INTRODUCTORY
The City Council of the City of Columbia, Missouri, met for
a regular meeting at 7:00 p.m., on Monday, May 4, 1998, in the Council Chamber
of the City of Columbia, Missouri. The roll was taken with the following
results: Council Members COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL,
and KRUSE 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 April 20, 1998, were
approved unanimously by voice vote on a motion made by Mr. Campbell and a second
by Ms. Coble.
APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
Mr. Campbell made the motion that Mrs. Crockett be allowed
to abstain from voting on B105-98. The motion was seconded by Mr. Kruse
and approved unanimously by voice vote.
The agenda, including the Consent Agenda was approved unanimously
by voice vote on a motion made by Mr. Janku and a second by Coffman.
SPECIAL ITEMS
None.
SCHEDULED PUBLIC COMMENTS
None.
PUBLIC HEARINGS
B105-98 Rezoning two tracts of property owned
by Homeview Properties located between Westwind Drive and
Barberry
Avenue from A-1 to R-1 and A-1 and R-1 to R-2.
The bill was given third reading by the Clerk.
Mr. Beck commented that this issue had been tabled from the
last meeting. He noted that the property is a 15.06 acre tract of land
in northwest Columbia. The Planning and Zoning Commission opposed the R-2
rezoning request.
Mr. Janku reported he had been told by the applicant that
he would like to continue the table on this request until the first meeting in
June; however, written notification has not been received. He thought the
Council should honor the request, although it is unusual. Mr. Janku said
he would reluctantly make the motion to table this issue.
Mr. Campbell said he was disinclined to table the request
again because of the residents who continue to come to meetings to speak on the
issue.
Mayor Hindman noted that approximately 8 people were present
to speak on this matter. He said regardless of whether or not the Council
votes to table the request, those people would be given an opportunity to speak.
Mr. Janku made the motion to table B105-98 to the June 1,
1998, meeting. The motion was seconded by Ms. Coble and failed by voice
vote.
Mayor Hindman reopened the public hearing.
Robert Eden, 1700 Grayson, explained that his property is
approximately one block away from the border of the property in question. He
said residents had met with the developer, and there had been no specific plans
as to what is actually proposed. Mr. Eden did not think there was much
of an objection to R-1 zoning, but said there were already enough duplexes in
this sector of the city.
Rita Preckshot, 3507 Barberry, said she had spoken to the
owner of the mobile home park located to the west of this property. She
had a written statement from the owner's son indicating that as residents leave
the mobile home park, it will be phased out. She displayed a photo of the
mobile home park on the overhead. There are currently eight homes left,
and the lot measures approximately 100 feet by 300 feet. Ms. Preckshot
was not sure the area was large enough to justify a buffer zone. She said
residents are also concerned about the water pipes that were broken during previous
heavy construction. Ms. Preckshot displayed photos of accidents caused
by construction vehicles and the condition of the roadway.
David Rogers, an attorney with offices at 813 Walnut, spoke
on behalf of the applicant. He asked the Council to reconsider their earlier
motion to table. He explained that the applicant had originally asked for
this issue to be tabled to the May 18th meeting, but a Council member asked that
it be moved to another date. Mr. Rogers said it seemed as though the Council
is asking a citizen to adhere to a standard that the City itself often misses. He
said his client had been acting in good faith, although some of the neighbors
may think this is a delay tactic. Mr. Rogers reported the owner of the
property has been going door-to-door addressing concerns -- which is exactly
the type of action the Council encourages applicants to initiate. Mr. Rogers
thought it unfair to discuss this issue without hearing from the applicant.
Mr. Campbell asked why there had been no written request for
another postponement. Mr. Rogers said he imagined the applicant did not
know that he needed to make a written request.
Mayor Hindman made the motion that the Council reconsider
the vote to table the issue to the June 1st meeting. The motion was seconded
by Ms. Coble and failed by voice vote.
Jerry Grant, 3901 Gibbs Road, indicated the location of his
65 acre farm is just outside the city limits. He has lived at this location
for 51 years and the road has not changed, except for it being blacktopped. He
said it is a dangerous situation and to add to this traffic would be a mistake. Mr.
Grant indicated he is not opposed to the R-1 zoning request.
Gail Gary, 3611 Westwind, explained she spoke to the applicant,
Mr. Strothman, and had been told that he plans to have 50 family units -- with
possibly 3 bedrooms per unit. She said that could mean 150 cars being involved
in daily travel on Barberry and Westwind. Ms. Gary said both streets are
ill-equipped to handle that kind of traffic. Ms. Gary reported Mr. Strothman
had told her last week that she did not need to come to this meeting because
the issue was going to be tabled. Therefore, she had been surprised to
see it on the agenda. Ms. Gary stated she had checked twice with the Clerk's
office to see if it had indeed been tabled. She indicated that residents
in this area are inexperienced with this kind of situation, and added that she
was disappointed that Mr. Strothman keeps asking to have the issue tabled. She
was afraid he was playing games with them and said his credibility with her had
plunged. Ms. Gary stated at this time human safety is worth more than the
developer's wish to maximize his investment. She asked the Council to vote
against the R-2 rezoning request.
Brenda Leuvert, 3603 Westwind, indicated she was speaking
on behalf of herself, as well as on behalf of a few of her neighbors. She
said residents are opposed to R-2 zoning because of the amount of traffic that
would be generated. In addition to the increased traffic, she felt there
would also be an increase in crime. Other concerns residents share include
the possibility of decreased property values, problems associated with water
pressure, and the multitude of duplexes and rental properties already in the
area.
Larry Hine, 2505 Primrose, said there had been questions at
the Planning and Zoning level about tabling the issue. He said it was difficult
to understand how the developer could handle a project like this when he could
not get his ducks in a row.
Mayor Hindman closed the public hearing.
Mayor Hindman asked about the sewer and water services in
the area. Mr. Patterson said the developer had some preliminary plans as
to how the property could be served, but it is not on City sewer at this time. Mr.
Powell added that water is supplied by Consolidated Water District No. 1. Mayor
Hindman asked if the water pressure would conform to City standards. Mr.
Patterson said the statement on the review had said water main extension would
be necessary, which meant it would not be adequate at this time, but it would
be required.
Mr. Campbell asked if the City has an agreement with Consolidated
Water District No. 1 on meeting City standards. Mr. Powell said they did
not yet.
Mayor Hindman asked if the standards would be enforced. Mr.
Patterson said usually this occurs with annexations, but there is nothing in
this case that would require that to be done -- other than the subdivision regulations
regarding extension of City lines. Mr. Hancock said plans for those standards
have to be submitted at the time plats come in, and a sewer would have to be
in place before development could actually occur. The same thing is true
of water. Mr. Patterson said plans for water and sewer service is a requirement
for final plat approval, and building permits cannot be obtained if these standards
have not been approved. He said as this is just a rezoning request, those
standards do not have to be specified at this point.
In terms of street improvements, Mr. Janku understood there
were no plans for upgrading Westwind or Barberry west of Grayson, or for the
southward extension of whatever Grayson Drive might be eventually named. Mr.
Patterson said there were no plans. He said there was a question before
when the previous rezoning request had been considered regarding the connection
on the outer road by I-70. He said staff evaluated what could be done to
make it a safer intersection, and it would be a very expensive effort as it would
require the potential purchase of a dwelling, and several hundred thousand dollars
worth of improvements. Mr. Patterson reported the City asked the Highway
Department to install a guardrail at this location to try and prevent the recurrence
of an event where a vehicle went over the edge onto I-70.
Mayor Hindman thought the city limit line looked like a logical
location for a street. He asked if there were plans for a street at this
location. Mr. Hancock said there were none.
To the developer's credit, Mr. Janku did not believe Mr. Strothman
was trying to deceive anyone. He said this is the second request for the
rezoning (the first time the request was denied for an R-2 development). In
this instance, the Planning and Zoning Commission had recommended denial to a
mixed development. He said the developer had hoped that some R-1 would
alleviate concerns regarding density. During the intervening period, Mr.
Janku said what had failed to occur was the southern extension of Grayson --
which would have been part of a previous rezoning and plat. Although that
request had been withdrawn, it had actually been underway at the time this application
was filed for the second time. Until that issue is resolved, Mr. Janku
said the streets in this particular area could not support this type of intense
development, particularly with the additional comments from Mr. Patterson about
Westwind Drive. He had hoped that maybe something could be worked out,
at a reasonable cost, that could improve the exit from the development. This
apparently is not the case. Mr. Janku said until the Council has some guarantees
on further street improvements in the area, he would have to vote against the
rezoning request.
Mr. Campbell said he would vote against the request because
of the public safety issue. He said until something is done to relieve
what is now two bad traffic situations, the City should be very cautious about
having any development, especially high density development, in the area.
In spite of the narrowness and winding nature of the roads
in the area, if parking could be prohibited, Mayor Hindman felt the road could
serve as is. He did not think the roads were capable of allowing any kind
of pedestrian or bicycle traffic, while still carrying construction vehicles,
school buses, etc. He said the biggest defect in the infrastructure is
that there are not any safety provisions for the pedestrians that would be using
the road.
B105-98 was read with the vote recorded as follows: VOTING
YES: NO ONE. VOTING NO: COFFMAN, HINDMAN, COBLE, JANKU, CAMPBELL,
KRUSE. ABSTAINING: CROCKETT. Bill defeated.
B111-98 Establishing permanent A-1 zoning
on property located at 2711 Mill Creek Terrace owned by Michael
S.
and Tammy K. Wulff.
The bill was given second reading by the Clerk.
Mr. Beck noted that this property had recently been annexed. He
said approval of the request had been recommended by the staff as well as by
the Planning and Zoning Commission.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
B111-98 was given third reading with the vote recorded as
follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL,
KRUSE. VOTING NO: NO ONE. Bill declared enacted, reading as
follows:
B112-98 Establishing permanent M-1 and M-C
zoning on property located east of State Route 763 and south of
Prathersville
Road owned by City of Columbia.
The bill was given second reading by the Clerk.
Mr. Beck explained that these are two very small tracts of
land the City acquired as a part of the merger with Water District No. 1. He
said the zoning had been recommended for approval by both the Planning and Zoning
Commission and the staff.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
B112-98 was given third reading with the vote recorded as
follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL,
KRUSE. VOTING NO: NO ONE. Bill declared enacted, reading as
follows:
B116-98 Rezoning property located at 1101
Rangeline Street, owned by the Hinshaw Family Partnership, from
R-3
to O-P.
The bill was given second reading by the Clerk.
Mayor Hindman noted that the Council had received a request
from the applicant's attorney to withdraw the request. Mayor Hindman
said the Council would consider the issue withdrawn.
B117-98 Amending chapter 29 of the City Code
to allow bed and breakfast establishments in the Planned Unit
Development
District.
The bill was given second reading by the Clerk.
Mr. Beck said this had been referred to the Commission by
the Council. He said the Planning and Zoning Commission recommended approval.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
B117-98 was given third reading with the vote recorded as
follows; VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL,
KRUSE. VOTING NO: NO ONE. Bill declared enacted, reading
as follows:
B121-98 Authorizing replacement and relocation
of water mains along Garth Avenue and adjoining side streets,
south
of Business Loop 70; determining the work will be done by City employees
and appropriating
funds.
The bill was given second reading by the Clerk.
Mr. Beck explained that the Master Storm Water Plan called
for the construction of a major storm water system in the Garth Avenue area,
north of Sexton Road. To do so would require the readjustment of some water
lines in the area, and Mr. Beck explained that the Water and Light Department
plans to replace the older lines with new ones, and in some cases with larger
lines of PVC. The estimated cost is $98,915, and would be paid for out
of the water utility funds. He noted that an amendment sheet had been prepared
due to a technical amendment being needed.
Ms. Coble made the motion to amend B121-98 per the amendment
sheet. The motion was seconded by Mr. Campbell and approved unanimously
by voice vote.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
B121-98, as amended, was given third reading with the vote
recorded as follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU,
CROCKETT, CAMPBELL, KRUSE. VOTING NO: NO ONE. Bill declared
enacted, reading as follows:
B132-98 Accepting engineer's final report;
approving Change Order No. 1; and levying special tax assessments
against
property benefitting from improvements to Seventh Street.
The bill was given second reading by the Clerk.
Mr. Beck explained that this construction project had been
completed last year. He asked Mr. Patterson to explain the project.
Mr. Patterson explained that the project consisted of reconstruction
of Seventh Street, between Wilkes Boulevard and Hickman Avenue. The project
was authorized after a public hearing held March 4, 1996. Prior to the
improvement project, he noted that Seventh Street had been an unimproved street
22 feet in width, in a 40 foot existing right of way. He said the roadway
had an asphalt surface with no curb and gutter, and the area was prone to frequent
flooding. The sanitary sewers in the area had been very old with several
problems of record occurring.
Mr. Patterson reported the improvement consisted of constructing
approximately 970 feet of 28 foot wide pavement with curb and guttering, and
four foot sidewalks on each side of the street. Mr. Patterson noted that
approximately 700 feet of storm drainage pipe was installed, along with drop
inlets, in order to correct long-standing storm water drainage problems. There
was also significant upgrading of the existing sanitary sewer lines to eliminate
infiltration and exfiltration from the sanitary sewer system. He pointed
out that the project is located in the Community Development Block Grant area,
and funds were programmed by the Council for use on this project. In accordance
with current City policy, however, abutting property owners are subject to tax
bills for one-half of the normal cost of the local pavement portion of the street. In
this case, that amount had been set at a maximum of $13.25 per square foot. Property
owners who meet residency and income criteria are also eligible to receive Community
Development Block Grants that would pay the entire amount of the tax bill assessments.
Mr. Patterson said the total project cost was $260,008.78,
with $35,721.72 of it being funded by the sanitary sewer utility for the work
associated with upgrading the sewer lines. If tax bills are assessed as
proposed, this would generate approximately $24,446.38 in revenue, and the remaining
$199,840.68 would come from the Community Development Block Grant funds.
In order to levy the special assessments, Mr. Patterson said
it will be necessary for the Council to determine there have been benefits accrued
to the adjacent properties by an amount at least equal to what is being proposed
for assessment. In making that determination, the Council may wish to consider
that there has been new curb and guttering installed which assists in the management
of storm water run off, extensive storm water drainage facilities were installed
to eliminate local flooding problems, and the curb and guttering also increases
the appearance and maintainability of the abutting properties. He said
new driveway approaches were constructed which provides improved access to properties,
and the improved street surface would provide for less wear and tear on the private
vehicles using the street as a primary access to the properties. Because
of the new street surface, Mr. Patterson said the City would be able to provide
better maintenance on the street, particularly in snow removal and street cleaning
efforts. In addition, the abutting properties are no longer subject to
a potential of up to $2.00 per year for tax bill maintenance when streets are
constructed to improved standards.
Mayor Hindman opened the public hearing.
Bill Moyes, 2730 Braemore Road, spoke as Chairman of the Board
of Trustees of the Wilkes Boulevard United Methodist Church located at the corner
of Seventh and Wilkes. He said the City had asked for and received an easement
to construct the new drop inlet and install a new storm sewer to Seventh Street. This
is located 50 feet back on the church's property. In the process, Mr. Moyes
said an existing old storm sewer box was disclosed. He said the City removed
the cap and filled the box in the portion from the drop inlet to Seventh Street,
but refused to do the same with the box extending from the drop inlet to the
church. He said the excuse had been that this is not an active storm sewer
so the City was going to abandon it. Another time it had been stated that
it was not a City storm sewer. Mr. Moyes found in the archives of the Western
Manuscripts at the University an engineer's drawing made in 1960 at the request
of Hirst John. He said the drawing distinctly shows the concrete box running
from Seventh Street to Wilkes Street, with all related elevations shown. Mr.
Moyes said the City told him the equipment did not cross the box on the Church's
side of the outlet. Although, he personally observed a backhoe and front-end
loader with asphalt and concrete and a filled gravel truck across it. Mr.
Moyes reported the City had done a fine job on the street and it improved the
area tremendously. He said it is a beautiful street and the church appreciates
it, but they felt there should be some reduction in the tax bill because they
would have to complete what the City did not do -- fill the sewer in with gravel
and pave over it.
Mr. Patterson said this had been a topic of considerable discussion
during construction. He said the staff had researched it sufficiently to
feel very comfortable there is not a public responsibility here. He said
there was, in fact, a storm drain that crossed the lot at one time, but whether
or not it belonged to the public was impossible to tell. He said it was
obviously abandoned because the only attachment to it is the church building
(the church is built over the old storm drainage). He said if it had remained
a public storm sewer, it would have been an easement which the church could not
have built over. At this point, Mr. Patterson said the only things connected
to the sewer are down spouts from the church, and staff refused to take public
funds and expend them on private property as part of the project. Mr. Patterson
felt staff had tried in every way to be accommodating, but the City could not
go on private property and repair and reconstruct a portion of a line that is
used solely for one purpose -- the church.
Mr. Campbell asked if the drawing Mr. Moyes was referring
to was a City of Columbia drawing. Mr. Moyes said the City could find no
record of it.
John Clark, 403 N. Ninth Street, President of the North Central
Neighborhood Association, thanked Mr. Hancock and his department for scheduling
a pre-project meeting. He said residents felt that resulted in a much better
project and probably a significant savings in planning time and money to the
City. Mr. Clark commented that Public Works had also done a very good job
in executing and supervising the project.
Mr. Clark asked if the $24,000 in tax billing was subject
to relief for people who meet various income guidelines. Mr. Patterson
said that was correct, and it is possible that all tax bills could be subject
to grant relief. Mr. Clark asked how people could apply for that relief. Mr.
Patterson said residents would need to contact the Planning Department. Mr.
Clark asked if the guidelines are mailed out with the tax bills. Mr. Patterson
said he was certain they were.
Mayor Hindman closed the public hearing.
Mr. Janku said he noticed two new homes under construction
on Seventh Street, and at least one other home undergoing renovation. In
addition, there are a lot of other homes showing evidence of being recently improved. He
commented that there is a lot of competition for Community Development funds
each year, and is hopeful the City could work on at least one or two more streets
this year such as this one. Mr. Janku reported the impact is very positive
on the older neighborhoods.
Ms. Coble noted that she had met with Mr. Moyes last summer
and they had talked a great deal trying to reach some resolution. She said
it seemed as though the situation could not be resolved to everyone's satisfaction. It
was her understanding that a lot of effort had been put into it and that the
staff was working diligently. She said the members of the church and the
Board of Trustees had also been very cooperative.
B132-98 was given third reading with the vote recorded as
follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL,
KRUSE. VOTING NO: NO ONE. Bill declared enacted, reading as
follows:
(A) Stormwater drainage improvements in the Glen Eagle Drive and Royal Lytham Drive area.
Item A was read by the Clerk.
Mr. Beck explained that this improvement is in the Mill Creek
drainage area. He said it is a high priority project with an estimated
cost of $122,000. He noted that it would replace some existing corrugated
metal pipe in the area with a larger concrete box culvert.
Mr. Patterson displayed the location on the overhead. He
said an exhibit had been attached to the report illustrating more specifically
what is planned. He said staff participated in several meetings with property
owners and representatives of the Country Club of Missouri. He noted the
drainage exits to the creek along one of the fairways and tee boxes. Mr.
Patterson said staff felt there was consensus with everyone associated with the
project and the City could move forward. The project would be paid from
stormwater utility funds.
Mr. Kruse said he was glad to see forward movement on this
project because he has had calls from constituents, including one at 3:00 a.m.
during a heavy storm with a request for him to come and witness the problem.
Mr. Kruse made the motion that the staff be directed to proceed
with the project. The motion was seconded by Mr. Janku and approved unanimously
by voice vote.
OLD BUSINESS
B115-98 Approving the final plat of The Terebinths,
Plat III.
The bill was given second reading by the Clerk.
Mr. Beck noted that this plat had been defeated at the February
16th meeting. He said the applicant had requested reconsideration for approval.
Comments were called for with none received.
B115-98 was given third reading with the vote recorded as
follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL,
KRUSE. VOTING NO: NO ONE. Bill declared enacted, reading as
follows:
B118-98 Voluntary annexation of property owned
by the University of Missouri located on both sides of New
Haven
Road, east of city limits.
The bill was given second reading by the Clerk.
Mr. Beck noted a public hearing had been held on this annexation,
as well as the next two, at the last meeting. This particular tract consists
of 1,465 acres. At the previous meeting, there had been a question raised
regarding City staff performing the work on the legal descriptions. Mr.
Beck explained that staff, for a number of years when there was a Council initiated
annexation, actually prepared the legal descriptions, regardless of the size
of the tracts. He said this description was actually placed on the ballot. In
the case of most voluntary annexations, property owners want to develop the property,
so they hire a private surveyor to do so. He said this language (after
it has been reviewed by the staff) is used by the City to describe the boundaries
of the city limits in the Code of Ordinances. In this case, Mr. Beck said
to his knowledge there is no proposed development for this piece of University-owned
property so, therefore, they did not hire surveyors to develop something that
could be used for a subdivision plat. He said these were treated very similar
to other properties when the City was initiating the annexation.
Mrs. Crockett understood with the road going down the middle,
the City would maintain it. Mr. Beck said this is correct, unless an area
is traded with the County where there is another half road. He said it
depends on the efficiency of maintaining it. This trade-off occurs to provide
the best use of the available equipment.
B118-98 was given third reading with the vote recorded as
follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL,
KRUSE. VOTING NO: NO ONE. Bill declared enacted, reading as
follows:
B119-98 Voluntary annexation of property owned
by the University of Missouri located on both sides of Sinclair
Road,
south and west of City limits.
The bill was given second reading by the Clerk.
Mr. Beck explained that this tract contains approximately
488 acres.
Mrs. Crockett asked about sewer lines in the area. Mr.
Patterson said he was sure there were some in the area, although he did not have
specifics. He said the policy would be to take them in the individual drainage
basins to the 80 acre point. Mrs. Crockett asked if the lines needed to
go through University property, whether the University would pay the expense. Mr.
Patterson said the policy was for the City to take it to the 80-acre point as
part of the sewer utility cost. He said the City does not take it beyond
that point unless there is a sewer district involved. Anything new, development
above the 80-acre point, is installed by the developer. Mrs. Crockett asked
what would happen if someone wanted to annex adjacent to the University property. Mr.
Patterson said if it was an 80 acre point line, it would be a public responsibility
just as it would be if it was private property. He said this area is not
likely to be one of the high priority 80 acre points because that is always subject
to the money available for it.
B119-98 was given third reading with the vote recorded as
follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL,
KRUSE. VOTING NO: NO ONE. Bill declared enacted, reading as
follows:
B120-98 Voluntary annexation of property owned
by the University of Missouri located south of the Concorde
Office
and Industrial Plaza Subdivision, south of City limits.
The bill was given second reading by the Clerk.
Mr. Beck noted that this is the smallest of the three tracts
owned by the University, containing less than an acre.
Comments were called for with none received.
B120-98 was given third reading with the vote recorded as
follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL,
KRUSE. VOTING NO: NO ONE. Bill declared enacted, reading as
follows:
B123-98 Authorizing amendment #1 to the City/MU fiber optic agreement.
The bill was given second reading by the Clerk.
Mr. Beck explained that this agreement would allow the University
to add some service points to their already leased strands of wire.
Comments were called for with none received.
B123-98 was given third reading with the vote recorded as
follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL,
KRUSE. VOTING NO: NO ONE. Bill declared enacted, reading as
follows:
B124-98 Authorizing an agreement with First
Night for sponsorship of New Year's Eve celebration;
appropriating
funds.
The bill was given second reading by the Clerk.
Mr. Beck said he and Mayor Hindman had met with the First
Night group. He said this agreement would authorize an expenditure of $1,875
to provide staffing to help plan for this year's First Night event. As
the new budget comes before the Council, Mr. Beck said the request from this
group would be reviewed by staff and sponsorship would be considered at that
time.
Suzanne Hughes, spoke in support of City sponsorship of First
Night Columbia. She said when the City participates in this type of program,
they offer citizens the option of having a celebration downtown that is both
really fun and also very safe. She thought safety is something that needed
to be looked at very carefully for New Year's Eve because it is a high risk night
of the year.
Mayor Hindman said he attended the event last year, and it
was very successful in making New Year's Eve a safe night out. He thought
it was very enjoyable and it could be justified under several categories, with
public safety being a very significant one.
Mr. Janku said he had attended this event for a number of
years and agreed public safety is a very important factor.
B124-98 was given third reading with the vote recorded as
follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL,
KRUSE. VOTING NO: NO ONE. Bill declared enacted, reading as
follows:
B126-98 Authorizing acquisition of land located at Rangeline and Wilkes for recreational purposes.
The bill was given second reading by the Clerk.
Mr. Beck explained that this would authorize the purchase
of property and would expand the park area by Field School.
Mr. Janku said that an amendment had been submitted by the
property owner to add the phrase "part of the property" to the language concerning
condemnation or negotiation.
Mr. Janku made the motion that B126-98 be amended by changing
Section 3 and Section 5 to add all or part of after the word "acquire" in each
of the Sections. The motion was seconded by Mr. Kruse.
Mr. Campbell asked how staff would determine what was an appropriate
part of the property. Mayor Hindman thought it could be left up to the
staff to a certain degree.
Mr. Janku said when this ordinance was previously defeated,
there had been a suggestion that there was a way this could be resolved where
the property owner could retain part of the tract for his business, and there
would still be a recreational area that would be satisfactory. He thought
the Council should get input from the staff and the property owner to see what
could be worked out in order to have a mutually acceptable resolution of the
issue at some point. Mr. Janku had no preconceived ideas that it has to
be in a certain alignment, he just wanted to see an effective park established
in the area.
Mr. Beck said acquisition of the property would add to an
existing park facility. He said staff had developed a couple of alternatives
in previous discussions with the property owner. Mr. Beck suggested that
staff provide a report on these alternatives for Council review so a determination
can be made on how much of the property to pursue for park purposes. Mr.
Campbell agreed with that approach.
The motion to amend, made by Mr. Janku, seconded by Mr. Kruse,
was passed unanimously by voice vote.
John Clark, President of the North Central Neighborhood Association,
requested that the Council adopt Alternative A, which is to proceed with the
acquisition of the entire site -- including the buildings. He said then
the association would like everyone (the City, the neighborhood, and the school)
to work together to plan a safe and enjoyable park that can be used by students,
neighbors, residents, and the people who work in the area. Mr. Clark noted
that the site, taken as a whole, is quite small. He said if the Council
should favor Alternative B (to pursue action of part of the property) the association
would still request the adoption of Alternative A to create a better bargaining
position for negotiation with the owners. Mr. Clark noted that the association
understood that acquisition of the entire site would expend a larger portion
of the Block Grant funds that have been allocated to this project. He said
the neighborhood association is comfortable with that.
Betty Cook Rottmann, 1200 Coats, said she and her family had
moved to the area in 1945. She said there used to be a park in the neighborhood,
but it was demolished and the ground had become Hickman High School's Sports
Field (the park was never replaced). When the neighborhood association
held open sessions to determine their goals, Ms. Cook Rottmann was delighted
to see that a neighborhood park was among those goals. She said the Field
School Playground Committee has been concerned that they have one of the smallest
recreation areas of any of the Columbia schools. She said they had appeared
twice before the Community Development Block Grant Commission to appeal for funds
to purchase land for a park. Funds were recommended and, in fact, the requested
amount had been increased and was approved by the Council. Ms. Cook Rottmann
said this is another example of the need to erase inequities in care for inner
city youngsters. She appealed to the Council to complete, by whatever they
found the wisest means, the commitment the City has made to a Field Neighborhood
Park.
Lana Jacobs, 913 Rangeline, said she was not necessarily opposed
to a park, but has a problem with this particular corner for a number of reasons. One
reason is that there is an increased amount of activity on the block in the last
couple of years due to their close proximity to a couple of businesses that have
created more prostitution in the area. She said unless a 24 hour police
officer could be guaranteed at the park, she thought it would be a very unsafe
place. While residents appreciate the playground and basketball court across
the street for the children in the neighborhood, Ms. Jacobs reported at night
there are a lot of adults going over there to gamble and fights are breaking
out. As a person living in a free country, Ms. Jacobs said she is concerned
about the concept of eminent domain. She said the City had the opportunity
to buy the property at the time the Hinshaw's purchased it. Ms. Jacobs
thought the Hinshaw's should be able to do what they want to with the property.
Linda Roots, 807 N. Eighth Street, founder and first president
of the North Central Columbia Neighborhood Association, said in 1993 when the
association was first organizing, the comments in the newspaper had not been
kind. She said the Tribune had referred to the area as slum land. She
said the association had been told it would be an uphill battle and that private
investment by people wanting to upgrade their property seldom occurs when an
area is in decline. Ms. Roots reported now the glass is half full -- there
are new streets, sidewalks, water mains, electric and gas lines, sanitary sewers,
and storm water work. She said there has also been a great deal of new
construction and renovations in the area. Home ownership is up, with over
50% owner occupancy on Coats and Fairview. Ms. Roots said now residents
need a park. The School District has built a great media center at Field
School, and an old parking lot was purchased and developed into a basketball
court. She said that work had been done in anticipation of an expanded
partnership with the City. Ms. Roots stated Columbia has a great Parks
Department and a new Community Policing program and she is confident this small
area would be safe.
Mr. Janku thought an excellent park could be created in this
area and that input could be obtained from the Parks and Recreation staff, the
School District, the neighborhood and the adjoining property owners, as well
as from the property owner of the lot. He also felt the public safety issue
could be addressed. Mr. Janku said the fact that it would be a City cooperative
facility with the School District may well assist in that matter. He thought
this would provide some options that might not otherwise exist. Mr. Janku
noted that the Council had received letters in support of the project from Columbia
College and the Voluntary Action Center.
Mayor Hindman thought the bill, as amended, would have a lot
to commend it. He thought the park idea was a good idea and supports the
notion of expanding school grounds to create one. He believed the neighborhood
would benefit by the park. In addition, Mayor Hindman thought the existing
building on the property was an interesting one, and that it could be made into
a neighborhood improvement if properly used. He said if the Council passed
the ordinance, it would create an opportunity to develop something that would
provide the community with a quality park which would be an amenity to the neighborhood.
Mr. Campbell agreed with Mayor Hindman, but he had some lingering
questions in his mind because future use of the building could strongly affect
the viability of the park. As the plans are developed, he is hopeful that
perspective would be worked into the planning horizon.
Mr. Kruse said the notion that the park should not be expanded
because there have been some problems in the neighborhood he found puzzling at
best. He said there are problems in all of the parks, but he would never
suggest closing them or not expanding them if given the opportunity. He
also agreed with the idea that the building might have some appropriate neighborhood
uses in the future, whether this is done privately or publicly. Mr. Kruse
said the flexibility the amendment provides is good, and he plans to support
it.
B126-98, as amended, was given third reading with the vote
recorded as follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU,
CROCKETT, CAMPBELL, KRUSE. VOTING NO: NO ONE. Bill declared
enacted, reading as follows:
B130-98 Appropriating funds for repayment
to Environmental protection Agency as a result of a 1993 audit of
federally
funded sanitary sewer projects.
The bill was given second reading by the Clerk.
Mr. Beck said this would close out a large program from some
years ago. He said there had been an initial audit and it appeared that
all of the paperwork was in place. This had been followed by an additional
audit and there was a differing of opinion of about $285,000. Mr. Beck
said he and Mr. Patterson had appealed that decision at a hearing in Kansas City,
and were now in the position of closing it out with a differential of $73,350.
B130-98 was given third reading with the vote recorded as
follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL,
KRUSE. VOTING NO: NO ONE. Bill declared enacted, reading as
follows:
B131-98 Authorizing an agreement with Allstate
Consultants P.C. for design of the Hinkson Creek Trail Phase II
project.
The bill was given second reading by the Clerk.
Mr. Beck explained that this is another step in the City's
trail program. A consultant would be hired to develop the detail and technical
work of the design for this segment of the trail. This phase is about one
mile in length -- between Capen Park and the eastern boundary of the University's
Hinkson Creek recreation area.
Mayor Hindman is delighted to see this project move forward. He
noted when it is completed, this would establish a very nice branch from the
MKT Trail.
B131-98 was given third reading with the vote recorded as
follows: VOTING YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL,
KRUSE. VOTING NO: NO ONE. Bill declared enacted, reading as
follows:
CONSENT AGENDA
The following bills were given second reading and the resolutions
were read by the Clerk.
B113-98 Approving final plat of Shelter Insurance
Subdivision.
B114-98 Approving final plat of Hanover Plaza,
Plat 5.
B122-98 Accepting conveyances for water and
electric purposes.
B125-98 Appropriating funds for funding of
the 1997 Missouri Fall Festival.
B127-98 Accepting a donation from Rick and
Sally McDowell for the purchase of police equipment;
appropriating
funds.
B128-98 Appropriating funds for the purchase
of pawn inventory/law enforcement tracking system software and
maintenance.
B129-98 Calling for bids to construct sidewalks
along Berrywood Drive, along south side of Business Loop 70
and
along north side of West Worley Street.
B133-98 Authorizing acquisition of easements
and land in fee simple to construct the Mill Creek/Rockbridge
Subdivision
storm water drainage improvement project.
B134-98 Accepting certain streets for public
use and maintenance.
R96-98 Setting a public hearing:
annexation of property located on the east side of State Route KK, south
of
Mill
Creek owned by Ray and Elsie Smithson.
R97-98 Setting a public hearing:
annexation of property located on the south side of New Haven Road, east
of
the
City limits, owned by the United States of America.
R98-98 Setting a public hearing:
annexation of property located on the east side of Scotts Boulevard, south
of
Hinkson
Creek, owned by Loren David Baurichter.
R99-98 Setting a public hearing:
annexation of property located on the east side of Grant Lane, south of city
limits,
owned by Steve and Gabrele Pueppke.
R100-98 Setting a public hearing: revisions
to the plans for a skateboard facility in Cosmo Park.
R101-98 Authorizing an agreement with the Missouri
Department of Health for public health services.
R102-98 Authorizing an agreement with the Central
Missouri Humane Society.
R103-98 Authorizing an amendment to the agreement
with Community Playground, Inc.
R104-98 Accepting an emergency shelter grant
from the Missouri Division of Family Services and authorizing
agreements
with three social service agencies.
Mayor Hindman noted that Mr. Campbell had earlier mentioned
the gift from the McDowell's (B127-98). The Council expressed their
appreciation.
The bills were given third reading and the resolutions were
read with the vote recorded as follows: VOTING YES: COFFMAN,
HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE. VOTING NO: NO
ONE. Bills declared enacted and resolutions declared adopted, reading as
follows:
NEW BUSINESS
R105-98 Authorizing various Adopt A Spot agreements.
The resolution was read by the Clerk.
Mr. Beck explained that these persons and companies were the
latest to be added to the list of Adopt A Spot agreements.
Mr. Kruse said he was excited to see the program growing. Regarding
the projects across from Forum Shopping Center, he asked about the section of
abandoned roadway and wondered if it was tied up in court. Mr. Patterson
confirmed this property is part of a court case.
The vote on R105-98 was recorded as follows: VOTING
YES: COFFMAN, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE. VOTING
NO: NO ONE. Resolution declared adopted, reading as follows:
The following bills were introduced by the Mayor, unless otherwise indicated, and all were given first reading:
B135-98 Vacating a sanitary sewer easement.
B136-98 Accepting conveyances for sewer, street
and utility purposes.
B137-98 Authorizing an agreement with Ameren/UE
for transmission service at Sikeston Plant.
B138-98 Accepting grant of easement for water
and electric purposes from Casey's Marketing Company.
B139-98 Accepting conveyance for utility purposes
from John W. and Renate S. Brady and Francis C. Cline.
B140-98 Accepting various conveyances for utility
purposes.
B141-98 Approving a revision to the C-P Development
Plan for the Milo H. Walz Home Furnishing Center.
B142-98 Rezoning property 21 Fourth Avenue
from District R-2 to District O-P.
B143-98 Amending Chapter 14 of the Code to
set speed limits on the west outer road along west side of State
Road
163 at 35 MPH.
B144-98 Amending Chapter 27 of the Code to
require prorating of the monthly charge for water and electric
utility
service fees.
B145-98 Amending Chapter 27 of the Code as
it pertains to seasonal water and electric charges.
B146-98 Amending Chapter 22 of the Code as
it relates to charges for sewage service.
REPORTS AND PETITIONS
(A) Intra Departmental Transfer of Funds Request.
Report accepted.
(B) Street Closure Requests.
Mr. Beck summarized the list of requests for street closures
from the Old Wheels Car Club, the United Methodist Church West, and the Tribune
Publishing Company. He pointed out that the SBD and the CCA did not
oppose the closings. Mr. Beck noted that most of the requests are usually
annual events.
Mayor Hindman made the motion that the requests be approved
as presented. The motion was seconded by Mrs. Crockett and approved unanimously
by voice vote.
(C) Speed Limit Sign Beacons - Mill Creek Elementary School Zone.
Mr. Beck explained that the Police Department has received
numerous complaints regarding speeding in the Mill Creek School area. There
had been a review of the area and a substantial number of tickets were issued. The
Police staff, working with the Public Works staff, has suggested speed limit
sign beacons similar to those at Smiley Lane in the area near Derby Ridge
School. Mr. Beck said the estimated cost is about $5,700 and it would
be paid for from the annual budgeted amount set aside for traffic calming
devices. This particular location had not been on a list, but the money
can be taken from those funds.
Mayor Hindman asked if any studies had been done linking signals
to any significant impact. Mr. Patterson said when staff prepared the original
report to install signals on Smiley Lane, they had researched various options
with other communities. He said there seemed to be a consensus that beacons
do have some positive affect on the speed of traffic in a school area. He
said staff intends to follow-up with their own studies, but a report has not
been completed as of yet. Mayor Hindman asked if any additional traffic
calming devices, like speed tables or bumps, had been considered. Mr. Patterson
said typically those devices are not installed on high volume streets, and are
not recommended for applications of this nature. Mr. Patterson said staff
would like to initially use the beacons, and if these devices are not successful,
then attempt other solutions. Mayor Hindman said that is reasonable, but
he suspected the street would have to be narrowed.
Mr. Kruse asked if these lights would be flashing during school
hours. Mr. Patterson said they would be. Mr. Kruse said he has received
complaints from people driving through the area who think the speed limit is
too low -- the area where it is posted 30 MPH, between the 40 MPH zone and the
20 MPH School Zone. He said nobody obeys the 30 MPH speed zone, and it
is almost impossible to do so. Mr. Kruse reported the 20 MPH zone starts
at such a distance from the school, and the road is so wide it seems like you
are crawling. He did not see a major hazard to the students until getting
up to the intersection and making a left turn on to Sinclair. He said at
that point, the 20 MPH speed zone is appropriate. Mr. Kruse did not think
the City would see any compliance.
Mr. Beck suggested putting the flashing beacon in close to
the crosswalk. He asked where the beacons would be installed. Mr.
Patterson said the locations are shown on the drawing attached to the report. Mr.
Beck asked how far it was from the intersection. Mr. Patterson said it
was on either side of the school property. Mr. Beck asked if there is a
standard in the manual specifying where the 20 MPH zone starts to the east. Mr.
Patterson said there are design parameters on it. Mr. Beck said he could
see where there would be a real problem holding a speed of 20 MPH for that distance. Mr.
Patterson said that was discussed with the school officials, and they had felt
strongly that it should be set at that speed during school hours.
Mr. Kruse said there were very few students that walk along
the sidewalks that are anywhere near this intersection. He said kids are
primarily bused to school, or parents drop them off and pick them up. He
said the problem is an enormous number of automobiles pulling into the parking
lot to pick up their kids. He said it creates a major traffic jam. Mr.
Kruse suspected school officials knew best, so he would not object at this time,
but would keep everyone apprised.
Mr. Patterson noted that the speed limit would not be changed,
the beacons would only make it more visible.
Mr. Beck thought the enforcement had raised a question as to the distance
it is being enforced. Chief Botsford said his department receives an exorbitant
amount of complaints from residents who live in the area about people speeding
through the school zone. He said it is always an inherent conflict when
schools are adjacent to heavily used streets. He thought it is the community's
responsibility to come down on the side of the children. He said 20 MPH
is a standard, although an argument could be made as to how far (distance) it
should be enforced. The school officials and the PTA representatives felt
very strongly about having the speed enforced all day long as opposed to a few
hours on each end of the school day.
Mayor Hindman made the motion that the staff be directed to
proceed with the installation of the beacons. The motion was seconded by
Mrs. Crockett and approved unanimously by voice vote.
(D) Greenbelt Derby Ridge Subdivision Lots.
Mr. Beck explained that this subdivision is just north
of Blue Ridge Road on the west side of Bear Creek. He said the platted
subdivision has deep lots of 300 feet that back up to Bear Creek. He
said Mr. Janku had suggested some planning to decide whether or not an area
could be set aside for the greenbelt prior to development of the lots. He
explained the different options. At this point, the City has obtained
an appraisal of all of the lots combined, but not on the 100 foot strip. He
said it would be difficult to determine the cost if the Council wanted to
proceed with the 100 feet or with the entire lot unless the value of the
100 foot strip was known. He said he had asked the staff to get an
appraisal opinion as to the value of the strip so there would be some idea.
Mayor Hindman said he had looked at the lots and the fronts
of them look buildable, but the backs appeared to be in the flood plain. He
noted these are very deep lots. Mr. Janku added that there is a very thick
tree line between the creek and the buildable part of the lot. Mayor Hindman
said the option of buying the lots and the City using it as parkland was probably
not of interest. He asked if the Council could leave it to the staff to
use that which is most cost effective of the remaining three alternatives.
Mr. Beck said staff would have to come back to the Council
with an acquisition ordinance at some point. He thought it was desirable
to move fairly fast.
Mr. Janku said a sidewalk was built along the property, and
four of the five lots are subject to tax bills. On the other side of the
creek, the property owner elected to convey an unbuildable lot to the City rather
than pay the tax bill for the sidewalk. He wondered if something similar
might be accomplished in the negotiation process. He saw no need for the
full lot and felt the 100 foot maximum would be fine.
Mr. Campbell said he would like to see what a recreational
easement would cost and how effective such a thing might be.
Mayor Hindman made the motion that the staff be directed to
explore the most cost effective way of obtaining an adequate recreational easement
through the property. The motion was seconded by Mr. Janku and approved
unanimously by voice vote.
(E) Grant School Playground Project.
Mr. Beck said there had been a donation of some funds
toward a joint project. He said the Council had discussed the need
for staff to determine how this would fit into the overall neighborhood park
plans. He said joint projects provide better justification for using
public funds on school property. He said staff had reviewed the issue
and felt this project would fit within the neighborhood plan. The Parks
and Recreation Commission also recommended the City should proceed with the
project. Mr. Beck said contingency funds ($117,000) had been set aside
in the CIP and the playground equipment could be paid for out of that account. He
said if the Council chose to proceed as outlined, an ordinance would be prepared
for Council review.
Mr. Campbell noted that the Council and staff had been working
on this issue for more than a year now, and this project is something badly needed
in the area. He suggested proceeding as soon as possible.
Mayor Hindman thought the project is a good idea and he hoped
this is the first of many small areas neighborhoods could have to call their
own -- areas they can walk to with their families.
Mr. Campbell made the motion that the staff be directed to
proceed. The motion was seconded by Mr. Janku and approved unanimously
by voice vote.
(F) Local Use Tax Issues.
Mr. Beck noted that the City had received $4,054,556.33
from the Department of Revenue in the form of local use taxes. He said
when the City received the money, he had advised the Council that these funds
not be incorporated in the budget. He said a letter had just been received
estimating the City's refund liability to be $1,861,785.00. That amount
includes the interest the state is required to pay back to the companies
that are requesting a refund. Mr. Beck said he had discussed the pay
back with the Finance Director, and whether or not it should be paid back
in a lump sum. The method of payment had to be sent back last Friday,
which did not allow the opportunity for the issue to be brought before the
Council. Mr. Beck reported it had been suggested to the state that
staff would recommend to the Council that the City pay back a lump sum and,
if the Council did not agree to those terms, the state would be so notified. He
said the state would be determining how much savings they would have with
a lump sum payment from quite a few cities throughout the state. He
said there is a possibility that some savings could be divided up amongst
those cities. Mr. Beck noted there would be $2,193,000.00 that would
not have to be paid back. Mr. Beck suggested that the funds be expended
for a one time purpose as it would not be a continuing revenue to the City.
Mayor Hindman made the motion that the staff be directed to
proceed as proposed. The motion was seconded by Mrs. Crockett and approved
unanimously by voice vote.
Mr. Kruse asked when the Council would discuss what to do
with the remaining money. Mr. Beck suggested it be discussed at the annual
Council retreat or during budget hearings.
BOARDS AND COMMISSIONS
None.
COMMENTS OF THE COUNCIL, STAFF, AND PUBLIC
Mr. Janku said a few meetings back the Council had a discussion
about the need for sidewalks in conjunction with previously platted property. He
asked for a staff report because there are a lot of different issues that need
to be evaluated.
Mr. Janku made the motion that staff report back on the issue
of reviewing policy dealing with sidewalks on previously platted properties where
sidewalks are not required at the time of platting. The motion was seconded
by Mayor Hindman and approved unanimously by voice vote.
Mr. Janku said when the Council had discussed the loan forgiveness
for THA at the last meeting, it was noted that there is $48,000 in CDBG funds
that had not been allocated. He asked if that money could be allocated
to the housing rehabilitation program because of their back log. Mr. Beck
said staff could look into it.
Mr. Kruse noted that at the intersection of Larail and Burrwood
a new house had just been built. He said a sidewalk has been built in front
of the house and there are currently two sections (20-30 feet) on either side
of Larail where there is no sidewalk. He said only a small amount of sidewalk
would be needed to fill in the system. He asked for a report back.
Ms. Coble made the motion that the staff be directed to prepare
a report to the Council that would outline the City's position on a proposal
by the Islamic Center. The motion was seconded by Mr. Kruse.
Mr. Janku said he would support it and was hopeful the Council
could evaluate it and make suggestions towards solving any problems.
The motion made by Ms. Coble, seconded by Mr. Kruse, was approved
unanimously by voice vote.
Mayor Hindman noted that copies of plats that the Council
receives in the packets are sometimes difficult to read. He asked if these
copies could be larger than letter size to allow for bigger print.
Mr. Beck said it would be helpful if the street names could
be printed larger as well.
Mr. Campbell said when he was on the Planning and Zoning Commission,
members received large foldouts. He did not want to receive something like
that. Mayor Hindman agreed that would not be necessary, but one step larger
then what is currently used would be helpful.
Mayor Hindman said sometimes there are discussions in the
Planning and Zoning meeting minutes that mentions streets and other things that
do not show up on what the Council is given in their packets. He asked
if when the maps are prepared, whether a larger area could be shown that would
include the areas under discussion.
Mayor Hindman explained that Stephens College is working very
hard on establishing a pedestrian campus. He said there are two problem
areas on campus where crossing streets is difficult for the students. He
asked the staff to look into them. One trouble spot is located at Dorsey
across Broadway. He said although there is the overpass by College Avenue,
hundreds and hundreds of Stephen's students cross Broadway every day at this
location on campus. He thought some sort of traffic calming device was
needed, with perhaps islands in the center of Broadway. Mayor Hindman reported
the other problem location is on Walnut Street. The dorms are on one side
of the street and the main campus is on the other side. Mayor Hindman stated
some sort of system needs to be developed where the cars have to stop and let
the students cross. He suggested looking at designing a crosswalk that
might have a speed table.
Mr. Beck wondered if there has been any encouragement to educate
the use of the overpass.
Mayor Hindman made the motion that the staff be directed to
look into what might be done to improve the pedestrian crossings at the two locations. The
motion was seconded by Mr. Kruse and approved unanimously by voice vote.
Mayor Hindman said he had been approached about the issue of the Club Vogue
type of establishment in the downtown area. He is concerned about the possibility
of this occurring, and had been given a copy of a survey made of downtown owners
who are also very concerned. He wondered about the possibility of a moratorium
while looking into what could be done about this type of business being established
in downtown.
There was a discussion about a moratorium for the City as
a whole, not just the downtown area. Mr. Boeckmann said the Council could
more easily initiate such for other areas of the City that do not have anyone
looking to start a business. He did not know how far this thing had gone
-- how much money had actually been expended, or if building permits have been
granted. He said there may be some vested rights for an individual. Aside
from that, Mr. Boeckmann thought the Council could establish a moratorium that
was not of great length. However, Mr. Boeckmann also thought it is important
for the Council to act quickly, while at the same time requesting that staff
and the Planning and Zoning Commission work on a zoning ordinance.
Mr. Janku asked if the validity would be any different if
it was citywide versus a specific area. Mr. Boeckmann did not think so.
Mr. Campbell said there was no such specific code that would
require a business to obtain a certain license for this type of activity. He
is not sure what the Council would be declaring a moratorium on. Mr. Boeckmann
said Mr. Campbell was correct, and enforcement would be a problem, but a business
license would still be needed. Mr. Campbell asked if this type of operation
has to be specified on a business license application. Mr. Boeckmann said
he thought the license would be that specific. Mr. Patterson said the City
would have to verify zoning, so the applicant would have to have an itemized
statement of what the intent is. He thought the issue here was that it
would be a no alcohol situation. He said the City has more control when
alcohol is being served. Mr. Campbell thought the business in question
is a proposed "strip joint" with alcohol being served. Mr. Patterson said
there would have to be a notification of liquor sales on the license application. Mr.
Campbell reported the business already has one for part of the establishment.
Mr. Janku said some kind of indication needed to be given
as to what type of activity a moratorium is proposed on. He said it is
not the application for a liquor license, rather it is for a moratorium on a
business of a certain type. Mayor Hindman said the survey was based on
a topless bar or a nude dance club. Mr. Beck said he was told the business
is not necessarily proposing to serve alcohol. Mr. Campbell said he had
first heard that it would be a juice bar with nude dancing, but then he understood
that might not be viable. He said the other thing he had heard was a strip
joint with alcohol.
Mr. Kruse made the motion that the staff be directed to research
the issue and draft an ordinance for a citywide moratorium. The motion
was seconded by Mayor Hindman and approved unanimously by voice vote.
Mayor Hindman said he had noticed several vacant lots in the
Barberry area where there are no sidewalks. He understood that after three
years of having been platted, sidewalks needed to be constructed along the property. He
asked to have the situation looked into.
Henry Lane, 1816 E. Broadway, spoke about an ordinance that
had first reading this evening that would prorate the minimum monthly charge
for water, electric, and sewer. He thanked the Council for bringing it
forward. He said people have been overcharged in the past and, as far as
he knew, nothing would be done to give those people a refund. He asked
that citizens be allowed to ask for a refund. In addition, Mr. Lane thought
these individuals should be notified of the possibility that they may have been
overcharged in the past. He offered his services to accept the applications
and to calculate the amount of the refund.
The meeting adjourned at 10:00 p.m.
Respectfully
submitted,
Penny
St. Romaine
City
Clerk
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