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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 08/23/1994MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA AUGUST 23, 1994 The Ames City Council met in regular session at 7:00 p.m., August 23, 1994, in the City Council Chambers in the City Hall, 515 Clark Avenue, pursuant to law with Mayor Curtis presiding and the following Council Members present: Campbell, Hoffman, Parks, and Wirth. Coun. Tedesco was absent. Coun. Brown arrived at 7:09. WELCOME TO VISITING STUDENTS: Mayor Curtis introduced a group of students and parents visiting from Lincoln, England, and said as part of the exchange program, a group of U.S. students had visited England a few years ago. Martin Reeve, Lincoln, England, one of the program coordinators, thanked the City for its hospitality. PRESENTATION OF IOWA GAMES PLAQUE: Jane Sharar, Iowa State University, presented a plaque to the City of Ames on behalf of the Iowa Games Foundation, thanking the City for its support of the Games. She said it had been decided plaques would be presented to the City and to ISU in alternate years. Mayor Curtis accepted this year's plaque on behalf of the City. Coun. Brown arrived. AMES BEAUTIFICATION COMMITTEE AWARDS: On behalf of the Ames Beautification Committee, Chairperson Bill LaGrange presented City of Ames Beautification Awards to the following individuals: John & Doris Elliott, Chris & Aleasa Miller, Robert & LoAnn Campbell, Joyce B. Thies, David & Patricia Hannapel, David & Dorr Lacombe, Harvey & Mary Terpstra, Catherine Ellis, Donald & Emily Thatcher, Jeff & Gayle Farrell, Dale & Sharon Anderson, David & Katherine Stuart, John & Maura Meek, Joe & Deb Frizzell, Dennis & Patricia Melchert, Donald E. Hutchings, Jack & Lois Girton, Douglas & Patricia Brown, Susan Mahoney, Romona Schlapia, Charles & Brenda Achter, Roger & Lori Hamblin. PUBLIC FORUM: Clark Ford, 409 Wellons Circle, presented two petitions signed by 219 residents and parents of pre-school children in support of the City maintaining South Dakota Park, and opposing the rezoning of land previously leased by St. Thomas Aquinas Church. He said the area was undergoing rapid development and although a new park was proposed for the Bentwood Subdivision, it would be 1/2 mile from the day care and the neighborhood, and children would have to cross a four lane street to reach it. He urged consideration of the needs of the families in the area, and said they were willing to work with the City staff and with potential developers so that their interests are met. R.K. Richards, 1821 George Allan Blvd., said no valid reason has been given for making any change in the ownership of Mary Greeley Medical Center. He said he did not see why secrecy or a 2-tier governance structure was a problem. He said the latter had no impact on ownership. He said the City Council had the obligation of running the Hospital, and the Board of Trustees were advisory. He said the citizens of Ames should be told the problems with the present governance structure before options to change that structure are analyzed. CONSENT AGENDA: Mayor Curtis noted two items were pulled from tonight's agenda, and an item regarding a new Class C liquor license was added. Motion by Hoffman, Second by Wirth, to approve the following items on the Consent Agenda: Motion to approve payment of claims Motion to approve minutes of the regular meeting of August 9 and the Special Meeting of August 5, 1994 Motion to approve renewal of the following beer and liquor licenses: a. Class C Liquor - Panchero's, 109 Welch Avenue b. Special Class C Liquor - DaVinci's, 2514 Chamberlain c. Class E Beer - Quiktrip #546 Motion to refer to Planning and Zoning Commission a request for annexation of property located northwest of the intersection of E. 13th Street and Dayton Road Motion to refer to Planning and Zoning Commission a request from Mike Flummerfelt regarding Building Code revision for setbacks for detached garages Motion to set special meeting date of September 8, 1994 for workshop on Downtown Plan RESOLUTION NO. 94-348 approving appointment of Leonard Konopa to Electric Utility Operations Review and Advisory Board (EUORAB) RESOLUTION NO. 94-349 approving designation of alternate representatives to Central Iowa Regional Transportation Planning Alliance (CIRTPA) RESOLUTION NO. 94-350 approving final plat for Bentwood Subdivision, 1st Addition RESOLUTION NO. 94-351 approving completion of subdivision improvement in Sopers Subdivision RESOLUTION NO. 94-352 approving completion of 1994 Slurry Seal Program RESOLUTION NO. 94-353 accepting completion of Elwood Drive/Old Airport Road Storm Sewer Project RESOLUTION NO. 94-354 approving contract and bond of Abstract Painting and Decorating, Inc. in amount of $24,915.00 for Painting of Carr Pool Project RESOLUTION NO. 94-355 approving contract and bond of TMI Coatings, Inc. in amount of $59,375.00 for exterior painting/related work on coal handling structures RESOLUTION NO. 94-356 approving preliminary plans and specifications for Maxwell Avenue Sanitary Sewer Rehabilitation Project; setting September 7, 1994 as bid due date and September 13, 1994 as date of hearing and award of contract RESOLUTION NO. 94-357 approving preliminary plans and specifications for demolition of structures in South Riverside/Russell area as part of the City's Flood Recovery Program; setting September 21, 1994 as bid due date and September 27, 1994 as date of hearing and award of contract RESOLUTION NO. 94-358 approving preliminary plans and specifications for Parking Lot Q Resurfacing Project; setting September 7, 1994 as bid due date and September 13, 1994 as date of hearing and award of contract RESOLUTION NO. 94-359 approving preliminary plans and specifications for Resource Recovery System Renovation; setting October 12, 1994 as bid due date and October 25, 1994 as date of hearing and award of contract RESOLUTION NO. 94-360 approving preliminary plans and specifications for Electric Distribution Work Center Parking Lot Resurfacing; setting September 14, 1994 as bid due date and September 27, 1994 as date of hearing and award of contract Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CLASS C LIQUOR LICENSE FOR THE LONG SHOT: Motion by Parks, Second by Campbell, to approve request for new Class C liquor license for The Long Shot, 2902 West Street. Vote on Motion: 5-0. Motion declared carried unanimously. REPORT ON LEGAL AND APPRAISAL SERVICES PERTAINING TO MARY GREELEY MEDICAL CENTER: City Attorney John Klaus presented a report on the Request for Proposals for legal and appraisal services pertaining to the ownership of MGMC. He reviewed the recommended firms' credentials, and the proposed time frame included in each proposal, saying the valuation work should be completed in 60 days and the legal in 30-60 days. He described the proposed scope of services offered by each firm. He said payment for these services should come from the Hospital Board of Trustees, as in any enterprise fund, and recommended that Council's approval of staff's recommendation should be contingent upon the Board's approval of payment. City Manager Steve Schainker said the assignment to the consultants had been for technical expertise rather than policy issues. He said the working document created by these services would provide something tangible for the Board of Trustees, MGMC Administration, the physicians, and the community at-large to review for determination of policy issues before it returned to Council for their consideration. City Attorney Klaus said the firms had been asked to develop transaction documents related to the following potential scenarios: 1) The creation of a not-for-profit organization and a sale of the hospital to that organization 2) The creation of a for-profit organization and a sale of the hospital to that organization (in exchange for stock of corporation) 3) The creation of a not-for-profit corporation and sale of the hospital "business" to that corporation and lease of the hospital real estate to that corporation or 4) The creation of a for-profit corporation and sale of the hospital "business" to that corporation and lease of the hospital real estate to that corporation. He said the technical services are limited in their scope to more fully develop those options the Council identified, and will not address what types of relationships may be developed subsequently with physicians, networks, etc. City Manager Schainker reviewed inherent issues in the appraisal analysis. He said a number of different theories would be used in the business valuation, including the fair market value and income approach. Coun. Campbell said she anticipated input from physicians after the transaction models were developed. Coun. Parks said there were substantial concerns of the medical community that would have impact on the viability of any of the options under consideration. He said once the prototype documents are created, there should be input and reaction from those who will be dealing with the new entity. Coun. Wirth agreed and said she wanted to have community input as well. She said she felt the format and procedure suggested by staff was very reasonable. She said that type of information was a necessary first step. Coun. Hoffman suggested a letter be sent to physicians and other groups particularly interested in this issue, letting them know of the timetable and when their input would be sought. She said there should be good communication with all the people who were involved. Hospital Board of Trustees Chair Linda Dasher said there was concern that the Board of Trustees and the physicians would not be asked for input until the options were developed, and would then only be allowed to react to them. She said they should have input from the beginning. She stressed the importance of the physicians feeling included and part of the options as they are developed. She said she didn't feel the Board members or the physicians were set on a particular option, but wanted to see all the options looked at and be given a chance to have input in their development. She said they have not been included in the past couple of months, and they did have some expertise to bring to the issue. She asked that they be kept informed. Coun. Campbell said she felt the Council and Hospital Board were marching along the same path. She said the purpose of these professional services was to create something tangible to work with. Coun. Parks agreed and said they had to have a starting point. He said it would be important to plug in the medical community for input before it returned to Council for consideration. He said he was comfortable with this path. Mieczysyaw Szopinski, 4123 Phoenix, asked how the question of a change in ownership got started and asked where he would look to find the answer. Mayor Curtis said this was the first step in developing proposals that will ultimately be reviewed by several different entities before coming back to the Council for their review. He said the process was started as the result of a logical and rational request to review the ownership of the Hospital, initiated by both the medical community and other interests. He said there would be adequate notice in a number of ways and participation by the public in terms of the ultimate decision process. Motion by Campbell, Second by Parks, that Council approve the engagement of Dorsey & Whitney, Minneapolis, under coordination and supervision of Robert Helmick, of the firm's Des Moines office, for legal services pertaining to Mary Greeley Medical Center at a project fee not to exceed $25,000, and that Arthur Andersen and Company, Chicago, be engaged for valuation services at a project fee not to exceed $65,000, pending approval of the appropriation by the Mary Greeley Medical Center Board of Trustees. Vote on Motion: 5-0. Motion declared carried unanimously. MGMC PARKING RAMP AND UTILITY RELOCATION: Motion by Parks, Second by Hoffman, to adopt RESOLUTION NO. 94-361 approving award of contracts for construction of MGMC parking ramp and utility relocation. Coun. Hoffman said it was exciting to see the project begin. Coun. Wirth asked when construction would start. MGMC Vice President Jerry Sloan said it could begin as early as August 29 or 30. He said there would be an informational mailing to the neighborhood regarding the construction, a general information meeting would be held at 5:00 p.m. on September 6, and there would be a groundbreaking ceremony on September 7 at noon. He said the public was invited to both events. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. LEASE AGREEMENT FOR FIRST ASSEMBLY OF GOD PARKING LOT: Motion by Hoffman, Second by Parks, to adopt RESOLUTION NO. 94-362 approving lease agreement between Mary Greeley Medical Center and First Assembly of God Church for parking lot. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. LEASE AGREEMENT FOR NORTH RIVER VALLEY PARKING LOT: Motion by Parks, Second by Hoffman, to adopt RESOLUTION NO. 94-363 approving lease agreement between Mary Greeley Medical Center and City of Ames for North River Valley Parking Lot. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PEOPLE'S BAR AND GRILL: Mayor Curtis declared the hearing open. Assistant City Attorney Judy Parks said the owners of People's Bar and Grill were willing to stipulate as to the violation, and the Council could now determine the sanction and when it would be imposed. She said in prior violations of this type a 2-day suspension had been imposed. She said she found nothing out of the ordinary in this instance. Mayor Curtis left the meeting at 7:50 p.m. and Coun. John Parks served as Mayor pro tem. Matthew Bowles, Attorney for People's Bar and Grill, said the owners had previously selected August 14 and 15 as proposed dates for the suspension, but the Council had tabled the matter and requested this formal hearing rather than granting those dates. He said the owners were now proposing September 4 and 5 and if those dates were not acceptable, asking that the suspension be stayed until the end of November. He said the owners had booked bands for that time period, and would encounter contractual obligation penalties were the suspension to take place during that time, creating a financial hardship. Coun. Campbell asked if the bands would not come if alcohol were not served. Mr. Bowles said the bands had signed contracts based on a percentage of the "gate" with the belief alcohol would be served, and said those numbers would be affected if it were not served. Mayor Curtis returned to the meeting at 7:54 p.m. Coun. Campbell expressed concern about approving the least punitive time possible for this sanction, when it was the owner and managers who were in direct violation. Mr. Bowles said the owners were not asking for special favors, but to be treated the same as other bars in similar situations in the past. Coun. Parks asked about the time frame for Council's decision, and City Attorney John Klaus said there was no statute of limitations on this issue. He said in past 2-day suspension issues, the after hours violation may have been perceived as being inadvertent. He said he sensed the Council did not see this instance as inadvertent, because both owners were present at the time of the violation. He said in addition, at the August 9 meeting, the Council had indicated they felt there was a deterioration in the way management of bars is controlling the number of underage persons on the premises. He said Council may feel they are sending an incorrect message in continuing the policy of allowing the licensee to pick the days for a 2-day suspension, and said they have the option to make a reasonable change in policy. Mr. Bowles said he didn't believe the number of underage convictions should cloud this issue. He said he felt a policy change at this point would be a violation of equal protection. Coun. Parks said the issue was not underage drinking or one law or another, but of a license holder effectively following the state law and local ordinances. He said he was not aware that there had been a set policy in the past, and said it would be the Council's responsibility to establish one. He said it was important to keep in mind that the Council could impose a 30-day suspension. Coun. Wirth said both the after-hours violation and the underage drinking were serious issues that the Council was concerned about. Coun. Hoffman said in some ways, she saw the after-hours violation as the more serious issue, because the owners knew the rules yet didn't obey them. Tom Zmolek, 311 Pearson, said the violation had occurred during a private function in which no money had been exchanged. He explained the penalties involved in contracts with the bands, saying if he was able to provide the band with 30-days notice, he would be responsible for half of the fee, and for the full fee without such notice. Coun. Brown said while she agreed the Council had to do something, she said they needed to keep it proportionate to the offense. There being no one further wishing to testify, the public hearing was declared closed. Motion by Campbell, Second by Brown, to accept the dates of September and 5, 1994 as dates for voluntary suspension of liquor license for People's Bar and Grill, sending a strong message to the owners that this was the last time for such leniency on this issue. Vote on Motion: 5-0. Motion declared carried unanimously. Coun. Parks asked whether a policy could be established whereby the Council would not accept recommendations on dates for suspension in the future. City Attorney John Klaus said he felt the Council had sent that message by their discussion in this instance. PROHIBITION OF MINORS IN STRIP JOINTS: Motion by Wirth, Second by Hoffman, to pass on first reading an ordinance prohibiting minors in strip joints. Police Chief Dennis Ballantine said many complaints had been received about the apparently unlimited access by younger people to a juice bar in Ames. He said while he felt this issue would be best handled by State legislation, no action was taken on it last year and meanwhile, localities can take measures to at least control access by minors. He said in spite of the juice bar's management's assurances that they would keep young people off the premises, the numbers in Police reports indicate that they are apparently not doing so. Coun. Campbell asked whether the Council could prohibit nude bars in Ames. City Attorney John Klaus reviewed previous Supreme Court cases dealing with First Amendment rights associated with nude dancing. He said in the case of adults, marginal First Amendment rights put the burden on the City to come forward with evidence as to what public purpose is being served by a ban. He said however, for underage persons, the local government has the ability to proscribe some First Amendment access to a degree. Chief Ballantine said he felt they could come forward with more control if necessary regarding physical contact. Coun. Parks asked whether a more stringent fine structure could be imposed. City Attorney Klaus said it could be, but the primary purpose of the ordinance was to eject minors from the premises. Chief Ballantine said the ordinance provided options that management could be cited as well as the juvenile, and said an attempt would be made to contact the parents. Coun. Hoffman agreed it was unfortunate the Legislature did not follow through on what it started last year. She said this problem was statewide and Council members should urge legislators to look at other possibilities in dealing with this issue. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Parks, Second by Wirth, to suspend the rules required for the passage of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Parks, Second by Hoffman, to pass on second and third reading and adopt ORDINANCE NO. 3289 prohibiting minors in strip joints. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CLEANUP OF OLD WATER POLLUTION CONTROL SITE: Motion by Parks, Second by Campbell, to adopt RESOLUTION NO. 94-364 approving cleanup plan for old WPC site. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REQUEST FROM AMES YOUTH SPORTS COMPLEX, INC. REGARDING CURRENT FARMING AGREEMENT FOR WPC SITE: Mayor Curtis said he'd discussed this matter with City staff, who responded the City does not currently have a lease agreement with any tenant regarding farming of the site. He suggested that no fall plowing or cropping activity take place until a decision has been made regarding the development of the proposed Youth Sports Complex. Water Department Director Tom Neumann said staff has nothing planned for the site in terms of fall activity. He said if nothing has been decided on the Youth Sports Complex issue by June of next year, staff would like to plant crops to reduce mowing and maintenance costs. Motion by Hoffman, Second by Parks, to direct staff not to proceed with any fall plowing or activity that might suggest any fall cropping, until the Youth Sports Complex issue is decided. Vote on Motion: 5-0. Motion declared carried unanimously. REVISED AFFIRMATIVE ACTION PLAN: Human Resources Officer Deb Braland reviewed the revised Plan and gave a brief update of how the City is doing in terms of reaching its affirmative action goals. She distributed a revised Executive Summary for Fiscal Year 1993/94. She said Civil Service laws and the City's low turnover rate serve as obstacles to Affirmative Action goals. Coun. Brown asked whether special weight could be given to the Affirmative Action Plan in Civil Service rankings. Ms. Braland explained the ranking process, saying the City's first priority is to hire the best qualified candidate. Motion by Campbell, Second by Parks, to adopt RESOLUTION NO. 94-365 approving the revised Affirmative Action Plan. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. LANDUSE POLICY PLAN UPDATE: Motion by Brown, Second by Hoffman, to adopt RESOLUTION NO. 94-366 approving Growth Projections and Needs Assessment of City of Ames (LUPP update). Coun. Parks said he felt the Planning Policy Committee should review whether the base number might be understated. Coun. Hoffman said the Committee, the consultant, and staff felt the base number was accurate. She said after talking to ISU officials, the Committee took into account such factors as an increase in the number of people moving out of ISU dorms, and a decrease in the number of people per dormitory. She noted the focus of the projections was the year 2030, and said there would be many opportunities to make changes along the way. She said if another census were done and the base number was found to be off, the Committee would likely want to revisit the issue. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. DEPOT PROJECT DEVELOPER'S AGREEMENT: Motion by Wirth, Second by Hoffman, to adopt RESOLUTION NO. 94-367 approving an amendment to the Developer's Agreement of the Depot Project. City Manager Steve Schainker said the Developer's Agreement specifies exterior plans for all three buildings involved in the development. He said this request involves a revision of the building to the west, the Garden Cafe. He said staff has worked with the franchisee of the Cafe, as well as the developer and architect regarding an acceptable alteration to the northern facade. Tim Fallor, proprietor of the Garden Cafe, said they have worked with staff to incorporate the changes the franchisor feels are important to maintain their identity as well as fit into the overall scheme of the Depot Project. He said they were excited to be in Ames, and felt the changes would be attractive and exciting additions. He distributed two sketches to the Council, showing the Garden Cafe entryway off Main street, and a side elevation of the building. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PLAT OF CORRECTION FOR WESTWOOD VILLAGE SUBDIVISION: Motion by Parks, Second by Brown, to adopt RESOLUTION NO. 94-369 directing proprietors of Westwood Village Subdivision to replat the property to correct certain material defects. City Attorney John Klaus explained the two-part process to correct the plat to conform it to the PUD. Coun. Hoffman asked how the defects occurred. Director of Planning and Housing Brian O'Connell said the owner had submitted the amended PUD after final plat approval. He reviewed items 1 through 4 on the Council action form, concerning easements and modification of areas to be reserved as open space for the benefit of all owners within the property. Coun. Hoffman said she was unaware of a Homeowners Association in the area. Mr. O'Connell noted there were 7 different lots in the subdivision. He said they are all currently under one ownership, but said that could change. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PARKING PROHIBITION ON RIDGEWOOD AVENUE, 16TH TO 20TH STREET: Motion by Brown, Second by Wirth, to direct the City Attorney to draft an ordinance prohibiting parking on Ridgewood Avenue, from 16th Street to 20th Street. Vote on Motion: 5-0. Motion declared carried unanimously. PARKING PROHIBITION ON 20TH STREET FROM GRAND AVENUE TO FERNDALE: Motion by Brown, Second by Wirth, to direct the City Attorney to draft an ordinance prohibiting parking on 20th Street from Grand Avenue to Ferndale. Coun. Hoffman left the meeting at 8:42 p.m. Vote on Motion: 4-0. Motion declared carried unanimously. SPEED LIMIT ON SOUTHEAST 16TH STREET - DAYTON AVENUE TO NEW U.S. HWY. 30: Motion by Brown, Second by Wirth, to direct the City Attorney to draft an ordinance designating speed limit on Southeast 16th Street, Dayton Avenue to new U.S. Hwy. 30. Vote on Motion: 4-0. Motion declared carried unanimously. REPORT ON MAIN STREET BIRD DROPPINGS: City Manager Steve Schainker said in 1992, the Council discussed who should take responsibility for cleaning Main Street of bird droppings, but before a decision was reached, the birds left for the year. He said Council had asked staff to report back on the status of the dropping accumulation. He said staff has tried various options, but none have been effective to the satisfaction of the downtown merchants. He said he felt any long-term solution would involve a landscape change, which might involve removing the current trees. He said staff and downtown merchants will be meeting with Scott Beckerman from the Animal Damage Control Section of the U.S.D.A. regarding ideas for eradicating the birds, at least on a temporary basis. Coun. Parks asked how often the sidewalks needed to be cleaned, and Mr. Schainker replied it could be done daily. He said that was not an adequate solution for the City in terms of the assignment of resources, and a long-term solution should be sought instead. Coun. Hoffman returned to the meeting at 8:44 p.m. Coun. Brown said it would be best to phase in the removal of trees, if that was the solution decided upon, in order to avoid a bare look to Main Street. Jim Stone, 1613 Top O Hollow, said he felt some of Mr. Beckerman's ideas may work on a temporary basis, and some of the proposals may need Council action in the future. Mr. Schainker suggested that staff report back to Council following the meeting with Mr. Beckerman. REPORT ON INDIAN GRASS COURT SIDEWALK: Doug Brinkman, 2028 Indian Grass Court, said he was the owner of the Gateway Hills property which was supposed to have a sidewalk go through it, according to the PUD. He described instances of vandalism in the area, and said there has also been parking in prohibited areas. He said he didn't want to see the slope where the proposed sidewalk would tie to the sidewalk on Mortenson becoming a skateboard hill. He said the map attached to the Council Action Form was not correct. He said there has been a request by someone in the neighborhood for the sidewalk. He said he has no problem with people walking across the back of his lot, but doesn't feel they should invite a larger number of people by installing the sidewalk. City Attorney John Klaus said this appears to be PUD Plan amendment, and there was a process by which one applies for a Plan review. Public Works Director Paul Wiegand said the difference in the alignment of the sidewalk from the 1988 Plan to the current location was taken care of two years ago when replatting occurred. City Attorney Klaus said since Mr. Brinkman was now asking for a portion of that not to be constructed and if that were to be allowed, it would be yet another Plan revision. There was discussion regarding the process for directing preparation of a PUD Plan revision. City Manager Steve Schainker said ISU officials had indicated the land has been transferred from Iowa State University Research Park to Iowa State University. He said they need to discuss the building of this sidewalk with ISU. City Attorney Klaus noted zoning permits in the area were issued in reliance of this approved Plan. He said if the approved Plan was not implemented, the City would have to stop issuing zoning permits until the non-compliance issue was resolved. City Manager Schainker said staff had recommended that if Council decided to stay with the current Plan, all property owners be informed that the City was going to implement the Plan by August of 1995, as the area is close to being built out and has been under development for over 15 years. Coun. Brown said she felt the current PUD should be enforced. Coun. Hoffman agreed and said otherwise, they would be sending a signal that they didn't want the sidewalks. Coun. Parks said this Plan is in effect, and he felt they should give direction for enforcement by a certain period. He said if someone else wanted to initiate a process to amend this PUD, they can take it through the process. He said he didn't believe Council should be taking that action. Coun. Campbell noted the request had come to Council from Mr. Brinkman. She said she was sympathetic to his concerns, but the overall theme of the Council has been to make the community more pedestrian accessible via linkages. She said she understood this lot was reduced in price with the knowledge of this responsibility. Motion by Brown, Second by Wirth, to reaffirm sidewalk requirements in previously-approved Planned Unit Development Vote on Motion: 5-0. Motion declared carried unanimously. Motion by Brown, Second by Hoffman, to direct implementation of entire walkway plan by August 30, 1995. Vote on Motion: 5-0. Motion declared carried unanimously. REPORT ON LEAF DISPOSAL ALTERNATIVES: City Manager Schainker said Council had previously asked staff to provide this report on leaf disposal alternatives in the event that a burning ban was imposed. He noted the City offers five free days for yard waste disposal each year. He said however, there is no free transportation to the disposal site, which places a burden on the individuals. He noted the staff report contained information from waste haulers regarding the number of leaf bags per household. Coun. Hoffman said at this time it is unknown how many people are currently burning their leaves and how many bags they would be using if they couldn't continue to do so. She agreed that many people have trouble getting to the yard waste disposal site on "free" days, and said although the City did provide a good service, it doesn't meet everybody's needs. Michael Grant, 2527 Kellogg, said the current burning situation created disharmony among neighbors. He said composting would provide an as yet untapped resource for beautification. He said Ames should move to enhance its reputation by supporting composting. Jim McElroy, 2115 Friley Road, said he loved trees and liked raking leaves. He said while not necessarily convenient, burning leaves offered a solution to what was for him, a considerable problem. He said to charge $1.00 per bag to haul away leaves was in effect a tax on having trees. Mieczysyaw Szopinski, 4123 Phoenix, said he didn't see anything offensive in burning leaves, and said the burning period was relatively short while we have the benefit of the trees for months. He said we need trees for beauty. He said the days for leaf disposal are not satisfactory and often Mother Nature doesn't agree with them and the yard disposal site gets very muddy. He said there are limitations for how many bags one can get in their car. He said one alternative would be to provide a box for leaves or provide a means to safely drive at the landfill without mud. Sally Schwabacher, 611 Lynn, said Fall is an extremely difficult time for asthmatics, and burning was one further insult. She said it was not simply a matter of aesthetics. Mieczysyaw Szopinski, 4123 Phoenix, said it was unfortunate to have asthma, but said it was also hard to imagine what the life of an asthmatic would be like without trees. Kathy Schnable, 3629 Woodland, said she disagreed that the burning is only for a short time. She said one neighbor burns leaves one day, another the next. She said it happens in the spring as well as in the fall. She said she has allergies, and the smoke is not a health threat, but is unpleasant. Coun. Wirth asked whether staff had any cost information on municipal composting. Public Works Director Paul Wiegand said the problems associated with banning of leaf burning were a separate issue from municipal composting. He said if leaves are not burned, one needs to look at how to get the leaves off one's property, rather than what is done with them afterwards, so it was a transportation problem rather than a handling problem. He said in Des Moines, the going rate for a municipal composting operation is approximately $25/ton, which is primarily handling costs. He said in the past, the City has opted to spread the materials upon the land to compost naturally in a land application program which was essentially a free operation. There was discussion regarding the possibility of banning burning for all but a certain time of the year, and enforcement problems that might be created. Mayor Curtis said he didn't think it was a good policy to limit the burning in that way. He noted that suggestion had been tried in another city, and due to weather problems, the burning all took place on one weekend. Coun. Hoffman asked if staff had any information regarding what other cities are doing with their leaves. Mr. Wiegand said he had talked to representatives from other cities, and none of them were moving away from burning. Coun. Wirth said she would like to see the City move ahead with banning leaf burning. She said she felt it causes problems with no other solution than a ban. She said they could look at alternatives, such as shredding, and working through the Volunteer Center to see if there are groups that might be willing to help with transporting of leaves. Motion by Wirth, Second by Brown, to set September 13, 1994 as date of public hearing on leaf burning ban. Coun. Campbell asked if the motion included having other alternatives provided at that point. Coun. Parks said he felt they had to have the alternatives laid out for them. Coun. Brown said she felt the alternatives for disposal were a separate issue which they would have to deal with. Vote on Motion: 3-2. Voting Aye: Brown, Campbell, Wirth. Voting Nay: Hoffman, Parks. Motion declared carried 3:2. REPORT ON SIGNAL PHASING AT EAST 13TH AND DAYTON INTERSECTION: Bill Cobb, 3308 South Duff, noted he had previously brought to Council a petition signed by 94 residents in support of a signal at this intersection, and said he later heard petitions were not taken seriously because anyone can sign a petition even if they do not know the issues. He said he questioned whether the data on the accident report upon which staff's recommendation was based was up to date. He said he wondered about the possibility of liability if an accident involving injury or death occurred at this intersection when the Council was aware of this problem. He said he appreciated the fact that staff spend much time on this report, and also appreciated the fact that the City saw this request through from start to finish. Coun. Campbell said since the intersection doesn't meet the various standards for signalization at this time, the Council needs to try a less onerous method to deal with the situation and to monitor it. Coun. Wirth agreed and said it was important that they revisit this issue in 6 months to see what changes have occurred, not only in terms of accidents. She said they also need up-to-date information on traffic counts. There was discussion of how the situation is changing with the changes in Dayton Road interconnection. There was discussion regarding the next annual traffic study which is published in April of May, and the possibility of looking at this situation independently in 6 months. There was discussion regarding the Manual Uniform Control Devices guidelines for warrants and placements, and the liability issues involved in placing a signal or sign outside of the guidelines. Motion by Wirth, Second by Brown, to not change the signal phasing, but to monitor accidents at the intersection during a six month period to determine the impact of lowering the speed limit on 13th Street, and to get the report back in six months. Vote on Motion: 5-0. Motion declared carried unanimously. HEARING ON LIBRARY ROOFING IMPROVEMENTS: Mayor Curtis declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Wirth, Second by Hoffman, to adopt RESOLUTION NO. 94-368 approving final plans and specifications and awarding a contract to Central States Roofing in the amount of $50,785.00 at $.55/Sq. ft. per inch for replacement of deteriorated insulation. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. TECHNICAL AMENDMENT TO HANDICAPPED PARKING ORDINANCE: Motion by Hoffman, Second by Wirth, to pass on first reading an ordinance making a technical change to the Handicapped Parking Ordinance, removing a reference to meters. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Campbell, Second by Wirth, to suspend the rules required for adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Campbell, Second by Wirth, to pass on second and third readings and adopt ORDINANCE NO. 3291 making a technical change to the Handicapped Parking Ordinance, removing a reference to meters. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE EXEMPTING CITY POLE BANNERS FROM TEMPORARY SIGN LIMITS: Motion by Wirth, Second by Campbell, to pass on second reading an ordinance exempting City Pole banners from temporary sign time limits. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Wirth, Second by Campbell, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Wirth, Second by Hoffman, to pass on third reading and adopt ORDINANCE NO. 3290 exempting City Pole banners from temporary sign time limits. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Coun. Campbell referred to a letter the Council had received from the Public Art Committee requesting that purchases under $10,000 be handled in a different manner. Assistant City Manager Bob Kindred said the Committee would like to meet with the Council to discuss that issue and others. Mayor Curtis said he would set up a worksession between Council and the Committee. Coun. Parks said he'd received an inquiry regarding a house moved onto Ross Road, and wondered whether there was a time frame of when the work must be completed. He asked that the matter be referred to staff in order that Building Code provisions and Housing Moving licensing regulations be researched to see if a time frame for completion is designated. Coun. Parks said the owner of a vacant parcel of land on the west side of Northwestern Avenue was allowing people to park campers on the property. He asked that the matter be referred to staff. Coun. Brown said she had received a petition and letters from citizens expressing concerns regarding the proposed use of the old WPC site as a Youth Sports Complex, and had submitted the documents to the City Clerk. She said she had additional documents coming from University of Iowa, and then would ask that they be shared with other Council members. Coun. Wirth said she'd heard from an individual wishing to install a banner in Campustown. She asked staff to arrange a meeting between the Downtown Betterment Association, Campustown Betterment Association, Convention and Visitors Bureau, Chamber of Commerce, and Iowa State University to discuss ways to facilitate obtaining hardware for banners, and report back to Council. Coun. Hoffman said she'd received a call from a citizen regarding drainage on Emerson from a Boone County trailer court's septic tanks. She asked staff to determine whether the DNR or Department of Health needs to look into the matter. Public Works Director Paul Wiegand said he had contacted the citizen and also the DNR. He said the DNR will be evaluating the situation and trying to determine a solution. He said he would provide the Council with the DNR's conclusions when available. ADJOURNMENT: The meeting adjourned at 9:45 p.m. Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor