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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 07/26/1994MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA JULY 26, 1994 The Ames City Council met in regular session at 7:00 p.m., July 26, 1994, in the City Council Chambers in the City Hall, 515 Clark Avenue, pursuant to law with Mayor Pro Tem John Parks presiding and the following Council Members present: Brown, Campbell, Hoffman, Parks, and Tedesco. Mayor Curtis and Coun. Wirth were absent. PUBLIC FORUM: No one appeared for this portion of the meeting. CONSENT AGENDA: Coun. Tedesco requested that item #2 be removed for separate consideration. Motion by Hoffman, Second by Tedesco, to approve the following items on the Consent Agenda, removing item #2 for separate consideration: Motion to approve payment of claims Motion to approve minutes of the regular and special meetings of July 12, 1994 (Removed for separate consideration; see action at the end of this section) Motion to approve renewal of the following beer and liquor licenses: a. Class C Beer - Hillman's Standard, 1614 S. Dayton b. Class E Beer - Quiktrip #511, 203 Welch c. Class C Liquor - Sportman's Lounge, 123 Main Street Motion to approve request from People's Bar & Grill for temporary obstruction permit for a sidewalk cafe at 2428 Lincoln Way RESOLUTION NO. 94-303 approving contract with Mid-Iowa Community Action for FY 1994- 95 human services funding RESOLUTION NO. 94-304 approving release of housing rehabilitation mortgages RESOLUTION NO. 94-305 authorizing Mayor to execute consent to assignment of lease for Depot Project RESOLUTION NO. 94-306 approving plans and specifications for Library Roofing Improvements Project; setting August 11, 1994 as bid due date and August 23, 1994 as date of hearing and award of contract RESOLUTION NO. 94-307 approving additional funding for purchase of hazardous materials response truck RESOLUTION NO. 94-308 approving award of contract to Water Pro Supplies Corporation in an estimated amount of $74,900.00 for purchase of fire hydrants RESOLUTION NO. 94-309 approving contract and bond for Holland Contracting Corporation in amount of $81,308.00 for Squaw Creek Relief Siphon Project RESOLUTION NO. 94-310 approving contract and bond for Manatt's, Inc. in amount of $15,180.00 for Animal Shelter Site Improvement Project, Schedule II, Parking Lot RESOLUTION NO. 94-311 approving contract and bond for R.H. Grabau Construction, Inc., in amount of $174,617.00 for the Animal Shelter Construction Project RESOLUTION NO. 94-312 approving contract and bond for Ralph N. Smith, Inc. in amount of $83,946.00 for Library Floor Covering Replacement Project RESOLUTION NO. 94-313 approving contract and bond for J.R. Stelzer Company in amount of $199,730.00 for North Dakota Avenue Elevated Storage Tank Project Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SEPARATE CONSIDERATION: Coun. Tedesco noted an amendment to page 6 of the Minutes of the Regular Meeting of July 12, 1994. Motion by Tedesco, Second by Campbell, to approve the Minutes of the Regular Meeting of July 12, 1994 as amended. Vote on Motion: 5-0. The motion was declared carried unanimously. UNITED WAY BANNER REQUEST: Motion by Hoffman, Second by Tedesco, to approve request from United Way of Story County to extend time for hanging of banner across Main Street to September 12 - October 31, 1994. Vote on Motion: 5-0. Motion declared carried unanimously. ENCROACHMENT PERMITS FOR DEPOT PROJECT: Motion by Tedesco, Second by Hoffman, to approve requests from Main Street Station, L.C. for awnings at 500 and 546 Main Street. Vote on Motion: 5-0. Motion declared carried unanimously. FIREWORKS PERMIT FOR IOWA GAMES: Motion by Campbell, Second by Tedesco, to approve request from Iowa Sports Foundation, Inc. for fireworks permit for August 5, 1994 opening ceremonies of Iowa Games Annual Sports Festival. Vote on Motion: 5-0. Motion declared carried unanimously. REAP GRANT APPLICATION FOR PARKS AND RECREATION DEPT.: Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 94-314 approving REAP Grant Application by the Parks and Recreation Department for enhancement of College Creek greenbelt, and land acquisition and development of a park in West Ames. Coun. Campbell asked whether REAP grant funds would be available for purchase of the land owned by St. Thomas Aquinas Church, currently designated as South Dakota Park, and whether acquisition of that land would be a viable project. Parks and Recreation Director Nancy Carroll explained the major scoring components for a REAP grant, noting that while resource enhancement is a major component of scoring, land acquisition alone is not a viable component. She said while application for South Dakota Park could be made, there was a $150,000 award allotment per community and, in the past, staff has not made multiple, competing applications. Coun. Hoffman said she felt the proposed park in the Bentwood area would be the more viable project to use in a grant application. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ICE ARENA PARKING LOT IMPROVEMENTS: Motion by Hoffman, Second by Tedesco, to adopt RESOLUTION NO. 94-315 approving contract to Manatt's, Inc. in amount of $72,983.33 for Ames/ISU Ice Arena Parking Lot Improvement Project. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 94-316 approving contract and bond for Manatt's, Inc. in amount of $72,983.33 for Ames/ISU Ice Arena Parking Lot Improvement Project. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CDP FOR COUNTRY ESTATES SUBDIVISION: Motion by Hoffman, Second by Tedesco, to adopt RESOLUTION NO. 94-317 approving Conceptual Development Plan for Country Estates Subdivision, located northeast of Ames near the Intersection of Dayton Road and County Road E- 29, with stipulations. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CDP FOR ASPEN BUSINESS PARK SUBDIVISION: Motion by Campbell, Second by Hoffman, to adopt a resolution approving the Conceptual Development Plan for Aspen Business Park Subdivision, located south of South 16th Street and west of the end of South 17th Street, with stipulations as recommended by City staff. Planning and Housing Director Brian O'Connell said while a problem of resultant land-locked property was being resolved in a proposed CDP for a subdivision to the west of this area, the developer of Aspen Business Park came forward with his proposal. He said only the Aspen Business Park CDP was being presented for Council approval this evening, but staff wanted Council to be aware there was an outstanding issue between the two property owners regarding the east-west road alignment. Mr. O'Connell referred to a diagram showing staff's original recommendation for a continuation of the road alignment already established by South 17th Street, the developer's proposal, and staff's revised recommendation which incorporated the idea of a reverse curve. He said staff supported a street alignment for South 17th Street that establishes continuity and linkage between commercial areas, and which would create a local means of circulation between South 16th Street and the U.S. 30 right of way. He said the developer of Aspen Business Park disagrees and feels the subdivision must maintain its own identity through the proposed street design. Coun. Brown said this issue should not come to Council without resolution between the two owners. Coun. Parks said if there was not resolution between the two owners, the Council would have to make its own determination of what they felt was best. He said approval of one CDP would dictate where the road would go in the other CDP. Mr. O'Connell noted the developer was also proposing a theme for the Aspen Business Park and wished to try to create an identity for the subdivision through tree plantings and street names. He said staff was concerned that the proposed names were similar to ones already existing in the City, and that confusion might result for delivery and emergency vehicles. Coun. Tedesco said he did not feel the similarity of street names would be a major problem if the larger issue of the road alignment could be resolved. There was discussion regarding the similarity of street names already existing within the City. Scott Renaud of Fox Engineering, 2501 N. Loop Drive, said he represented Scott Randall, developer of the proposed Aspen Business Park Subdivision. He referred to the staff's stipulations as noted in the Council Action Form, and said the developer had agreed to be the first in that area to put sidewalks in along South 16th Street. He said the developer feels the proposed street names are unique, and does not see a conflict between Golden Aspen Drive vs. Aspen Drive. He cited other instances in the City with a similar situation. Mr. Renaud referred to a diagram to discuss the street alignment issue. He said the developer wished to connect directly with the property to the west, with a common name and common address. He said the developer is looking for a quality development, a professional-looking business park with a unique and distinctive identity and a unifying street name, which will be separate from existing commercial development to the east. He said if nothing else, he would prefer that the alignment be a distinct name from South 17th Street. Coun. Campbell asked whether the staff's recommendation was workable, if South 17th Street were renamed. Mr. Renaud reiterated that the developer would prefer to have a unified development with a common street name throughout, and wished to separate the business park from the existing commercial development to the east. There was discussion about the developer's proposal and the staff's revised recommendation. Coun. Parks said he could see the desirability of moving traffic through this area on some southern route, but he felt they were "splitting hairs" between these two proposals. He said he would be more concerned if he felt that South 17th were going to be a major connector to the east and west, but he felt it was a finite street and probably always would be. He said he didn't share staff's concern with the developer's concept, which employed a definite turn rather than a shift in the road. He said he could see the interest of maintaining the character of the proposed development. He said either of the two configurations under discussion would result in the connection of South 17th and Golden Aspen Drive. Public Works Director Paul Wiegand explained how staff's position related to internal circulation within the area, and said that internal movement will protect the through nature of an arterial street. Coun. Brown asked whether there would be a drainage problem with any of the proposed configurations. Mr. Wiegand said the area was relatively small in terms of total acreage, and stretching out the curve should not have any significant effect on drainage. Coun. Parks asked whether drainage was the rationale for bringing the whole street south, and Mr. Wiegand said it was. There was discussion about the traffic flow at the South 16th intersection. Coun. Tedesco said it appeared the staff concept would take traffic into the more congested area near the K-Mart entrance and Duff Avenue intersection. He asked if it might not be better to try to infiltrate the area as in the developer's proposal. Mr. Wiegand said congestion would occur at that intersection anyway, due to the major activities occurring between South Duff, Buckeye, and the K-Mart entrance, and said signalization would probably be required. He said that signalized intersection would allow people to move more quickly to those locations to the west, rather than independently from each of the parcels as they developed. Mr. Wiegand said the consequences of going with the developer's proposal would be not protecting South 16th Street, the arterial street, and encouraging more individual circulation, as well as allowing easier movement to whatever intersection is signalized and encouraging that movement internal to the site rather than out on South 16th Street. Coun. Tedesco questioned whether development in the area might not affect the viability of South 16th as an arterial street, and said people might opt for the Highway 30/Elwood Drive route instead. Mr. Wiegand discussed how South 16th Street was a major street in east-west movement in the Elwood Drive Study and the Mortenson Road-Elwood Drive-South 16th Street Corridor Analysis. Mr. Renaud said while he understood staff's position, he felt the traffic would go to whichever place had the signal. He said he questioned whether it was good judgement to try to turn more traffic onto South Kellogg. He said he disagreed with staff regarding the effect on the internal movement of traffic on the south side of the development. Spencer LeMenager, 1151 Loch Lane, Lake Forest, Illinois, said he was the owner of Equity, Inc., a company representing 20 acres immediately to the west of the proposed Aspen Business Park. He said the property was owned by his wife, Lois LeMenager, and a CDP for that property was submitted prior to the one under consideration this evening. He requested that at a minimum, Council table the matter of approval of the Aspen Business Park CDP until the alignment issue could be resolved between the two developers. Mr. LeMenager said they have respected the City's interest in having a street between Hwy. 30 and South 16th Street, and have stated to City staff that such a street should connect to their property at its present alignment. He said that point was very important in the marketing of their property, as it would allow mixing and matching of the alternative marketing opportunities on the south end of their property. He said the revised staff concept would have South 17th Street connect into their property nearly 260 ft. from their southern border, which they felt was onerous. He said he was astounded that this plan had been developed and submitted without his notification. He said at best, they would like to see a compromise between their CDP and Mr. Randall's. He referred to a July 1, 1994 letter to City staff from his wife, Lois LeMenager, outlining her objections as owner of this land. Coun. Parks noted that the street alignment would still be an issue, regardless of which CDP was submitted first. Coun. Tedesco asked whether Mr. LeMenager had been given any specifics about the connecting street during the pre-plat meetings. Mr. LeMenager said when the Aspen Business Park plan was submitted, he was told the street in that plan had come in south of its current alignment, but he was not informed as to the staff's recommendation, and was specifically not told of any change in the staff's recommendation. He said it was his impression that during the pre-plat meetings, staff had responded positively to the LeMenagers' desire to have the street remain at its present alignment. He said he would like to have a compromise between the alternatives. He said the development of this property may take a number of years, and his wife and he wanted to have the flexibility on the south end of their property. Ken Janssen, Engineering Plus, 319 Lincoln Way, said he represented Mr. LeMenager. He said Mr. LeManager's original plans were in agreement with the original staff concept. He said while he agreed with staff's concept regarding the alignment and S-curve on South 17th Street, he also agreed with Mr. Renaud regarding getting the traffic flow out onto South 16th Street and letting the arterial function as such. He said in his opinion, Mr. Randall's proposal was a viable idea and would provide the desired traffic flow. He said his only disagreement concerned the connection of South 17th Street with Heartland Avenue on the west side. He said he felt with modifications to the cul- de-sac, the two developers might reach an agreement. Coun. Brown asked whether such modifications could be discussed with staff and the two developers, and that the alignment issue might be resolved. Mr. Jannsen said he felt that was possible. Coun. Parks asked Mr. Renaud if there was a possibility of discussing the movement of the western access with the other property owner. Mr. Renaud said there was not such a possibility. Mr. Jannsen said the Aspen Business Park CDP created a land-lock situation similar to the one currently being resolved by the LeMenagers, although in the Randall CDP, the owners of the parcels were in the same family. Mr. O'Connell said it has been a practice of the City to allow multiple lots to exist as one lot when they are owned by one person. He said the question was whether the division of land that has occurred between Mr. and Mrs. Nichols constitutes two owners. He said if the CDP would not allow access to the southern parcel, it technically is a landlocked parcel if it is legally under different ownership. City Attorney John Klaus said there was a commonality of ownership in that Mrs. Nichols is a full owner of both parcels, owning one parcel jointly with her husband and being the sole owner of the other. Coun. Campbell said while she was uncomfortable voting for any of the options this evening, she felt the Council had no alternative but to vote to resolve the issue, if the developer was unwilling to participate in any further discussion with the adjacent property owner. She expressed her disappointment in his unwillingness to do so, as did Coun. Tedesco. Vote on Motion: 2-3. Voting aye: Campbell, Brown. Voting Nay: Parks, Tedesco, Hoffman. The resolution was declared failed. City Attorney John Klaus noted that when a subdivision CDP fails approval, nothing happens. He said it can be brought back to Council at any time, but it would have to go through the Planning and Zoning Commission again. P-I PLAN AMENDMENT FOR ISU RESEARCH PARK: Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 94-318 approving with stipulations a request for an amendment to the Planned Industrial Plan for Iowa State University Research Park to construct a telecommunications node building at 2501 North Loop Drive. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON CARR POOL PAINTING PROJECT: Mayor pro tem Parks declared the hearing open. There being no one wishing to testify, the public hearing was declared closed. Motion by Hoffman, Second by Brown, to adopt RESOLUTION NO. 94-319 approving final plans and specifications and awarding contract to Abstract Painting and Decorating, Inc. in the amount of $24,915.00 for Carr Pool Painting Project. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON EXTERIOR PAINTING/RELATED WORK ON COAL HANDLING STRUCTURES PROJECT: Mayor pro tem Parks declared the hearing open. There being no one wishing to testify, the public hearing was declared closed. Motion by Tedesco, Second by Hoffman, to report bids and delay award of contract to August 9, 1994. Vote on Motion: 5-0. Motion declared carried unanimously. HEARING ON HIGH SERVICE PUMPING IMPROVEMENTS PROJECT: Mayor pro tem Parks declared the hearing open. There being no one wishing to testify, the public hearing was declared closed. Jami Larson, 2816 Greensboro, said he represented ACI Mechanical, the low bidder on this project. He said his company had been the contractor for the first phase of the project, the installation of the high service pump. He said for this project, their bid had been about 13% over the budget. He said several items have been added to the scope of the project since it first came to Council on December 8, 1992, items which have made the project go over budget yet have nothing to do with the dollar amount of the bids received. He referred to the Council Action Form which stated that in the past 18 months, it became apparent that substantial repairs and modifications would be necessary to the existing high service pump station to meet applicable rules, safety requirements, and local ordinances. He said many of the repairs and modifications listed were not in the original plan. He said he also learned that the item now recommended to be postponed, the Supervisory Control and Data Acquisition (SCADA) System, had been added at a very late date before the project was bid. He said as a disappointed bidder, he was concerned with the overall process. Mr. Larson said after talking with the consulting engineer on this project, he felt ACI Mechanical's low bid number less the SCADA system equaled the engineer's revised estimate, if the SCADA system were deducted as an alternate. He said therefore, he felt their bid was a correct number. He said when the City Attorney was asked to render a legal opinion, he had told staff that public bidding laws would not allow staff to issue a change order to get the project back in line with the budget. Mr. Larson said if the project were rebid, it would turn into an auction. He said he felt it was contrary to ethics to have the City auction a bid. He said as the initial low bidder, his company would be in a terrible position in terms of the bidding process, and would not participate in a rebid. Mr. Larson said he felt the Council should award the contract for this project, knowing it is $80,000 over budget, and deduct the SCADA system as an alternate. Assistant City Manager Bob Kindred said the City staff respected the amount of work and good faith each bidder had put into this process. He said when it was learned the bids had all come in over budget, staff had met to try to use the current bids and through a process of change order, remove the SCADA system. He said however, they had learned that was not a legal option. He said if negotiation were possible, the next lowest bidder might also deserve an opportunity. City Attorney John Klaus said negotiating was not a legal option. He said it was very well established that the specifications that go out determine a contract that can be legally awarded. He said in this instance, the legal options were (1) to award the low bid, which is substantially over budget, or (2) to reject all bids and either go immediately out for a new solicitation, or not go out until a later date. He said it was not an option to award the contract and then issue a change order, unless those changes were not foreseen at the time of the award. Water Department Director Tom Neumann said staff knowingly added some things into the project, such as roof repairs of the existing structure. He said there had been a breakdown in communication with the engineer on the SCADA system. He said during the design phase, the engineer's electrical subcontractor discussed certain items with City staff, which were incorporated into the project without staff's understanding of the actual costs involved. He said when preliminary plans were approved and the bidding date authorized, staff estimated they were $50,000 over budget, and had informed Council of the items that could be bid as alternates and deleted if the bids came in higher than expected. He said however, the estimate on the SCADA system was much higher than anticipated. Mr. Neumann said because some electric renovations, including SCADA, were future Capital Improvement Plan projects, staff wants to be certain that the equipment installed now will be compatible later on. There was discussion about the time frame for the project. Mr. Neumann said while they were already about 1 1/2 years late with the project, another 6 months would not create a problem. Coun. Tedesco said he sympathized with Mr. Larson's comments regarding the amount of work that goes into bidding on City projects. He said if the project were rebid in 9 days as recommended by staff, the low bid submitted by ACI Mechanical would be held as a guideline for all other interested bidders. He said he didn't think that would be a very good business practice. He said he felt Council should table this item to the August 9 meeting to see if staff could work out the budget issues. He said if not, they should at least wait longer than 9 days to rebid the project. Jim Meredith, 902 South Dakota, said he was the Engineer of Record on this project. He said there had been a communication gap between he, his subcontractor, and city staff. He explained how the engineer arrives at his estimate for the cost of a project, and said the actual price of an item is the low bid received on the day bids are taken. He explained efforts to get the project in as budgeted. He said staff and he estimated approximately $100,000 could be deducted from the project, about half of which were the SCADA system components that had been added to the project. He said those electronic components would contribute toward the system but were not actually part of it. He said those controls would likely be added back in when the SCADA is added to the rest of the plant. He said while he was not an attorney, he felt contracts were often awarded with change orders in hand. Coun. Parks said he was concerned bidders had submitted a bid in good faith, as the City had asked them to do. He said he thought it was incumbent upon the City to try to perform on executing that bid, if possible. He said at the minimum, they should ask staff to look at what the budget impact would be if they were to proceed with the bid as let. Coun. Tedesco said he hoped this instance would serve as a lesson in the future. He said he did not think negotiating at this point was an option. He said it appeared this project was of importance, and he didn't see the purpose in delaying it. Motion by Tedesco, Second by Campbell, to table this item, requesting that staff review and report on the budget impact at the August 9, 1994 Council meeting. Vote on Motion: 5-0. Motion declared carried unanimously. ORDINANCE LOWERING SPEED LIMIT ON 13TH STREET FROM DAYTON ROAD EAST TO CORPORATE LIMITS: Motion by Hoffman, Second by Tedesco, to pass on first reading an ordinance lowering speed limit on 13th Street from Dayton Road east to corporate limits. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE PROHIBITING PARKING IN CERTAIN AREAS IN BENTWOOD SUBDIVISION, FIRST ADDITION: Motion by Hoffman, Second by Brown, to pass on first reading an ordinance prohibiting parking in certain areas in Bentwood Subdivision, First Addition. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE REVISING OFF-STREET PARKING REQUIREMENTS IN HOSPITAL- MEDICAL DISTRICT: Motion by Tedesco, Second by Brown, to pass on second reading an ordinance revising off-street parking requirements in the Hospital-Medical District. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE ESTABLISHING MINIMUM HEIGHT REQUIREMENTS FOR NEW BUILDINGS CONSTRUCTED IN THE HOSPITAL-MEDICAL DISTRICT: Motion by Tedesco, Second by Brown, to pass on second reading an ordinance establishing minimum height requirements for new buildings constructed in the Hospital-Medical District. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE ESTABLISHING SCREENING AND BUFFERING REQUIREMENTS WITH RESPECT TO BOUNDARIES OF THE HOSPITAL-MEDICAL DISTRICT: Motion by Tedesco, Second by Brown, to pass on second reading an ordinance establishing screening and buffering requirements with respect to boundaries of the Hospital-Medical District. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE REVISING USE RESTRICTIONS IN THE HOSPITAL-MEDICAL DISTRICT: Motion by Campbell, Second by Tedesco, to pass on second reading an ordinance revising use restrictions in the Hospital-Medical District. Jerry Smith, Ames Hearing Aid Center, 118 E. 13th Street, asked whether audiology and hearing aid fitting would be included under the accepted medical and allied services use. City Attorney John Klaus said while he hadn't researched the matter, he felt these would fall under the medical use category. Coun. Parks suggested staff look into the matter further, and notify Mr. Smith before the third reading of this ordinance at the August 9 Council meeting. Coun. Tedesco said regardless of the usage determination, under the proposed ordinance, Mr. Smith's business would still qualify as an existing business, but any new construction would have to meet the new guidelines. Vote on Motion: 5-0. Motion declared carried unanimously. ORDINANCE PROHIBITING PARKING AND DELIVERY ACTIVITIES ON CHAMBERLAIN PLACE: Motion by Tedesco, Second by Hoffman, to pass on second reading an ordinance prohibiting parking and delivery activities on Chamberlain Place. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE REZONING PROPERTY LOCATED AT 1405 BUCKEYE AVENUE: Motion by Tedesco, Second by Brown, to pass on third reading and adopt ORDINANCE NO. 3281 amending zoning map to rezone property located at 1405 Buckeye Avenue. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Coun. Campbell expressed sympathy to the Schainker family for their loss this past week. Coun. Campbell welcomed City Clerk Sandra Ryan back from medical disability leave, and thanked Jill Ripperger for serving as Acting City Clerk and Ginger Jones for her help with the minutes during the Clerk's absence. Coun. Parks noted his father, Burl Parks, was a guest visitor from Arkansas this evening. Coun. Parks said he'd received concerns that speed limits will increase on Bloomington Road once it is paved. He asked whether a stop sign could be installed in the area, perhaps at the Bloomington and Eisenhower intersection, or if there was some other means to slow traffic down. He asked staff to look into the situation. Coun. Tedesco noted someone has hit an intake cover at the intersection of Top O'Hollow and Bloomington Road. Mr. Kindred said staff requested that the issue of banner guidelines continue to be tabled until the August 9 Council meeting. Mr. Kindred said staff had received assurances from Hubbell Realty this week that all contingencies of the development agreement had been met, and said approval for the Depot Project had been given today. Coun. Tedesco referred to a report on Tazzles/Winstons the Council had previously received. He said there was concern at time of license renewal for this establishment, and Council had instructed the management to implement a plan with their employees to try to curtail illegal and improper activities. He said apparently that plan was not working, and asked what options the Council had in this matter. City Attorney John Klaus said the Council had the option of either suspending or revoking a license for violations of City ordinances by the licensee or the licensee's employees. He said if there are instances where employees have made alcoholic beverages available to underaged persons, the Council could consider license suspension, since this would be that establishment's second offense. He said there were statutory provisions for a monetary penalty on first offense, and a suspension on the second offense. He said also, the City ordinance prohibiting underage persons on the premises clearly places a burden on the management of the establishment to make certain this does not occur. Coun. Tedesco asked that Officer Johns make an updated report by the August 9 Council meeting, and that the owner be present at that meeting. City Attorney Klaus said the Council could either make such a request informally, or a formal hearing to consider suspension could be scheduled. Motion by Tedesco, Second by Brown, to ask for a voluntary appearance by the owner or management of Tazzles at the August 9, 1994 City Council meeting to show reason why a formal hearing should not be held. Vote on Motion: 5-0. Motion declared carried unanimously. Coun. Hoffman said at this month's Bicycle Committee meeting, a question arose regarding tickets being given on Grand Avenue past 30th Street. She said the No Biking signs only extended to 30th Street. Coun. Parks asked the legal requirement regarding how far such signs were to be posted. City Attorney Klaus said there was a requirement that notice be posted of any traffic regulations as a matter of fairness. Coun. Hoffman said perhaps the Police and Bicycle Committee might want to look at this issue jointly. Coun. Parks suggested the matter be referred to staff for a recommendation regarding signage placement. Coun. Hoffman said she'd also received a concern about how the lightpoles on the west side of Welch Avenue might affect pedestrian movement. Public Works Director Paul Wiegand said while the light poles were not yet up, the pole bases were. He said there were two locations where the sidewalk area available to pedestrians is narrower than prior to the project: at the corner of Welch and Chamberlain near the Quiktrip canopy, and further to the south near the Pizza Pit sign and entry area. He said in those locations, staff was faced without any real alternatives, as the Michael Freedman design concept included alignment across the street as well as to the north and south to try to create symmetry. He said staff has tried to maintain an absolute minimum of 4 feet on the sidewalk, and a desired minimum of 6 feet. He estimated the two locations referred to were a minimum of between 5-6 feet. ADJOURNMENT: The meeting adjourned at 8:59 p.m. Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor