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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 12/13/1994MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA DECEMBER 13, 1994 The Ames City Council met in regular session at 7:00 p.m., December 13, 1994, in the City Council Chambers in the City Hall, 515 Clark Avenue, pursuant to law with Mayor Larry Curtis presiding and the following Council Members present: Brown, Campbell, Parks, and Tedesco. Couns. Hoffman and Wirth arrived late. HUMAN RELATIONS COMMISSION PRESENTATION: Abraham Epstein, Chair of the Human Relations Commission, introduced the Commission members, and noted the Council had received copies of the Commission's annual report for 1992/93 and for 1993/94. He said the Commission had many accomplishments over the past several years, serving as a sounding board for people who have experienced bias of any kind and for the community as a whole. Mayor Curtis said the Commission members' volunteer services make the Ames community what it is. Motion by Wirth, Second by Parks, to receive the 1992/93 and 1993/94 Annual Reports for the Ames Human Relations Commission. Vote on Motion: 4-0. Motion declared carried unanimously. Coun. Wirth arrived at 7:02 p.m. PUBLIC FORUM: Merlin Pfannkuch, 1424 Kellogg, requested that the designated time limits for the public hearing on the Central Ames rezoning be waived. He said also, he understood the Council has designated $75,000/year for bikeways, and wished the Council to review that policy decision before the worksession on the Capital Improvements Plan. He said in addition, he'd attended the Council's December 9 Legislative Luncheon, and felt more substantive issues should have been discussed. Wayne Byrd, 5354 West 100th Terrace, Overland Park, Kansas, presented a plaque and signage recognizing Ames as a Bicycle Friendly Community. He described the program and the criteria for recognition. Web Wilke, President, Friends of Central Iowa Biking, said the Friends wholeheartedly endorse this award, and appreciate the efforts the City is making regarding connecting bike paths, the Bicycle Master Plan, the Mayor's Bike Ride, and other activities promoting biking. Coun. Hoffman arrived at 7:12 p.m. CONSENT AGENDA: Mayor Curtis noted an item regarding the Workplace Violence Policy had been pulled from this evening's agenda. Motion by Campbell, Second by Parks, to approve the following items on the Consent Agenda: Motion to approve payment of claims Motion to approve the minutes of the regular meeting of November 22, and of the Special Meetings of November 10 and 29, 1994 Motion to approve renewal of the following beer and liquor licenses: a. Class C Beer - Kwik Shop, Inc. 125 6th Street b. Class C Liquor - Le's Vietnamese Restaurant, 113 Colorado Motion to approve Civil Service applicants Motion to set 2:00 p.m. on February 10, 1995 as overview session on budget, and 5:00 p.m. on February 14, 15, 16, and 21, 1995 as budget hearing dates Motion to set 6:30 p.m. on December 20, 1994 as date of special meeting with Cable TV Commission (Regular Council meeting to follow) Motion to set 5:00 p.m. on January 5, 1995 as date of special meeting to receive presentation on Hospital options RESOLUTION NO. 94-504 authorizing expenditure of $300.00 for Holiday appreciation gifts for Kiosk volunteers RESOLUTION NO. 94-505 approving contract for Human Services Agency RESOLUTION NO. 94-506 authorizing participation in Drug & Alcohol Consortium, and approving Drug & Alcohol Testing Alliance (DATA) agreement RESOLUTION NO. 94-507 approving request for extension of City's '92-93 CDBG Affordable Housing Contract with Iowa Department of Economic Development RESOLUTION NO. 94-509 approving final plat for Aspen Business Park Subdivision RESOLUTION NO. 94-508 approving contract and bond for Water Treatment Improvements Project, Division I, in amount of $65,401.00, and for Division II in amount of $53,011.00 RESOLUTION NO. 94-510 approving contract and bond for U.S. 30 Frontage Road from U.S. Army Reserve to Skunk River Project in amount of $56,981.26 RESOLUTION NO. 94-511 approving change order in amount of $10,500.00 for Squaw Creek/Skunk River Flood Study RESOLUTION NO. 94-512 accepting bids and awarding contract to Municipal Supply, Inc. of Des Moines, Iowa in amount of $38,698.00 for materials for Public Works Utility Maintenance RESOLUTION NO. 94-513 awarding contract to CCG Systems, Inc. of Norfolk, Virginia, in amount of $25,288.00 for purchase of Equipment Services Fleet Maintenance Software RESOLUTION NO. 94-514 accepting completion of Library Floor Covering Project in amount of $84,436.00 RESOLUTION NO. 94-515 accepting completion of South Duff Avenue/Chestnut Street Traffic Signal project in amount of $78,600.00 RESOLUTION NO. 94-516 accepting completion of Parking Lot Q Resurfacing Project in amount of $38,498.50 RESOLUTION NO. 94-517 approving change order and accepting completion of S.E. 5th Street Paving Improvements between S. Dayton Avenue and Freel Drive in amount of $243,990.52 RESOLUTION NO. 94-518 approving MGMC lease for property at 1606 South Duff Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. NEW LIQUOR LICENSES: Motion by Tedesco, Second by Hoffman, to approve request for new Class C Liquor License for Pizza Hut #437005, 127 Dotson Drive, and Class C Liquor License for Pizza Hut #437007, 436 S. Duff. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST TO WAIVE PARKING FEES IN CAMPUSTOWN AREA FOR HOLIDAY PROMOTIONS: Motion by Tedesco, Second by Parks, to adopt RESOLUTION NO. 94-519 approving request from Campustown Merchants Association to waive parking fees for Campustown area on December 17 and December 24, 1994. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON "CENTRAL AMES" REZONING: Mayor Curtis declared the public hearing open. Director of Planning and Housing Brian O'Connell described this request by property owners to consider a rezoning of an area of approximately 65 acres from the current designation of R-3 (Medium-Density Residential) and R-4 (High-Density Residential) to R-2 (Low-Density Residential). He said the existing pattern of landuse was a combination of single-family, two- family, and multiple-family. He described how Staff had used information from the City Assessor's office to categorize the condition of the properties. He discussed the history of Land Use Policy Plan map designations for the area, noting that while the 1977 LUPP illustrated a "transition landuse" moving from south to north, the 1981 designations changed to show a larger area considered best suited for Low-Density Residential. Coun. Campbell asked if he knew what drove that change, and Mr. O'Connell said he did not. He said however, the LUPP designations were a desire to propose a landuse pattern, rather than to reflect existing use patterns. Mr. O'Connell said this request was presented to the Planning and Zoning Commission at two separate meetings. He reviewed comments from both the proponents and the opponents, as contained in the Council Action Form. Mr. O'Connell said Staff had looked at the potential to create nonconforming landuses should a rezoning occur. He reviewed a map of those properties which are currently nonconforming by lot size. He said 114 properties, 34% of all the properties in the area, are currently nonconforming. He said a rezoning to R-2 would create a structural nonconformance in an additional 18 properties, bringing the total of nonconforming properties to 132 should a rezoning occur. Mr. O'Connell read a statement from the Historic Preservation Commission advising the Council that the rezoning to R-2 would be supportive of the goal to preserve the historic architecture in the area. Mr. O'Connell reviewed the following four options for the Council as developed by Staff: 1) Deny the rezoning request as submitted by the petitioner, and wait to deal with the zoning decision until the City completes its Land Use Policy Plan update; 2) Rezone the area to R-2, as requested by the petitioner; 3) Rezone a portion of the area to R-3 and the remainder to R1-6; and 4) Deny the Petitioner's request and initiate a rezoning with Zoning Ordinance text amendments that would address some of the problems property owners would experience should this area be rezoned R-2. He noted Option 4 was the Staff's recommendation, and said some of the Zoning Ordinance text amendments might include provisions to accomplish the following: 1) Change date of November 1, 1983 to date of adoption of this Zoning Ordinance amendment, to allow all multiple-family dwellings, originally constructed as such, to continue as permitted uses in this R-2 zoning district; and 2) Create a new provision that would give the owners of existing multiple-family conversions the ability to redevelop the property with the same number of dwelling units as exist at the time of the rezoning if a Special Permit is obtained from the Zoning Board of Adjustment. Mr. O'Connell said Staff's recommendation was based on its belief that the Council needed to take a long-range view when making this decision, and also on the belief that the predominant landuse pattern and current zoning of this area do not match. He said while Staff felt a rezoning was needed in the area, the Planning and Zoning Commission recommended denial of the request for the following reasons: 1) It is unreasonable to rezone this area since it has been zoned multiple-family for so long; 2) Multiple-family areas are intended for areas adjacent to commercial areas and employment centers; and 3) The area is a perfect place for affordable housing. Dave Carter, 709 Douglas, said 82% of the resident homeowners and 57% of the property owners supported this proposal. He said the issue was "What does Ames want this neighborhood to be?" He said that single question was really the only issue they had to answer, and it was one that hadn't been answered. He said it was a question that had festered for 13 years, and if they could answer that question, all the other answers would be easy. Chris Cook, 509 9th Street, spoke in support of the rezoning to R-2, and showed a slide presentation of 12 Qualities That Make Up Desirable Places to Live, based on a Homebuilders' Press Publication. She discussed qualities such as identity, affordability, tradition, variety, convenience (i.e., non- reliance on automobiles), and safety from unpredictable uses. She discussed limitations of conventional subdivisions, as contained in the publication. Rae Hawes, 812 Douglas, read a statement in support of the rezone to R-2. She said in the past twelve years, three apartment buildings have been built in the area. She said however, another trend in the area is that families are buying rental properties and renovating them into single-family homes. She said about 30 properties have been thus converted in the past ten years, and that trend has stabilized the neighborhood, and improved its looks. She said the zoning should reflect the reality of the neighborhood, and showed slides of homes that went from high to lower density. She said the Central Ames neighborhood needs to be zoned R-2 so the work that was done there can be protected. Patricia Burgess, 1019 Roosevelt, said Council should keep the following three major points in mind while deliberating on this issue: 1) Ames is not the City it was 30-some years ago when it was given its current zoning designation. She said the housing stock was also different. She said it was appropriate to keep zoning contemporary with existing demographic and housing conditions; 2) The housing in the subject area is some of the most affordable in the City. Should this housing be lost, what will replace it will cost considerably more for the consumer than what is presently there; 3) The zoning should be consistent with the Historic Preservation District designation. Rob Weidner, 903 Kellogg, said he had lived in the area for 15 years. He said while other cities spend tax dollars on core revitalization, the Central Ames area is being revitalized by homeowners, without subsidy from the City or other outside help. Philip Poorman, 1815 Northwestern, Vice Chair of the Historic Preservation Commission, said the Commission voted unanimously to support the rezoning of this area from R-3 and R-4 to R-2. Merlin Pfannkuch, 1424 Kellogg, said he didn't feel the information compiled by Staff told very much, but the presentation by the residents filled in many of the gaps. He agreed that the issue was "What is the mix of housing in this neighborhood, and are we satisfied with it?" He said he was satisfied. He noted in his December 13, 1994 letter to the Mayor and Council, he suggested Council either support the change to R-2 or make all of Ames equally open to multi-family housing unit development in the new LUPP. John Packwood, 627 7th, spoke in favor of the rezoning and said he wished to respond to the Planning and Zoning Commission's statement that it was not reasonable to rezone this area. He said this area was created for single-family houses approximately 100 years ago. He said if such zoning were available at that time, it would have been zoned R1-6. He said somewhere along the line, the area has been rezoned. He said he also questioned the concept of buffering a commercial area by putting in multiple-family homes. He said he has invested in the area, and would like to see his investment protected. He said he felt the market had spoken, and noted there were not big developments coming into the area, but rather, people like himself who had bought an older home to repair and renovate. Ruth Jones, 111 Hunziker Circle, President, League of Women Voters of Ames, read a statement from the League in support of the rezoning to create and maintain an adequate supply of sound affordable housing. Keith Rollinghagen, RR 2, Ames, said he did not own property in the district. He said he wished to speak in favor of the rezone, and wished to state the development community did not speak as one voice on this issue. Bill Buttermore, 625 10th Street, said he wished to encourage Council to support the rezoning to R- 2. He said they had an opportunity to support the wishes of 82% of the property owners in this neighborhood, to follow the directions of their staff with Option #4. He said it was a good chance to do the right thing. Gary Olson, 721 Clark, said he lived in Parkersberg, Iowa, but was the owner of the property at 721 Clark. He said his wife and he had purchased the property as a "retirement home" and intended to pay for it with rental income before they needed to move into it. He said rezoning could make that kind of long-range planning difficult to accomplish. He said his tenants sign leases agreeing to be good neighbors, and feel a responsibility to maintain the property as an aesthetic enhancement to the neighborhood. He said he felt they contributed to the desirable mix housing of the neighborhood. He said his wife and he feel the property presently provides a worthwhile service in terms of good quality and economical housing for Ames citizens. William Conway, 711 Wilson, said he taught at ISU and his students were involved in a project that explored nonconforming lots within Ames. He said nonconformance is a serious problem within the Central Ames district, with many nonconforming lots being restricted in terms of purchase. He said rezoning doesn't always solve the problem, and it was an architectural problem as well. He said Council should address the possibility of design guidelines so developers, residents, architects, planners, and other professionals can negotiate the conditions of use. He said they needed to look at the complexity of the situation. He said he was also concerned about the downside of clustering apartment dwellings in any one area of the City. He said it was also restrictive to make affordable housing available if it's only purchased housing. He said there was a need for affordable rental housing as well. Chuck Winkleblack, 1322 Marston, spoke in opposition to the rezoning. He said the 85 signatures on a petition in opposition to the rezoning represented 35% of the land area under consideration. He said those individuals pay property taxes, and follow the City's guidelines for rental housing. He said just because they don't live in the area doesn't mean they don't have rights, too. He said there was a mix of multi-family and single-family homes in this neighborhood and throughout the community. He said it was their belief that the two can coexist. He said not everyone who wants to live in this area can afford to own their own home, and there was a need for rental dwelling units within the neighborhood. He said the rezone would cap the number of dwelling units within that area, and would further the shortage of housing in Ames. He said there would no longer be any multiple-family dwelling around the Commercial and Hospital zones, should the rezoning occur. He said it would be hard to grow as a community without an opportunity for individuals to live close by those areas. He said he felt it would be more appropriate to consider this rezoning at the time of the Landuse Policy Plan update, when the several groups involved in that study might determine what's best for the City as a whole, rather than just this one neighborhood. There being no one present wishing to testify further, the public hearing was declared closed. Motion by Wirth, Second by Hoffman, to deny the petitioner's request and initiate R-2 rezoning with Zoning Ordinance text amendments. Coun. Tedesco asked whether it was possible to change the design of the area via text amendments, but not rezone the area. Mr. O'Connell said the City could amend the Zoning Ordinance to address some of the concerns regarding design guidelines, but that would not address the nonconforming circumstances that currently exist. He noted that the issue of nonconformance by lot size involved other areas of the community as well. Coun. Tedesco said he had respect for the history and location of this area, but felt it was unfortunate this request was coming to Council in the midst of the LUPP review. He said he was particularly concerned with the nonconformance problem, and said he felt many of the residents didn't realize their financial future and investments were in jeopardy if there was major damage to the structures. He said they should address the possibility of combining lots. He said he didn't feel passing an incomplete ordinance or text ordinance at this time would help the problems that exist. He said he would like to see this matter referred back to Staff to work with a committee comprised of residents and landlords which could report back to the Council in more detail. There was discussion regarding Special Use Permits and whether a text amendment might address such permits as a vehicle to solve the nonconformance problems. Coun. Parks said there was a stigma surrounding "spot zoning," yet there were exceptions, when spot zoning may be the best thing to do. He said there was no need to make the issue more complicated with text amendments and Special Use Permits. He said the neighborhood indicated they were happy with the mix that was there. He said he personally couldn't answer the question of "What do we want this neighborhood to be?" until he was able to see the whole picture, i.e., with the Land Use Policy Plan update. He said they needed to address as a community where they want multiple growth to occur. He said if they didn't allow developers into some of the core areas, those areas would not grow at all. Mr. O'Connell said for a long time, this area has been zoned multiple-family, yet it is not developing with any great degree of concentration to the density that the zoning has enabled for the past thirty or forty years. There was discussion regarding the difference between Special Uses and Nonconforming Uses. Coun. Parks said he saw no reason to require a Special Use Permit. He said he saw no reason to complicate the process. Coun. Tedesco agreed and said if something happens to that property, the Special Use Permit has to be renegotiated. Coun. Tedesco said he felt the neighborhood was willing to agree that there would not be a problem with making those R-3 or R-4 properties that are currently nonconforming, conforming so they could be rebuilt if damaged in the future. He said the real concern seemed to be that the residents don't want the high-density of a 12-unit apartment next door to them. He said that concern dealt with area and square footage. He said that also dealt with the possibility of lot combining, and he noted there were many small lots that were nonconforming. He said instead of making 18 more properties nonconforming, they should consider all of these concerns when addressing the text amendments. Coun. Wirth said the Staff recommendation was to create a new zone. She suggested a new name might be needed, rather than R-2. She said people were "hung up" on R-2 and what it means. She said it sounded as if the Councilors wanted the same goal: to maintain the mix that was there and leave the multiple-family uses as conforming. She said there must be ways to do that other than going through the Zoning Board of Adjustment or the Special Use Permit. Mr. O'Connell said it was important to remember that when the Zoning Ordinance was amended for zoning districts, those regulations apply to every other similarly zoned area in the City. He said the attributes of each area may be quite different. Coun. Parks said he felt R-4 structures in this area should be zoned R-4, R-3 structures zoned R-3, etc. He said that would preserve the mix with no text amendments and no ZBA process. He said they had a "peppered" district in this area, and should apply this zoning concept to this area only. He said at the time of Code review, it may be a good idea to create an overlay zone called "mixed use" for special areas in which this type of conflict occurred. Coun. Hoffman said this area was one of the villages the City had and it needed to be preserved. She said the integrity of the area has been maintained in the last few years because of the decision to designate it as a Historic Preservation area, and that designation has strengthened the area. She said she felt the area was still somewhat precarious, however, and that they could protect it through changing zoning. She said the consultant Michael Freedman had told the City they must protect affordable housing stock, rather than tear it down and build new houses. She said the Council needed to make a decision for this area, and that would involve zoning changes. She said it was time to change the zoning of this area to properly reflect what was there. She said no single plan would do away with all the nonconforming uses. She said she felt the Staff's recommendation was the best balance they would be able to achieve as far as zoning and protecting property rights in this area. Coun. Tedesco noted the motion would rezone the area to R-2. He said that would restrict what the Staff could bring back as a recommendation to the Council. City Manager Steve Schainker suggested that the Council direct Staff to develop options for dealing with the nonconforming properties, both the existing and those that would be created by a rezoning. Coun. Parks said he also had reservations regarding where the multiple-zoning was going to go. Motion by Tedesco, Second by Wirth, to amend the main motion to remove the words "R-2" from the motion to initiate a rezoning, to allow flexibility to use text amendments or creating a special zoning district if necessary for this particular instance. Coun. Parks expressed concern that the motion still didn't address where the 64 acres that would be taken out of zoning or landuse would be replaced. Coun. Tedesco said he felt Staff could look at the fact that the density that is currently in the area will probably remain. Coun. Campbell agreed and said she felt one of the persuasive arguments had been that this area has had the capability of R-3 and R-4 and yet that trend has not occurred. She said she also felt there was an overriding theme of maintaining the present mix. There was discussion regarding what the Staff should focus on regarding the text amendments. Coun. Tedesco suggested the amendments focus on nonconformance, possibility for additional multi-family conversion and/or development, combining of lots, integrity of design and architecture of the neighborhood. Coun. Campbell said the overriding theme was maintaining the mix there now and not encouraging a higher density than what would currently be allowed under the R-3 and R-4 designation. Coun. Wirth said it was important to make sure the list was not so long that Staff couldn't accomplish it in a reasonable amount of time. She said in her opinion, the major criteria was maintaining the density that was currently in the area. There was discussion regarding whether Staff should address the structural nonconformity issue as well as the lot size nonconformity issue. Coun. Parks said the structural nonconformity could be dealt with by rezoning and breaking up this 65-acre package into smaller parcels. He said the issue of lot size nonconformity was more symptomatic of the entire community and should be dealt with as a separate issue. Vote on Motion to Amend: 5-1. Motion declared carried 5-1. Vote on Main Motion as Amended: 5-1. Motion declared carried 5-1. HEARING ON SOUTH DUFF AREA SANITARY SEWER PROJECT ASSESSMENTS (RECONVENED FROM NOVEMBER 22, 1994): Mayor Curtis declared the public hearing reconvened. William Armstrong, 3711 South Duff, said he represented Mary Armstrong, owner of six of the nine of the parcels in the assessment area. He said they felt the assessment was inequitable as it allocates more of the cost to the Armstrong property, and the costs are not in tune with the benefits. He said the assessment costs have gone up 75% since the project was originally proposed in 1982. He said the three parcels in the area that are developed will attain a more immediate benefit from the sewer project, yet a development factor was dropped from the current assessment formula. He said in addition, the nature of the project changed since 1982, in that the pipe was shortened so that two of the parcels at the dead end run are no longer assessed. He said the parcels at the end of the run get the same benefit as the rest, but are assessed less because the pipe does not go all the way along these properties. He said for this project, frontage was a poor measure of benefit. He requested this matter be sent back to Staff for an adjustment of the assessment formula so it more adequately reflects the benefits. Coun. Hoffman said she too felt the current formula was unfair and said the assessments should be based on what benefit was received from having the pipe cross one's property. She said the same benefit was received regardless of whether the pipe crossed one's entire property or only half one's property. Public Works Director Paul Wiegand described the assessment plat for the properties involved. He said there was a lesser benefit on the end run parcels than those that have continuous frontage along the pipe, and said they would have to build a longer service line to get to that pipe. He said that was Staff's reasoning in not including that portion in the frontage equation. He noted the State Nursery was to the east of the project area, and said it was very unlikely the pipe would have to be extended in that direction in the future. Coun. Tedesco asked if a similar assessment policy was used in other projects, and Mr. Wiegand said it was and had been since at least 1976. Mr. Wiegand also noted where structures were located on the parcels. He said the development component Mr. Armstrong referred to had not been included in the formula for the past 3 or 4 years. There being no one present wishing to testify further, the public hearing was declared closed. Mayor Curtis noted that a protest representing 75% of the subject property had been filed, and therefore a unanimous vote would be required for the Resolution of Necessity to pass. Motion by Wirth, Second by Campbell, to approve final adoption of RESOLUTION NO. 94-440, Resolution of Necessity for South Duff Area Sanitary Sewer Project. Coun. Wirth said she felt it was important to continue to be consistent in the policy for assessment formulas. She said although she was initially uncomfortable with the assessment formula, she felt satisfied after hearing Staff's explanation. Coun. Hoffman disagreed and said she felt the assessment formula was inappropriate in this instance. She said she would not support the motion. Coun. Parks agreed. Roll Call Vote: Voting Aye: Brown, Campbell, Tedesco, Wirth. Voting Nay: Parks, Hoffman. Resolution declared failed 4-2. Motion by Hoffman, Second by Parks, to refer the project back to Staff with direction to spread the assessments based on frontage of property, not frontage of pipe, noting that this is a unique instance and not a change in policy. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON ADMINISTRATIVE COMPLAINT AGAINST CY'S ROOST FOR FIRE CODE VIOLATIONS: Mayor Curtis declared the hearing open. Assistant City Attorney Judy Parks described the process for this hearing on over-occupancy violations on three occasions. Police Officer Tom Oxley related the September 28, 1994 incident that led to a citation for over- occupancy at Cy's Roost. He described how the establishment was not cited that evening, but in accordance with usual procedure, the Police Department made a report to the Fire Department to follow up on the following week. Officer Oxley described the physical layout of the establishment, and said he had counted 110 individuals on the upstairs premises, when the occupancy limit was 80. He said his partner and he approached the upstairs bar manager and the downstairs doorman, who indicated they didn't know for certain how many individuals were on the premises. He said the count downstairs was 145, when the occupancy limit was 129. He said it appeared no effort was being made to control the occupancy amounts. John Dethrow, Fire Inspector, described how the Police and Fire Departments work closely together to address the problem of over-occupancy. He said their job was the preservation of life and property, and they were asking for the Council's support in being able to enforce the Uniform Fire Code. He said there seemed to be a prevalent feeling among the owners of some establishments that all one had to do was pay the fine, and then go about their business without consideration of endangerment of the establishment. He said this particular establishment had been cited on four separate occasions. He said there has been a nonchalant attitude among the employees of this establishment regarding the seriousness of this violation. He said he has tried to educate establishments on the seriousness of over-occupancy, and said in some places the occupancy has gone down, where it hasn't in others due to the nonchalant attitude of the employees. He said this establishment was one of the latter. Mr. Dethrow displayed a diagram of the establishment and explained how occupancy for restaurants and taverns was calculated based on one person per every 15 square foot. He described the number of times he had talked to the managers of this establishment, the process of citing for over- occupancy, and asking for a "one-in, one-out" process to bring occupancy into compliance. He said he had told the managers of this establishment that after three citations, he would bring the matter to the City Council and ask for a stronger penalty. He said they have had three violations in the past year and a half, and no citation has been contested. Coun. Tedesco asked if the occupancy number meant the number of people that could be evacuated safely, and Mr. Dethrow said it was. Ward Leek, Assistant Fire Chief, addressed the seriousness of over-occupancy and why Staff was asking for a 30-day suspension. He said the department was committed to life safety for the community, and wished to take a proactive stance rather than react to an incident. He said they are committed to Code enforcement through the Inspections Department. Police Sergeant Craig Reid relayed how the Foot Patrol Division of the Police Department, after noticing there was not good enforcement of the occupancy requirements, began working with the Fire Department in 1982 to develop a policy of allowing officers to enforce the Fire Code immediately when they sense life-threatening situations, like the one in this establishment. He said the previous violation had occurred just two weeks prior to the 9/28/94 violation. He said while there was typically a grace period after an establishment was cited, this particular establishment never seems to be correcting the problem. He said he agreed with the Fire Chief's recommendation that the warning be sent to this establishment and others that over-occupancy will not be tolerated. Dario Zaffarano, 621 Main, said he was the attorney for the licensee. He said there had been a number of violations over the past year as indicated by Staff. He said in this particular instance, the Fire Code provided for an up to 10% overage before deemed as being overcrowded. He said the officers did not seek to obtain a count downstairs. He said the previous violation occurred three weeks prior to the September 28 incident, rather than two weeks as stated by Staff. Patrick Greene, General Manager, Cy's Roost and Lost and Found Lounge, said he was present for a portion of the evening of September 28, 1994, but had left by the time the Police arrived. He said the doorman for back door was not available that evening, and he himself had been watching the back door.He said many people seem to congregate in the upstairs area. He said according to his count, at 9:30 p.m. the occupancy for both the upstairs and downstairs bars combined was 20 under the limit. He said it was the responsibility of the doorman to count the individuals on the premises, and after the September 28 citation, the doorman was terminated. Mr. Greene admitted they did not take appropriate measures after the first violation. He said the majority of their employees were students, and said sometimes students were lax about rules. He said since that citation, however, they have tried to follow the rules. He said they have no desire to have the occupancy number increased, and said they were doing a better business with less people present. He described measures they have taken since the first violation, such as having a floor person walking through the establishment during the evening to take regular counts, and distributing a newsletter to remind employees of the importance of occupancy compliance. He said he had asked Mr. Dethrow to make another evaluation of the occupancy number since a cooler was removed, but was told it would not make that much difference and that the establishment should try to stay within 10% of the guidelines for occupancy. He said he believed in taking responsibility for his own actions. He said he felt they had made maximum effort for the establishment to now stay within compliance. He said they were requesting a 2-day suspension. Coun. Campbell expressed concern regarding the attitude of the employees and their respect for the law. Mr. Greene said he believed in the integrity of the managers, and said he didn't believe their attitude was the problem. Coun. Tedesco asked who was directly responsible for training the doormen, and Mr. Greene said he was. He said he had made an error in hiring the doorman who was working on the 28th. Coun. Tedesco asked if Mr. Greene had been made aware previously that future violations could result in the suspension of the establishment's license and Mr. Greene said he had been. Coun. Hoffman suggested Mr. Greene provide his employees with hand-held counters for use at the door. Coun. Brown left the meeting at 10:10 p.m. Coun. Tedesco asked whether Council could issue a warning this evening that if another violation occurred within a certain period of time, an automatic 30-day suspension would occur. City Attorney John Klaus said a future suspension would require due process for another hearing. Coun. Campbell said she felt all the warnings had been issued, and Council was being asked to take action this evening. Mr. Zaffarano said the citation for September 28 was not based on the upstairs occupancy but on the downstairs occupancy. He said the three alternatives listed on the Council Action Form were misleading. He said there were only two options, to suspend or not to suspend. He said the Council could choose any amount of time for the suspension if they felt it was necessary to rectify the situation. He said the Council needed to decide whether this situation was one of rectifying a dangerous situation, or a matter of simply punishing a licensee for an action. He said if they determined it was the former, Mr. Greene had indicated he had handled the situation as best he knew how and there would not be any further violations. He said the City Code provided a standard penalty for violation of the Fire Code, an escalation of monetary offenses up to repeating $200 offenses for every further violation of a similar kind. He said the Staff was asking for an additional penalty on top of that monetary fine, which might result in the individual having to shut down his business altogether. He said that was a punishment which would not fit this particular crime. Mr. Dethrow said the 10% overage referred to can be granted under extraordinary measures, but it was not an automatic allowance. He said it was granted by the Fire Chief on a case-by-case basis for one-time only. He said it had never been discussed or asked for in the case of this establishment. There being no one present wishing to testify further, the hearing was declared closed. Coun. Tedesco said he was concerned that the licensee was asking for a 2-day suspension at a convenient time when school was not in session. Motion by Tedesco, Second by Parks, to suspend the liquor license of Cy's Roost for 15 days beginning January 21, 1995. Coun. Parks said he could appreciate the difficulties Mr. Greene experienced in operating his business, but said anyone who holds a liquor license has the responsibility of solving those problems. He said he didn't see where anything had been done to mitigate the circumstances of these repeated violations. He said he was not certain he agreed with a 15-day suspension, and felt a violation of this significance warranted a 30-day suspension as requested by Staff. Coun. Campbell agreed that a 30-day suspension was warranted and said it could begin this weekend, which would include many "low-business" days for the establishment. Coun. Parks said he also felt the fine structure should be raised. City Attorney John Klaus noted the fine schedules were adopted by the State. Vote on Motion: 1-4. Motion declared failed 1-4. Motion by Campbell, Second by Parks, to suspend the liquor license of Cy's Roost for 30 days, beginning December 18, 1994. Roll Call Vote on Motion: 5-0. Motion declared carried unanimously. RECESS: Mayor Curtis declared a recess at 10:30 p.m. RECONVENE: The regular meeting reconvened at 10:33 p.m. HEARING ON PEARLE AVENUE STORM SEWER PROJECT: Mayor Curtis declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Hoffman, Second by Wirth, to adopt RESOLUTION NO. 94-521 approving final plans and specifications and awarding contract to Con-Struct, Inc. of Ames, Iowa in the amount of $60,706.25. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE AMENDING MUNICIPAL CODE REGARDING REGULATIONS FOR TREE TRIMMERS: Motion by Hoffman, Second by Parks, to pass on first reading an ordinance amending Municipal Code regarding regulations for tree trimmers. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Parks, Second by Wirth, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Hoffman, Second by Tedesco, to pass on second and third readings and adopt ORDINANCE NO. 3309 amending Municipal Code regarding regulations for tree trimmers. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REZONING PROPERTY LOCATED AT 221, 223, 229, and 301 STANTON AVENUE FROM R-3 (MEDIUM-DENSITY RESIDENTIAL) TO R-4 (HIGH DENSITY RESIDENTIAL): Motion by Tedesco, Second by Parks, to pass on second reading an ordinance rezoning property located at 221, 223, 229, and 301 Stanton Avenue from R-3 (Medium-Density Residential) to R-4 (High-Density Residential). Roll Call Vote: 5-0. Motion declared carried unanimously. HEARING ON REZONING OF LAND SOUTHWEST OF INTERSECTION OF OAKWOOD ROAD AND ELWOOD DRIVE FROM R-2 TO R2 PUD (SUSSEX PLACE): Motion by Tedesco, Second by Hoffman, to pass on second reading an ordinance rezoning land generally located southwest of the intersection of Oakwood Road and Elwood Drive from R-2 to R2 PUD (Sussex Place). Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCES REVISING MUNICIPAL CODE REGARDING FOUNDATIONS: Motion by Wirth, Second by Hoffman, to pass on second reading an ordinance amending Municipal Code to establish inspection requirements pertaining to subgrade walls. Motion by Campbell, Second by Wirth, to table this item. Vote on Motion: 5-0. Motion declared carried unanimously. Motion by Campbell, Second by Tedesco, to table second reading of an ordinance amending Municipal Code for the purpose of stating standards pertaining to the construction of foundation walls. Vote on Motion: 5-0. Motion declared carried unanimously. ORDINANCE REGULATING PARKING AND SPEED LIMIT ON SOUTHEAST FIFTH STREET, AND DESIGNATING IT AS THROUGH STREET FROM DAYTON ROAD TO FREEL DRIVE: Motion by Tedesco, Second by Hoffman, to pass on second reading an ordinance regulating parking and speed limit on Southeast Fifth Street and designating same as through street from Dayton Road to Freel Drive. Roll Call Vote: 5-0. Motion declared carried unanimously. PARKING PROHIBITIONS ON HEMLOCK CIRCLE: Motion by Parks, Second by Campbell, to pass on second reading an ordinance designating parking prohibitions on Hemlock Circle. Roll Call Vote: 5-0. Motion declared carried unanimously. ON-STREET PARK I NG REG ULATI O NS I N AREA OF 20TH STREET/HAYES/MCKINLEY: Motion by Tedesco, Second by Hoffman, to pass on second reading an ordinance changing on-street parking regulations in the area of 20th Street/Hayes/McKinley. Roll Call Vote: 4-1. Voting Aye: Campbell, Hoffman, Parks, Tedesco. Voting Nay: Wirth. Absent: Brown. Motion declared carried 4-1. ORDINANCE BANNING LEAF AND YARD WASTE BURNING, EXCEPT FOR DESIGNATED PERIODS: Motion by Campbell, Second by Wirth, to pass on third reading and adopt ORDINANCE NO. 3308 banning leaf and yard waste burning, except for the period of October 1 through December 1, and April 1 through May 1. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PARKING RIGHTS DISPUTE (GILCHRIST STREET, EAST OF KELLOGG): City Attorney John Klaus said there is an area of land along the south side of the railroad tracks east of Kellogg which looks like a City street but is not owned by the City. He pointed out Lot 16 of Ames Grain and Coal Company, Second Addition, on the map, and said the legal status of this land has been a subject of controversy for quite some time. He said there was ambiguous language in an easement agreement to Lot 11 which appears to express an intention by the former owners to dedicate the use of Lot 16 to the public for street and parking purposes. He said the City has been involved in clearing snow and providing minimal maintenance to this land, and in 1990, began to lease out these spaces, for approximately $25-$30/month, or $2,000-3,000 per year. He said the attorney for the present owner has contacted the City, saying they feel it is inappropriate for the City to use this land for public parking without payment to him. He discussed the doctrine of Common Law Dedication. Barry Nadler, 612 Kellogg, said he represented Bud Corieri, the property owner. He said his client felt it inappropriate that City makes money on property that he pays taxes on. He said use alone is not enough to establish easement by Common Law Dedication. He suggested the Council grant 30 days of good faith negotiation between the City Attorney and Mr. Nadler to see if an agreement on this matter can be reached without litigation. Motion by Parks, Second by Tedesco, to allow 30 days for discussion and authorize litigation if this issue is not resolved in that time period. City Attorney Klaus said Staff would bring back to Council any negotiated settlement that might be reached. Vote on Motion: 5-0. Motion declared carried unanimously. ANNEXATION OF 71.3 ACRES LOCATED NORTH OF BLOOMINGTON ROAD, EAST OF C&NW RAILROAD, AND WEST OF BLOOMINGTON HEIGHTS SUBDIVISION: Motion by Hoffman, Second by Tedesco, to adopt RESOLUTION NO. 94-520 approving annexation of 71.3 acres located north of Bloomington Road, east of the Chicago/Northwestern railroad tracks, and west of Bloomington Heights Subdivision. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REVISION OF PARKING METER MAP: Motion by Wirth, Second by Tedesco, to adopt RESOLUTION NO. 94-522 approving revision of parking meter map to remove a metered space to allow relocation of postal collection boxes on Chamberlain Avenue. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. TRAFFIC SAFETY IMPROVEMENT PROGRAM GRANT FOR SOUTH 3RD AND WALNUT TRAFFIC SIGNAL INSTALLATION: Motion by Wirth, Second by Tedesco, to adopt RESOLUTION NO. 94-523 approving Traffic Safety Improvement Program grant for South 3rd and Walnut traffic signal installation. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Coun. Parks read a statement from Coun. Brown thanking Public Works Director Paul Wiegand for his December 13, 1994 memo on Snow Policies and Procedures. In her statement, Coun. Brown expressed concern that the budget allocations for snow removal have remained steady, as has the level of service, yet the number of streets has increased due to the City's growth. She said she wanted Staff to be aware in advance that she would be asking for five years' data, done year by year, showing the number of streets, budget allocation, and level of service for snow and ice control. Coun. Parks said he had received an inquiry regarding the Pawnbroker's Ordinance, and asked that Staff review how often it is used. Coun. Parks said he had been contacted by a business owner in Campustown with concerns regarding semi-trucks turning west onto Chamberlain, then turning south around the Clocktower and going up over the sidewalks. He said a "No Left Turn" sign may be needed in the area. Coun. Wirth said she's heard a number of concerns regarding semi-trucks blocking streets in the Downtown area, and asked that Staff express those concerns to the appropriate people. Coun. Wirth said at the recent meeting of neighborhood association representatives, there was much interest expressed in becoming a part of the City's Council's outreach program, similar to that established with the PTO groups. She said if other Councilors were interested, she would like Staff to schedule such a program with neighborhood associations after the City's budget process. Coun. Tedesco said he wished to commend the Police Department on their "Shop with a Cop" program. Coun. Tedesco asked that Staff review the letter received from Mr. Whatoff regarding selling the old Campus Plaza building, respond to Mr. Whattoff, and make a recommendation to Council sometime in January. Coun. Hoffman said she had met with Mr. Whattoff and said she would give the City Clerk a letter regarding his request to distribute in this week's Council packet. Coun. Hoffman suggested the Council's January 5, 1995 luncheon meeting with State Representative Cele Burnett replace the regular monthly Council lunch meeting. There was consensus that there be no Council Lunch meeting scheduled for January 6, 1995. ADJOURNMENT: The meeting adjourned at 10:55 p.m. Larry R. Curtis, Mayor Sandra L. Ryan, City Clerk