M I N U T E S
 CITY COUNCIL METING - COLUMBIA, MISSOURI
 MAY 4, 1998

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