked the wording relating to achieving as nearly as possible both objectives in studying the possibility of a greater use.  His intent over the months has been finding a way to have a really great green space next to the trail, as well as some way for the Islamic Center to expand for their educational and religious needs.  He thought the Council had directed the staff to try to negotiate to those ends.  Mr. Coffman indicated that he believed the parking is not as great a use for the property as both the green space and the educational needs.  He would hate to deny the expansion of the cultural center to find that the remaining strip of land would be used primarily for parking.
    Mr. Janku said he agreed with the general thrust of the resolution, and thought probably both dreams could be realized with some degree of flexibility on both sides.
    Mrs. Crockett thought the Council needed to decide if they are in agreement to sell City property.  She believed a precedent will be set if the sale occurs.  Mrs. Crockett reported if this tract is sold, it could open up a process to others wanting to buy City property to expand existing uses that are presently adjacent to City properties.   Ms. Coble said the City had determined that they could lease for "dollars" a year, prime downtown real estate to a not-for-profit group that has nothing to show in terms of a physical building or any previous accomplishments.
    Mr. Campbell said the City has sold public property in the past, and probably will in the future, but each sale must be taken on its own merits.  He is not convinced that they could not do both.  Mr. Campbell understood the frustration of both groups, and also understood how poor public communications is at times.  He could see how some group may not be aware that something else is going on.  Mr. Campbell stated for the right purpose, he is in favor of selling City property if it will benefit the larger community.
    Mr. Janku noted that the Council has had previous presentations from both groups.  Regardless of the wording of the resolution passed tonight,  he said the community would expect good faith discussions between all of the parties and some sort of decision.  Mr. Janku said the Council would have the final decision on whether or not to sell all or part of the property, or somehow make all or part of it available.  He expected the appraisals would be done as part of this process because he did not think anyone could make a rational decision without having some understanding of the value of the property.
    He suggested changing the wording to, "the staff is directed to have an appraisal of the property".  Other than that, he would leave the language as is and expect to go forward in good faith discussions in the public eye.
    Mr. Janku made the motion to amend the substitute resolution motion to say, "the staff is directed to have the City property appraised".  The motion was seconded by Mr. Coffman.
    Mr. Campbell made a further motion to amend the substitute resolution by leaving in the wording "all or part".   Mr. Janku agreed.  Mr. Coffman seconded the motion.
    Ms. Coble said her amendment  includes Mr. Janku's motion and Mr. Campbell's.  She was asked to read it.
    Ms. Coble read as follows:

    Mr. Janku said that would strike the language and its concept of space preserved for public events in the area, including east of the right-of-way at Fourth Street.   Ms. Coble replied to be fair, doing parallel construction, there would have to be something else pertaining to support of the benefit to the community for religious studies, and the availability of a school for the greater public good.  She said it did not seem to have a parallel construction and it bothered her.  Mr. Kruse agreed.
    Mr. Kruse asked why they would not want to study the Islamic property also.  Mr. Campbell wondered if the Council could direct private owners to do anything.  Ms. Coble did not think they should.  Mr. Campbell said the only thing the Council could direct was the use of public land.  Mayor Hindman said he had included this language because he thought it was important to know to what extent the Islamic Center can use their own land.  He did not think the City should even be considering selling the potential greenspace if the Center can develop the project properly on their own land.  Ms. Coble responded the Council does not have to prescribe to all of the details.  She noted usually the Council resolutions are one or two sentences.  Mr. Janku thought that was part of the parallel construction.  He said it mentions the greater use of the Islamic Center land, and then refers to selling all or part of the City land.  He thought it made sense to put them together.  Mr. Kruse said he could support Ms. Coble's suggestion if the language about the greater use of the Islamic land is included as well.  Ms. Coble agreed.
    Mr. Janku asked why they would want to exclude the public events.  Ms. Coble said there were a lot of things inferred.  Mr. Campbell thought the intent is there anyway.  Mr. Janku said in reality, the Islamic Center's proposal is not to have the green space as part of the public event space.
    Mayor Hindman said he is in opposition to Ms. Coble's suggestion because he felt the Islamic Center should be considering the use of the space for public events.  He said their plan precludes that.
    Mayor Hindman called for a vote on the Coble substitute amendment.  It was approved on a 4 to 3 vote.
    The vote on R251-98, as amended, was recorded as followed: VOTING YES: HINDMAN, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.   VOTING NO: COBLE.  Resolution declared adopted, reading as follows:

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

B370-98     Authorizing construction of an 8-inch water main serving Richland Heights, Phase 1 & 2;
                    payment of differential costs above those to install a 6-inch water main; appropriating
B371-98     Authorizing construction of an 8-inch water main serving Indian Hills Subdivision.
B372-98     Authorizing construction of a 6-inch water main serving Indian Hills Subdivision.
B373-98     Authorizing construction of a 12-inch water main under Clark Lane along the east side of
                    Creekwood Parkway, calling for bids.
B374-98     Approving the engineer's final report and authorizing payment of differential costs for
                    construction of water mains serving Richland Heights, Phase 1 & 2.
B375-98     Accepting conveyances for utility purposes.
B376-98     Voluntary annexation of property located on the southeast side of Old Plank Road, south
                    of Glasgow Drive.
B377-98     Rezoning property located on the southeast corner of I-70 Drive Southeast and
                    Woodridge Drive from R-2 and C-1 to C-P.
B378-98     Amending Chapter 29 of the City Code to allow certain office uses as conditional uses in
                    District R-3.
B379-98     Amending Chapter 25 of the City Code to modify provisions relating to sidewalk
                    requirements in industrial zoned districts and along expressways and marginal access
B380-98     Granting a variance from the subdivision ordinance requirement for sidewalks;
                    authorizing the removal of the sidewalk at 3101 Woodkirk Lane.
B381-98     Approving the final plat of Bedford Walk, Plat 8.
B382-98     Authorizing the acquisition of easements necessary for the construction of Brown Station
                    Road from Route B to Starke Lane.
B383-98     Levying and assessing a special tax for weed nuisance on property located at the south
                    end of Andy Drive, near Anderson Drive.

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

(B)     Stephens College Golf Course.
    Mr. Beck said the Council is aware that discussions had taken place some months ago with Stephens College regarding the future of the golf course and the lake area.  Mr. Beck, along with some other staff, have been involved in the Stephens College Master Planning.  He noted this is a very important area because it is a major entrance to the eastern portion of the City and to the downtown area.  Mr. Beck explained if the Council is desirous of preceding with further discussions with the College, he would like a motion to proceed.
    Mrs. Crockett made the motion that the staff be directed to proceed with discussions.  The motion was seconded by Mayor Hindman.
    Mr. Campbell said he has received several calls in support of the issue.  He said there is considerable desire on the part of several of the people to see the lake be part of the development process as well as the golf course.  He encouraged that the staff work on a broader area than just the golf course.
    Mr. Janku said he was supportive of that, but cautioned there had been some discussion about the golf course and maybe other courses not wanting to support it.  He asked if the golf course would be subsidized out of other golf course revenues and not out of any other revenues.
    Mr. Coffman said he was not clear if the golf course and the lake would be considered as one deal.  Mr. Beck said he had indicated that the golf course and the picnic area that has the restroom area had to be dealt with as Phase I and would address the golf situation.  He said the report from Parks and Recreation did not mention dollar amounts in relation to the lake, the soccer fields, and a walking area next to Hinkson Creek.  He suggested that the City pursue the golf situation and picnic/restroom area, and then take more of a look at the lake and the soccer fields if the Council so desired.
    The motion made by Mrs. Crockett, seconded by Mayor Hindman, was approved
unanimously by voice vote.

(C)     The Hamlet Subdivision Storm Drainage Project.
    Mr. Beck said the question is whether or not the Council wants to proceed to the next step, which would be working out agreements with the neighborhood.  He said that would be followed with a public hearing.
    At the request of some of the representatives of The Hamlet community, Mr. Campbell suggested that the issue be tabled to the next meeting.
    Mr. Campbell made the motion that Item C be tabled to the December 21, 1998, meeting.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

(D) Land Use Plan Update.
    Mayor Hindman said preferred the idea of discussions with neighborhood associations before having the public hearings.  Mr. Kruse agreed.

(E) Legislative Priorities - 1999 Session.
    It was decided this issue would be discussed at the next meeting.

(F) Use Tax Repayment.
    Mr. Beck explained that a letter had been received recently indicating that use tax figures had been recalculated and $117 million has to be paid back.  Mr. Beck said the City's revised amount is $232,401.31.  Because the City chose to prepay the original balance of $1.8 million, a tax avoidance of $23,458.50 was recognized which was deducted from the revised figure, creating a balance of $208,942.81.   He noted that a budget amendment would be necessary in order to comply with the request.  Mr. Beck's suggestion is to reduce the transfer to the Public Improvement Fund from $798,000 to $589,057 in order to cover the amount.  He said legislation could be brought back to the Council at the next meeting.
    Mr. Beck requested that the Council make a motion regarding the special audit work as the contract stipulates the Council must approve this project.  He said the special project involves the auditors working with the Finance Department on the utility account revenues.
    Mr. Campbell made the motion that the Council approve the special project work described earlier pertaining to the utility account revenues.  The motion was seconded by Mr. Kruse and approved unanimously by voice vote.


    Keith Matheny, 2601 Northridge Drive, spoke about Route B near the 3M, Quaker Oats, and Square D businesses.  He said the Waco Road and Route B intersection that has always been a problem in the area.  He said the cars are going too fast and a stop light is needed at that location.  Mr. Janku noted that the state had already been asked about the possibility of a signal and their response had been no.  Mr. Matheny said they say no a lot.
    Regarding the live adult entertainment ordinance, Mr. Matheny asked the Council to consider asking the two existing clubs to comply to the ordinance.
    The meeting adjourned  at 1:40 a.m.

                                                                                          Respectfully submitted,

                                                                                          Penny St. Romaine
                                                                                          City Clerk