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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 12/22/2009MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA DECEMBER 22, 2009 The Regular Meeting of the Ames City Council was called to order by Mayor Campbell at 7:00 p.m. on December 22, 2009, in the City Council Chambers in City Hall, 515 Clark Avenue. Council Members present were Doll, Goodman, Larson, Mahayni, Popken, and Rice. Ex officio Member Keppy was also present. CONSENT AGENDA: Moved by Popken, seconded by Larson, to approve the following items on the Consent Agenda: 1.Motion approving payment of claims 2.Motion approving minutes of Regular Meeting of December 8, 2009, and Special Meeting of December 15, 2009 3.Motion approving Report of Contract Change Orders for December 1-15, 2009 4.Motion approving renewal of the following beer permits, wine permits, and liquor licenses: a.Class C Beer - Casey’s General Store #2298, 428 Lincoln Way b.Class C Liquor & Outdoor Service Privilege - Mangostino’s Bar & Grill, 604 E. Lincoln Way c.Class B Beer - Pizza Pit, 207 Welch Avenue, Suite 201 5.Motion directing City Attorney to draft ordinance defining prior offenses 6.RESOLUTION NO. 09-567 approving and adopting Supplement No. 2010-1 to Municipal Code 7.RESOLUTION NO. 09-568 accepting Abstract of Votes for December 1, 2009, Run-Off City Election 8.RESOLUTION NO. 09-569 approving appointment of Council Member Peter Orazem to Ames Convention & Visitors Bureau Board of Directors 9.RESOLUTION NO. 09-570 approving appointment of Council Member Tom Wacha to Ames Transit Agency Board of Trustees 10.RESOLUTION NO. 09-571 approving appointment of Adam Cotton to fill vacancy on Human Relations Commission 11.RESOLUTION NO. 09-572 approving designation of City representatives to Central Iowa Regional Transportation Planning Alliance (CIRTPA) 12.RESOLUTION NO. 09-573 approving designation of City representatives to Story County E911 Service Board 13.RESOLUTION NO. 09-574 approving COTA Spring 2010 Mini-Grants 14.RESOLUTION NO. 09-575 authorizing Animal Control Officer to approve fee waivers for Animal Control in certain cases 15.RESOLUTION NO. 09-576 approving Change Order No. 3 to Water Treatment Plant 5-Year Well Rehabilitation Project in the amount of $10,204.30 16.RESOLUTION NO. 09-577 accepting completion of Resource Recovery Plant Non-Ferrous Metals Recovery System Installation Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: No one wished to speak during this time. DONATION OF ABANDONED UNION PACIFIC RAILROAD BRIDGE (postponed from 11/24/09): Public Works Director John Joiner noted that initially the Union Pacific Railroad (UPRR) had requested that its offer to donate the abandoned railroad bridge over Squaw Creek be accepted or rejected by November 25, 2009. The City Council had requested an extension to this meeting, which was granted by the UPRR, to allow time for staff to get an estimate of what the necessary safety improvements would cost. The engineering firm of WHKS was hired to conduct the structural analysis of the bridge and ascertain approximate costs. The report indicated that the 2 bridge was structurally sound for use by pedestrians, but it recommended that certain improvements be completed before trail connections would be constructed. The engineer’s estimate for those improvements and to make east-west connections to the City’s existing trail network was $157,000. Additionally, a new public crossing agreement for the extra width at the Hazel Avenue railroad crossing would be required from the UPRR, which was estimated to cost $48,000 to $72,000 (based on $12,000/8-foot section). The total estimated project cost would equate to $229,000. Mr. Joiner noted that accepting the bridge would still require the City to hire an independent land acquisition company to appraise the donation so that the UPRR could use it for tax purposes. The cost of an appraisal is estimated at $5,000. According to Mr. Joiner, Ames resident Carroll Marty contacted the City with a suggestion that volunteer labor be used to construct the bridge railing and surface improvements. He estimated that the materials only would cost $12,119.98, but that quote did not include any preparatory work. Director Joiner told the Council that the City Attorney had advised against pursuing the volunteer proposal due to issues about safety, liability, and compliance with state public improvement laws. Director Joiner recalled that the City Council had also asked for cost estimates for widening the current Sixth Street Bridge and for a new stand-alone bike bridge over Squaw Creek. He advised that the cost to widen the bridge was estimated to be $337,000, and the cost for the stand-alone bridge was projected at $646,000. Mr. Joiner presented the brief history of the bridge. He explained the budget implications that could arise should funding be reallocated to this project. Mr. Joiner also noted that if the Sixth Street Bridge over Squaw Creek were replaced at some point in the future, including a ten-foot shared-use path on the bridge would be more cost-effective than widening the current bridge. Director Joiner reported that, on December 14, 2009, the Historic Preservation Commission discussed the donation and supported acceptance of the bridge with the recommendation that the City apply for its inclusion into the National Historic Register. According to Mr. Joiner, the Ames Parks & Recreation Commission also expressed interest in the City acquiring the bridge. Gloria Betcher, 531 Hayward Avenue, Ames, representing the Ames Historic Preservation Commission, referenced a memo that she had sent to the City Council. She believes that if application was made for the bridge to be named to the National Historic Register, the UPRR would be subject to a Section 106 Review. The Review would be done to determine any adverse effects on the historic resource. Ms. Betcher offered the support of the Commission for including the bridge on the National Historic Register. She reported on grant funding possibilities for the preservation of the bridge. Council Member Larson cited his concerns that the City had not had enough time to explore partnership possibilities. He offered that naming this “a gift” was not accurate since there are a lot of costs involved if the City were to accept the bridge. Bill Malone, 229 Main Street, Ames, said that, after hearing the history of the bridge, he became excited that Ames could get control of the bridge. He advised that there is a ground swell of support from local business owners to have a dedicated bike trail from near Main Street to Campus. According to Mr. Malone, the Main Street Cultural District supports the City accepting the donation of the bridge. He also noted that the Sixth Street bridge is not currently adequate for bicyclists. 3 Doug Biggs, 531 Hayward, Ames, said that, as a citizen, he supports the City acquiring the bridge for expansion of the bike trail. He asked the City Council to consider that the structure is currently being used, and if it were not there, it is not known where that pedestrian and bicycle traffic would be absorbed. William Graves, 135 North Russell, Ames, urged the City to accept the donation of the bridge. He said that he uses the bridge extensively. Mr. Graves shared that he has worked at Iowa State University for 17 years and has not once driven to Campus. Nitin Gadia, 3129 Maplewood Road, Ames, said that he and his friends use the bridge. He showed pictures of what had been painted on the bridge. Mr. Gadia had been told that a new railroad bridge would cost $4 to 7 million, so he believes that the amount it would cost to repair the bridge would be a “paltry” sum. According to Mr. Gadia, the bridge had been used for years and years, and no one had been hurt. He said that when the City cares too much about liability and safety, it “is really harming itself.” Richard Deyoe, 508 Eighth Street, #2, Ames, said that he did not think the liability issues were as important as the other issues that had been raised by the previous speakers. William Graves stated that the route over the bridge would take bikers/walkers directly past another majestic site: a row of Sycamore trees. Asked by Council Member Mahayni how many bikers use the bridge, Mr. Graves said that he had not personally biked over the bridge because there are several ties missing. However, he estimated that there are several dozen people/day walking over the bridge even in the winter. Nitin Gadia said that he had talked to Carroll Marty, and both agreed that the City should take the donation of the bridge and not worry about connecting to the trail at this time. Council Member Mahayni asked Director Joiner how much it would cost to dismantle the bridge. Mr. Joiner believes that it would require a substantial effort to tear down the bridge; he estimated that it would be in excess of $200,000. Council Member Goodman noted that, if the City accepted the donation of the bridge, it would be relieving the UPRR of a huge liability. He would like to refer this issue back to staff to explore negotiating with the Railroad to pay for some of the costs since it would cost a substantial amount to demolish the bridge. Director Joiner said that he had discussed possible cost-sharing options with Ms. Mainwaring of the UPRR, due to the liability issues that the Railroad would be absolved of, but she stated that the Railroad was not willing to discuss those options. Council Member Mahayni said that he did not like the fact that the liability would be transferred to the City of Ames. He noted that demolishing the bridge would cost between $100,000 and $200,000, but the UPRR is not willing to work with the City to save the bridge. Mr. Mahayni also stated his objections to the UPRR demanding an answer to their offer before the City had adequate time to investigate all options. Council Member Popken said that the Sixth Street bridge is inadequate for bikers and pedestrians and emphasized the cost of improving that bridge or building a new bridge. It was his desire for the City to accept the donation of the bridge because improving that historic bridge would be more cost- effective than reconstruction of the Sixth Street bridge or constructing a new bridge. 4 Council Member Doll asked if the UPRR was going to secure the bridge; nothing had been done. He reported that he had personally viewed the bridge and it is definitely not safe for people to use. Council Member Larson said that he would like to keep the lines of communication open with the UPRR, specifically to allow time for the City to get through its budgeting process and see where it stood financially. Moved by Mahayni, seconded by Larson, to not accept the donation of the abandoned Squaw Creek Railroad Bridge and adjacent land from the UPRR. Council Member Rice said he was concerned about the negative message that motion sends. He would like the message to be sent that the City is very interested in acquiring the bridge, but needs to continue negotiating. Moved by Larson, seconded by Mahayni, to amend the motion to include direction to staff to continue to talk to the UPRR about its intentions while at the same time working with the Ames Historic Preservation Commission to determine what grants would be available. Vote on Amendment: 6-0. Motion declared carried unanimously. Vote on Motion, as amended: 4-2. Voting aye: Doll, Goodman, Larson, Mahayni. Voting nay: Popken, Rice. Motion declared carried. Moved by Goodman, seconded by Popken, to give the City Manager further direction to continue discussing the donation of the bridge with the UPRR so that the Railroad would contribute a portion of the estimated cost of the demolition to the project, in whatever form of compensation would be agreeable to the parties. Moved by Mahayni, seconded by Rice, to amend the motion to state that the parties would work together to preserve the historic bridge. Vote on Amendment: 6-0. Motion declared carried unanimously. Vote on Motion, as amended: 6-0. Motion declared carried unanimously. REQUEST OF HISTORIC PRESERVATION COMMISSION REGARDING AMES PUBLIC LIBRARY):Gloria Betcher, Chairperson of the Ames Historic Preservation Commission, provided information to support listing the Ames Public Library on the National Register of Historic Places. She said that the Commission was asking the Council to permit the completion of the nomination; she does not believe that this would be complete in the next few months. Ms. Betcher advised that they need the Council’s endorsement so that they can continue the research and background work. She reported that a Determination of Eligibility had already been submitted to the State Historic Society of Iowa (SHSI) for review, and in July 2009, the SHSI had determined that the Library was eligible to be listed. Because that Determination had been made, a Section 106 Review would be triggered. Ms. Betcher said that if the City Council did not support listing the Library on the Historic Register, the project “would be dead in the water,” and the Commission would not pursue completion of the application. Council Member Doll noted that a letter from Library Director Art Weeks had been received requesting that the City Council delay any direction regarding this issue until after February 16, 2010, joint meeting with the Library Board of Trustees. He recommended that the Historic Preservation Commission meet with the Library Board to present information on what is involved. 5 Planning & Housing Director Osguthorpe noted that the Library Board will be meeting on January 29, 2010; this item will be on its agenda, and members of the Historic Preservation Commission will be present at that meeting. Ms. Betcher noted that the National Register listing did not limit the rights of an owner to preserve, alter, or even demolish their property. She reiterated that she is not asking to submit the application; she only wants direction from the Council as to whether she should continue efforts to finish the nomination application. Ms. Betcher said that the City Council will have another opportunity to review the nomination application prior to its submission. She anticipates that the application will not be completed until early Spring 2010. Library Director Weeks and Dudley Luckett, Vice-President of the Library Board of Trustees, were present. Mr. Luckett requested that the City Council defer action on the request to nominate the Library to the National Register of Historic Places until after the Board’s February 16, 2010, joint meeting with the Council. He noted that the Library Board is legally the custodian of the library building, and it wants to make sure that the Listing would be in the best interest of the citizens of Ames. The Board wants time to ascertain what a Section 106 Review entails and to clarify what it means to be listed on the National Register. Mr. Luckett noted that the Library Board will next meet on January 21, not January 29, 2010, as had been stated previously by other speakers. Council Member Rice said that he did not see any harm in making the nomination. Council Member Mahayni disagreed and stated that the Library Board needs to know what placement on the Register would mean. He does not believe that postponing a decision on this item for approximately two months would cause problems for the nomination process. Judith Lemish, 327 South Maple, Ames, cited her support for the nomination application moving forward. She views the Public Library as historic and would like the current City Council to vote on this issue tonight. Moved by Doll, seconded by Mahayni, to postpone this issue until at least the second meeting in February, during which time the Historic Preservation Commission and Planning staff shall meet with the Library Board and the Library Director to discuss concerns before the Library Board meets with the City Council on February 16, 2010. Council Member Popken said that he felt it was reasonable to postpone a decision on this issue to allow the Library Board time to educate itself on what it would mean to be placed on the Historic Register. Council Member Larson said an option would be to support the application moving forward, but that it would not be submitted until after the Joint Meeting with the City Council. Council Member Rice said that he did not see any valid reason to postpone granting approval to move forward with the preparation of the application. Moved by Larson, seconded by Doll, to amend the motion to include direction to put together the application, but not submit it until after the joint meeting. Vote on Amendment: 6-0. Motion declared carried unanimously. Vote on Motion, as amended: 6-0. Motion declared carried unanimously. The meeting recessed at 8:47 p.m. and reconvened at 8:53 p.m. PUBLIC IMPROVEMENTS FOR SUBDIVISIONS: Planning & Housing Director Osguthorpe presented research conducted by staff pertaining to addressing voids in infrastructure improvements, 6 particularly street, sidewalks, and shared-use path connections along the perimeter of subdivisions. Seven other cities were surveyed, and the results were reported by Mr. Osguthorpe. According to Mr. Osguthorpe, there is no one policy change that will ensure that the City does not experience any gaps in its infrastructure in regards to streets, sidewalks, and shared-use paths. He stated that there are relatively few instances where that situation exists along major arterial streets. Public Works Director Joiner noted staff’s findings as far as where there are gaps in infrastructure along major arterial streets. Mr. Osguthorpe presented policy changes that could be considered if the Council desires to take some action to eliminate situations that result in gaps in infrastructure: 1.Require the developer to install infrastructure around the entire perimeter of the plat at one time 2.Have the City install the improvements where the gaps exist 3.City Council orders adjacent property owners to install a sidewalk or four feet of a shared-use path 4.Require sequential phasing of development Mr. Osguthorpe explained that under No. 4, a developer would not be allowed to develop the next phase of a subdivision unless it is adjacent to existing infrastructure. This would prevent “leapfrogging” of infrastructure. City Attorney Doug Marek explained agricultural deferment on assessments for public improvements. Council Member Goodman suggested that the City Council hold a round-table discussion with developers and ask for creative ideas for solving gaps in infrastructure. Council Member Larson recommended that the new Council members be provided the report for possible discussion at their goal-setting workshop. LAND USE POLICY PLAN UPDATE: Director Osguthorpe recalled that after a joint meeting with the Planning & Zoning Commission, the City Council had directed staff to prepare a summary evaluation of growth in Ames since 1997, specifically pertaining to population, housing, and employment. Staff Planner Charlie Kuester presented a status report on the implementation of the LUPP. The report evaluated growth from 1997-2009, evaluated current status and comparison to 2030 projections, and evaluated growth of Ames to other communities in Central Iowa. According to Mr. Kuester, population had grown at approximately twice the anticipated amount. That growth could be attributed in part to an increase in enrollment at Iowa State University, which was not anticipated in the 1997 LUPP. SIDEWALK SNOW REMOVAL POLICIES: Director Joiner introduced Dave Cole, Operations Superintendent. Mr. Joiner stated that this report was in response to a referral made by the City Council in January 2009 that directed staff to explore what other communities were doing to force property owners to make sidewalks passable in adverse conditions. An informal survey of eight cities was conducted. The cities surveyed included Iowa City, Des Moines, West Des Moines, and Ankeny, Iowa; Fort Collins and Boulder, Colorado; Madison, Wisconsin; and Lincoln, Nebraska. A summary of each city’s policies was given. Mr. Joiner reminded the Council that the City’s current policy is complaint-based. The steps taken 7 after the complaint is received were explained. According to Mr. Joiner, of the approximately 100 notices issued during Winter 2008/09, 80 were repeat offenders, and 40 of those violated the Ordinance three or more times during the winter months. Director Joiner outlined options that could be taken by the City Council: (1) Retain the current enforcement policy, (2) Change enforcement policy to be proactive in all areas of the City, (3) Change enforcement policy to be proactive in selected areas of the City, and (4) Change enforcement policy to be proactive for multiple offenses. Moved by Goodman to direct staff to come back with a plan that changes enforcement to be proactive as soon as is feasible after the snow event in the University-Impacted Area (U-I-A) only and come back with a plan to keep track of repeat offender properties. Council Member Doll offered his opinion that it should not just be for the University-Impacted Area. Council Member Larson concurred; his priority area may not be the same. Council Member Goodman said that choosing the U-I-A only would be a pilot project chosen because it is a high- pedestrian-traveled area. He noted that the priority area could be changed to the safe routes to school or allow staff to decide what area should be designated for a pilot program. Council Member Larson said that he would like to start with Option 4 and see how that goes. He also recommended that another department (besides Public Works) inspect for repeat offenders; Public Works is already the department most affected by snow events. Mayor Campbell suggested that it might be best to start with an aggressive public education campaign. Kent Cooper, 909 Brookridge, Ames, who owns a snow removal company, said that there are certain areas where there are three- and four-feet-deep hard-crusted snow piles. In such circumstances, it is extremely difficult for property owners to remove the snow in ten hours. In addition, there is sometimes no place to pile the snow, especially in the commercial areas. Council Member Mahayni suggested that staff report to the City Council what its resources would allow. He also believes that creating awareness of the policy and its importance for the safety of citizens is a very important component. Mr. Mahayni recommended that the penalty be increased for repeat offenders. Motion withdrawn by Council Member Goodman. Moved by Goodman, seconded by Popken, to direct staff to come back with a plan that changes enforcement to be proactive in certain areas (as chosen by staff) as soon as major snow operations have been completed and with a plan to change the enforcement policy to be proactive for multiple offenders. Council Member Larson reiterated that the Public Works Department is responsible for snow removal operations and recommended that staff be creative as to whom is doing the inspecting. Vote on Motion: 6-0. Motion declared carried unanimously. COAL SUPPLY FOR ELECTRIC SERVICES DEPARTMENT: Electric Services Director Donald Kom and Assistant Director Brian Trower were present. Mr. Trower presented background 8 information pertaining to the purchase of coal, which began with a Request for Proposal being issued on July 28, 2008. He also gave an analysis of critical coal parameters. A comparison of the costs for five types of coal were given. Mr. Trower indicated that staff is continuing to negotiate the terms for a coal transportation, storage, and delivery contract. Moved by Goodman, seconded by Mahayni, to adopt RESOLUTION NO. 09-578 awarding a contract to Coal Sales, LLC (Peabody) of St. Louis, Missouri, for the period from January 1, 2010, through December 31, 2012, for coal produced by Peabody’s North Antelope Rochelle Mine contingent upon successful negotiation of a transportation, storage, and delivery contract under a separate vendor. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PURCHASE POWER AGREEMENT BETWEEN IOWA STATE UNIVERSITY AND CITY: Director Kom recalled that the City had entered into a contract with NextEra for 36 megawatts of wind power. He noted that there are service schedules in a prior agreement with Iowa State University regarding transactions for purchased power, and as a method to continue that relationship, the agreement has been amended to include wind power. Moved by Larson, seconded by Rice, to adopt RESOLUTION NO. 09-579 approving an amendment to the Purchase Power Agreement between Iowa State University and the City of Ames to include wind power. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. AGREEMENTS BETWEEN AMES COMMUNITY SCHOOL DISTRICT AND CITY FOR USE OF FACILITIES: City Manager Steve Schainker advised that the Ames School District notified the Parks and Recreation Director that it would be requiring the City to sign an agreement similar to all other groups who use its facilities. In addition, it will be charging the City for use of School District space. Because of the lateness of that notification, the estimated cost of $88,000/annually will not be included in the City’s 2009/10 budget. Mr. Schainker reviewed the proposed agreement that would allow the City to continue to use Ames School District space with no charge until the end of the current fiscal year. He said that the School District will be required to sign a similar agreement for use of City facilities. According to Mr. Schainker, the increase to the City’s budget will be significant and will have an effect on program participation. Options are being reviewed. Moved by Mahayni, seconded by Rice, to adopt RESOLUTION NO. 09-580 approving Agreements between Ames Community School District and City of Ames for use of each other’s facilities for 2009/2010. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON FEDERAL STIMULUS PROGRAM PROJECT - DUFF AVENUE REHABILITATION (7 STREET TO 13 STREET): The Mayor opened the public hearing. NoTHTH one wished to speak, and the hearing was closed. Moved by Mahayni, seconded by Doll, to adopt RESOLUTION NO. 09-581 approving final plans and specifications and awarding a contract to Manatt’s, Inc., of Brooklyn, Iowa, in the amount of 9 $504,231.25, subject to receipt of IDOT concurrence. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON BLOOMINGTON ROAD ELEVATED TANK MIXING SYSTEM: Mayor Campbell opened the hearing and closed same after no one came forward to speak. Moved by Popken, seconded by Mahayni, to adopt RESOLUTION NO. 09-582 approving final plans and specifications and awarding a contract to CB&I, Inc., of Bolingbrook, Illinois, in the amount of $53,000.00. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON 2008/09 AND 2009/10 COLLECTOR STREET PAVEMENT IMPROVEMENTS PROJECT (20 STREET, MARSHALL AVENUE, 16 STREET, GARFIELD AVENUE, ANDTHTH ROSS ROAD): The public hearing was opened by the Mayor. No one asked to speak, and she closed the hearing. Moved by Doll, seconded by Popken, to adopt RESOLUTION NO. 09-583 approving final plans and specifications and awarding a contract to Manatt’s, Inc., of Brooklyn, Iowa, in the amount of $1,494,099.30. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REVISING SNOW ROUTE DESIGNATIONS: Moved by Goodman, seconded by Mahayni, to pass on first reading an ordinance revising snow route designations. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE RELATING TO MINOR SUBDIVISION PLATS: Moved by Goodman, seconded by Mahayni, to pass on second reading an ordinance relating to Minor Subdivision Plats. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE AMENDING DEFINITION OF OPEN SPACE TO BE EXCLUDED FROM MINIMUM NET DENSITY CALCULATION IN SUBURBAN RESIDENTIAL ZONING DISTRICT: Moved by Mahayni, seconded by Doll, to pass on second reading an ordinance amending the definition of open space to be excluded from minimum net density calculation in Suburban Residential Zoning District. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE PERTAINING TO DRIVEWAY WIDTHS AND DEFINING DRIVEWAYS AND DRIVE AISLES: Moved by Doll, seconded by Mahayni, to pass on third reading and adopt ORDINANCE NO. 4018 pertaining to driveway widths and defining driveways and drive aisles. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE ESTABLISHING SPEED LIMIT ON RENAMED PORTION OF SOUTH DAYTON AVENUE: Moved by Goodman, seconded by Doll, to pass on third reading and adopt ORDINANCE NO. 4019 establishing the speed limit on the renamed portion of South Dayton Avenue (now known as South Dayton Place). Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby 10 made a portion of these minutes. COUNCIL COMMENTS: Noting that a special meeting will be necessary for approval of a coal delivery contract, the Mayor asked for a date and time to be set. It was thought that December 29, 2009, at Noon, would work for the City Council members. Mayor Campbell presented EcoSmart gifts to outgoing City Council members Ryan Doll, Jim Popken, and Dan Rice. Each gave closing remarks regarding their service to the City over the past four years. Moved by Mahayni, seconded by Goodman, to refer to staff the letter from Jeff and Cindy Gilmore pertaining to the transfer of unused City property to them. Vote on Motion: 6-0. Motion declared carried unanimously. CLOSED SESSION: Moved by Mahayni, seconded by Goodman, to hold a Closed Session as provided by Section 21.5(1)(a), (c), and (j), Code of Iowa. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Rice, seconded by Goodman, to reconvene in Regular Session. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Doll, seconded by Goodman, to adopt RESOLUTION NO. 09-584 authorizing staff to exercise the options to acquire previously negotiated easements in Polk County, which are under extension allowances, in the total amount of $64,150. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ADJOURNMENT: Moved by Doll, seconded by Goodman, to adjourn the meeting at 11:15 p.m. __________________________________ _________________________________ Diane R. Voss, City Clerk Ann H. Campbell, Mayor