M I N U T E S
 CITY COUNCIL MEETING - COLUMBIA, MISSOURI
MARCH 15, 1999

INTRODUCTORY
    The City Council of the City of Columbia, Missouri, met for a regular meeting at 7:00 p.m., on Monday, March 15, 1999, 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.

APPROVAL OF MINUTES
    The minutes of the regular meeting of March 15, 1999, were approved unanimously by voice vote on a motion made by Mr. Campbell and a second by Mr. Janku.

APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
    Mayor Hindman noted that B85-99 would be added under Introductions.
    Upon her request, Mr. Campbell made the motion that Mrs. Crockett be allowed to abstain from voting on B56-99.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mayor Hindman and a second by Ms. Coble.

SPECIAL ITEMS
Resolution of Appreciation - Charles Hargrove, Assistant City Manager
    Charles Hargrove was met at the podium by Mayor Hindman and City Manager Ray Beck.  Mayor Hindman read and presented Mr. Hargrove with a framed Resolution of Appreciation signed by the entire Council.   On behalf of the City staff, Mr. Beck thanked Mr. Hargrove for all the work he has done over the past 34 years.  Mr. Beck invited everyone to attend a reception in Mr. Hargrove's honor to be held in the Council Chamber on March 26th.
    Mr. Hargrove commented that he has enjoyed the past 34 years and hoped to be around to watch the next 34 years as Columbia continues to be one of the best communities to live in the country.

SCHEDULED PUBLIC COMMENT
Ed Chmielwski & Elizabeth Barham - Farmer's Market
    Ms. Barham explained that she and her husband moved to Columbia last fall so she could join the Rural Sociology Department at the University.  Prior to that, she had been working on urban food policy councils around the country.  She spoke about business promotion and said that farmer's markets are excellent places for small businesses to get a start.  Another aspect Ms. Barham spoke about was how the markets can tie a community together, and noted that they work best when good access is available to neighborhoods by walking and biking.  Her last point was about how farmer's markets help to control sprawl by keeping the farmers in a profitable business.  Ms. Barham added that it gives the community a more open feeling and more green space without the City itself having to buy that green space.
    Mr. Chmielwski, explained that he and his wife moved here eight months ago and that they found Columbia's farmer's market to be delightful.  He said that people love living in Columbia because of a thousand little things that are done right.  He referred to it as feeding their souls.  Mr. Chmielwski said that is what makes a difference between one city and another.  He felt it was time to make the farmer's market a permanent  institution, and farmers need to know there is a market that is going to make their investment profitable.
    Mayor Hindman commented that a master plan is being worked on presently for the old fairground property.  He said when that is complete, representatives from the Farmer's Market will be included in ongoing discussions and plans.  Mayor Hindman stated the plan is to include a space for the market at that location.
    Ms. Coble asked those in the audience present on behalf of the Farmer's Market to stand.  Approximately six dozen people stood.

PUBLIC HEARINGS
(A)     Worley Street and Again Street storm water drainage improvement project.
    Item A was read by the Clerk.
    Mr. Beck noted that questions had been raised at the last meeting by some of the property owners in the area of the proposed project.
    Mr. Patterson explained that the staff has conducted follow-up meetings and it has been ascertained that in order for the project to be completely successful, it will require the removal of the structure at 1107 Again Street, rather than those located at 1109 or 1105 Again.  This determination was based on the re-examination of the elevations, the flow points, and the overland flow above the design storm of the channel.  However, Mr. Patterson did not want to give the impression that staff is pushing for condemnation since this project will be a benefit to the property in question.  Staff did agree that the property owner should have a very significant voice in whether or not the project goes through.  Mr. Patterson said they are not certain at this time that they have satisfied all of the questions, but staff has tried to address them.  If the owner is unwilling to sell the property, staff's suggestion is to proceed with the project on the west side and defer any action on the east end until such time it would be more desirable or preferable to acquire the home.
    Ms. Coble said if there is a way to begin the project on the western end, while giving the staff time to negotiate and arrive at an equitable process regarding the property at 1107 Again Street, that might be the best of all the possible options.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Ms. Coble felt the Public Work's Department had done a good job in responding to neighborhood concerns.  She said it is a big decision when talking about being able to complete a storm water project by removing a home where a family has lived since the early 60's.  Ms. Coble noted there are still some real considerations to get worked out in terms of the dramatic impact on a family's life.  She felt it worthwhile to begin formal work on the project on the part that can be dealt with immediately, as the staff continues to work with what needs to be finalized to do the eastern half of the project.
    Ms. Coble made the motion that the staff be directed to proceed with the plans and specifications for the western part of the project, delaying action on the eastern portion until such time in the future there is an indication the property would become available and a report is brought back.   The motion was seconded by Mr. Janku and approved unanimously by voice vote.

B46-99     Authorizing construction of a 6-inch water main serving Gregory Heights Subdivision.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this would provide about 1,520 feet of six-inch water main, and five fire hydrants would be installed.  He reported this project would replace smaller lines that were built years ago within a water district.  The estimated cost was reported to be $51,750, which would come out of Water and Electric funds.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
 B46-99 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:

                            Introduced by                 Hindman
First Reading           03/01/99                 Second Reading        03/15/99
Ordinance No.           15910                    Council Bill No.            B 46-99
AN ORDINANCE

    WHEREAS, the City Council has adopted a resolution declaring the necessity for construction of a 6-inch water main serving the Gregory Heights Subdivision and setting a public hearing on this project; and

    WHEREAS, the resolution has been published in a daily newspaper of general circulation in the City of Columbia; and

    WHEREAS, the public hearing on the project has been held.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The Council finds and determines that construction of a 6-inch water main serving the Gregory Heights Subdivision is necessary for the welfare and improvement of the City and that it is in the public interest that such improvement be made.

    SECTION 2.  The plans and specifications for this improvement, as prepared by the Director of the Water and Light Department and filed in the office of the City Clerk, are hereby approved, adopted and made a part of this ordinance.

    SECTION 3.  As deemed advisable by the city manager pursuant to Section 70 of the City Charter, city employees shall be used for construction of a portion of the work.  A portion of the work shall be done by construction crews provided under the terms of a general services agreement.

    SECTION 4.  Payment for this improvement shall be made from the Water and Electric Fund using funds appropriated in Capital Improvement Project No. 71, and such other funds as may be lawfully appropriated.

    SECTION 5.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 15th day of March, 1999.

ATTEST:

/s/ Penny St. Romaine                                    /s/ Darwin Hindman
City Clerk                                                         Mayor and Presiding Officer
 

B47-99     Authorizing construction of a 16-inch water main serving Gregory Heights Subdivision and
                  calling for bids.

    The bill was given second reading by the Clerk.
    Mr. Beck explained that this would involve installing feeder mains for the previously described project at an estimated cost of $132,660.  He said it would also tie some of the dead end lines together, which will provide good circulation to the water system in the area.  This project would also be paid for out of the Water and Electric bond funds approved by the voters.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B47-99 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:

Introduced by                  Hindman
First Reading           03/01/99              Second Reading         03/15/99
Ordinance No.           15911                Council Bill No.            B 47-99
AN ORDINANCE

    WHEREAS, the City Council has adopted a resolution declaring the necessity for construction of a 16-inch water main along the west and north sides of the Gregory Heights Subdivision and setting a public hearing on this project; and

    WHEREAS, the resolution has been published in a daily newspaper of general circulation in the City of Columbia; and

    WHEREAS, the public hearing on the project has been held.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The Council finds and determines that construction of a 16- inch water main along the west and north sides of the Gregory Heights Subdivision is necessary for the welfare and improvement of the City and that it is in the public interest that such improvement be made.

    SECTION 2.  The plans and specifications for this improvement, as prepared by the Director of the Water and Light Department and filed in the office of the City Clerk, are hereby approved, adopted and made a part of this ordinance.

    SECTION 3.  The City Clerk is authorized and directed to advertise for bids for the construction of the improvement, according to the provisions of Section 22-78 of the Code of Ordinances of the City of Columbia, Missouri.

    SECTION 4.  Payment for this improvement shall be made from the Water and Electric Fund using funds appropriated in Capital Improvement Project No. 71, and such other funds as may be lawfully appropriated.

    SECTION 5.  The contract for the improvement shall provide that not less than the prevailing hourly rate of wages, as found by the Department of Labor and Industrial Relations of Missouri, shall be paid to all workmen performing work under the contract.  The contractor's bond shall guarantee the faithful performance of the prevailing hourly wage clause in the contract.

    SECTION 6.  This ordinance shall be in full force and effect from and after its passage.

     PASSED this 15th day of March, 1999.

ATTEST:

/s/ Penny St. Romaine                                   /s/ Darwin Hindman
City Clerk                                                        Mayor and Presiding Officer
 

B52-99     Rezoning property located on the northwest side of U.S. Highway 63, south of Pioneer
                  Drive, from O-P to C-P.
    The bill was given second reading by the Clerk.
    Mr. Beck noted this is a rezoning request for an almost 25-acre tract of land.  He reported the applicant has agreed to more restrictions than what would normally be allowed in a planned business district.  Mr. Beck stated the Planning and Zoning Commission had recommended approval of the request.
    Mayor Hindman opened the public hearing.
    Ron Shy, 5600 S. Highway KK, spoke on behalf of the land owner, Clarence Woodard, and also the contract purchaser, Curtis McDonald.  He said Mr. McDonald has been working on this tract of ground for nearly three years.  He noted that the basic idea for the site has not changed -- just that a little larger area is needed for it.
    Curtis McDonald, contract purchaser, explained that the design is still in preliminary stages.  He said the initial plans are a result of the recommendation from the Council in that the property on the east side of Highway 63 will have mixed uses.  He displayed the area on the east side of U.S. 63, and indicated they had decided to develop around a main street or village format for the retail center.  Mr. McDonald stated it would be the second phase of the project, something that can begin to be feasible after the project has developed some sort of identity.  He said they want to use the Hinkson Creek as an amenity for the project.  He referred to one section that will consist of village shops, and said they envision it as an area that would serve as a trail head for the park.  Mr. McDonald commented they could actually use the parking areas of the commercial shopping center for people to come and park. He reported there would be sidewalk cafes, bicycle rentals and things of that nature that would be directly connected with the parkway, which would ultimately loop around and go under the bridge near Clark Lane to come back up and circle around the lake and park.
    Mr. McDonald explained the plans for the west side of the development, which consists of larger stores with certain clustering and co-tendency requirements.  He said the preliminary design incorporates a sense of massing that might take place.
    Mayor Hindman asked how large the area on the west side would be.  Mr. McDonald said it is comprised of about 45 acres.
    Nyle Kimball, 300 E. Henley, spoke as President of the Mexico Gravel Neighborhood Association.  He commented their neighborhood was brought in at the very beginning of the project, and Mr. McDonald had worked with them and had listened to their concerns and wants for the area.  Mr. Kimball said residents have expressed no opposition to the rezoning request.
    Robert Swearingen, former President of the Mexico Gravel Neighborhood Association, said the plans being presented tonight are not new to residents of his neighborhood, and added that they are not opposed to the rezoning request.
    Greg Ahrens, 1504 Sylvan Lane, current contact person for the Whitegate neighborhood (located immediately to the west of the planned area), said his neighborhood has no objections to the proposal.  He saw no basic difference in traffic associated with a commercial or an office development.  Mr. Ahrens reported the residents would like to see sidewalks along the newly extended Vandiver and the section where all of the moving trucks park now.  He felt the new development could ease some of the cut through traffic on Sylvan.
    Mayor Hindman closed the public hearing.
    B52-99 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:

 Introduced by                  Hindman
First Reading           03/01/99                     Second Reading         03/15/99
Ordinance No.            15916                       Council Bill No.            B 52-99
 AN ORDINANCE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The Zoning District Map established and adopted by Section 29-4 of the Code of Ordinances of the City of Columbia, Missouri, is amended so that the following property:

    A tract of land located in the NE 1/4 of Section 5, Township 48 North, Range 12 West, Columbia, Boone County, Missouri, being part of the tract described by the deed recorded in Book 1112, Page 135, and being more particularly described as follows:

    Commencing at the southwest corner of Section 33-49-12; thence S17°40'40"W, 495.57 feet; thence S72°19'20"E, 324.79 feet to the westerly right-of-way line of Highway 63; thence with said westerly line with the following bearings and distances: Along a 2739.79-foot radius non-tangent curve to the right, 243.18 feet, said curve has a chord S37°42'25"W, 243.10 feet; thence S45°20'40"W, 310.34 feet; thence S46°45'05"W, 824.90 feet to the point of beginning; thence S46°45'05"W, 250.00 feet; thence S64°29'45"W, 131.24 feet; thence S48°52'20"W, 135.09 feet; thence S67°31'25"W, 310.16 feet; thence S60°47'15"W, 309.23 feet; thence S52°27'45"W, 150.75 feet; thence S35°26'30"W, 203.96 feet; thence S28°18'30"W, 172.23 feet to the 1/4 section line; thence leaving said westerly line, and with the 1/4 section line, S87°50'55"W, 115.19 feet; thence N16°23'40"E, 428.34 feet, thence along an 804.48-foot radius curve to the left, 692.36 feet, said curve has a chord N8°15'40"W, 671.19 feet; thence along a 30.00-foot radius curve to the right, 44.24 feet, said curve has a chord N9°20'00"E, 40.34 feet; thence N51°35'00"E, 916.94 feet; thence S43°14'55"E, 939.88 feet to the point of beginning and containing 24.61 acres.

will be rezoned and become a part of District C-P (Planned Business District) and taken away from District O-P (Planned Office District).  Hereafter the property may be used for all the permitted uses in District C-3 except:

 Halfway Houses
 Farm Machinery Sales and Services
 Drive-in Theaters
 Machine Shops
 
    SECTION 2.  The property described in Section 1 is designated "Planned Commercial" on the Land Use Plan.

    SECTION 3.  This rezoning is subject to the condition that the developer will work with city staff on trails and pedestrian pathways during the development of the plan.

    SECTION 4.  All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

    SECTION 5.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 15th day of March, 1999.

ATTEST:

/s/ Penny St. Romaine                                   /s/ Darwin Hindman
City Clerk                                                        Mayor and Presiding Officer
 
B53-99     Rezoning property located on the west side of Scott Boulevard, south of King's Meadow
                  Subdivision, from A-1 and R-1 to PUD-10.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this rezoning involves an approximate 14-acre tract of land with a request for PUD-10.  The Planning and Zoning Commission has no recommendation as they had a tie vote.  The Planning staff initially recommended approval when the report was submitted to the Planning and Zoning Commission.
    Mr. Hancock noted that they had received a letter from the attorney representing the developer suggesting an amendment to the plan.
    Mayor Hindman opened the public hearing.
    Craig VanMatre, an attorney with offices at 1101 E. Broadway, spoke on behalf of the owner/applicant.  He noted that the primary presentation would be made by Glen LeRoy, an architect with the Gould Evans Architectural Firm in Kansas City.  He handed out a curriculum vitae on Mr. LeRoy and asked him to come forward and explain the plans for the 14-acre tract.
    Mr. LeRoy explained that he has been working with Mr. Tosini, the applicant, for some time.  He said they have had numerous meetings with local officials, nearby residents, and City staff to review plans over the last 18 months or so.  Ultimately, the plans envision a new prototype, a walkable community.  Mr. LeRoy reported this proposal represents a first step towards that concept.
    Mr. LeRoy reported that two issues have recently emerged from both the Planning and Zoning Commission and the adjacent neighborhoods.  These issues relate to a desire to see the proposal for the PUD-10 in the context of what could happen on the rest of the site, and how the development will allow for an adequate transition between what exists now in terms of neighborhood development and what will ultimately exist on the site.  Mr. LeRoy said they have greatly endeavored to respond to both issues.
    Mr. LeRoy displayed a drawing of the subject site which contained several components within it.  He began by reporting that whatever use exists in the King's Meadow Neighborhood would be replicated on a portion of the subject tract immediately adjacent to that neighborhood.  Mr. LeRoy stated when a resident of Kings Meadow is standing in their back yard and they look over their property line at the new development, they will see a development that is exactly like theirs.  He said if that particular individual lives in a duplex, they will see a duplex.  If the resident lives in a single family home, they will see a single family home.  If there is a park nearby, they will see nothing larger than single family density.  Mr. LeRoy commented the second component to the south of these residences will be a new street servicing the same.  He reported the remainder of the site will be developed to the extent that PUD-10 would be allowed within the site.  He said one could expect higher density residential the further one steps away from this area.
    Mr. LeRoy discussed the intentions of several other tracts that are not at issue tonight.  He referred to a gold area on the drawing which is a higher density development, a row house/town house sort of development, which would be adjacent to the subject tract and would be screened by the single family housing and the duplex housing.  The green area depicted a walkable village, mixed use complex.  Mr. LeRoy indicated the mixed uses would consist of a commercial, retail, office and residential complex.  The blue area would be a continuation of the higher density residential.  He explained they needed this development to make the walkable village work.
    Mr. LeRoy displayed another drawing of what was anticipated for the higher density, row house/ town house, type of development.  He said it would be something articulated in brick with very rich detailing, and they felt it would be a very handsome development.  Mr. LeRoy showed drawings of what the mixed use area might resemble.  He said it would not contain strip commercial parking, and would have either dwelling or offices units.  He said they wanted the ability to potentially close off one of the streets for street festivals and things of that nature.  He explained this would be a theme development -- progressing from residential to commercial to office districts.
    Mr. LeRoy listed stipulations that would be above and beyond what zoning would normally require.  For the proposed rezoning area, he stipulated that the density/use of the residential property immediately opposite or adjoining each of the lots in King's Meadow Subdivision must mimic the lot to which it adjoins (either R-1 or R-2, with R-1 as the maximum density allowed adjacent to the existing park), a residential street would be constructed adjoining the King's Meadow alignment along that property line with town house and row house density as the maximum density allowed across the street, units along the new street would be single family for sale units (not rental units), and they would consent to an architectural review by the City to ensure they are delivering what they say they are going to.  Within the complex, they will be constructing the street adjacent to King's Meadow, and they will stipulate that they will dedicate, when they come forth for platting a right-of-way, to extend the new street to Stone Valley Parkway and/or Smith Drive -- not to just cul-de-sac it, but to tie it into a street network.  Mr. LeRoy said they felt that to be important.
    Mr. LeRoy briefly discussed a second set of stipulations for the other sites not under review this evening.  For the future mixed use area, he said they would consent to architectural review, discuss the amount of appropriate parking in negotiations with the City, and deal with the issue of water retention.  For the higher density residential area, he said they would stipulate architectural review.
    Mr. Janku asked about the reference to potential park land.  Mr. LeRoy replied it is thought the northern area would not be suitable for anything but proposed green space due to the topography.  He said it is a wooded area and they felt it probably should be green space.  In any previous plans they have developed, this portion of the property has been designated as such.  Mr. LeRoy noted it is not part of the stipulations, but it is their intent to do it that way.
    Mayor Hindman asked about the road and whether it would continue north.  Mr. LeRoy pointed out where the road would continue, and it would have to proceed with the alignment in the area.  He said they do not want the road to end in a dead end, but in a way that connects to a network of streets.  Mr. LeRoy stated they would stipulate that the road will connect, at a minimum, with one of the two streets.
    Mrs. Crockett asked about a street in King's Meadow that stubs out, and wondered if it would continue to be a stub.  Mr. LeRoy said that is subject to negotiations with King's Meadow.  He thought the City's stance right now is that it will be stubbed out.  Mr. LeRoy reported they would love to see it in their proposal in order to utilize part of the site to possibly develop a cul-de-sac and some single family housing around the cul-de-sac.  He said they would be happy to talk to Kings Meadow about that potential.
    Mr. Campbell asked to be assured that the water retention will be to the extent that this project will not increase runoff.  Mr. LeRoy said that was the intent.
    Mayor Hindman said he appreciated the density being proposed, but hoped allowances would be made for some green space within the density.  Mr. LeRoy said it is thought that this project would connect to a green space network.  He said they actually want to extend trails and green-way networks into the adjacent neighborhoods through the sidewalk networks.  Mr. LeRoy reported that is the whole idea of creating the mixed use in the center of the community -- the ability to tie it in so people can either walk to it or take their bicycles to it.
    Joseph Tosini, the property owner, said he believed by allowing the City to participate in the architectural review would ensure the quality of the neighborhood.  He said they did not want to distract in any way from the neighborhoods around them.
    Mr. Janku asked Mr. Tosini about stipulating to the green space.  Mr. Tosini said the green space mentioned, he believed to be in the northwest corner, made sense to him.
    Tony Prato, 212 Dayspring, President of the King's Meadow Neighborhood Association, said tonight was the first time they have seen the plan.  He said the details are still a little elusive because he cannot see what is going into all of the blocks.  Regarding the plan they had seen at the Planning and Zoning Commission meeting, he said residents liked the idea of having a strip of R-1, but said they would like to see two rows of R-1 housing instead of just the one, and perhaps R-2 adjacent to King's Meadow where that zoning already exists.  Mr. Prato noted residents preferred this design because one of the main objections had been that they did not want the high density adjacent to their homes.  The second concern was that they wanted to see a plan for the whole area.  Mr. Prato reported tonight is the first opportunity the residents have had to see a plan for the entire area, and he thought the neighbors would like the chance to review it more carefully with the developer.  He said the developer has been vague on how much commercial would be going in, and residents have in the past objected to plans where roughly 20 acres of commercial have been depicted.  Mr. Prato commented if there is a relatively small amount of commercial in the extended plan for the entire parcel, it would certainly be a lot more acceptable than what it was before.  Mr. Prato reported the Vice-President of their neighborhood association met with the developer last summer, who really did not have any response until the Planning and Zoning meeting.  Since that meeting, he explained that there have been a couple of meetings between this individual and Mr. Tosini.  Apparently, the residents' feelings were made known and there has been somewhat of an accommodation.  Mr. Prato guessed the neighborhood's major concern now to be that they would like to have more time to sit down and look at the plans to see how much and what type of commercial would be going in.
    Peter Wilden, 4311 Sussex Drive, spoke on behalf of The Hamlet Association.  Mr. Wilden noted he had received a call from the President of the Rothwell Heights Association, who told him he was unable to attend the meeting, but relayed his association was in support of The Hamlet Association's position.  Mr. Wilden reported residents are disturbed by the fact that they have not seen any plans since the Planning and Zoning Commission meeting.  The Hamlet Association is also interested in having some type of R-1 buffer as part of the zoning request.  Mr. Wilden said the developer initially had a proposal of a walkable, sustainable community, which had been presented a few years ago.  At that time, he said the project was resoundingly opposed by all three of the then existing neighborhood associations.  Mr. Wilden commented the plan presented tonight is simply a reincarnation of that, except now it is a great example of piecemeal zoning.
    Mr. Wilden explained that his subdivision is located at the very southern end of the subject tract, and his neighborhood has had a history of storm water management difficulties.  He said this project would simply exacerbate another storm water management issue which has not addressed by the plan previously brought to the Council.  By doing this, Mr. Wilden said the developer would not have to worry about storm water that is produced by the property being discussed tonight because he has not yet developed the other surrounding areas, however, this tract will produce an increased amount of storm water runoff.  He noted three runoff areas that converge at the mouth of their subdivision.  Mr. Wilden reported there is no water retention now, the runoff is simply laked into an overflow as it can no longer pass under the culverts on Sussex Drive at Scott Boulevard.  He explained the City tried to make accommodations when Smith Drive was extended to Stoneridge Subdivision (a development directly to the west of this area) by installing slightly larger water handling facilities.  He observed these accommodations are inadequate as the roadway has been covered with water at least nine times since the road was constructed.  Mr. Wilden said the City had spent tens of thousands of dollars to try to fix the problem in collaboration with the Homeowners Association and with the developer.  He can see the same thing happening again, especially since there is no plan for the entire tract.  In addition, Mr. Wilden commented that this rezoning request does not match with the 20/20 Plan -- which shows this area as a neighborhood.
    Mrs. Crockett asked if residents were against the plan two and one-half years ago, what is to say if the developer spent several thousand dollars more putting a complete plan together, that they would be in favor of it.  Mr. Wilden said residents are not saying they would necessarily be in favor of it.  Mrs. Crockett asked why residents wanted to see a plan of the whole area.   Mr. Wilden said it appears at this point there are changes the applicant has imposed on their side of the plan from what it was before.  He said what residents are interested in is how much the plan has changed.  He said it looks as though some accommodations have been made because there was no R-1 zoning in the original plan, but they cannot read minds as to what will be done with the rest of the tracts of land which have direct impact on how such things such as traffic and water retention are handled.   Mrs. Crockett asked if residents would rather see no high density.  Mr. Wilden said they are not opposed to high density residential, but were opposed to having 20 acres of commercial property as part of this plan.  Mr. Kruse said that is not part of the plan -- what is before the Council tonight is a residential development with stipulations for what the rest of the project would look like, which is not 20 acres of commercial.  Mr. Wilden said he felt it was because everything else on the adjoining tract, about 20 acres, is all commercial.  The area to the south of Smith Drive was all commercial with high density residential to the very west edge.  Mr. Kruse said it was 20 acres of mixed use which is different from 20 acres of commercial.
    Mayor Hindman asked about the flooding Mr. Wilden referenced previously.  Mr. Wilden said the storm water floods over the entrance to The Hamlet Subdivision at Sussex Drive, and on Smith Drive at the junction of the Stoneridge entrance.  Mr. Patterson reminded the Council of an agreement they recently authorized with the Homeowners Association and Mr. Tosini.  He said at that time, Mr. Tosini offered to pay any additional costs as part of his share for trying to remedy some of the problems in The Hamlet.  Mr. Patterson confirmed staff is presently in the process of getting those agreements ready.  He observed there are now more controls in place than there were when The Hamlet was first platted.  Mr. Patterson thought it would be difficult to try to compare the previous storm water problems to the new development.  He noted the staff's ability to better control water retention can provide some assurances to the Council that similar problems will not be created.  With regard to detention on site, Mr. Patterson said the Land Disturbance Act requires a storm water management plan, in which case the staff can determine if there are considerable down stream conditions that would warrant detention.  He said staff can also assure there are proper measurements to not increase the peak runoff after development as opposed to what it is prior to development.
    Mr. Campbell asked if a PUD-10 would require such a plan and such controls.  Mr. Patterson said it would, and with PUD's they can go beyond normal ordinance requirements.
    Scott Boyd, 102 Dayspring, asked the Council to deny the request because the developer has not made an attempt, in his opinion, to negotiate in good faith.  He stated residents have told him they did not like the 20 acres of commercial, and Mr. Tosini has come up with multiple plans where he has put together color pictures of the property, called parking lots green space in some of the plans, but he has never made an effort to come off of that position.  He did not think that Mr. Tosini has ever made an effort to negotiate in that regard.  Mr. Boyd referred to a letter written by Mr. VanMatre about one year ago, and reported the developer has tried to negotiate by threatening to put high density residential adjacent to King's Meadow Subdivision because residents have been intransigent (holding to an extreme position).  He said the letter was offensive and created fear of the unknown.  He requested that the Council require developers to negotiate in good faith.  Mr. Boyd said he felt the developer has a poor track record with this development in The Hamlet.  He said his plans for The Hamlet were equally impressive.  Mr. Boyd observed a lot of customers in that subdivision were left dissatisfied and upset and feeling like they did not get what they were promised.
    Ms. Coble said she did not understand some of the things being said by the neighborhood associations when the plan has come in with changes based on what the associations requested.  She asked why there would be such fervor to characterize the developer as being unwilling to negotiate and unresponsive to the neighborhood concerns when the proof was brought to them this evening.  Mr. Boyd replied that there are two reasons -- one being that the entire tract is not represented.  Ms. Coble pointed out to him that the whole tract was not before the Council at this time.  Mr. Boyd understood that was not what was before them, but said that was why residents do not know what the request will be on that property.  He explained the neighborhood is asking that the Council not agree to spot zoning, but look at the tract of land as a whole.  Mr. Boyd reported the one sticking point has consistently been this large tract of land being reserved for commercial without addressing the plans for it.
    Dean Baxter explained that he is moving into a new house in Stoneridge and he did not think the people there or the developers of it know about this situation.  He said he and his son bought three lots in Stoneridge and they were not told about this project until he asked.  Mr. Baxter supported everything said by Mr. Boyd and added that he, himself, has lived in The Hamlet and things there did not happen the way he was told they were going to happen.
    Ben Francisco, 4308 Christian Fellowship, explained that he has been in seven meetings in the last year having to do with the development of this property.  He felt they have been guilty, as a neighborhood association, of not being as open as they should have been.  He agreed that at time, residents put up barriers that were unreasonable to the developer.  Mr. Francisco thought they were coming closer together finally, and noted that at the last meeting, people were reasonable and the conversations were the kind that need to happen in order for a neighborhood to support a project such as this.  He felt Mr. Tosini's intentions were very good, and has been impressed with the plans he has had.  Mr. Francisco felt the recent adjustment was significant, and that it reflects the opinions expressed at the last meeting when residents had said they would like a border that reflects the character of the current neighborhood.  Unfortunately, Mr. Francisco believed the Council was seeing some historical ill will playing out.
    Craig VanMatre explained that the contract with Mr. Stohldrier, who purchased Stoneridge Estates, required that he notify every property owner that bought from him as to Mr. Tosini's plans for the subject site.   He apologized for his letter being misconstrued.  It had been Mr. VanMatre's intention to invite residents to a meeting, to which nobody came.  He said they fully intend, once the project is in the planning stage, to come back to the neighbors and meet with them on as many occasions as necessary to discuss the proposal for this mixed use development.  He reported Mr. Tosini has no desire to shut the neighbors out of the rest of the planning process.  Regarding the storm water, Mr. VanMatre said Engineering Surveys, from what he understood, has all but put the finishing touches on a comprehensive plan for the entire area, which will assure that this development does not adversely affect anybody down stream.
    In looking at this project, Mr. Janku said he realized the Council had a previous discussion with Mr. Stohldrier.  He said one of the issues related to the proposed school in the area, and said he will also be looking for pedestrian connections between this dense development and the potential for the school.  Mr. Janku commented that the school children who may be attending Christian Fellowship should not be forced to travel onto Scott Boulevard.  Mr. VanMatre said he understood this concern, and there would absolutely be pedestrian connections.
    In rebuttal to Mr. VanMatre's closing remarks, Mr. Wilden said he had attended every meeting which he has been notified of.  He said there may have been other meetings that members of The Hamlet Association were not invited to.
    Mayor Hindman closed the public hearing.
    Mr. Campbell said he would have preferred to see the whole plan this evening, but he was prepared, based     upon what he has seen, to go ahead and allow portions of the project to begin.  He did have concerns about the amount of commercial development, which had been voiced to the developer.  Mr. Campbell commented they would have to wait and see what comes in.  Regarding the storm water drainage, Mr. Campbell said there are stronger controls under PUD's than there are with an R-1 development.  He felt the City would have better control of what happens with the runoff for The Hamlet.  Mr. Campbell noted the Council has had discussions about allowing high density and mixed use, but when it comes down to it, everyone says "not in my backyard".  He said they are going to have to start working out some good examples of what a good, high density, mixed use development looks like.  He thought this was their opportunity to begin the process.  Mr. Campbell said he was very pleased to see the developer putting a buffer of the same density next to the King's Meadow neighborhood.  He is prepared to support the rezoning request in front of the Council this evening, and he will look very closely at what comes along as the next portion.  He hoped many meetings would take place between the developer and the neighborhoods.
    Mayor Hindman commented that he was pleased to see the change this evening that was clearly designed to satisfy objections from the neighbors.  He agreed with Mr. Campbell in that it is a major step in the right direction towards the kind of development the Council feels appropriate for this community as it grows.
    Regarding the comments of the speaker who was concerned about this being a new plan, Mr. Campbell said he thought he had seen every version of the plan that has come in, and this area has been shown as high density from the start.
    Mr. Janku mentioned the danger of piecemeal development the Council has seen in other locations.  He said many times little pockets are being developed independently with no interconnections.  He felt the developer in this case has committed to both street and pedestrian interconnections.  Mr. Janku stated that alleviated the concerns he normally has about what might be considered piecemeal development .
    Mrs. Crockett agreed with the comments made by Mayor Hindman and Mr. Campbell.
    Mr. Kruse said the Council has had previous discussions about allowing a somewhat higher density development as a hedge against encouraging sprawl.  He hoped people in the community would appreciate that the Council is not suggesting that all development in the future will be high density.   He said they want to see a mix of development of different types.  Mr. Kruse felt this could be one example of a different model that will be good for the community.
    B53-99 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:
 

Introduced by                Hindman
First Reading          03/01/99                Second Reading       03/15/99
Ordinance No.           15917                 Council Bill No.           B 53-99
 AN ORDINANCE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The Zoning District Map established and adopted by Section 29-4 of the Code of Ordinances of the City of Columbia, Missouri, is amended so that the following property:

    A tract of land located in the northeast 1/4 of Section 17 T48N R13W in Columbia, Boone County, Missouri further described as follows:

    Beginning at a point on the southerly line of Lot 2 King's Meadow Subdivision -Block 6, being S84°42'55E, 33.16 feet from the southwest corner thereof; thence S84°42'55"E, along the southerly line of King's Meadow Subdivision Block 6, Block 5, Block 2 and Block 1, 1442.97 feet to the westerly right-of-way of State Route TT; thence along said right-of-way, S0°04'55"E 140.62 feet; thence leaving said right-of-way, N84°42'55"W 726.15 feet; thence S3°02'05"W 574.89 feet; thence N86°57'55"W 413.47 feet; thence S74°13'10"W 191.45 feet to the easterly right-of-way of Stone Valley Parkway; thence along said right-of-way, N15°46'50"W 242.00-feet; thence along a curve to the right having a radius of 467.00 feet, 125.53 feet, the chord being N8°04'50"W 125.15 feet; thence N0°22'45"W 454.12 feet to the beginning and containing 14.03 acres.

will be rezoned and become a part of District PUD-10 (Planned Unit Development District) and taken away from District A-1 (Agricultural District) and R-1 (One-Family Dwelling District).  Hereafter the property may be used for condominium units as townhouses, a community or neighborhood center and related amenities.  The zoning district map shall designate the property PUD-10.  The statement of intent submitted by applicant's agent, marked "Exhibit A" is attached to and made a part of this ordinance.

    SECTION 2.  The property described in Section 1 is designated "Medium Density Residential" on the Land Use Plan.

    SECTION 3.  All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

    SECTION 4.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 15th day of March, 1999.

ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer

B60-99     Calling for bids for the street improvement project at the intersection of Scott Boulevard
                  and Current Road.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this project would remove a blind spot on Scott Boulevard where it intersects with Current Road.  The proposal is to lower about 300 feet of Scott Boulevard to get rid of the blind spot.  The cost is estimated at $40,000.
    Mayor Hindman opened the public hearing.
    Ken David, 4012 Compton Road, a member of the Homeowners Association, spoke in support of the project.  He said it would rectify a really dangerous situation.  He said anyone entering or leaving the West Pointe Subdivision puts themselves in jeopardy leaving Current Road.
    Mr. Beck pointed out that eight accidents occurred at this intersection in 1998.
    Mr. Campbell said he had driven out there to look at the situation, and it had scared him trying to get back out onto Scott.  He said there is no question that the improvement is needed.  He said there were others present willing to speak if need be.
    Mayor Hindman closed the public hearing.
    B60-99 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:

Introduced by                  Hindman
First Reading           03/01/99              Second Reading        03/15/99
Ordinance No.            15924                Council Bill No.           B 60-99
 AN ORDINANCE

    WHEREAS, the City Council adopted a resolution declaring the necessity of constructing street improvements at the intersection of Scott Boulevard and Current Road; and

    WHEREAS, the resolution was published in a daily newspaper of general circulation in the city; and

    WHEREAS, the City Council has held a public hearing on construction of the improvement.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The Council finds that the reconstruction of the intersection of Scott Boulevard and Current Road to improve sight distance is necessary for the welfare and improvement of the City and that it is in the public interest that such improvement be made.

    SECTION 2.  The plans and specifications for this improvement, as prepared by the Director of Public Works and filed in the office of the City Clerk, are hereby approved and made a part of this ordinance.

    SECTION 3.  The construction of the improvement shall be done by contract in accordance with the plans and specifications, the laws of the State of Missouri, and the Charter and Ordinances of the City of Columbia, Missouri.

    SECTION 4.  The City Clerk is authorized and directed to advertise for bids for the construction of the improvement.  The advertisement shall be published for seven (7) consecutive insertions in a daily newspaper of general circulation in the City of Columbia and shall state that the bids must be filed by 11:15 a.m. on April 6, 1999.  The first publication of the advertisement shall be no later than March 27, 1999.  The advertisement shall refer to the plans and specifications filed in the City Clerk's office and shall advise bidders of the method of payment for the improvement.  The advertisement shall state that the Council reserves the right to reject any and all bids and that, in order to be considered, a bid must be accompanied by a certified check or bid bond with corporate surety for five percent (5%) of the amount of the bid, payable to the City of Columbia.  All bids shall be opened by the City Clerk in the chambers where the City Council holds its regular meetings at 11:15 a.m. on April 6, 1999.

    SECTION 5.  Payment for this improvement shall be made from capital improvement sales tax funds and from such other funds as may be lawfully appropriated.

    SECTION 6.  The City Manager is authorized to obtain, execute and have recorded all licenses, easements, deeds and any other conveyances or instruments necessary for the City to complete this improvement.

    SECTION 7.  The contract for the improvement shall provide that not less than the prevailing hourly rate of wages, as found by the Department of Labor and Industrial Relations of Missouri, shall be paid to all workmen performing work under the contract.  The contractor's bond shall guarantee the faithful performance of the prevailing hourly wage clause in the contract.

    SECTION 8.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 15th day of March, 1999.

ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer
 
B61-99     Authorizing the pedestrian enhancement improvements at the intersection of Forum
                  Boulevard and Chapel Hill Road; utilizing city forces.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the Council had requested that this intersection be examined.
    Mr. Patterson said when the original report went to the Council, staff had shown two alternatives and the recommendation was to go with a relatively minor modification of the intersection, but one that was felt that would do quite a bit of good for pedestrian safety.  The action recommended is to mark crosswalks on the east, west and south legs of the intersection; that they modify the channelization islands on the northwest and southwest corner in order to shorten the walking distance and provide protected islands for pedestrians; and that they reconstruct the corner truncation at the southeast corner.  The estimated cost of the project is $9,500.  Mr. Patterson said staff looked at the desirability of a crossing on the north leg also.  He said that had been presented to the Council as another alternative, and would also include pedestrian activated signals and would cost about $8,200.  He explained staff does not recommend this alternative because of the cost and the impact it would have on pedestrian safety and the phasing of signals for vehicular traffic.  He said the staff felt the proposed solution will provide for a safe pedestrian crossing of the intersection.
    Mayor Hindman commended the staff for the three crosswalks included, but said he thought they should consider the other crosswalk.  He asked where the extra expense comes in.  Mr. Patterson said what has been proposed would not include the pedestrian actuated signals on the four legs.  He said that was a big part of the expense, in addition to the configuration to allow for a crosswalk on the north side because  the two crosswalk patterns would require modification of the northwest corner (widening, and acquiring right-of-way), which would be anticipated to be very expensive.  With regard to the traffic impact, Mr. Patterson said the distance with the dual turn lanes on the north leg would be a longer pedestrian walkway, and would require rephasing the signals, which are now currently split phase -- provides for the multiple turn lanes to the north and holding traffic from the east.  Mr. Patterson explained there is very little traffic coming into this intersection from the east leg as compared from the west turning north.  Therefore, to provide for safe timing for people to cross on the north side, they would be adding a significant amount of green signal to the west bound leg and it would interfere tremendously with traffic.  Mr. Patterson reported it is not thought that would serve a large portion of people any better than the three legs proposed earlier.
    Mayor Hindman asked about the width of the traffic lanes on Forum.  Mr. Patterson replied they are either eleven or twelve feet.  Mayor Hindman said he stepped them off and had gotten more than twelve feet.  He said when looking at the island on the northwest, there is a foot or two from the edge of the traffic lane until you get to the island.  In the curb configuration on the northeast, he said it is very different than it is on the southeast.  Mayor Hindman thought if the curb is designed to be similar to the one on the southeast, and the traffic lanes are narrowed just a little bit, it looked like an island could be put at this location as well.  He felt it could be done without putting in the lights.
    Mr. Janku understood the key to saving money is not having the pedestrian actuated signals.  He asked if the City could just acquire the right-of-way and put in a curb.  Mayor Hindman did not think right-of-way would have to be acquired.
    Mr. Patterson noted that the island at the northwest would have to be enlarged to comply with ADA criteria for the two intersecting pedestrian ways.  To get the width they would need, he said they would have to expand in a direction which requires a taking of land at the northwest corner.  Mr. Patterson commented that was one of the big items.
    Mayor Hindman said he was all for what was being recommended, but said he would like to look some more at what could be done with the crossing on the north side.  Mr. Patterson explained the Council could always come back and revisit that, but this would give direction to staff for the development of pedestrian improvements that will enhance the intersection.  As the development continues to occur, staff could certainly come back with other alternatives.  Mayor Hindman said he would like to see them take a look at it right away.
    Mr. Janku asked if there was anything being recommended that would have to be changed in order to allow for improvements at a later date.  Mr. Patterson said there would be no significant expense, and the only thing that would have to be redone would be the mounding of the island configurations, which would have to be taken out anyway if they proceed with the second alternative.
    Mr. Kruse asked if the Mayor was suggesting that the curb on the northeast corner be shaped more like the one on the southeast corner in order to decrease the distance pedestrians would have to walk, which might ease the issue of phasing.  Mayor Hindman said that was correct, and reported if an island could be constructed at this location, then the pedestrians would have a much shorter distance to travel and traffic will not have to be delayed.  He suggested putting the island on the west side of the left hand turn lane for the people going south.  He would leave the island that is already depicted and just add another one in the middle.  Mayor Hindman thought there would be room for it if the traffic lanes were narrowed.
    Mr. Campbell asked how much difference would be made in traffic safety with narrower lanes versus wider lanes.  He said the Council needs to consider the safety of everybody concerned, not just the pedestrians.  He thought at this particular point that number could be relatively small.  Mr. Campbell thought the narrow lanes on Providence Road create a traffic hazard.  Mr. Patterson said that was true, but did not know how they would quantify that.
    Mayor Hindman said he would like to have his suggestion reviewed, but the Council would need to have a public hearing on it.
    Mayor Hindman opened the public hearing.
    Linda Hawes, 3007 Yorktown Drive, said she drives the area all of the time and there is a lot of bicycle traffic traveling to the MKT trail.  She thought if the lanes are narrowed, the bikers would be put in even more peril.
    Greg Ahrens, a member of the Bicycle/Pedestrian Commission, said he attended the all day workshop that Mr. Burden conducted last year.  He said some of what he is seeing tonight does not look like anything Mr. Burden presented at the workshop.  Mr. Ahrens suggested narrowing the traffic lanes and putting in some bike lanes.  He thought it should be reviewed by the Commission and perhaps have more hearings before passage.
    Mayor Hindman closed the public hearing.
    Mr. Janku thought the Council should proceed with what was offered, and then try to determine what else can be done.  He commented he was at the intersection not too long ago, and as an adult he could figure out the light pattern, but a lot of times children are not as familiar with left turn patterns.  He said it can be a pretty intimidating corner.  Mr. Janku thought the staff should figure out a less expensive way to try to work on a solution.
    Mayor Hindman said there are a lot of apartments in this location, and those residents would be crossing at this intersection to frequent the various shops across the street.  Mayor Hindman said this would be a direct route, and that is what people will take most often.
    Mr. Campbell said the City is always trying to fix something that should have been done differently.  He has heard many, many comments about the safety of the narrow lanes on Providence Road, and he did not think they should make two bad situations out of one situation.  Mr. Campbell believed that is what would exist if the traffic lanes are narrowed and a walkway is installed that would probably have relatively little use.
    Mrs. Crockett said it was apparent Public Works had put some time in on this plan, and she felt they should build it as proposed.  If it is found not to work, they could go back and perhaps do the north end of it.  She said the reason it was not planned to start with was because of the timing on the signals.
    Mayor Hindman said another thing he would like to see was the crosswalks painted with big white markings.  He was happy to see the crosswalks at Stadium and Forum, but it is just two white lines.  He observed the crosswalks at Tenth and Rogers are much more conspicuous and people tend to respect them a great deal more.  Mr. Kruse agreed.
    Mr. Kruse said he would support this plan, but was in favor of asking the staff to at least take a look at the implications of making the curve sharper on the northeast corner to see what affect it would have on the phasing of a light.  He said that might take away some of the concern the staff has.
    B61-99 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:

Introduced by                  Hindman
First Reading           03/01/99              Second Reading         03/15/99
Ordinance No.            15925                Council Bill No.            B 61-99
 AN ORDINANCE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  Subsequent to the adoption of a resolution by the City Council, declaring the necessity for pedestrian enhancement improvements at the intersection of Forum Boulevard and Chapel Hill Road and pursuant to the publication of the resolution in a daily newspaper of general circulation in the City of Columbia, Missouri, and the affidavit of publication filed; and after a public hearing as provided for in Section 75 of the Home Rule Charter, the Council finds and determines construction of such improvements, including the modification of existing channelization islands, reconstruction of the southeast corner truncation, construction of sidewalk ramps, and installation of crosswalks, all in accordance with the City of Columbia Street and Storm Sewer Specifications and Standards, is necessary for the welfare and improvement of the City and that it is in the public interest that such improvements be made.

    SECTION 2.  The plans and specifications for these improvements as prepared by the Department of Public Works and filed in the office of the City Clerk, are hereby approved, adopted and made a part hereof by reference as fully as if set forth herein verbatim.

    SECTION 3.  As deemed advisable by the City Manager pursuant to Section 70 of the City Charter, City employees shall be used to construct the improvements.

    SECTION 4.  Payment for this improvement shall be made from capital improvement sales tax funds and such other funds as may be lawfully appropriated.

    SECTION 5.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 15th day of March, 1999.

ATTEST:

 /s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                             Mayor and Presiding Officer
 
B62-99     Amending Chapters 13 and 22 of the Code to increase charges for sewage service.
    The bill was given second reading by the Clerk.
    Prior to the November, 1997 ballot issue, Mr. Beck explained that the City developed a payback plan for issuance of revenue bonds to finance a fairly long list of proposed wastewater facility improvements.  He said the first increase was in 1998, and an increase was planned in 1999, with the last increase being in the year 2001.  At this point in time,the Public Works Department is applying for a loan from the Department of Natural Resources, and the Council needs to have a discussion on this issue prior to that to satisfy their needs.  Mr. Beck pointed out that the wastewater rates are adjusted usually once a year based on residential water usage during December, January, and February.  He hoped the adjustments can be made at the same time.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B62-99 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:

Introduced by                  Hindman
First Reading           03/01/99              Second Reading        03/15/99
Ordinance No.            15926                Council Bill No.           B 62-99
 AN ORDINANCE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  Chapter 13 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:

    Material to be deleted in strikeout; material to be added underlined.

Sec. 13-192. Charges for disposal services.

(a) There shall be an extra strength charge for any acceptable liquid waste discharged into the designated disposal facility, as provided by section 22-263(b)(2) of this Code.

(b) The following charges shall be imposed for acceptable liquid waste generated within the city limits of Columbia which is discharged into the designated disposal facility:

(1) Waste activated sludge from package wastewater
 treatment plants and stabilization pond sludge........$0.016 per gallon

(2) Portable/chemical toilet, domestic holding tank,
 septic tank and grease trap wastes.....................$0.03 per gallon

(3) Treatment service availability .......................$3.41 3.62 per load

. . .

    SECTION 2.  Chapter 22 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:

    Material to be deleted in strikeout; material to be added underlined.

Sec. 22-263. Charges for sewage service.

...

    (b) The monthly charges for residential and public authority customer classifications shall be based on the average monthly billing of water usage during the immediate preceding calendar months of January, February and March. Where such basis is not considered representative of sewage discharge for public authority customers, the provisions of section 27-19 of this Code or any other reasonable basis of estimating sewage discharge from such customers may be used. Commercial and industrial charges shall be based on one hundred (100) per cent of the monthly metered water used, except as otherwise provided in this Code.

(1) Basic sewage service charge. Each user of the wastewater system of the city shall pay for the use of such system monthly sewage service charges based on the following rates:

     User Charge  Capital Charge
     Portion  Portion  Total

Service charge, per month:
 All customers....  $2.8493  $0.6769  $3.5162

Quantity charge, per Ccf:
  All volume....  0.7072  0.13514  0.83586

Ccf = 100 cubic feet
 
(2) Extra strength charge. Wastewater discharged to the wastewater system from commercial or industrial users shall be subject to an extra strength charge when the BOD or total suspended solids concentration exceeds three hundred (300) milligrams per liter (mg/l) by weight. All analyses shall be performed on composite samples collected at no less than hourly intervals over a twenty-four-hour period.

    Extra strength charges shall be calculated based on one hundred (100) per cent of metered water use, except as otherwise provided in section 22-269 of this Code, in accordance with the following formula:

  S = Vs  x  0.00624  x  [$0.104 107 (BOD - 300) + $0.071 073 (SS - 300)]

Where:

S                      =     Surcharge in dollars monthly.
Vs                    =     Sewage volume in 100 cubic feet per month.
0.00624          =     Conversion factor for hundred cubic feet to million pounds.
$0.104 107    =      Unit charge for BOD in dollars per pound; of which $0.08 083 represents the user
                                charge portion and $0.024 represents capital charges.
BOD               =       BOD strength index in mg/l by weight.
300                 =       Allowed BOD and suspended solids strengths in mg/l by weight.
$0.071           =        Unit charge for suspended solids in dollars per pound; of which $0.055 057 represents the
                                  user charge portion and $0.016 017 represents capital charges.
SS                  =        Suspended solids strength index in mg/l by weight.

. . .

    SECTION 3.  The new rates established in this ordinance shall be applied to utility bills beginning with the first cycle billed in June, 1999.

    SECTION 4.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 15th day of March, 1999.
 
ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer
 
(B)     Voluntary annexation of property located on the north side of Smith Drive, west of Stone Valley
           Parkway.
    Item B was read by the Clerk.
    Mr. Beck explained that this six acre tract of land is located in west Columbia.  He understood the applicants would be requesting single family zoning.
    Mrs. Crockett asked if the same property is all under one ownership.  Mr. Hancock replied that was correct, and added that it is called the Smith Farm.  He noted the tract in question will become part of the Stoneridge Estates.  Mrs. Crockett asked if this was the only portion that would become part of Stoneridge Estates.  Mr. Hancock said that was correct, at this point.  Mrs. Crockett asked whey the entire tract is not being considered.  Mr. Hancock said he did not know if the sale had occurred yet or not, but the developer of Stoneridge Estates needs another way in and out of the development.  He said this tract would provide for that along with some lots.  He did not know if this individual would purchase the rest of the farm.
    Mr. Campbell asked who would pay for the extension of Smith Drive since it does not extend nearly that far.  Mr. Beck assumed it would be charged out in accordance with the City's collector street policy.  Mr. Patterson said that was correct, and added that staff has received an indication that there is a request that the extension be constructed by tax bill in accordance with collector street standards.  Mr. Patterson commented the Council would probably be seeing that request in the very near future.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.

R51-99     Approving the FY 1998 CDBG and HOME Performance Report.
    The resolution was read by the Clerk.
    Mr. Beck noted that the Council was sent a lengthy report, which the staff needs to produce each year in accordance with HUD requirements.  He said it also gives the City an opportunity to consolidate information regarding occurrences in the HUD area.
    Mr. Janku pointed out that Mr. Hancock had indicated in the past that there is a waiting list for the rehabilitation of homes.  He asked if that was still true.  Mr. Hancock said it is, but they are able to address it with both HOME and CDBG funds.  He said it is not quite the list it once was, probably about a six month waiting list now.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    Mr. Janku asked if the waiting list should continue and noted that the applicant for the Hanover property is still on that list, in terms of approval for the state tax credits.  He asked if they would be considering making a decision to move away from it.  Mr. Janku was concerned about being under the gun for not spending CDBG funds.  Mr. Beck said he was not sure that project was dead.  He thought there was a good possibility that it could still go forward.  Mr. Hancock said he had talked to the Missouri Housing Development Commission a couple of times about it, and they felt it would go and that there will be some tax credits returned that they will be able to take advantage of.  He said they could discuss it when they get our contracts with HUD and have the funding for 1999.  He said if something occurs at that time, it could be taken up with the Council.
    The vote on R51-99 was recorded as follows:  VOTING YES:  HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO: NO ONE.  Resolution declared adopted, reading as follows:

Introduced by            Hindman                 Council Bill No.          R 51-99
 A RESOLUTION

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The City Council hereby approves the FY 1998 CDBG and HOME Performance Report.

    SECTION 2.  The City Manager is hereby authorized to submit the report to the Department of Housing and Urban Development.

    ADOPTED this 15th day of March, 1999.

ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer

OLD BUSINESS
R34-99     Authorizing and directing City Manager to negotiate sale of city property to the Islamic
                  Center.
    The resolution was read by the Clerk.
    Since the last meeting, Mr. Beck explained that a proposal had been submitted by a representative of the Islamic Center, which included reducing the strip of ground in question to a lesser width and paying the City in cash for it.  Another alternative offered was to provide payment to the City, which the Center suggested might be used for the Katy Station.  The third alternate was a long-term lease of the property.  Mr. Beck said if the property is excavated to any extent, the City would probably need to look at the aspects of the environmental impact.  He explained what would have to occur if environmental contaminants were found on the property.
    Mr. Campbell asked about the expense of a clean-up and what had been spent cleaning the trail head area.  Mr. Beck said the second time around the estimated cost is about $100,000.  He said the City had been able to utilize some Super Fund money on that particular clean-up.  Ms. Coble asked if it had been 100% funded.  Mr. Beck said it was paid up to a certain amount.  Mr. Hood thought the City has to pay the first $10,000, and then the Super Funds pay the next dollar amount up to a certain level -- which he thought to be $100,000, and then if the cost goes over that, the City would have to pay some more.  Mr. Campbell asked if the fund was still available.  Mr. Patterson said it was.
    Mr. Coffman was interested in knowing if the parking lots were to be removed, seeded and made into green space, whether that would trigger the same environmental assessment.   Mr. Patterson said any excavation of the site, a known contamination area, would require the remediation.  He explained that was what had occurred the last time, they removed the foundation of a building and that triggered the remediation process.  Mr. Patterson commented the simplest thing is to have a Phase I assessment to determine what exists.
    Mark Farnen, Woodruff and Company, spoke as a representative of the Islamic Center on marketing and public relations matters.  He said his wife was going to give a presentation on integrated land use for trails, but her plans changed.  She was going to talk about the aspects of recruiting, not dissuading, cultural and historical buildings to be built along trails so as to enhance and expand the use of them.
    Mohammed Eldeib, Chairman of the Board of Trustees, said if the Islamic Center is permitted to acquire the land in question, it would allow them to provide important cultural and educational programming and services, not only to their own members, but to the community as a whole.   Dr. Eldeib noted that, as of today, more than 1,358 letters and signatures have been submitted to the Council in support of their request.  He referred to the three alternatives that were presented last Monday and noted that their preference would be the direct sale of the property.
    Mazin Ayoubi, AIC Architects, said since he had last appeared before the Council, he had met with the Trail Committee and had then gone back to the drawing table.  He said they analyzed the vehicular traffic, the site access, the pedestrian traffic and the orientation of the buildings with the religious and cultural value requirements.  In summary, Mr. Ayoubi explained that they have pushed the building back about 20 feet to the east, allowing a more even alignment with the building to the north.  He said they have allowed only 45 feet to the west of the site for the expansion of the Center.  He said the site slopes from the east to the west and provides about ten feet of difference between the existing grade and the beginning of the parking lots.  He explained that gives about a 14 foot drop from the entrance of the Islamic Center to the beginning of the parking lot to the west.  Pushing the plans to the east have further reduced the parking capacity from 120 to about 40 parking spaces.
    Regarding the social analysis of the site, Mr. Ayoubi explained that there has been an approximate 300% growth in the Muslim community over the past 15 years.   He said the educational and cultural needs are also growing, and as a place of worship, Mr. Ayoubi reported the addition is necessary in order to reflect the community's growth.  He pointed out that the Center is a good neighbor and its members have been good citizens.
    Referring to the second option, Mr. Ayoubi said if they had no additional footage to the west, trying to fit the foot print of the building requirements in a way to fit the site, would only leave about six parking spaces.  Option three gave a few more spaces, but with two different alternatives.  He said none of the alternatives really gives them any comfort of an urban design space.  Mr. Ayoubi explained the fifty feet is very much needed to allow the Center, in a sensitive way, to expand its facility on the site.
    Mr. Kruse asked for a review of the amount of square footage in terms of the building foot prints they have now, and what would exist after the buildings are constructed.  Mr. Ayoubi explained that the current building plans do not show any expansion of the prayer hall, although an expansion is needed.  He said the expansion of the facility would incur between 20,000 and 25,000 square feet of additional space in Phase I.   Phase II would be the educational wing, consisting of a two story building with a walk-out basement (3 levels on the educational wing).  With the store on one side and the community hall being about 8,000 square feet, Mr. Ayoubi said the total for the new additions would be approximately 32,000 square feet for the foot print of the building, not including what is there now.  Mr. Kruse asked why he thought that figure had only been 18,000 square feet in the past.  Mr. Ayoubi suggested that might have been the floor plan of only one area of the educational wing and the entryway.
    Much discussion followed about square footage using drawings to show the 32,000 square feet foot print.  Mr. Ayoubi explained that they took the same foot print and pushed it more into the site.  He said part of the community hall is shown over the storm sewer in question.
    Ms. Coble asked if there had been any conversation with the City staff with regard to what the requirements would be on any construction that would occur over the large storm sewer underneath the Center's current property.  Mr. Ayoubi said there had been discussions at one time, and at the previous Council meeting he had become aware that it was an option to build on top of it.  He understood the Center could build on this piece of property only after the storm sewer is relocated.
    Steve Jacobs, Co-Chair person for the Social Justice Commission for the Newman Center, reported that the Commission was supportive of the sale of land to the Islamic Center.  At the last meeting, he witnessed the Council honoring multiculturalism in Columbia's schools.  He said if the Council refuses to sell the small strip of parking spaces to the Center, they would not only lose the money paid at fair market value for the land, but also lose the offer of the Islamic Center to help landscape the remaining land and build a bridge over the creek.  More important than losing the money and the assistance, Mr. Jacobs said they would be risking alienating  hundreds of Columbia citizens that attend religious services there.  He reported if the Council votes to sell the land, they will be forming a cooperative partnership and will create so much good will that the benefits of selling the parking spaces will far outweigh any benefit from turning the extra strip of land into green space.  Mr. Jacobs felt that the Islamic Center has negotiated openly and even modified their proposal to accommodate the Trail Head Committee.  He felt the only compromise the Committee had offered was to suggest that the Center compromise even further so that their plan no longer meets the needs of their growing faith community.  He saw that as no compromise at all, and said that it violates the instructions given to both groups -- to come up with a compromise.
    David Finke, newly appointed Human Rights Commission member, said he had declared to the Commission that he will have an active concern for following intergroup relations in this city, particularly between religious groups and what the implications might be, as well as proposed city actions as they affect a significant minority community.  Mr. Finke did not have a recommendation about specific plans, but urged that there be a message of accommodation, encouragement, and cooperation between governmental bodies and religious bodies.
    Fred Crawford, 2704 Isherwood, said he would prefer to see the City retain the land and develop it according to any plans they already have.
    Melcazar Ayem, 2307 Cherry Ridge Lane, explained that she is a child psychiatrist and that she has been practicing in Columbia for many years.  She spoke in support of the Center's request.  She felt by having a cultural and educational center at this location would be beneficial to the Islamic Center and to the public at large.  She said children are always interested in learning about different cultures, and having a cultural center would give adolescents a great opportunity to learn about various cultures instead of walking the streets and getting in trouble.  Ms. Ayem pointed out that she has been an active member of the Islamic community since 1983, and she has seen how the community has grown, as has their contribution to the City and their needs.  She said the Center has played a great role in raising and educating her children.
    Arej Sawani, 2601 Hillshire, said for 15 years the Center has been the same size, while the number of people attending the Center has increased.  Extending the current property by 50 feet she felt would make a big difference.  Ms. Sawani noted the precedent for selling public land to a private organization has already been set as it has been done before.  She realized losing the parking spaces would be a problem, but pointed out there are two parking garages nearby.  Regarding green space, she said their project has incorporated green space to make the entire area more pleasing to everyone around it.  Ms. Sawani said she has always been disturbed by the fact that for 15 years that area of land had been essentially ignored, and when the Center wanted to do something with it, it became an issue and many other people then wanted to do something with it.
    John Ott, Chair of the MKT Trail Head Committee, respectfully requested that the Council not consider selling this public land, potential green space, to any organization.  He said the Committee felt a better community need was to have public, open green space in the downtown area.  Mr. Ott commented the Committee met with representatives of the Center on several occasions, and both sides had similar interests.  He reported the Center had been willing to compromise, and offered to swap land in that area, several feet on the west side of the property, in exchange for some land on the south side of the property.  He said that was not acceptable and apparently did not make sense at the time to the Islamic Center.  The Committee believes this to be a land use issue, rather than an issue about multiculturalism.  Mr. Ott explained the Committee believes the Center's goals and plans are worthy ones, and hope they follow-through and develop their project.  However, the Committee believes they can also do that on their own property.  Mr. Ott stated after talking with representatives from the Center, they learned that they have 57,400 square feet.  He believed that the conversation this evening about how the property would be used had reflected some miscommunication, perhaps unintentional, but there were contradictions.  He said their understanding was that the Center's need and their foot print was no more than 24,000 square feet.  Mr. Ott did not understand where the numbers he heard earlier were coming from.  Regardless, he said the Committee felt there was plenty of space on the Islamic Center's existing property to build a wonderful facility.
    Ms. Coble asked if the Committee has taken a formal position that the loss of 50 feet would inhibit the ability of the remaining square footage to be used as a park.  Mr. Ott said he wished it was 50 square feet.  He said the Center's proposal would allow them a corridor through there, but what the Committee is looking for is a park parcel.  Ms. Coble said it would be 50 feet by 300 feet in length.  She said that would leave 70 square feet open.  Mr. Ott said the difference was a "Peace Park setting" versus a corridor through the area next to a building.  Ms. Coble said it would never be the size of Peace Park.  Mr. Ott agreed, and said the difference would be comparably looking at a corridor versus a more rectangular type of park with a significant amount of park space.  Ms. Coble asked if there has been any formal plan developed by the Committee for the usage.  Mr. Ott passed out a drawing which he said is just one idea.  He reported the Committee had felt it would be presumptuous of them, without any kind of public input, to put together something in a final form.
    Mr. Coffman asked if there was any amount of space the Committee felt could be acceptably given up for an educational center.  Mr. Ott said the Committee believed it would be a fair arrangement to swap 10 to 20 feet on the west side for the full distance of 300 feet, with the opportunity to swap some on the south side.  He said it was their understanding there is a new storm sewer along there where the Center could not build anyway.   Mr. Coffman asked if that would result in a net loss of any space, or if it would be a gain.  Mr. Ott said their goal was not to have a net loss, but in the event it would allow and provide for space in a certain direction that the Islamic Center needed, they thought a fair solution would be to swap.  Mr. Coffman asked if that would increase the land space that would be available to the Islamic Center.  Mr. Ott said their position was to create that situation, but to also do it in a fashion that would make it more space in a certain direction.  Mr. Coffman understood that they would have had about the same amount of area, but it would be closer to the creek.  Mr. Ott said that was correct, but that had not been their first option.  The first option had been to have more of a rectangular park area, but in the spirit of compromise, that had been one idea.  Mr. Coffman asked if the Committee is prepared to support removing the parking there and turning it into a park area.  He said in his contacts with the public he has heard overwhelming support for that.  Mr. Coffman noted he would feel terrible if he voted against the request and it turns out to remain parking.  He said that would be clearly inferior to what an educational center could do for this community.  Mr. Ott said the Committee clearly supports the idea of having a park in that area.  He said it is their belief the community wants to see the land remain in public hands, and also wants it to become a park.  He said they would love to have the approval from the Council to pursue plans and potential funding for a park if it is decided the land is not available for sale.
    Nicholas Peckham, an architect with offices at 15 S. Tenth, spoke about urban design.  He said that is understood to be the physical design of a city, whereas city planning is sometimes thought of as the policy arm of implementing an urban design strategy.  One of the rules of urban design, was that there is a tremendous advantage in having buildings come up to sidewalks to face one another so that the public who walk on the sidewalks are fronted by buildings they may have an opportunity to go in to, as opposed to a parking lot.  Mr. Peckham stated there are very important parks that become the heart and soul of a downtown area.  He said Columbia does not happen to have one.  Mr. Peckham explained that the Trail Head committee had been appointed over a year ago to create a trail head park, and in their meetings with the public, he said many people raised the question that if this is going to be the trail head park, why  it is not located at the end of the trail.  He said they worked hard with the City staff to find a way to try to make that happen.
    Ms. Coble noted that the question before the Council is negotiation for sale of property or retain the existing parking lot.  She said that is the choice before them.  Ms. Coble reported the City has no plan or money for a park.  She said it is not in the long-range park plan, nor in the capital improvement budget, and that it has never been discussed as a financial goal.
    Fran Pope, 2407 Lynwood, thought the topic of discussion this evening related to whether or not the City retains parking spaces.  She agreed that it is true there are no plans for a park at this point.  Although, she commented that if the land is sold and it no longer belongs to the City, there is no future to make it into a park.  Ms. Pope said even though there is not a distinct plan right now, there is certainly enough interest within  the community.  As far as funds being available for developing a park, Ms. Pope said those things always come with an idea -- like the green belt.  She said the issue is not about the Committee saying they do not want the Islamic community to expand their building and school, because that would be a very good thing to have happen.  However, she felt that was possible on the large tract of land the Center already owns.
    Omar Mode, 703 E. University Village, did not think there could be very much interest in a park if there has not been a plan in place for some time.  He did not think the tract in question is a good place for a park because of the location.  Mr. Mode felt if the Center was allowed to build there, less litter would be created and there would still be green space.
    Ahmad Habieb, a practicing cardiologist, said he has lived in Columbia since 1992, and one of the biggest reasons he stayed was due to multicultural appreciation and the acceptance of foreign immigrants like himself, and also because of the Islamic Center that provided the education for his two children.  He said the school provides Islamic teachings to his children, which is very important to preserve their heritage and culture.  Mr. Habieb acknowledged the Columbia Schools are great, but they lack that direction in perseverance of religion and heritage.   He said it is very important to have the school and church attached to give children the growth and education they need.
    John Clark, 403 N. Ninth, encouraged the Council to direct the staff to go into negotiations with the Islamic Center for the purchase of the land or, if necessary, for a long-term lease.  He said the cultural museum facility being proposed would fit in wonderfully with the plans the Council has already adopted for the whole west end of downtown.  He believed the tract in question is too small to be developed into a park.  Mr. Clark reported no matter how things might get switched around, a park would still be around a significant religious institution that has had major problems associated with alcohol consumption.  He did not think there should be so much park land around this religious facility because it would be a constant embarrassment to the City trying to enforce it.
    Aasim Inshirah, 407 Hickman, said he spoke to the Mayor after a League of Women Voters public forum relating to getting a grip on urban sprawl.  He said the Mayor had commented that one thing he would like to see remain in the center of town was cultural facilities.  Mr. Inshirah noted that is one of the goals of the Islamic Center.  He felt it is in the City's best interest to sell the Center a 50 by 300 foot strip of land, rather than have them go to some other part of the city to buy five or ten acres.
    Greg Ahrens, 1504 Sylvan Lane, supported the Islamic Center expansion.
    Linda Hawes, 3007 Yorktown, spoke about the Dudley Street Project in Boston.  She reported the plan in that case was to sell land to the community in order to promote urban renewal.  Ms. Hawes reported it has been very successful, and she would like to see the City do the same for the Islamic Center.
    Mark Farnen said that Mr. Ott mentioned a difference of opinion regarding the size of the foot print of the building and related how the mistake could have occurred.  He noted that through the course of meetings, the proposed building has been redrawn four times.  Mr. Farnen proceeded to explain where he thought the miscalculation occurred.  He said so many times both groups were talking about the size of the parcel of land, as opposed to the size of the building itself.  He said the drawing that was presented to the Trail Head Committee during discussions does two things the Center did not think they could do -- tear down a house and build on a storm sewer.
    Mr. Farnen referred to three other issues that had been brought up this evening.  One such issue was raised by Ms. Coble regarding development according to the plans the City already has.  He thought that had been addressed sufficiently in that there are no plans, nor is there a budget.  Mr. Ott reported there was one drawing presented by the MKT Trail Head Committee during discussions that did provide for some green space, but when asked if it would be a park or meeting space, the answer was that it would be a solid surface meeting space -- it would be open space, but not green.  Mr. Farnen felt the Center's would be a better option from an environmental standpoint -- to have a small, green riparian zone next to a creek rather than a slab of concrete.  Regarding the question by Mr. Coffman about net gain or loss, Mr. Farnen said the answer was that it would be a net gain, but there would be no net gain in space for the Islamic Center.  He said that was the only reason the Center came before the Council in the first place, because they felt they needed more space.  He said the idea of a swap to trade an exact amount of property does absolutely nothing to increase the Center's ability to build on the site.  As the drawings indicated, he said there is no way to do that in a realistic manner regardless of the configuration of the land.
    Mr. Ott conveyed everyone has said the expansion is a good idea, not a bad idea.  His point was that it comes down to something else, sometimes it is placement and other times it is philosophy.  He said the argument is about principle, and the principle is that the city should not sell land -- it should only buy it.  Mr. Ott asked what happens when principles collide, how would it square with the City's stated principle that more cultural tourism in downtown Columbia should be encouraged, or the principles that the City should take pro-active measures to encourage diversity, or that economic development is appropriate for the Flat Branch area, or that a green zone next to a creek is preferable to a cement slab.  Mr. Ott spoke about several other principles, including a legal principle.  He said the Council passed an ordinance which specifically allows the sale of public land to an adjacent property owner, and has never passed an ordinance which specifically bars it.  Mr. Ott reported when principles collide, you abandon the one that does not fit, and that is what the Center is asking the Council to do.
    Ray Warren, 208 Sexton Road, Chairperson of the Douglass Neighborhood Association, a member of the Douglass Coalition, and a Minister, supported the Islamic Center's expansion plans.
    There was a discussion about how much square footage would be devoted to museum/cultural type activities.  Mr. Ayoubi responded that cultural activities would encompass about 50% of the space (of the entire foot print of the building).  He displayed the different layouts and discussed the sensitive cultural and religious needs in the orientation of the building.
    Mayor Hindman agreed that under some circumstances, the City does sell public land, but it is either surplus land there is no use for, or there is going to be a public purpose that results from selling or leasing it.  To him, it means deciding which was the best public purpose -- selling it to a church or keeping it open as a piece of public property with its potential for park or whatever its eventual use will be.  Mayor Hindman is very concerned about the diversity, and also about the downtown area.  He thought it was great that the Islamic Center is downtown and he could not say enough positive things about the group.  The point was made about the area, to a large extent, having been ignored, and when the Islamic Center comes along it gains a great deal of attention.  He reported he could give a history of the MKT area which had been ignored for years.  He said that whole area, other than the Islamic Center and the Katy Station Restaurant, had been ignored until things began to happen.  Mayor Hindman explained they are seeing the same sort of progressive change in this area as occurred when the City acquired the old property on Fourth and Cherry Street (where the old market square was located).  He noted this had been a very ignored area, but now the plans have been made, private funds have been raised, and it is going to become the Trail Head Park.  He related the City hopes to acquire the Blind Boone Home as well.
    Mayor Hindman commented the tract in question tonight is the property that is to the east of Fourth Street.  He said that is the only location where the City owns property east of Fourth Street, which would be the only site where there would be an opportunity to expand the park.  He believed that to be part of the evolving success of the area.  Mayor Hindman said he did not ignore the good arguments put forward by members of the Islamic Center, but thought the proper outcome, where there is a significant public use,  was to use this tract for park purposes.
    Mr. Janku noted that not too long ago a developer wanted to acquire three of the 500 acres of Cosmo Park so he could straighten out the street and put a motel in.  He said the proposal was never even entertained at a Council meeting.  Mr. Janku felt the Council had done what they could as far as wrestling with this issue.  He was impressed with the design features of the proposed building, and hoped it could be built there.  He said the problem as he saw it was that a building of that size coming that far toward the trail would dominate the area.  He did not see having open space activities within five or ten feet of a large building.  Mr. Janku commented people expect to have open space in the open.  He said another thing to take into account was the impact the construction would have on the area.  Regardless of what is built there, he felt the City would have to give easements at some point.  Mr. Janku acknowledged although it is true the City has never developed an effective plan for this area, back in 1991 they were looking at the Flat Branch area and trying to figure out how they could get the Farmer's Market downtown.  He said a memo from back then specifically talks about Fourth Street south of Cherry, and about the spaces on that particular lot as a potential for a downtown Farmer's market.  Again, he said it was not a lot of green space, but it was public space.  Mr. Janku explained that idea has been circulating in the community for a long time.  He has tried to figure out what the City could do to support the project, and he still felt there were things the Center could eventually do.  Mr. Janku reported there is a great deal of parking available in the downtown area, and there are other examples with existing policies and other things the City can look at if parking is a concern.  He said that would be consistent with other institutions they have dealt with downtown.
    Mr. Campbell said he had been hoping for a miracle of some kind that would make the land available to satisfy all needs.  He noted that he has the highest regard for the Islamic Center and for the work they are doing.  He said they are a vital part of the City of Columbia, and he would like to see them have the facilities they need for their congregation.  Mr. Campbell related when the Trail Head Committee had first come to him and asked about turning the tract into a park, he had asked them where they had been because no planning had been done.  At the same time, he told the Committee he would give their ideas a fair hearing and consideration because that also represents another important part of our community, one that is vital and growing.  Mr. Campbell thought the issue came down to parking.  He said there is space on the existing land for the Center to build, maybe not ideally, but there is space.  He thought it was a question of who was going to be giving up parking -- the City or the Center.  Mr. Campbell felt the City should maintain its flexibility by allowing higher density on the Islamic Center while keeping our options open.  Mr. Campbell said if there was not a new parking garage within a block of the area, and the proposed University lot on the other side of it, he might take a different position, but as of right now he felt the City should not sell the land.
    Mr. Coffman said this was the most difficult decision he has been faced with since being on the Council.  He said the Islamic Center's plan is beautiful, and that he would like to see the City do something to help the pioneers in the Trail Head area to realize their dream.  He also understands the advocates of the Trail Head Park Committee.  Mr. Coffman said it is a difficult decision to compromise your dreams, and yet that was what both groups were asked to do.  He thought perhaps the situation could have been handled better by appointing a mediator.  He said a majority of the City would have to be comfortable with the idea, and it needs to be a pretty overwhelmingly obvious thing to most residents of the City.  Mr. Coffman relayed that is unfortunately not the case with this current proposal.  He has received a great deal of public comment, and the majority has been in support of a public park in this location.  He noted the Council is not really faced with that decision, but in this vote they are faced with the educational center or just the status quo -- parking.  Between the three ideas, he thought parking was not the best use.  He agreed with Mr. Campbell in that it has a lot to do with parking.  Mr. Coffman believed it begins with parking and ends with it.  He hoped when all is said and done, the City does not end up with a parking lot.
    Mrs. Crockett commented that property downtown is precious, and she has said from the beginning she was against selling this particular tract.  Mrs. Crockett has now listened to both sides, and she believed it still comes back to the fact that she did not think City land should be sold downtown.  She hoped the Islamic Center would go ahead with their building.
    Mr. Kruse said he had gone back and forth on the issue several times.   He said the issue for him, and always has been, whether or not the center could expand adequately on the land they currently have.  He was convinced tonight that the Center cannot do that.  Mr. Kruse noted they have all been hoping for a compromise, and it occurred to him that they have one -- the City will end up with an opportunity for a trail side park that is wider than the Council Chamber, and it would be developed and landscaped at the expense of the Islamic Center.  In addition, the Center will be allowed to use a design they feel very strongly about.  Mr. Kruse reported that seemed to be a compromise to him, and that was something the Council always strives for.  He planned to vote in favor of the sale.
    Ms. Coble said she would support the request to sell the property.  She reported it has been a privilege and an honor to work with the Islamic Center representatives.  She explained this had not been a hard decision, but in effect the easiest decision for her.  Ms. Coble has been very proud to represent those of the Islamic Center and has been reminded of their value and worth to our community, and certainly to the enrichment of the First Ward.  She knew of very few groups that would persevere as diligently, faithfully, and as prayerfully as those she has had the privilege of working with.  She said whatever the issue, they addressed it.  When the issue was the environmental impact, Ms. Coble said she was reminded it was a member of the Islamic Center who assisted the City in obtaining access to the DNR Super Fund that led to the clean-up of the Trail Head Park.  She said there was a willingness to turn what is now paved into a green space and deal with the environmental risk.  She said everything they have been asked to do they have done at great expense.  Ms. Coble believed that when the comments of her colleagues were made, that the majority of the City has to be comfortable with the purchase, she also thought they should look at the level of confusion the Council has allowed to occur throughout the process.  Ms. Coble thought a majority of the public is still of a mind that the choice was the Islamic Center or the Trail Head Park.  She felt that their process supported that impression.  For that, she said she was sorry.  Regarding the argument against selling City land, Ms. Coble said there were those that hold the belief that it should not be sold, but will vote to sell the Walton Building when it comes up during the next year.  She believed the Council set a precedent when they took very valuable, downtown public land and decided to change a design for a parking garage so they could accommodate a not-for-profit organization (the Health Adventure Center), that has no staff, no budget, and no formal plans in place.  Ms. Coble relayed that many had said it fits in really well with the City's design for downtown cultural tourism, and we must go that way.  She noted they have nothing to show for it.  Ms. Coble could not find a rational basis for turning down this proposal.  In addition, she has benefited from dealing with the Islamic community in ways she had no idea about.  Ms. Coble said it would be her privilege to vote yes on the measure.
    The vote on R34-99 was recorded as follows:  VOTING YES:  COBLE, KRUSE, COFFMAN.  VOTING NO:  HINDMAN, JANKU, CROCKETT, CAMPBELL.  Resolution defeated.

B51-99     Accepting a conveyance for greenspace conservation purposes.
    The bill was read by the Clerk.
    As a part of the agreement with Habitat for Humanity, Mr. Beck explained that the City has allocated $40,000 toward this development, and had requested that they provide a conservation easement as a condition of the agreement.
    B51-99 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:

Introduced by                 Hindman
First Reading           03/01/99              Second Reading        03/15/99     
Ordinance No.            15915                Council Bill No.           B 51-99      
 AN ORDINANCE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The City of Columbia accepts the following conveyance:

    Grant of Greenspace Conservation Easement from Show-Me Central Habitat for Humanity, dated February 16, 1999, a copy of which, marked "Exhibit A" is attached to this ordinance.

    SECTION 2.  The City Clerk is authorized and directed to have the conveyance recorded in the office of the Boone County Recorder of Deeds.

    SECTION 3.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 15th day of March, 1999.

ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer
 
B56-99     Voluntary annexation of property located at 2720 and 2750 Mill Creek Terrace.
    The bill was given second reading by the Clerk.
    Mr. Beck said these two properties  requested sewer connection as part of the voluntary annexation process.
    B56-99 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:
 

Introduced by                  Hindman                
First Reading           03/01/99              Second Reading        03/15/99
Ordinance No.           15920                Council Bill No.            B 56-99     
 AN ORDINANCE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The City Council hereby finds that a verified petition was filed with the City on January 12, 1999, requesting the annexation of land which is contiguous and compact to the existing corporate limits of the City and which is described in Section 4 of this ordinance.  This petition was signed by Bob R. and Bonnie F. Stewart, the sole owners of the fee interest of record in the land proposed to be annexed.  A public hearing was held concerning this matter on March 1, 1999.  Notice of this hearing was published more than seven days prior to the hearing in two newspapers of general circulation qualified to publish legal matters.  At the public hearing all interested persons, corporations and political subdivisions were permitted to present evidence regarding the proposed annexation.

    SECTION 2.  The Council determines that the annexation is reasonable and necessary to the proper development of the City and that the City has the ability to furnish normal municipal services to the area to be annexed within a reasonable time.

    SECTION 3.  The Council determines that no written objection to the proposed annexation has been filed within fourteen days after the public hearing.

    SECTION 4.  The City Council hereby extends the city limits by annexing the land described in Section 1-11.61 of the Code of Ordinances of the City of Columbia, Missouri, which is hereby added to Chapter 1 of the City Code and which reads as follows:

    Section 1-11.61.  March, 1999 Extension of Corporate Limits.

    The corporate limits of the City of Columbia shall include the following land:

    Lots 6 and 7 of Mill Creek Terrace, Plat No. 3 as recorded in Plat Book 32 at Page 61 of the Boone County records.

    SECTION 5.  The City Clerk is hereby authorized and directed to cause three certified copies of this ordinance to be filed with the Clerk of Boone County, Missouri.

    SECTION 6.  The property described in Section 4 is in the Fifth Ward.

    SECTION 7.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 15th day of March, 1999.

ATTEST:

 /s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                             Mayor and Presiding Officer
 
B57-99     Confirming the contract for the Mill Creek/Rockbridge drainage project.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that five bids had been received on this project, with the low bid coming from N. J. Wilson Contracting, Inc. from Mexico, Missouri, in the amount of $698,563.40.  The staff recommends acceptance of the bid.
    B57-99 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:

 Introduced by                Hindman
First Reading          03/01/99               Second Reading       03/15/99
Ordinance No.           15921                Council Bill No.           B 57-99      
 AN ORDINANCE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The bid of N-J Wilson Contracting, Inc. in the amount of $ 698,563.40 for the construction of reinforced concrete boxes, pipes, inlets, catch basins, improved channels, grading and other miscellaneous work, all in accordance with City of Columbia Street and Storm Sewer Specifications and Standards, for storm drainage construction and improvements in the City of Columbia, Boone County, Missouri, all in accordance with the plans and specifications therefor, the laws of the State of Missouri, and the Charter and Ordinances of the City, is the bid of the lowest responsible bidder and is hereby accepted.

    SECTION 2.  The contract wherein the City Manager accepts the bid of and lets the contract for the improvement to the contractor is hereby confirmed.

    SECTION 3.  The City Manager is authorized and directed to obtain, execute and have recorded all contracts, licenses, easements, deeds and all other grants or conveyances necessary for construction of the improvement.

    SECTION 4.  Payment for this improvement shall be made from Storm Water Utility Funds and from such other funds as may be lawfully appropriated.

    SECTION 5.   The contractor shall give an approved surety bond to the City in an amount not less than the contract price, or a bond with two or more good and sufficient securities to be approved by the City Manager, conditioned that the contractor will faithfully and completely comply with all the terms and conditions of the contract, and that he will pay for all labor employed and materials used in the work provided for in the contract, and will hold the City harmless on account of any damage which may accrue to any person by reason of the negligence of the contractor in constructing the work and against liens growing out of the labor performed or materials furnished.

    SECTION 6.  The City shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages as determined by the Department of Labor and Industrial Relations of Missouri shall be paid to all workers performing work under the contract.  The contractor's bond shall include such provisions as will guarantee the faithful performance of the prevailing hourly wage clause, as provided by the contract.

    SECTION 7.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 15th day of March, 1999.

ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer
 
B58-99     Approving Change Order No. 2 to the contract with Paric Corporation for the construction
                  of the 6th and Cherry parking garage.
    The bill was given second reading by the Clerk.
    Mr. Beck said a detailed report had been sent to the Council regarding this change order.  The total amount is $40,001.29.  He noted that 25 issues had been addressed by the staff and the architect relating to the change order.
    B58-99 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:

 Introduced by                 Hindman              
First Reading          03/01/99               Second Reading       03/15/99
Ordinance No.           15922                Council Bill No.           B 58-99    
 AN ORDINANCE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The City Manager is hereby authorized and directed to
execute Change Order No. 2 to the contract with Paric Corporation for the construction of the Sixth & Cherry Streets parking garage.

    SECTION 2.  The nature and amount of the change is set forth in "Exhibit A" attached hereto and made a part hereof as fully as if set forth herein verbatim.

    SECTION 3.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 15th day of March, 1999.

ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer
 
B59-99     Calling for bids for the Oakland Gravel Road street improvement project.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that the hearing had been held on this project in February.  He said the street will be brought up to collector street standards with curbs and gutters.  The estimated cost of the project is $611,000, and it would be paid from the quarter per cent sales tax designated for roads.
    B59-99 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:
 

 Introduced by                Hindman
First Reading           03/01/99              Second Reading       03/15/99    
Ordinance No.           15923                Council Bill No.           B 59-99
 AN ORDINANCE

    WHEREAS, the City Council adopted a resolution declaring the necessity of street construction on Oakland Gravel Road from the end of improved pavement north of Smiley Lane, 1600 feet north; and

    WHEREAS, the resolution was published in a daily newspaper of general circulation in the city; and

    WHEREAS, the City Council has held a public hearing on construction of the improvement.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The Council finds that the construction of asphaltic concrete pavement with portland cement concrete curbs and gutters or, in the alternative, portland cement concrete pavement with integral curbs each thirty-eight (38) feet wide, together with sidewalks, drive approaches, bridge work, storm drainage inlets and pipes and miscellaneous work, all in accordance with the City of Columbia Street and Storm Sewer Specifications and Standards, on Oakland Gravel Road from the end of improved pavement north of Smiley Lane, 1600 feet north, is necessary for the welfare and improvement of the City and that it is in the public interest that such improvement be made.

    SECTION 2.  The plans and specifications for this improvement, as prepared by the Director of Public Works and filed in the office of the City Clerk, are hereby approved and made a part of this ordinance.

    SECTION 3.  The construction of the improvement shall be done by contract in accordance with the plans and specifications, the laws of the State of Missouri, and the Charter and Ordinances of the City of Columbia, Missouri.

    SECTION 4.  The City Clerk is authorized and directed to advertise for bids for the construction of the improvement. The advertisement shall be published for seven (7) consecutive insertions in a daily newspaper of general circulation in the City of Columbia and shall state that the bids must be filed by 11:15 a.m. on April 6, 1999. The first publication of the advertisement shall be no later than March 26, 1999. The advertisement shall refer to the plans and specifications filed in the City Clerk's office and shall advise bidders of the method of payment for the improvement. The advertisement shall state that the Council reserves the right to reject any and all bids and that, in order to be considered, a bid must be accompanied by a certified check or bid bond with corporate surety for five percent (5%) of the amount of the bid, payable to the City of Columbia. All bids shall be opened by the City Clerk in the chambers where the City Council holds its regular meetings at 11:15 a.m. on April 6, 1999.

    SECTION 5. Payment for this improvement shall be made by special tax bills evidencing special assessments against the property specially benefited by and abutting the improvement in the manner specified by the laws of the State of Missouri and the Charter and Ordinances of the City of Columbia, in an amount not to exceed $12.00 per abutting front foot; and the balance from Capital Improvement Sales Tax Funds, and such other funds as may be lawfully appropriated. The tax bills shall bear interest at a rate of nine percent (9%) from and after the date which is sixty days after their date of issue until paid in full and shall be a lien against the lot, parcel or tract of land benefited from the improvement and described in the tax bill for a period of ten years from the date of issue unless sooner paid.

    SECTION 6. The City Manager is authorized to obtain, execute and have recorded all licenses, easements, deeds and any other conveyances or instruments necessary for the City to complete this improvement.

    SECTION 7. The contract for the improvement shall provide that not less than the prevailing hourly rate of wages, as found by the Department of Labor and Industrial Relations of Missouri, shall be paid to all workmen performing work under the contract. The contractor's bond shall guarantee the faithful performance of the prevailing hourly wage clause in the contract.

    SECTION 8.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 15th day of March, 1999.

ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer
 
B64-99     Amending Chapter 11, Article IX of the Code relating to smoking in public places.
    The bill was given second reading by the Clerk.
    Mr. Beck said this recommendation was made once before by the Boone County Board of Health.  On the first occasion, the Council felt the language needed to be reviewed because of possible confusion relating to people walking in front of buildings who might be smoking.  The bill has been redrafted and the Board is now asking for implementation.
    Michael Szewczyk, Chair of the Board of Health, pointed out that this amendment is not a restriction on smoking at people's houses.  He said it is not a restriction in all buildings, but a restriction just outside the doors of buildings which limit smoking.  He said if there is already a limit on the smoking inside the building, it just allows access to those buildings.  Dr. Szewczyk reported the purpose of the amendment is to allow people to go into a smoke free building without having to run through the smoker's gauntlet.
    Mr. Campbell asked if restaurants would fall under this category.  Dr. Szewczyk replied they would only if they have a non-smoking area.  Mr. Campbell asked about bowling alleys.  Dr. Szewczyk said it would apply, but since people can smoke inside, he was not sure why they would be hanging outside the doorway.  He said that people going to a non-smoking area could access it.  For restaurants, he noted the ordinance currently stipulates that if a restaurant has a non-smoking area, they have to try to make it accessible so that the non-smokers can get to this section without going through the smoking area.  Dr. Szewczyk commented the way this has been handled in most restaurants is that 75% of the area is designated for non-smoking patrons, and 25% for smoking.  He said it is only a small area and it certainly is not the majority.
    Mrs. Crockett asked about individual offices.  Dr. Szewczyk thought the way the ordinance reads now is that an individual office has to have a non-smoking area, or is entirely non-smoking unless the workers are all smokers.  She asked if smokers would be restricted outside of the building.  He thought they would be, if there is limitation on the smoking.   He said if the building is a smoking building, then there would not be a restriction.
    Linda Cooperstock, a Board of Health member, offered to answer any questions.  She reported she is most interested in people who are super-sensitive to smoke and children.  She said they should not have to go through a smoking cloud in order to get in to businesses their parents have to go to on a regular basis.
    Mr. Kruse asked if the Board had discussed restaurants having a very narrow street frontage that allows a non-smoking section, but also has outside seating.  He said one would not be able to sit outside that restaurant and be further away than 20 feet from the door.  He said that would virtually eliminate smoking outside of restaurants or coffee houses.  He gave Lakota as an example of one that does not have smoking, but their patrons do smoke outside.  Mr. Kruse observed with this amendment, smoking could not occur.  Ms. Cooperstock said smokers would not be able to hover near the front door.  Ms. Coble asked about CC Broiler with their dining area that is outside, which is the established smoking area for the restaurant.  Ms. Cooperstock said that would not be the front door.  She said they have an entryway, and she felt that would be the area in question.  Ms. Coble said there is a formal side entrance, and with this language, restaurants would be prohibited from affording that to their customers.  Ms. Cooperstock said she would have to ask the attorney for legal interpretation, but she thought it was part of the restaurant seating area that has been designated as a smoking area.  Ms. Coble explained that it is less than 20 feet from an entrance.  Mr. Boeckmann said it is still an entrance to the structure.  Ms. Cooperstock said the intent of this ordinance is directed toward the businesses and the public buildings downtown, and when it comes to these kinds of situations, common sense has to be used.  She said they are trying to target the clustering of employees.
    Ms. Cooperstock said she had been asked earlier today about enforcement.  She said it would be handled the same way as the rest of the ordinance, not a policeman issuing tickets, but more citizen empowerment and complaint driven.  She said complaints can be directed to the Health Department.
    Ms. Coble asked what specific structures and existing public places the clustering is occurring that may have motivated a complaint.  Ms. Cooperstock said she had not taken a survey, but there are work places that have complained.  She said the complaint had come to her from the Quarterdeck building, before it was taken over by the University, was one such place (where DataStorm employees worked).  Ms. Coble said she was wondering if the Board had a formal presentation of a complaint at a public hearing.  Ms. Cooperstock said they had not, it was more the general comment from people coming to them requesting that a standard be developed that is being seen in other cities.  She said they had not had a stream of people coming in to complain.
    Mr. Janku asked what cities have adopted similar ordinances.  Ms. Cooperstock said a number of cities in California, and other progressive states such as Minnesota, have such an ordinance.  Mr. Janku asked if these communities had addressed some of the issues relating to smoking outside of structures.  Ms. Cooperstock said she did not know.
    Dr. Szewczyk explained that public hearings had been held when the smoking issue initially came up.  He said typed testimony is available through the City's Health Department.  He said this was one of the issues that had been discussed at that time and why it was included with the original one.  In terms of other cities, Dr. Szewczyk pointed out that this is a very common ordinance, and that the Board reviewed different ordinances from many other municipalities.  He thought that was done back in the mid-nineties.
    Ms. Coble said the greatest number of calls and general consternation she ever received from those in the downtown area was when it was discovered by a City employee that it was illegal to have chairs and tables on the sidewalks downtown, which is so much a part of the ambience that people appreciate.  She asked Dr. Szewczyk if he would be amenable to some type of amendment that made a distinction between a place that is serving food and beverages adjacent to their entrance, as opposed to the distinction of people clustering around a public building or place of employment.  Dr. Szewczyk asked if she meant excluding restaurants that have an outdoor cafe or outdoor seating area.  She replied yes.  Dr. Szewczyk said he did not see where that would be a problem because the cafe can always make the decision on their own whether or not they want to make it smoke free or not.  He said the purpose of the ordinance is to keep smokers away from the entrance of a building, so very easily the language could exclude outdoor seating.
    Mr. Kruse asked if a restaurant could prohibit smoking on the public sidewalk.  Dr. Szewczyk said they could, it is part of their seating and if they wanted to, they could make it non smoking.  He said it would not inhibit a restaurant from making the whole restaurant smoke free.  He said there are lots of smoke free restaurants in Columbia.
    Mr. Boeckmann said he was not sure the answer to that question was yes.  He thought the ordinance probably referred to "on the premises".
    Mr. Coffman made the motion that B64-99 be amended by adding language to the end of the proposed language reading " or to any person seated in an outdoor dining area".
    Mr. Coffman reported that would then give the restaurant the option.  Ms. Coble wondered if beverages was the same as dining.
    The motion was seconded by Mr. Janku.
    Ms. Coble saw implementation problems with the ordinance.  She said all one would have to do in the downtown environment , or in any environment where there are multiple entrances, would be to pace or to keep moving.  She did not believe in passing an ordinance that cannot be enforced, or would have obvious implementation problems.  Ms. Coble acknowledged one of the things she is most offended by is the amount of litter some discourteous smokers generate.  She said now a significant number of ash trays would have to be placed within 20 feet of building entrances because otherwise there will be clumps of cigarette butts on the ground.
    The motion to amend B64-99, made by Mr. Coffman, seconded by Mr. Janku, was approved unanimously by voice vote.
    B64-99, as amended, was given third reading with the vote recorded as follows: VOTING YES: HINDMAN, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO: COBLE.  Bill declared enacted, reading as follows:

 Introduced by                   Hindman                
First Reading           03/01/99              Second Reading         03/15/99
Ordinance No.            15928                Council Bill No.           B 64-99A     
 AN ORDINANCE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  Chapter 11 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:

    Material to be deleted in strikeout; material to be added underlined.

    ARTICLE IX. SMOKING IN PUBLIC PLACES

    Sec. 11-290. Restrictions.

    Except as provided in this article, the possession of lighted smoking materials in any form including, but not limited to, the possession of lighted cigarettes, cigars, pipes, or other tobacco products, is unlawful in any of the following places used by or open to the public or serving as a place of work:

    (1) Any commercial establishment including, but not limited to, retail stores, banks, office buildings, offices, and restaurants;

. . .

    (12) Within twenty (20) feet of an entrance to any structure in which smoking is prohibited or limited by this article.  This subsection shall not apply to any person in a motor vehicle or to any person merely passing by an entrance to a structure or to any person seated in an outdoor dining area.

    SECTION 2.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 15th day of March, 1999.

ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer
 
B65-99     Amending Chapter 16 of the Code by repealing Section 162 pertaining to distributing
                  handbills.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that this would make the City compliant with a recent federal ruling.
    Mr. Coffman said he was happy to see this amendment because he said he had long thought the ordinance violated the First Amendment.
    B65-99 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:

Introduced by                Hindman             
First Reading           03/01/99              Second Reading        03/15/99    
Ordinance No.            15929                Council Bill No.           B 65-99     
 AN ORDINANCE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  Chapter 16-162 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:

    Material to be deleted in strikeout.

    Sec. 16-162. Handbills.

    It shall be unlawful for any person to distribute or place, or cause to be distributed or placed, on any street or sidewalk of the city any loose bills or circulars of an advertising nature. It shall further be unlawful for any person to distribute or place, or cause to be distributed or placed, on or in any private property or in automobiles or other vehicles, any loose bills or circulars of an advertising nature without having secured the prior consent of the owner thereof.

    SECTION 2.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 15th day of March, 1999.

ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer
 
B66-99     Amending the Pay Plan to establish the positions of Information Services Supervisor I and
                  Information Services Supervisor II.
    The bill was given second reading by the Clerk.
    Mr. Beck explained that this ordinance would formally establish the position of Supervisor of Joint Communications and Emergency Preparedness, as well as reorganizing some positions in the Information Services department.
    B66-99 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:

 Introduced by                  Hindman
First Reading           03/01/99              Second Reading        03/15/99
Ordinance No.            15930                Council Bill No.           B 66-99    
 AN ORDINANCE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1. The Pay Plan for Fiscal Year 1999 adopted by Ordinance 15753 is amended by adding the position of Information Services Supervisor I to pay grade 22, overtime exempt.

    SECTION 2. The Pay Plan for Fiscal Year 1999 adopted by Ordinance 15753 is amended by adding the position of Information Services Supervisor II to pay grade 23, overtime exempt.

    SECTION 3.  The Information Services Fund authorized personnel provisions of the FY 1999 budget are amended by adding two (2) Information Services Supervisor II positions and one Information Services Supervisor I position and deleting three (3) Senior Programmer Analyst positions.

    SECTION 4.  The Pay Plan for FY 1999 adopted by Ordinance 15753 is amended by deleting the position of JCIC Administrator from pay grade 22, overtime exempt and adding the position of Emergency Communications and Management Administrator to pay grade 22, overtime exempt.

    SECTION 5.  The Joint Communications authorized personnel provisions of the FY 1999 budget are amended by deleting the position of JCIC Administrator and adding the position of Emergency Communications and Management Administrator.

    SECTION 6.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 15th day of March, 1999.

ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer
 
B67-99     Appropriating funds donated by the Cosmo Club for the purchase of an American flag.
    The bill was given second reading by the Clerk.
    Mr. Beck noted that the Fire Department was in need of a new large American flag.  He said the Cosmopolitan Luncheon Club very generously donated $1,200 for the purchase of such.  Mr. Beck reported the Club has always been very supportive of City programs.
    B67-99 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:

 Introduced by                Hindman
First Reading           03/01/99              Second Reading         03/15/99     
Ordinance No.            15931                Council Bill No.            B 67-99
 AN ORDINANCE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The sum of $ 1,200.00 is hereby appropriated from funds donated by the Cosmopolitan International Luncheon Club and placed in the Fire Department Contribution Account No. 753-8500-480.53-23 to the Public Education Miscellaneous Account No. 110-2342-513.13-95 for the purchase of an American flag.

    SECTION 2.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 15th day of March, 1999.

ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer
 

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

B48-99     Approving engineer's report for Capri Estates, Block 7 water main project; authorizing
                  payment of differential costs.
B49-99     Accepting a conveyance; approving engineer's report for Smithton Ridge, Plat 1 water
                  main project; authorizing payment of differential costs.
B50-99     Accepting conveyances for utility purposes.
B54-99     Approving the final plat of Renaissance Meadows, Plat 2; authorizing a performance
                  contract.
B55-99     Vacating utility easements within Cambridge Place Subdivision, Block 1; accepting a
                  conveyance for utility purposes.
B63-99     Authorizing the acquisition of land for the Scott Boulevard hazard elimination project.
R45-99     Setting a public hearing: special assessments for extensive street maintenance work.
R46-99     Setting a public hearing: construction of southward extension of air carrier apron; lead-out
                  to Taxiway A and modification to Gate #9 at Columbia Regional Airport.
R47-99     Setting a public hearing: renovations to the Armory Building.
R48-99     Setting a public hearing: water main relocation along Route B from Business Loop 70 to
                  Highway 63.
R49-99     Authorizing an agreement with Bucher, Willis & Ratliff for engineering services in
                  connection with FY99 improvements at Columbia Regional Airport.
R50-99     Authorizing an amendment to the agreement with the Division of Family Services for the
                  1998 Emergency Shelter Grant Program.

    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:

 Introduced by                  Hindman
First Reading           03/01/99              Second Reading        03/15/99
Ordinance No.            15912                Council Bill No.           B 48-99
 AN ORDINANCE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The Director of Finance is authorized to pay Steve Herigon Construction $ 424.42 for installing an 8-inch water main serving Capri Estates, Block 7.  This amount is the differential cost of installing an 8-inch over a 6-inch main.

    SECTION 2.  The report of the Director of the Water and Light Department, who was charged with the responsibility of personally inspecting the work as it progressed to see that the work was done in accordance with the estimate, plans, specifications and contract, the ordinance governing the same and the Charter of the City, is hereby approved and accepted.

    SECTION 3.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 15th day of March, 1999.

ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer
 

 Introduced by                 Hindman
First Reading           03/01/99              Second Reading        03/15/99
Ordinance No.            15913                Council Bill No.           B 49-99
 AN ORDINANCE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The City of Columbia accepts the following conveyance:

    Deed of Dedication for water utility purposes from T.I.A.F., L.L.C.,  dated February 11, 1999, a copy of which, marked "Exhibit A" is attached to this ordinance.

    SECTION 2.  The City Clerk is authorized and directed to have the conveyance recorded in the office of the Boone County Recorder of Deeds.

    SECTION 3.  The Director of Finance is authorized to pay T.I.A.F., L.L.C. $ 35,759.68 for installing a 12-inch water main serving Smithton Ridge, Plat 1.  This amount is the differential cost of installing a 12-inch over a 6-inch main.

    SECTION 4.  The report of the Director of the Water and Light Department, who was charged with the responsibility of personally inspecting the work as it progressed to see that the work was done in accordance with the estimate, plans, specifications and contract, the ordinance governing the same and the Charter of the City, is hereby approved and accepted.

    SECTION 5.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 15thday of March, 1999.

ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer
 
 

Introduced by                Hindman
First Reading           03/01/99              Second Reading         03/15/99     
Ordinance No.            15914                Council Bill No.           B 50-99
 AN ORDINANCE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The City of Columbia accepts the following conveyances:

    Deed of Dedication for water utility purposes from Daniel J. and Colleen S. Kliethermes, dated January 21, 1999, a copy of which, marked "Exhibit A" is attached to this ordinance.

    Deed of Dedication for water utility purposes from Harold E. Johnson Companies, Inc., dated February 8, 1999, a copy of which, marked "Exhibit B" is attached to this ordinance.
 
    Deed of Dedication for water utility purposes from Boone County National Bank, Trustee of the Andrew J. Bass Irrevocable Trust; Thomas S. Bass, a single person; First National Bank and Trust Company and Matt Spencer, co-trustee of the George A. Spencer Revocable Trust for the benefit of Matt Spencer; and First National Bank and Trust Company and Sean Spencer, co-trustee of the George A. Spencer Revocable Trust for the benefit of Sean Spencer, dated February 1, 1999, a copy of which, marked "Exhibit C" is attached to this ordinance.

    Grant of Easement for electric purposes from Stadium L.L.C., dated February 19, 1999, a copy of which, marked "Exhibit D" is attached to this ordinance.

    SECTION 2.  The City Clerk is authorized and directed to have the conveyances recorded in the office of the Boone County Recorder of Deeds.

    SECTION 3.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 15th day of March, 1999.

ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer

 

 Introduced by                 Hindman
First Reading           03/01/99              Second Reading         03/15/99
Ordinance No.            15918                Council Bill No.            B 54-99
 AN ORDINANCE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The City Council hereby approves the Final Plat of Renaissance Meadows, Plat 2, dated November 10, 1997, located west of McKee Street, across from Ria Street, containing approximately 3.36 acres in the City of Columbia, Boone County, Missouri, and hereby authorizes and directs the Mayor and City Clerk to sign the plat evidencing such approval.

    SECTION 2.  The City Council hereby accepts the dedication of all rights-of-way and easements as dedicated upon the plat.

    SECTION 3.  The City Manager is hereby authorized to execute a performance contract with Harold R. Nowlin in connection with the approval of the Final Plat of Renaissance Meadows, Plat 2.  The form and content of the contract shall be substantially as set forth in "Exhibit A" attached hereto and made a part hereof as fully as if set forth herein verbatim.

    SECTION 4.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 15th day of March, 1999.

ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer
 

Introduced by                Hindman
First Reading           03/01/99              Second Reading        03/15/99
Ordinance No.           15919                 Council Bill No.            B 55-99       
 AN ORDINANCE

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The City Council finds and determines that a certain utility easement, more particularly described as follows:

    The 16 foot wide utility easement across Lots 1, 9, 8, 7, 6, 5, 4, and 3 Cambridge PlaceSubdivision -Block 1, the centerline of which is further described as follows:

    Beginning at a point on the easterly line of Lot 1 Cambridge Place Subdivision -Block 1 being N1°28'20"W 81.75 feet from the southeast corner thereof; thence leaving said line, N57°33'20"W 78.97 feet to a point on the westerly line of Lot 9 Cambridge Place Subdivision -Block 1, being S1°12'00"W 27 feet from the northwest corner thereof, thence along the westerly line of Lots 9, 8, 7, 6, 5, 4, and 3 Cambridge Place Subdivision -Block 1, N1°12'00"E 277.75 feet to the northwest corner of said Lot 3, the end of the centerline.

is in excess and surplus to the needs of the City and is hereby vacated.

    SECTION 2.  The City Council finds and determines that certain utility and water line easements, more particularly described as follows:

    The 16 foot wide utility easement across Lots 11, 10, and part of Lot 2 Cambridge Place Subdivision -Block 1, the centerline of which is further described as follows:

    Beginning at the southwest corner of Lot 11 Cambridge Place Subdivision -Block 1 thence N1°11'40"E, along the westerly line of Lot 11 and 10, 54.09 feet; thence, leaving said line, N8°18'40"E 53.00 feet; thence N55°48'20"E 49.00 feet to the end of the centerline.

    The 20 foot wide water line easement across Lot 1 Cambridge Place Subdivision Block 1.

    The 20 foot wide water line easement across Lot 2 Cambridge Place Subdivision Block 1.

are in excess and surplus to the needs of the City and are hereby vacated.

    SECTION 3.  The City Clerk is hereby authorized and directed to cause a copy of this ordinance to be recorded in the office of the Recorder of Deeds of Boone County, Missouri.

    SECTION 4.  The conveyance to the City of Columbia, Missouri, a municipal corporation, more particularly described as follows:

    Grant of Easement from Somerset Properties, L.L.C., dated February 9, 1999, more particularly described in Exhibit "A" attached hereto and made a part hereof as fully as if set forth herein verbatim.

is hereby accepted.

    SECTION 5.  The City Clerk is hereby authorized and directed to have the conveyances recorded in the office of the Boone County Recorder of Deeds.

    SECTION 6.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 15th day of March, 1999

ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer
 

Introduced by                 Hindman                
First Reading           03/01/99              Second Reading        03/15/99
Ordinance No.            15927                Council Bill No.           B 63-99
 AN ORDINANCE

    WHEREAS, the Constitution and Statutes of the State of Missouri and the Home Rule Charter for the City of Columbia, Missouri, authorize the City Council to exercise the power of eminent domain, within or without the City, and among other things, to acquire, and maintain any property, real or personal within or without the City for all public uses or purposes, and to acquire, receive and hold any estate or interest in any such property; and

    WHEREAS, the Council deems it necessary for the welfare and improvement of the City and in the public interest that certain private property be acquired by negotiation or by condemnation for public improvement.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION l.  The City Council hereby declares the need to acquire land for permanent street easements, permanent drainage easements and temporary construction easements (which shall include the right to permanently alter the grade) to construct the Scott Boulevard Hazard Elimination  project from the MKT Nature/Fitness Trail northward to Brookview Court.  The land to be acquired is in the west half of Section 28 and the east half of Section 29, both in Township 48 North, Range 13 West, partly in the City of Columbia and partly in the unincorporated Boone County, Missouri, more particularly described as follows:

Parcel 1
Owner: Next Door Neighbors, L.L. C., A Missouri Limited Liability Company
             4112 Citation Drive
             Columbia, MO 65202

Deed: Warranty Deed in book 1350 page 745
Permanent Street Easement     (Project number 32-02-97)
    A tract of land located in Lot 20 Bellview Acres Block No. 1, Replat # 1 recorded in plat book 10 page 176 of the Boone County records, further described as follows:

    Beginning at the southeast corner of Lot 20  Bellview Acres Block No. 1, Replat # 1, thence N 86 29'50"W, along the southerly line thereof, 24.41 feet; thence leaving said line, N 1 11'30"W   23.89 feet; thence along a 7 15'09" curve to the right, 49.56 feet, the chord being N 0 36'20"E   49.55 feet; thence N 2 24'10"E   45.57 feet to the northerly line thereof; thence along the lines of said Lot 1,   S 85 10'40"E   22.23 feet; thence S 0 08'00"E   118.59 feet to the beginning and containing 2,865 square feet or 0.07 acre.

Parcel 2
Owner:  Indo-American Company c/o Sarvjit S. Chowdhary
              4250 Forum Boulevard
              Columbia, MO 65203

Deed: Quit Claim Deed in book 705 page 577
Permanent Street Easement           (Project number 32-02-97)
    A tract of land located in the southwest 1/4 of Section 28 T48N  R13W in Boone County, Missouri, being part of the tract described by a survey recorded in book 474 page 521, further described as follows:

    Beginning at the northwest corner of the tract of land described by a survey recorded in book 474 page 521, shown by said survey as being N 1 33'06"E 1,397.29 feet, S 84 38'54"E 11.11 feet, and N 2 00'59"E  319.7 feet from the southwest corner of Section 28-48-13; thence S 82 54'00"E, along the northerly line thereof, 55.44 feet; thence leaving said line, S 4 12'50"W 192.19 feet; thence along an 8 18'13" curve to the left, 43.29 feet, the chord being S 2 25'00"W 43.28 feet; thence S 0 37'10"W 32.10 feet to the northerly right-of-way of the old KATY railroad; thence N 84 41'10"W, along said right-of-way, 48.55 feet to the westerly line of said tract described by a survey recorded in book 474 page 521; thence along said line, N 2 02'40"E 269.54 feet to the beginning and containing 13,578 square feet or 0.31 acre.

Permanent Drainage Easement               (Project number 32-02-97)
    A tract of land located in the southwest 1/4 of Section 28 T48N  R13W in Boone County, Missouri, being part of the tract described by a survey recorded in book 474 page 521, further described as follows:

    Starting at the northwest corner of the tract of land described by a survey recorded in book 474 page 521, shown by said survey as being N 1 33'06"E  1,397.29 feet, S 84 38'54"E  11.11 feet, and N 2 00'59"E 319.7 feet from the southwest corner of Section 28-48-13; thence S 82 54'00"E, along the northerly line thereof, 55.44 feet to the point of beginning.

    From the point of beginning S 82 54'00"E, along the northerly line of the tract of land described by a survey recorded in book 474 page 521, a distance of 112.05 feet; thence leaving said line, S 7 06'00"W 20.00 feet; thence N 82 54'00"W 111.04 feet; thence N 4 12'50"E 20.02 feet to the beginning and containing 2,231 feet or 0.05 acre.

Temporary Construction Easement                  (Project number 32-02-97)
    A tract of land located in the southwest 1/4 of Section 28 T48N  R13W in Boone County, Missouri, being part of the tract described by a survey recorded in book 474 page 521, further described as follows:

    Starting at the northwest corner of the tract of land described by a survey recorded in book 474 page 521, shown by said survey as being N 1 33'06"E 1,397.29 feet, S 84 38'54"E 11.11 feet, and N 2 00'59"E 319.7 feet  from the southwest corner of Section 28-48-13; thence S 82 54'00"E, along the northerly line thereof, 55.44 feet; thence leaving said line, S 4 12'50"W  20.02 feet to the point of beginning.

    From the point of beginning S 82 54'00"E 4.01 feet; thence S 1 58'50"W 159.86 feet; thence N 88 01'10"W 10.25 feet; thence N 4 12'50"E 160.34 feet to the beginning and containing 1,140 square feet or 0.03 acre.

Parcel  3
Owner:  Bert F. and Linda K. Thomas, husband and wife
              P.O. Box 752
              Columbia, MO 65205

Deed: Warranty Deed in book 1358 page 991
Permanent Street Easement             (Project number 32-02-97)
    A tract of land located in Lot 1 Bellview Acres Block No. 1, Replat # 1 recorded in plat book 10 page 176 of the Boone County records, further described as follows:

    Beginning at the southeast corner of Lot 1 Bellview Acres Block No. 1, Replat #1, thence N 85 10'40"W, along the southerly line thereof, 20.01 feet; thence leaving said line, N 2 24'10"E 120.07 feet to the northerly line thereof; thence along the lines of said Lot 1, S 85 10'40"E 14.67 feet; thence S 0 08'00"E 120.51 feet to the beginning and containing 2,082 square feet or 0.05 acre.

Parcel 4
Owner: Forrest - Heckman Properties, L.L.C., A Missouri Limited Liability Company
             307  E. Ash
             Columbia, MO 65201

Deed: Warranty Deed in book 1400 page 846
Permanent Street Easement            (Project number 32-02-97)
    A tract of land located in Lot 21 Bellview Acres Block No. 2,  recorded in plat book 10 page 141 of the Boone County records, further described as follows:

    Beginning at the southeast corner of Lot 21  Bellview Acres Block No. 2,  thence N 85 10'40"W, along the southerly line thereof, 14.67 feet; thence leaving said line, N 2 24'10"E 84.73 feet; thence along an 8 18'13" curve to the left, 28.22 feet, the chord being N 1 13'50"E 28.22 feet; thence N 0 03'30"E  7.25 feet to the northerly line thereof; thence along the lines of said Lot 21,  S 85 17'40"E  10.21 feet; thence S 0 08'00"E 120.51 feet to the beginning and containing 1,452 square feet or 0.03 acre.

Permanent Drainage Easement               (Project number 32-02-97)
    A tract of land located in Lot 21 Bellview Acres Block No. 2,  recorded in plat book 10 page 141 of the Boone County records, further described as follows:

    Beginning at a point on the northerly line of Lot 21 Bellview Acres Block No. 2, being N 85 17'40"W 10.21 feet from the northeast corner thereof; thence leaving said line, S 0 03'30"W 4.09 feet; thence N 40 34'00"W 5.79 feet to the northerly line of said Lot 21; thence S 85 17'40"E, along said line, 3.78 feet to the beginning and containing 8 square feet.

Temporary Construction Easement              (Project number 32-02-97)
    A tract of land located in Lot 21 Bellview Acres Block No. 2,  recorded in plat book 10 page 141 of the Boone County records, further described as follows:

    Beginning at a point on the northerly line of Lot 21  Bellview Acres Block No. 2, being N 85 17'40"W 13.99 feet from the northeast corner thereof; thence leaving said line, S 40 34'00"E 5.79 feet; thence S 0 03'30"W 3.16 feet;  thence along an 8 18'13" curve to the right, 12.13 feet, the chord being S 0 33'50"W 12.13 feet; thence N 40 26'50"W 27.40 feet to the northerly line of said Lot 21; thence S 85 17'40"E, along said line, 14.18 feet to the beginning and containing 166 square feet.

Parcel 5
Owner:  Elizabeth L. Pattison
              3404 Augusta
              Columbia, MO 65203

Deed: Quit-Claim Deed in book 1443 page 477
Permanent Street Easement             (Project number 32-02-97)
    A tract of land located in Lot 11a Ashby West II   recorded in plat book 24 page 39 of the Boone County records, further described as follows:

    Beginning at the southwest corner of Lot 11a Ashby West II, thence along the lines of said Lot 11a, N 2 04'00"E   134.00  feet; thence S 82 54'00"E  10.22 feet; thence leaving the line of said Lot 11a,  along a 7 15'09" curve to the right, 25.36 feet, the chord being S 3 17'40"W 25.36 feet; thence S 4 12'50"W 108.32 feet to the southerly line thereof; thence N 82 54'00"W, along said line, 5.60 feet to the beginning and containing 1,080 square feet or 0.02 acre.

Temporary Construction Easement                (Project number 32-02-97)
    A tract of land located in Lot 11a Ashby West II recorded in plat book 24 page 39 of the Boone County records, further described as follows:

    Beginning at a point on the southerly line of Lot 11a Ashby West II, being S 82 54'00"E 5.60 feet from the southwest corner thereof,  thence N 4 12'50"E  108.32 feet; thence along a 7 15'09" curve to the left, 25.36 feet to the northerly line of said Lot 11a, the chord being N 3 17'40"E 25.36 feet;  thence S 82 54'00"E, along said line, 9.78 feet; thence leaving the line of said Lot 11a, S 5 24'50"W  133.54 feet to the southerly line thereof; thence N 82 54'00"W, along said line, 6.57 feet to the beginning and containing 1,068 square feet or 0.02 acre.

Parcel 6
Owner:  Daniel P. & Christina G. Kellar
              5403 Dalcross Drive
              Columbia, MO 65203

Deed: Warranty Deed in book 1216 page 327
Permanent Street Easement             (Project number 32-02-97)
    A tract of land located in Lot 49 Bellview Acres Block No. 2,  recorded in plat book 10 page 141 of the Boone County records, further described as follows:

    Beginning at the southeast corner of Lot 49  Bellview Acres Block No. 2,  thence N 85 17'40"W, along the southerly line thereof, 10.04 feet; thence leaving said line, N 0 03'50"E  120.26 feet to the northerly line thereof; thence along the lines of said Lot 49, S 85 17'40"E 9.62 feet; thence S 0 08'00"E  120.30 feet to the beginning and containing 1,179 square feet or 0.03 acre.
 
Parcel 7A
Owner:  Lloyd L. Bennett, Trust
              2109 Calvert Hill Road
              Columbia, MO 65202

Deed: Warranty  Deed in book 516 page 201
Permanent Street Easement             (Project number 32-02-97)

    A tract of land located in Lot 1A Ashby West Block A, recorded in plat book 18 page 42 of the Boone County records, further described as follows:

    Beginning at the northwest corner of Lot 1A Ashby West Block A,  thence S 82 54'00"E, along the northerly line of said Lot 1A,  9.63 feet; thence leaving said line, S 1 52'20"W 50.86 feet to the southerly line of said Lot 1A; thence, along the lines of said Lot 1A, N 84 24'50"W  9.78 feet; thence N 2 04'00"E  51.10 feet to the beginning and containing 493 square feet or 0.01 acre.

Parcel 7B
Owner:  Lloyd L. Bennett, Trust
              2109 Calvert Hill Road
              Columbia, MO 65202

Deed: Warranty  Deed in book 516 page 201
Permanent Street Easement             (Project number 32-02-97)
    A tract of land located in Lot 1B Ashby West Block A,  recorded in plat book 18 page 42 of the Boone County records, further described as follows:

    Beginning at the northwest corner of Lot 1B Ashby West Block A,  thence S 84 24'50"E, along the northerly line of said Lot 1B, 9.78 feet; thence leaving said line, S 1 52'20"W 16.38 feet to the southerly line of said Lot 1B; thence, along the lines of said Lot 1B, N 84 33'10"W  9.83 feet; thence N 2 04'00"E 16.40 feet to the beginning and containing 160 square feet.

Parcel 7C
Owner:  Lloyd L. Bennett, Trust
              2109 Calvert Hill Road
              Columbia, MO 65202

Deed: Warranty  Deed in book 516 page 201
Permanent Street Easement             (Project number 32-02-97)
    A tract of land located in Lot 1C Ashby West Block A, recorded in plat book 18 page 42 of the Boone County records, further described as follows:

    Beginning at the northwest corner of Lot 1C Ashby West Block A,  thence S 84 33'10"E, along the northerly line of said Lot 1C, 9.83 feet; thence leaving said line, S 1 52'20"W  15.77  feet to the southerly line of said Lot 1C; thence, along the lines of said Lot 1C,  N 84 26'40"W  9.89 feet; thence N 2 04'00"E  15.75 feet to the beginning and containing 155 square feet.

Parcel 7D
Owner:  Lloyd L. Bennett, Trust
              2109 Calvert Hill Road
              Columbia, MO 65202

Deed: Warranty  Deed in book 908 page 255
Permanent Street Easement             (Project number 32-02-97)
    A tract of land located in Lot 1D Ashby West Block A, recorded in plat book 18 page 42 of the Boone County records, further described as follows:

    Beginning at the northwest corner of Lot 1D Ashby West Block A,  thence S 84 26'40"E, along the northerly line of said Lot 1D, 9.89 feet; thence leaving said line, S 1 52'20"W  51.03  feet to the southerly line of said Lot 1D; thence, along the lines of said Lot 1D,  N 82 54'00"W  10.08 feet; thence N 2 04'00"E  50.75 feet to the beginning and containing 507 square feet or 0.01 acre.

Parcel 8
Owner:  GTE Midwest Incorporated
              19845 US 31 North, INAAALA
               Westfield, IN   46074

Deed: Warranty Deed in book 1172 page 825
Permanent Street Easement             (Project number 32-02-97)
    A tract of land located in Lot 90 Country Hill Subdivision Plat No. 1  recorded in plat book 11 page 33 of the Boone County records, further described as follows:

    Beginning at the southeast corner of Lot 90 Country Hill Subdivision,  thence N 84 46'20"W, along the southerly line thereof, 40.76 feet; thence leaving said line, N 0 26'50"E 120.42 feet to the northerly line thereof; thence along the lines of said Lot 90, S 84 46'20"E 40.42 feet; thence S 0 17'00"W 120.45 feet to the beginning and containing 4,871 square feet or 0.11 acre.

Permanent Drainage Easement                (Project number 32-02-97)
    A tract of land located in Lot 90 Country Hill Subdivision Plat No. 1  recorded in plat book 11 page 33 of the Boone County records, further described as follows:

    Beginning at a point on the northerly line of Lot 90 Country Hill Subdivision, being N 84 46'20"W 40.42 feet from the northeast corner thereof, thence S 0 26'50"W  8.00 feet; thence  N 52 35'50"W  14.97 feet to the northerly line thereof; thence S 84 46'20"E, along said line, 12.00 feet to the beginning and containing 48 square feet.

Temporary Construction Easement               (Project number 32-02-97)
    A tract of land located in Lot 90 Country Hill Subdivision Plat No. 1  recorded in plat book 11 page 33 of the Boone County records, further described as follows:

    Beginning at a point on the southerly line of Lot 90 Country Hill Subdivision, being N 84 46'20"W 40.76 feet from the southeast corner thereof, thence N 84 46'20"W, along the southerly line thereof, 5.02 feet; thence leaving said line, N 0 26'50"E 109.38 feet; thence  N 51 43'00"W  20.17 feet to the northerly line thereof; thence along said line,  S 84 46'20"E  9.00  feet; thence leaving said line, S 52 35'20"E  14.97 feet; thence S 0 26'50"W  112.42 feet to the beginning and containing 642 square feet or 0.01 acre.

Parcel 9
Owner:  Thomas R. and Barbara Kochtanek
              1275 Sunset Drive
               Columbia, MO 65203

Deed: Warranty  Deed in book 599 page 744
Permanent Street Easement                 (Project number 32-02-97)
    A tract of land located in the southwest 1/4 of Section 28 T48N  R13W in Boone County, Missouri, being part of Tract 1 of a survey recorded in book 1025 page 420, further described as follows:

    Beginning at the northwest corner of Tract 1 of a survey recorded in book 1025 page 420, shown by said survey as being S 88 51'00"E  .48 feet and S 0 26'30"E 336.18 feet from the west 1/4 corner of Section 28-48-13; thence S 83 31'30"E, along the northerly line of said Tract 1,  58.66 feet; thence leaving said line, S 0 27'30"W   284.38 feet to the southerly line of said Tract 1;  thence along the lines of said Tract 1, N 84 11'00"W  59.84 feet; thence N 0 43'30"E   280.06 feet; thence  N 0 26'30"W  4.88 feet to the beginning and containing 16, 772 square feet or 0.39 acre.

Parcel 10
Owner:  Marsh Building Company
              P.O. Box 1034
              Columbia, MO 65205

Deed: Warranty Deed in book 698 page 399
Permanent Street Easement                 (Project number 32-02-97)
    A tract of land located in Lot 89 Country Hill Subdivision Plat No. 1  recorded in plat book 11 page 33 of the Boone County records, further described as follows:

    Beginning at the southeast corner of Lot 89 Country Hill Subdivision,  thence N 84 46'20"W, along the southerly line thereof, 40.28 feet; thence leaving said line, N 0 26'50"E   120.42 feet to the northerly line thereof; thence along the lines of said Lot 89,  S 84 46'20"E   39.94 feet; thence S 0 17'00"W   120.44 feet to the beginning and containing 4,813 square feet or 0.11 acre.

Temporary Construction Easement              (Project number 32-02-97)
    A tract of land located in Lot 89 Country Hill Subdivision Plat No. 1  recorded in plat book 11 page 33 of the Boone County records, further described as follows:

    Beginning at a point on the southerly line of Lot 89 Country Hill Subdivision, being N 84 46'20"W   40.28 feet from the southeast corner thereof, thence  N 84 46'20"W, along the southerly line thereof, 9.50 feet; thence leaving said line, N 0 48'00"E   120.36 feet to the northerly line thereof; thence along said line,  S 84 46'20"E  8.75  feet; thence leaving said line, S 0 26'50"W   120.42 feet to the beginning and containing 1,095 square feet or 0.03 acre.

Parcel 11
Owner:  Shih-Hui Liu Trust
              4114 Weston Drive
              Columbia, MO 65203

Deed: Warranty Deed in book 1313 page 490
Permanent Street Easement              (Project number 32-02-97)
    A tract of land located in Lot 340 Katy Lake Estates Plat 3,  recorded in plat book 28 page 74 of the Boone County records, further described as follows:

    Beginning at the southwest corner of Lot 340 Katy Lake Estates Plat 3, recorded in plat book 28 page 74, thence along the lines of said  Lot 340,  N 0 03'15"E  163.58 feet; thence N 66 12'35"E  13.93 feet; thence, leaving the lines of said Lot 340,  S 0 26'30"W  170.52 feet to the southerly line of said Lot 340; thence N 83 31'35"W, along said line, 11.65 feet to the beginning and containing 2,030 square feet or 0.05 acre.

Parcel 12
Owner:  Janet L. Loch, a single person
              4360 Bainbridge Court
              Columbia, MO 65203

Deed: Quit-Claim Deed in book 1459 page 707
Permanent Street Easement                  (Project number 32-02-97)
    A tract of land located in Lot 65 Country Hill Subdivision Plat No. 1 recorded in plat book 11 page 33 of the Boone County records, further described as follows:

    Beginning at the southeast corner of Lot 65 Country Hill Subdivision Plat No. 1  thence N 84 46'20"W, along the southerly line thereof, 39.94 feet; thence leaving said line, N 0 26'50"E   83.52 feet to the northerly line thereof; thence along the lines of said Lot 65,  S 60 47'40"E  45.19 feet; thence S 0 17'00"W   65.11 feet to the beginning and containing 2,949 square feet or 0.07 acre.

Temporary Construction Easement                (Project number 32-02-97)
    A tract of land located in Lot 65 Country Hill Subdivision Plat No. 1  recorded in plat book 11 page 33 of the Boone County records, further described as follows:

    Beginning at a point on the southerly line of Lot 65 Country Hill Subdivision, being N 84 46'20"W 39.94 feet from the southeast corner thereof,  thence  N 84 46'20"W, along the southerly line thereof, 8.75 feet; thence leaving said line, N 0 48'00"E   87.28 feet to the northerly line thereof; thence along said line,  S 60 47'40"E   9.34  feet; thence leaving said line, S 0 26'50"W 83.52 feet to the beginning and containing 723 square feet or 0.02 acre.

Parcel 13
Owner:  J. Michael and Michelle Metts, husband and wife
              4340 Bainbridge Court
              Columbia, MO 65203

Deed: Warranty  Deed in book 1231 page 633
Permanent Street Easement               (Project number 32-02-97)
    A tract of land located in Lot 64 Country Hill Subdivision Plat No. 1  recorded in plat book 11 page 33 of the Boone County records, further described as follows:

    Beginning at the southeast corner of Lot 64 Country Hill Subdivision,  thence N 60 47'40"W, along the southerly line thereof, 45.19 feet; thence leaving said line, N 0 26'50"E 184.17 feet to the northerly line thereof; thence along the lines of said Lot 64, N 62 56'50"E 43.93 feet; thence S 0 17'00"W   226.20 feet to the beginning and containing 8,061 square feet or 0.19 acre.

Temporary Construction Easement               (Project number 32-02-97)
    A tract of land located in Lot 64 Country Hill Subdivision Plat No. 1  recorded in plat book 11 page 33 of the Boone County records, further described as follows:

    Beginning at a point on the southerly line of Lot 64 Country Hill Subdivision, being N 60 47'40"W  45.19 feet from the southeast corner thereof, thence N 60 47'40"W, along the southerly line thereof, 9.34 feet; thence leaving said line, N 0 48'00"E  175.99 feet to the northerly line thereof; thence along said line, N 62 56'50"E  8.00  feet; thence leaving said line, S 0 26'50"W   184.17 feet to the beginning and containing 1,376 square feet or 0.03 acre.

Parcel 14
Owner:  Kathleen S. Dufur, a single person
              3309 Laketown
              Columbia, MO 65203

Deed: Warranty Deed in book 1302 page 1000
Permanent Street Easement                 (Project number 32-02-97)
    A tract of land located in Lot 341 Katy Lake Estates Plat 3,  recorded in plat book 28 page 74 of the Boone County records, further described as follows:

    Beginning at the southwest corner of Lot 341 Katy Lake Estates Plat 3  thence along the lines of said  Lot 341, N 0 03'15"E  135.81 feet; thence  N 84 12'50"E   13.70 feet; thence, leaving the lines of said Lot 341,  S 0 26'30"W   131.58 feet to the southerly line of said Lot 341; thence S 66 12'35"W, along said line, 13.93 feet to the beginning and containing 1,761 square feet or 0.04 acre.

Parcel 15
Owner:  Jerome P. and Joyce Marie Gerke, husband and wife
              4361 Bainbridge Court
              Columbia, MO 65203

Deed: Warranty  Deed in book 636 page 634
Permanent Street Easement              (Project number 32-02-97)
    A tract of land located in Lot 63 Country Hill Subdivision Plat No. 1  recorded in plat book 11 page 33 of the Boone County records, further described as follows:

    Beginning at the southeast corner of Lot 63 Country Hill Subdivision,  thence S 62 56'50"W, along the southerly line thereof, 43.93 feet; thence leaving said line, N 0 26'50"E 70.13 feet to the northerly line thereof; thence along the lines of said Lot 64, S 89 42'20"E 38.83 feet; thence S 0 17'00"W 49.95 feet to the beginning and containing 2,336 square feet or 0.05 acre.

Temporary Construction Easement                (Project number 32-02-97)
    A tract of land located in Lot 63 Country Hill Subdivision,  recorded in plat book 11 page 33 of the Boone County records, further described as follows:

    Beginning at a point on the southerly line of Lot 63 Country Hill Subdivision, being S 62 56'50"W 43.93 feet from the southeast corner thereof, thence S 62 56'50"W, along the southerly line thereof, 5.64 feet; thence leaving said line, N 0 26'50"E 72.73 feet to the northerly line thereof; thence along said line, S 89 41'40"E  5.00  feet; thence leaving said line, S 0 26'50"W  70.13 feet to the beginning and containing 357 square feet or 0.01 acre.

Parcel 16
Owner:  John D. and Suzanne C. Sullivan, husband and wife
              3409 Scott Boulevard
              Columbia, MO 65203

Deed: Warranty  Deed in book 637 page 740
Permanent Street Easement                (Project number 32-02-97)
    A tract of land located in the northeast 1/4 of Section 29 T48N  R13W in Boone County, Missouri, being part of the tract described by a survey recorded in book 379 page 28, further described as follows:

    Beginning at the northeast corner the tract described by a survey recorded in book 379 page 28, shown by said survey as being S 84 26'00"E  2,615  feet, S 0 15' W  1,235.4 feet, S 0 44'E  1,113.3 feet, and S 0 08'E  221.8 feet  from the north 1/4 corner of Section 29-48-13; thence along the lines of said tract, S 0 08'00"E   88.27 feet; thence S 89 52'00"W  13.65 feet; thence leaving said line, N 0 17'30"W   88.27 feet to the northerly line of said tract;  thence N 89 52'00"E, along said line,  13.90 feet  to the beginning and containing 1,216 square feet or 0.03 acre.

Temporary Construction Easement                (Project number 32-02-97)
    A tract of land located in the northeast 1/4 of Section 29 T48N  R13W in Boone County, Missouri, being part of the tract described by a survey recorded in book 379 page 28, further described as follows:

    Starting at the northeast corner the tract described by a survey recorded in book 379 page 28, shown by said survey as being S 84 26'00"E  2,615  feet, S 0 15' W  1,235.4 feet, S 0 44'E   1,113.3 feet, and S 0 08'E  221.8 feet from the north 1/4 corner of Section 29-48-13; thence S 89 52'00"W, along the northerly line of said tract, 13.90 feet to the point of beginning.

    From the point of beginning, leaving said northerly line, S 0 17'30"E 65.00 feet; thence  S 89 52'00"W  40.00 feet; thence  N 0 16'30"W  65.00 feet to the northerly line of said tract;  thence N 89 52'00"E, along said line, 40.00 feet to the beginning and containing 2,600 square feet or 0.06 acre.

Parcel 17
Owner:  William C. Lucas, Jr. and Laura Kramer-Lucas, husband and wife
              3407 Scott Boulevard
              Columbia, MO 65203

Deed: Warranty  Deed in book 1296 page 239
Permanent Street Easement                   (Project number 32-02-97)
    A tract of land located in the northeast 1/4 of Section 29 T48N  R13W in Boone County, Missouri, being part of the tract described by a survey recorded in book 374 page 723, further described as follows:

    Starting at the northeast corner the tract described by a survey recorded in book 374 page 723, shown by said survey as being S 84 26'00"E 2,615  feet,  S 0 15' W  1,235.4 feet, S 0 44'E   1,113.3 feet, and S 0 08'E  45.2 feet  from the north 1/4 corner of Section 29-48-13; thence S 0 08'00"E, along the easterly line of said tract,  10.00 feet to the northeast corner of a tract of land described by a warranty deed recorded in book 1296 page 239, the point of beginning.

    From the point of beginning, continuing along the lines of the tract described by a survey recorded in book 374 page 723, S 0 08'00"E   166.55 feet; thence S 89 52'00"W  13.90 feet; thence leaving said line, N 0 17'30"W   83.73 feet; thence N 3 02'50"W   82.92 feet to the northerly line of the tract described by a warranty deed recorded in book 1296 page 239; thence N 89 52'00"E, along said line,  18.34 feet  to the beginning and containing 2,518 square feet or 0.06 acre.

Temporary Construction Easement                  (Project number 32-02-97)
    A tract of land located in the northeast 1/4 of Section 29 T48N  R13W in Boone County, Missouri, being part of the tract described by a survey recorded in book 374 page 723, further described as follows:

    Starting at the northeast corner the tract described by a survey recorded in book 374 page 723, shown by said survey as being S 84 26'00"E  2,615  feet, S 0 15' W  1,235.4 feet, S 0 44'E   1,113.3 feet, and S 0 08'E   45.2 feet  from the north 1/4 corner of Section 29-48-13; thence S 0 08'00"E, along the easterly line of said tract, 10.00 feet to the northeast corner of a tract of land described by a warranty deed recorded in book 1296 page 239; thence S 89 52'00"W, along the northerly line of said tract, 18.34 feet to the point of beginning.

    From the point of beginning, leaving said northerly line, S 3 02'50"E   50.03 feet; thence  S 89 52'00"W   24.56 feet; thence  N 2 16'30"W  50.00 feet to the northerly line of said tract;  thence N 89 52'00"E, along said line, 23.88 feet to the beginning and containing 1,210 square feet or 0.03 acre.

Parcel 18
Owner:  Narayanan and Maheswari Ravindran,  husband and wife
              1313 Garden Court
              Columbia, MO 65203

Deed: Collector's Deed for Taxes in book 1248 page 491
Permanent Street Easement                   (Project number 32-02-97)
    A tract of land located in the northeast 1/4 of Section 29 T48N  R13W in Boone County, Missouri, being part of the tract described by a survey recorded in book 374 page 723, further described as follows:

    Beginning at the northeast corner the tract described by a survey recorded in book 374 page 723, shown by said survey as being S 84 26'00"E  2,615  feet,  S 0 15' W 1,235.4 feet, S 0 44'E   1,113.3 feet, and S 0 08'E  45.2 feet  from the north 1/4 corner of Section 29-48-13; thence S 0 08'00"E, along the easterly line of said tract, 10.00 feet to the southeast corner of a tract described by a collector's deed for taxes recorded in book 1248 page 491;  thence S 89 52'00"W, along the southerly line of said tract, 18.34 feet; thence leaving said line, N 3 02'50"W   10.01 feet to the northerly line of said tract; thence N 89 52'00"E, along said line, 18.85 feet to the beginning and containing 186 square feet.

Temporary Construction Easement                (Project number 32-02-97)
    A tract of land located in the northeast 1/4 of Section 29 T48N  R13W in Boone County, Missouri, being part of the tract described by a survey recorded in book 374 page 723, further described as follows:

    Starting at the northeast corner the tract described by a survey recorded in book 374 page 723, shown by said survey as being S 84 26'00"E  2,615  feet, S 0 15' W  1,235.4 feet, S 0 44'E   1,113.3 feet, and S 0 08'E  45.2 feet  from the north 1/4 corner of Section 29-48-13; thence S 89 52'00"W,  along the northerly line of said tract, 18.85 feet to the point of beginning.

    From the point of beginning S 3 02'50"E  10.01 feet to the southerly line of a tract described by a collector's deed for taxes recorded in book 1248 page 491; thence S 89 52'00"W, along the southerly line of said tract, 23.88 feet; thence leaving said line, N 2 16'30"W   10.01 feet to the northerly line of said tract; thence N 89 52'00"E, along said line, 23.75 feet to the beginning and containing 238 square feet or 0.01 acre

Parcel 19
Owner:  Gary J. and Catherine Ehrhardt,  husband and wife
              4328 Country Hill Drive
              Columbia, MO 65203

Deed: Warranty  Deed in book 508 page 305
Permanent Street Easement                 (Project number 32-02-97)
    A tract of land located in Lot 37 Country Hill Subdivision Plat No. 1,  recorded in plat book 11 page 33 of the Boone County records, further described as follows:

    Beginning at the southeast corner of Lot 37 Country Hill Subdivision Plat No. 1  thence N 89 47'30"W, along the southerly line thereof, 43.85 feet; thence leaving said line, N 2 42'20"W   90.28 feet to the northerly line thereof; thence along the lines of said Lot 37, S 89 35'30"E  48.05 feet; thence S 0 18'00"E   44.80 feet; thence S 0 12'30"W 45.20 feet to the beginning and containing 4,148 square feet or 0.10 acre.

Parcel 20
Owner:  David M. and Diane S. Cook,   husband and wife
              4327 Country Hill Drive
              Columbia, MO 65203

Deed: Warranty  Deed in book 456 page 129
Permanent Street Easement                 (Project number 32-02-97)
    A tract of land located in Lot 1 Country Hill Subdivision Plat No. 1,  recorded in plat book 11 page 33 of the Boone County records, further described as follows:

    Beginning at the southeast corner of Lot 1  Country Hill Subdivision Plat No. 1  thence N 89 35'30"W, along the southerly line thereof, 49.39 feet; thence leaving said line, N 0 38'00"W  105.07 feet to the northerly line thereof; thence along the lines of said Lot 37,  S 89 35'30"E  50.00 feet; thence S 0 18'00"E  105.06 feet to the beginning and containing 5,221 square feet or 0.12 acre.

Parcel 21
Owner:  Ashley T. and Mary E. Kees, husband and wife
              3307 Laketown Drive
              Columbia, MO 65203

Deed: Warranty Deed in book 1336 page 442
Permanent Street Easement                 (Project number 32-02-97)
    A tract of land located in Lot 341A  Katy Lake Estates Plat 3,  recorded in plat book 28 page 74 of the Boone County records, further described as follows:

    Beginning at the southwest corner of Lot 341A  Katy Lake Estates Plat 3  thence along the lines of said  Lot 341A,  N 0 03'15"E   90.47 feet; thence  N 84 12'50"E   14.06 feet; thence, leaving the lines of said Lot 341,  S 0 07'55"W   47.31 feet; thence S 0 26'30"W   43.20 feet to the southerly line of said Lot 341A;  thence S 84 12'50"W, along said line, 13.70 feet to the beginning and containing 1,255 square feet or 0.03 acre.

Temporary Construction Easement                 (Project number 32-02-97)
    A tract of land located in Lot 341A  Katy Lake Estates Plat 3,  recorded in plat book 28 page 74 of the Boone County records, further described as follows:

    Beginning at a point on the southerly line of Lot 341A  Katy Lake Estates Plat 3, being N 84 12'50"E 13.70 feet from the southwest corner thereof; thence leaving said line, N 0 26'30"E  43.20 feet; thence  N 0 07'55"E  47.31 feet to the northerly line of said Lot; thence, along said line, N 84 12'50"E 11.05 feet; thence, leaving said line, S 0 08'10"W  90.48 feet to the southerly line of said Lot 341A; thence S 84 12'50"W, along said line, 11.28 feet to the beginning and containing 999 square feet or 0.02 acre.

Parcel 22
Owner:  Baxter Homes, Inc. a Missouri Corporation
              814 Donnelly Avenue
              Columbia, MO 65203

Deed: Warranty Deed in book  1410 page 409
Permanent Street Easement                  (Project number 32-02-97)
    A tract of land located in Lot 342 Katy Lake Estates Plat 3,  recorded in plat book 28 page 74 of the Boone County records, further described as follows:

    Beginning at the southwest corner of Lot 342  Katy Lake Estates Plat 3  thence along the lines of said  Lot 342,  N 0 03'15"E 90.47 feet; thence  N 84 12'50"E  14.18 feet; thence, leaving the lines of said Lot 342,  S 0 07'55"W  90.48 feet to the southerly line of said Lot 342; thence S 84 12'50"W, along said line, 14.06 feet to the beginning and containing 1,271 square feet or 0.03 acre.

Temporary Construction Easement                    (Project number 32-02-97)
    A tract of land located in Lot 342 Katy Lake Estates Plat 3,  recorded in plat book 28 page 74 of the Boone County records, further described as follows:

    Beginning at a point on the southerly line of Lot 342 Katy Lake Estates Plat 3, being N 84 12'50"E  14.06 feet from the southwest corner thereof; thence leaving said line, N 0 07'55"E 90.48 feet to the northerly line of said Lot; thence, along said line, N 84 12'50"E 11.06 feet; thence, leaving said line, S 0 08'10"W   90.48 feet to the southerly line of said Lot 342; thence S 84 12'50"W, along said line, 11.05 feet to the beginning and containing 995 square feet or 0.02 acre.

Parcel 23
Owner:  Lifestyle Homes, Inc. a Missouri Corporation
              4016 Glen Eagle
              Columbia, MO 65203

Deed: Warranty Deed in book 1387 page 163
Permanent Street Easement                  (Project number 32-02-97)
    A tract of land located in Lot 343  Katy Lake Estates Plat 3,  recorded in plat book 28 page 74 of the Boone County records, further described as follows:

    Beginning at the southwest corner of Lot 343  Katy Lake Estates Plat 3  thence along the lines of said  Lot 343, N 0 03'15"E  102.47 feet; thence S 89 56'45"E  11.41 feet; thence, leaving the lines of said Lot 343,  S 2 18'05"E  66.81 feet; thence S 0 07'55"W   34.27 feet to the southerly line of said Lot 343;  thence S 84 12'50"W, along said line, 14.18 feet to the beginning and containing 1,348 square feet or 0.03 acre.

Parcel 24
Owner:  Cal-Grath Development Inc. and Lifestyle Homes, Inc.
              1809 Katy Lane
              Columbia, MO 65203

Deed: Warranty Deed in book 1134 pages 619 and 622
Permanent Street Easement                (Project number 32-02-97)
    A tract of land located in Lot 344 Katy Lake Estates Plat 3,  recorded in plat book 28 page 74 of the Boone County records, further described as follows:

    Beginning at the southwest corner of Lot 344  Katy Lake Estates Plat 3  thence along the lines of said  Lot 344,  N 0 03'15"E  75.79 feet; thence along a curve to the right having a radius of 30.00 feet, 21.65 feet, the chord being N 20 43'30"E  21.18 feet;  thence, leaving the lines of said Lot 344,  S 2 18'05"E   95.69 feet  to the southerly line of said Lot 344;  thence N 89 56'45"W, along said line, 11.41 feet to the beginning and containing 856 square feet or 0.02 acre.
 
Parcel 25
Owner:  Cal- Grath Development Inc. and Lifestyle Homes, Inc.
              1809 Katy Lane
              Columbia, MO 65203

Deed: Warranty Deed in book 1134 pages 619 and 622
Street Vacation in book 1436 page 200
Permanent Street Easement                  (Project number 32-02-97)
    A tract of land located in the vacated right-of-way of Beach Pointe Drive as shown by the plat of Katy Lake Estates Plat 3,  recorded in plat book 28 page 74 of the Boone County records.

    Starting at the southwest corner of Lot 344  Katy Lake Estates Plat 3  thence N 0 03'15"E, along the westerly line thereof, 75.79 feet to the point of beginning.

    From the point of beginning, thence  N 0 03'15"E  130.00 feet to a corner of Lot 345 Katy Lake Estates Plat 3; thence S 3 49'40"E   110.43 feet to the northerly line of Lot 344 Katy Lake Estates Plat 3; thence along said line on a curve to the left having a radius of 30.00 feet, 21.65 feet to the beginning, the chord being S 20 43'30"W 21.18 feet. This parcel contains 458 square feet or 0.01 acre.
 
    SECTION 2.  The City Manager is authorized to acquire the land described in Section l by negotiation.

    SECTION 3.  The City Manager is authorized to obtain, execute and record all licenses, easements, deeds and other instruments necessary to acquire the land described in Section 1.

    SECTION 4.  If the City cannot agree with the owners, or those claiming an interest in the land described in Section 1, on the proper compensation to be paid for such land, or if the owner is incapable of contracting, is unknown, or cannot be found, or is a non-resident of the State of Missouri, the City Counselor is authorized to petition the Circuit Court of Boone County, Missouri, to acquire the land described in Section 1 by condemnation.

    SECTION 5.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 15th day of March, 1999.

ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer
 

Introduced by             Hindman               Council Bill No.          R 45-99     
A RESOLUTION

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The City Council hereby determines that a public hearing on special assessments against property abutting and specially benefited by maintenance work on certain unimproved streets within certain Street Maintenance Districts in the City of Columbia, Missouri, as authorized by Ordinance No. 015645, shall be held in the Council Chamber of the Daniel Boone Building, 701 E. Broadway, Columbia, Missouri, at 7:00 p.m. on April 5, 1999, at which time all interested persons shall be given the opportunity to be heard.  The Street Maintenance Districts within which the properties proposed to be tax billed are located are as follows:

                   ALLEY, 70' from east end to Hartley Court
                   CANYON DRIVE, end of curb and gutter to the west end
 E25-01-3 EUBANK COURT, east end to Walcox Drive
 M03-01-3 MCGREGOR LANE, north end to Walcox Drive
 R10-03-1 RICHARDSON STREET, William Street to Hartley Court
 R10-04-1 RICHARDSON STREET, Hartley Court to east end
 W02-01-3 WALCOX DRIVE, Sinclair Street to Eubank Court
 W02-02-3 WALCOX DRIVE, Eubank Court to McGregor Lane
 W02-03-3 WALCOX DRIVE, McGregor Lane to north end

    SECTION 2.  The City Clerk is hereby authorized and directed to cause an appropriate advertisement of the time and place of the public hearing to be published in a daily newspaper of general circulation in the City of Columbia for seven (7) consecutive insertions.

    ADOPTED this 15th day of March, 1999.

ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer
 

Introduced by             Hindman               Council Bill No.          R 46-99
 A RESOLUTION

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The City Council deems the construction of the southward extension of the air carrier apron 450 feet, a proposed lead-out to Taxiway A and modifications to Gate #9 at Columbia Regional Airport necessary to the welfare and improvement of the City.

    SECTION 2.  The nature and scope of the improvement shall consist of furnishing all labor, materials, transportation, insurance and all other items, accessories and incidentals thereto necessary for the complete construction of the improvements.

    SECTION 3.  The estimated cost of this improvement is $1,105,000.

    SECTION 4.  Payment for this improvement shall be made from Federal Aviation Administration grants, sales tax funds, and such other funds as may be lawfully appropriated.

    SECTION 5.  Any work done in connection with the construction of the improvement specified above shall be in compliance with the provisions of the prevailing wage laws of the State of Missouri.  The City shall also cause to be inserted into the contract a stipulation that all laborers and mechanics employed by the contractor or subcontractors in the performance of work under the contract shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act.

    SECTION 6.  This resolution shall be published in a daily newspaper of general circulation in the City of Columbia for seven (7) consecutive insertions, and a public hearing in respect to this improvement will be held in the Council Chamber of the Daniel Boone Building, 701 E. Broadway, Columbia, Missouri, at 7:00 p.m. on April 5, 1999.

    ADOPTED this 15th day of March, 1999.

ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer
 

Introduced by             Hindman               Council Bill No.         R 47-99
 A RESOLUTION

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The City Council deems the renovations to the armory building on Ash Street between Seventh Street and Eighth Street necessary to the welfare and improvement of the City.

    SECTION 2.  The nature and scope of the improvement shall consist of furnishing all labor, materials, transportation, insurance and all other items, accessories and incidentals thereto necessary for the complete construction of the improvements.

    SECTION 3.  The estimated cost of this improvement is $ 650,000.

    SECTION 4.  Payment for this improvement shall be made from Community Development Block grant funds and such other funds as may be lawfully appropriated.

    SECTION 5.  Any work done in connection with the construction of the improvement specified above shall be in compliance with the provisions of the prevailing wage laws of the State of Missouri.

    SECTION 6.  This resolution shall be published in a daily newspaper of general circulation in the City of Columbia for seven (7) consecutive insertions, and a public hearing in respect to this improvement will be held in the Council Chamber of the Daniel Boone Building, 701 E. Broadway, Columbia, Missouri, at 7:00 p.m. on April 5, 1999.

    ADOPTED this 15th day of March, 1999.
 
ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer
 

Introduced by             Hindman               Council Bill No.          R 48-99
 A RESOLUTION

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The City Council deems the relocation of 8, 12 and 16-inch water mains along Route B from Business Loop 70 north to the Hwy 63 interchange, in accordance with Water and Light Department water main plans and specifications necessary to the welfare and improvement of the City.

    SECTION 2.  The estimated cost of this improvement is $ 624,400.00.

    SECTION 3.  Payment for this improvement shall be made from the Water and Electric Fund using funds appropriated in Capital Improvement Project No. WT0081.

    SECTION 4. Any work done in connection with the construction of the improvement specified above shall be in compliance with the provisions of the prevailing wage laws of the State of Missouri.

    SECTION 5.  This resolution shall be published in a daily newspaper of general circulation in the City of Columbia for seven (7) consecutive insertions, and a public hearing in respect to this improvement will be held in the Council Chamber of the Daniel Boone Building, 701 E. Broadway, Columbia, Missouri, at 7:00 p.m. on April 5, 1999.

    ADOPTED this 15th day of March, 1999.

ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer
 

Introduced by             Hindman               Council Bill No.          R 49-99
 A RESOLUTION

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The City Manager is hereby authorized to execute an agreement with Bucher, Willis & Ratliff for engineering services in connection with the FY 99 improvements at Columbia Regional Airport.  The form and content of the agreement shall be substantially as set forth in "Exhibit A" attached hereto and made a part hereof as fully as if set forth herein verbatim.

    ADOPTED this 15th day of March, 1999.
 
ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer
 

Introduced by             Hindman               Council Bill No.         R 50-99    
 A RESOLUTION

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The City Manager is hereby authorized to execute an amendment to the agreement with the Division of Family Services for the 1998 Emergency Shelter Grant Program.  The form and content of the amendment shall be substantially as set forth in "Exhibit A" attached hereto and made a part hereof as fully as if set forth herein verbatim.

    ADOPTED this 15th day of March, 1999.

ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer
 

NEW BUSINESS
R52-99     Authorizing a grant application for maintenance of Martin Luther King, Jr. Memorial.
    The bill was given second reading by the Clerk.
    Mr. Beck noted at the pre-Council dinner the Council had discussed the need for maintenance of the City's outdoor statues.  He said a possible source of grant money has been identified on a 50% match basis, and this resolution would authorize the staff the proceed with a grant request.
    The vote on R52-99 was recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.   VOTING NO: NO ONE.  Resolution declared adopted, reading as follows:

Introduced by             Hindman               Council Bill No.          R 52-99
 A RESOLUTION

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The City Manager is hereby authorized to apply to Heritage Preservation and the National Museum of American Art for a $5,500 grant to maintain and repair the Martin Luther King, Jr. Memorial.

    ADOPTED this 15th day of March, 1999.

ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer

R53-99     Authorizing a cooperative agreement with Boone County in connection with the airport
                  improvement project.
    The resolution was read by the Clerk.
    Mr. Beck explained that the State Department of Economic Development requested that an agreement between the City and County be entered into for use of  CDBG money for the Airport improvements in conjunction with Ozark Airlines.
    The vote on R53-99 was recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN.  VOTING NO: NO ONE.  Resolution declared adopted, reading as follows:

Introduced by             Hindman               Council Bill No.          R 53-99     
 A RESOLUTION

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The City Manager is hereby authorized to execute a cooperative agreement with Boone County in connection with the airport improvement project.  The form and content of the agreement shall be substantially as set forth in "Exhibit A" attached hereto and made a part hereof as fully as if set forth herein verbatim.

    ADOPTED this 15th day of March, 1999.

ATTEST:

/s/ Penny St. Romaine                       /s/ Darwin Hindman
City Clerk                                            Mayor and Presiding Officer
 

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

B68-99     Accepting the 1998 street maintenance work; approving the engineer's report; levying and
                  assessing special assessments.
B69-99     Authorizing construction of southward extension of air carrier apron; lead-out to Taxiway
                  A and modification to Gate #9 at Columbia Regional Airport and calling for bids.
B70-99     Authorizing renovations to the Armory building and calling for bids.
B71-99     Authorizing acquisition of easements to construct the Nifong and Bethel intersection
                  improvements.
B72-99     Authorizing the installation of traffic signals at the intersection of Nifong and Bethel and
                  calling for bids.
B73-99     Voluntary annexation of property located on the north side of Smith Drive, west of Stone
                  Valley Parkway.
B74-99     Voluntary annexation of property located on the southeast corner of Sinclair Street and
                  Southampton Drive; establishing permanent zoning.
B75-99     Approving the final plat of Rockbridge Subdivision, Plat No. 13; granting a variance to the
                  subdivision regulations; authorizing a performance contract.
B76-99     Vacating various easements within The Oaks Subdivision, Plat 1 and a street right-of-way
                  for Pine View Drive.
B77-99     Approving the final plat of The Oaks, Plat 3, a replat of a portion of The Oaks, Plat 1;
                  granting a variance to the subdivision regulations.
B78-99     Rezoning property located on the north side of East Ash Street, west of First Street from
                  R-3 to O-1.
B79-99     Rezoning property located west of Range Line Street and south of Smiley Lane from M-1
                  and M-C to C-3.
B80-99     Rezoning four parcels of land located west of Range Line Street and south of Smiley Lane;
                  Tract B from M-C to R-3, Tract C from M-C and M-1 to R-1, Tract D from A-1 to R-1, Tract E
                  from M-1 to R-3.
B81-99     Authorizing the relocation of water mains along Route B from Business Loop 70 to
                  Highway 63; calling for bids.
B82-99     Accepting conveyances for utility purposes.
B83-99     Amending Chapter 19 of the Code relating to personnel policies, procedures, rules and
                  regulations.
B84-99     Renewing an agreement with Boone County to provide clerical services in connection with
                  the enhanced 911 system.
B85-99     Vacating a water line easement - Rock Bridge Shopping Center Nowell's.
 

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

(B)     Boone County Commission's Request for Expanded Notification on Annexation Zoning Public
          Hearings.
    Mr. Beck said the Council had asked if the City would be doing the same kind of notification as what the County is doing.  He reported the County does notify people in the City limits within 1,000 feet of a proposed zoning change.  Mr. Beck stated there would be no problem standardizing the notification procedure.
    It was decided to proceed with the notification as requested.

(C)     Request for Rezoning R-3 to R-1, Benton Stephens Neighborhood.
    Mr. Beck explained that two property owners had requested down zoning within the Benton Stephens area.
    Mr. Campbell made the motion that staff proceed with the necessary advertising and legislation.  The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
 
BOARDS AND COMMISSIONS
    Upon receiving the majority vote of the Council the following individuals were appointed to the following boards and commissions:

BICYCLE/PEDESTRIAN COMMISSION
Robert, Susan M., 601 Westwood Ave., Ward 4 - term to expire 7/31/02

CULTURAL AFFAIRS COMMISSION
Griggs, David R., 6420 Hwy. VV, County - term to expire 4/1/02
Rottmann, Betty C., 1200 Coats, Ward 2 - term to expire 4/1/02
Vail, Ned R., 1119 London Drive, Ward 1 - term to expire 4/1/02
 
COMMENTS OF THE COUNCIL, STAFF, AND PUBLIC
    A week ago, Mr. Janku said the Council had attended a presentation on pedestrian issues proposing development of a pedestrian network.
    Mr. Janku made the motion that the issues raised be referred to the Bicycle Commission and to the Planning and Zoning Commission, including the development of a Pedestrian Master Plan for the City for potential inclusion in the 20/20 Plan and the Capital Improvement Plan.  The motion was seconded by Mayor Hindman and approved unanimously by voice vote.

    Mr. Janku pointed out that the Council had authorized the staff to negotiate for an easement on some back lots on the Bear Creek Trail.  It was hoped these could connect to some property that was donated to the City.
    Mr. Janku made the motion that staff be directed to prepare legislation for introduction.  The motion was seconded by Mr. Kruse and approved unanimously by voice vote.

    Mr. Janku asked for an update on the Sunflower project.

    Mr. Janku requested a report on potential landscaping for Route B.  He wondered if any contact had been made with the property owners.  He noted that some funding to be used for landscaping still remained from the ballot issue.

    Ms. Coble asked for a traffic study on Garth and Sexton to determine whether or not there will be sufficient traffic there for a light when it reopens.  She said the neighborhood association had requested the study.  They also asked for a study at Fourth and Grand to see if a stop sign is warranted.

    Ms. Coble said the light at Broadway and Providence, for eastbound traffic, has caused complaints regarding the small number of cars getting through the intersection.

    Regarding Hunt Court, off of Pershing, Ms. Coble explained that it is a stubbed street with land the City technically owns, but does not maintain by weeding or mowing.  She said the residents of Jean Rae Drive, whose lots back up to it, mow and maintain the City owned swath at the dead end street of Hunt Court.  She said the issue had been raised before and the residents would like to see it get taken care of.

    Ms. Coble made the motion that staff be directed to issue a report in accordance with Section 2-107 to down zone property located at 1, 5, 7, 11, 13, 15 and 21 E. Sexton Road, approximately 3.26 acres that are currently zoned R-4 to be down zoned to their previous R-2 and R-3 zonings.  The motion was seconded by Mr. Janku and approved unanimously by voice vote.

    Ms. Coble explained that the Missouri Supreme Court has issued proposed amendments to Supreme Court Rules 21 and 37.  She said Rule 21 seems to maintain that there can be no arrests for misdemeanor crimes, that there has to either be a warrant issued or an indictment.  Arrests are made only in the case when the accused is believed to not appear in court.  Ms. Coble reported there are indications that the rule may have been in existence in that form since January of 1980.  She said Rule 37 deals with misdemeanor ordinance violations and how they can only be dealt with by summons.  She spoke to the Boone County Prosecutor's Office and thought the community would be well-served if there was some participation from the Police Department and the Prosecutor's Office to determine if there is any advantage in joining in communication with the Supreme Court regarding these rules which are to go into effect July 1, 1999.  She was concerned about the impact on the DOVE unit.

    Regarding the Tosini property that had been discussed earlier this evening, Mr. Campbell said one of the stipulations was that it be subject to architectural review by the City.  He said the City has no such provision at the current time for carrying out that provision.  Mr. Campbell asked for a report regarding whether or not ordinances are needed, or how that might be done.  He would like to know how other cities handle this issue so the Council can take some action on it.

    Mr. Campbell reported in regards to street width, there had been some discussion about one size fits all as far as secondary streets are concerned.  In the case of Grant Lane, the 32 foot width was changed because it really is a lesser collector street.  He felt it was time to review the street width policies for a number of reasons.  Mr. Campbell asked for a report on how they could go about doing a review.
    Mayor Hindman noted that there are some standards organizations working on recommendations for new street widths.  He thought those figures would be coming out shortly.  Mayor Hindman had requested information regarding the issue, and was hopeful to receive it within the next few days.  He suggested it might be appropriate to wait until this data is received.
    Mr. Campbell said the Council will be making some decisions in the relatively near future about a ballot issue and it seemed to him, if they are going to change some of the street widths, they should take that into account when planning.

    Mr. Coffman brought up the traffic condition on Route WW, between Brickton Road and Old 63 (Broadway between Old 63 and U.S. 63).  He said the traffic there is increasingly difficult, particularly for people turning left into Broadway Village and turning left onto Trimble Road.  He said the staff had written MODOT and received a letter back indicating the State is not willing to help the City widen the road at this time because of funding.
    Mr. Coffman made the motion that staff be directed to prepare a report with suggestions about what could be done in the meantime to make this area more safe, particularly with the left turns.  The motion was seconded by Mr. Kruse and approved unanimously by voice vote.

    In light of the decision made earlier with respect to the Islamic Center, Mayor Hindman made the motion that the Trail Head Park Committee look at the property and come up with some ideas as to how it might be developed into a public space.  The motion was seconded by Mr. Kruse and approved unanimously by voice vote.

    Ben Alexander, 910 Lathrop Road, explained that he and his brother farmed Alexander's Fruit and Vegetable Farm for 40 years beginning in 1932.  Mr. Alexander was supportive of the Farmer's Market request.

    The meeting adjourned at 12:25 a.m.

                                                                                           Respectfully submitted,
 
                                                                                           Penny St. Romaine
                                                                                           City Clerk