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HomeMy WebLinkAbout~Master - July 14, 2020, Regular Meeting of the Ames City Council MinutesMINUTES OF THE MEETING OF THE AMES AREA METROPOLITAN PLANNING ORGANIZATION TRANSPORTATION POLICY COMMITTEE AND REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA JULY 14, 2020 AMES AREA METROPOLITAN PLANNING ORGANIZATION (AAMPO) TRANSPORTATION POLICY COMMITTEE MEETING Mayor Haila announced that it is impractical to hold an in-person Council meeting due to the Governor of Iowa declaring a public health emergency because of the COVID-19 pandemic. Therefore, limits have been placed on public gatherings, and this meeting is being held as an electronic meeting as allowed by Section 21.8 of the Iowa Code. The Mayor then provided how the public could participate in the meeting via internet or by phone. CALL TO ORDER: The Ames Area Metropolitan Planning Organization (AAMPO) Transportation Policy Committee meeting, which was being held electronically, was called to order by Ames Mayor and voting member John Haila at 6:01 p.m. on the 14th day of July, 2020. Other voting members brought into the meeting were: Bronwyn Beatty-Hansen, City of Ames; Gloria Betcher, City of Ames; Amber Corrieri, City of Ames; Tim Gartin, City of Ames; Rachel Junck, City of Ames; David Martin, City of Ames; Lauris Olson, Story County Supervisor; Bill Zinnel, Boone County Supervisor. Jacob Schrader, Transit Board, and Jon Popp, Mayor of Gilbert were absent. HEARING ON FINAL FFY 2021-2024 TRANSPORTATION IMPROVEMENT PROGRAM (TIP): Public Works Director John Joiner stated that the draft Transportation Improvement Program (TIP) was presented to the Policy Committee in May 2020 and was unanimously approved. During the public comment period, the document and project maps were available online and at a public input session held virtually. No comments were received from the public. Staff received and addressed minor comments from the Iowa Department of Transportation, Federal Highway Administration, and Federal Transit Administration. Lauris Olson, Story County Supervisor, noted that the TIP is due to the Iowa Department of Transportation tomorrow, and even though the draft was approved in May, things have changed for the County. The County would be interested in advocating to look at roundabouts that are needed in the north and northwest part of the community. Ms. Olson wanted to verify that she would not be able to add the roundabouts to the TIP. Director Joiner confirmed that any changes would not be able to be submitted. Mr. Joiner stated a new application would have to be submitted, and any new applications were due in the winter of 2019. Any new projects would need to be brought up in the winter of 2020. The process is similar to the Capital Improvement Plan (CIP) as it allocates funds for the first year and the next three years are more of a planning document. If the County would like to raise projects for consideration, that can be done in the next fiscal year application period. Ms. Olson mentioned that the County would want to submit something. She noted that the County has become increasingly convinced that the discussions between funders and decision-makers need to start occurring when it comes to roundabouts for a couple of intersections in the north and northwest part of the community. She noted that one of the roundabouts could be a joint project between the City and the County located at George Washington Carver and Cameron School Road. Ms. Olson mentioned that another area would be within the City of Ames purview and explained that the County discovered this when the City of Ames annexed an area up to 190th Street around Hyde Avenue, and both sides of the street were annexed. The third area would be within the AAMPO boundaries and that is George Washington Carver and 190th Street. Ms. Olson noted tonight is her formal request to start discussions and to have staff work on putting the roundabouts into the Transportation Plan that will be put before the AAMPO in Fiscal Year 2022. Council Member Betcher inquired if the Commission was to entertain the changes recommended by the County for the next fiscal year if the Council would have to ask the Traffic Engineer to do traffic studies. Director Joiner noted that in order for a project to be funded, it has to be noted in the Long-Range Transportation Plan. Any project that has funding requested has to be shown in the Plan and then has to follow the application process. The application period is open during the winter and each project would have to have a sponsor. The formal application would have to be submitted to the AAMPO by the Technical Committee, which is then brought to the Policy Committee. Mayor Haila questioned how it was determined if a roundabout is appropriate or if other traffic control methods were warranted or needed in different locations. The request from Supervisor Olson was to put three roundabouts into the Plan. He inquired as to what is recommended in terms of doing an assessment/analysis or if the request was appropriate. Director Joiner noted that was a question more for the next item on the Agenda. He explained that discussions have already occurred between City staff, County staff, and the developer on George Washington Carver Road and Cameron School Road. Mayor Haila asked if the discussions had been about roundabouts or a different type of system. Director Joiner noted the discussion was about intersection improvements, and the engineering staff will decide which treatment is best; whether, it would be roundabouts, turn lanes, or signalization. Mayor Haila asked what kind of direction would be needed. Mr. Joiner explained that now is not the appropriate time as the projects need to appear in the Long-Range Transportation Plan first and then there would need to be internal discussions among the City, County, and developer staff on who the sponsor would be and how the cost-share might work. Once a sponsor has been defined, it would be appropriate to have an application submitted to the AAMPO to make the intersection improvements. County Supervisor Olson asked for the definition of “sponsor,” asking if it would be the County or the City. Mr. Joiner mentioned that it would be Story County, the City, or Boone County. Any entity can complete an application for an improvement within the boundaries as that project’s sponsor. Ms. Olson commented that it was her understanding from County Supervisor Murken, who has taken the lead on the request for the County, that those discussions had been had and the County was unable to do anything as it was within the City; that is why she is bringing it up to the Policy Committee. Linda Murken, Story County Supervisor, noted that she has been in discussion over the past year with both the developer and City staff, but she is not on the AAMPO, so she is unaware of the process. Ms. Murken mentioned that maybe she needs to meet with the AAMPO and have further discussions about how to proceed. County Supervisor Murken stated that a traffic study was done 2 over a year ago that did include the three intersections that Supervisor Olson referred to earlier. The information is there, but she needs to know what the process is and discuss it with Story County to see how they can further those needs for next year. Ms. Murken stated that she did sit through a preliminary training session with the Department of Transportation about roundabouts and was really impressed. Mayor Haila opened the public hearing. Since no one asked to speak, he closed the public hearing. Moved by Beatty-Hansen, seconded by Zinnel, to approve RESOLUTION NO. 20-360 approving the final FFY 2021 - 2024 Transportation Improvement Program. Vote on Motion: 9-0. Motion declared carried unanimously. UPDATE TO 2045 LONG-RANGE TRANSPORTATION PLAN DEVELOPMENT: Traffic Engineer Damion Pregitzer introduced Brian Ray, Project Manager with HDR Engineering Inc., who has been hired to do the update to the 2045 Long-Range Transportation Plan. Mr. Ray noted that when moving forward with his presentation, he will be referring to the 2045 Long-Range Transportation Plan as the “Forward 45". He commented that today he wanted to review the vision, goals, and objectives process that was done, discuss performance measures and performance-based planning, and then discuss any potential alternatives. Mr. Ray stated that they wanted to look at multiple sources to gain input into developing the vision, goals, and objectives for the Forward 45 Plan. Some information was gained from a regional travel survey, in-person visioning open house, on-line visioning open house, and working with the Transportation Technical Committee. The regional travel survey was done by a sub-consultant in order to gain perceptions on different transportation issues, the types of transportation methods that the City of Ames citizens use, and concerns regarding traffic safety. The survey was done by a random sample of residents through a letter format where 404 surveys were returned. A regional travel survey executive summary was shown on screen, and it was noted that overall 48% of the people in the Ames area said that the overall transportation system was good, while 35% said it was average, 10% thought it was poor, and 8% felt it was excellent. Two of the issues that came up during the survey was the flow of traffic during peak times and the ease of north/south travel in the Ames area. An in-person visioning open house was held on November 14, 2019, at the Ames Public Library. There were approximately 40 in-person attendees. An on-line visioning open house was held from November 14 through November 27, 2019, where participants could log in on-line and go through the same exercises as they would have been able to do in-person. The on-line visioning open house had a total of 91 visitors. It was noted that during the open houses, participants could do a mapping exercise, answer questions about what they would do to improve the Ames transportation system, and prioritize the vision of transportation. Mr. Ray stated the during the visioning exercise it was noted that citizens felt that accessibility, sustainability, and safety were the top three priorities for citizens. 3 A vision statement was developed based on the feedback received. The Forward 45 Vision Statement is “The Ames area future transportation plan delivers, safe, efficient, and reliable solutions that are accessible to all users. The plan focuses on preserving the existing network and shaping the public realm through placemaking, while providing long-term sustainability.” The six different goal areas that were set were: Accessible, Safe, Sustainable, Efficient and Reliable, Placemaking, and Preservation. Mr. Ray stated that there were federal requirements that each transportation organization has to follow, and they needed to incorporate the Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) Performance Measures. The Performance Masures that needed to be met were: Safety, Transit Asset Management, Pavement, Bridge, System Performance, Freight, and Transit Safety. Mr. Ray explained that Federal Planning Factors also must be met. The Federal Planning Factors were: •Economic Vitality •Safety •Security •Accessibility & Mobility •Environment, Energy Conservation & Quality of Life •Integration & Connectivity •System Management & Operations •Preservations •Resiliency & Reliability •Travel & Tourism Once the goals were set, HDR was able to put together the objectives of each goal to meet all the requirements. As part of a Metropolitan Planning Organization (MPO), a Performance-Based Planning approach needs to be utilized to develop a Transportation Plan. An example was shown as to how each goal and objective is assigned a performance measure and then scored to help identify high, medium, or low priority projects. Mr. Ray noted that the original plan was to hold an in-person meeting in order to identify what types of alternatives and strategies should be considered in order to meet the goals and objects, but due to COVID-19, the meeting was changed to online participation only. The online open house was held from March 31 through April 14, 2020, and received 443 total views with 193 responses. There were three types of mapping exercises done. The first was a roadway mapping exercise where 85 comments were received, the next was a bicycle/pedestrian mapping exercise that received 56 comments, and the last was transit mapping that received a total of 26 comments. All the information was reviewed, and a technical analysis was done by looking at traffic and safety and other areas that need improvement. HDR Engineering also worked with the Transportation Technical Committee to review other plans and studies. An example was shown of potential and committed roadway projects. He explained that committed are projects that are already set up in the Transportation Improvement Program or committed through the City of Ames Capital Improvements Program. The potential projects were projects that might be considered for the Long- Range Transportation Plan. The same type of map was shown overhead for bike and pedestrian projects and transit projects. The next step will be to identify if there are any other potential projects or alternatives that have not 4 been identified yet and analyzed. Mr. Ray explained they will start the analysis process soon, and if anyone thought of any other potential project; HDR would need to be notified soon in order to be included in the analysis process. HDR will analyze projects and prioritize the projects to high, medium, and low, and then will look at the financial aspects to develop a plan. Mr. Ray stated that HDR will present the list to the Policy Committee in September 2020. Any adjustments would be made with the draft plan to be available for 30-days. The final plan will be presented to the Policy Committee in October 2020 for adoption. Mayor Haila asked Mr. Ray to bring up the slide that showed the committed and potential projects and referenced Supervisor Olson’s earlier comments about Cameron School Road and potential projects. Mayor Haila indicated that item 1, 2, 2a, and 3 on the map show the project description as being traffic signals, turn lanes, or roundabouts. Mr. Ray commented that at this point they are unsure if those projects will be roundabouts or traffic signals. Projects 1, 2, 3 are roundabouts and Projects 1a, 2a, 3a are signals, which would include turn lanes. He noted that in the potential alternatives they would be looking at it both ways. Mayor Haila inquired if part of HDR’s scope of service is to develop budgets for both the options or do traffic studies need to be done. Mr. Ray explained they would not do traffic studies, but would do a high-level evaluation to come up with a recommendation. A detailed traffic study would be done later, but would have high-level budgetary numbers for each project. HDR does not go through an in-depth engineering study for each project as the Long-Range Transportation Plan is a more high-level document that identifies the projects, but prior to construction a more detailed traffic analysis would be done. Mayor Haila wanted to know how the projects would be prioritized. Mr. Ray commented that based on all the performance measures, HDR would go through and assign a score to each alternative and see where the scoring ends and try to put all the projects in categories as to what would be considered high, medium, and low-level projects. Another thing to take into consideration is timing as some of the projects are needed sooner rather than later. Mr. Ray noted that if something scores high, it doesn’t mean it has to happen right away, but within the next 25 years. Mayor Haila inquired if Project 1 came up as a low priority, but the AAMPO wanted it to be a higher priority would it compromise any funding. Mr. Ray stated the MPO uses a Performance-Based Planning Process to identify which projects should move into the Long-Range Transportation Plan and the Transportation Improvement Plan, in theory it could, but would need to document why it was put into the Transportation Improvement Plan. Traffic Engineer Pregitzer stated that if a project didn’t meet the short-term, then any project that shows up in the short-term are projects that are not eligible to be accepted into the TIP. All that means is the project would not be eligible for federal funding without doing a major amendment. Mr. Pregitzer stated that it could be something to discuss in more detail later. Once the Policy Committee sees the list of projects priorities, they may move some around. It was noted that if a project didn’t meet federal funding, there were other grants that could be considered. Council Member Betcher questioned the scoring on accessibility that was shown as an example of performance measures as she noticed the mention of environmental justice areas that have been identified and wondered if that had been identified through the Census or if it was something the City identifies based on the process. Traffic Engineer Pregitzer commented that they use the Census information. Mr. Ray stated that under sustainability, there is an objective to promote financially 5 sustainable transportation system investments, which is the cost to build something and maintain it. A lot of the time the cost comes into play when developing the constraint plan as to what can fit into the budget and what cannot. Council Member Gartin commented that the Council works closely with the Ames Bicycle Coalition. He wanted to know if that group had been involved in the process and whether there would be future opportunities for further input. Mr. Ray noted that some of the members from the Ames Bicycle Coalition have been involved, but maybe not the whole committee. A sub-consultant, Nelson\Nygaard, is helping on the bicycle/pedestrian portion and has been in contact with the Ames Bicycle Coalition. A few members had gone on a bike ride with Nelson\Nygaard to help get a visual assessment of the area. They will be working with the Ames Bicycle Coalition more going forward. Supervisor Olson wanted to know when the appropriate time would be to give feedback for some of the individually listed projects that are on the potential list. Mr. Ray stated if there were projects that HDR is not showing as potential projects, they would like feedback as soon as possible through the AAMPO website, but as for any project already listed, HDR is working on the prioritization list that will be presented in September. The meeting in September would be the appropriate time for feedback. Ms. Olson stated that a project shown mentions paving out to a particular road and the County has shut down the bridge on that road. She commented that it will be very expensive to redo the bridge. Ms. Olson questioned the possibility of an overpass/underpass on 580th Street (Teller Avenue) between Lincoln Way and East 13th Street. The Union Pacific railroad has a switch station in this area and traffic use has already increased. The City recently annexed that area (East Industrial Area). Supervisor Olson commented that within the next 3-4 years, the traffic concerns for that area will be massive. Mayor Haila temporarily suspended the meeting at 6:55 p.m., due to a tornado warning. The meeting reconvened at 7:21 p.m. Traffic Engineer Pregitzer asked, if there is anything on the candidate lists that the Policy Committee members do not see or hear about from now until July 31, 2020; please email those to any of the City staff. POLICY COMMITTEE COMMENTS: Supervisor Olson commented that in the Council packet she saw that staff is referring an email from HIRTA about service changes. She noted that she is Vice-Chair of the HIRTA Board and wanted to let the Committee know that the HIRTA staff will be presenting to the Board of Supervisors next Tuesday about funding and possible changes to service delivery that could impact Ames residents. She encouraged anyone who wants to hear the presentation to watch the meeting. ADJOURNMENT: Moved by Gartin, seconded by Olson, to adjourn the AAMPO Transportation Policy Committee meeting at 7:25 p.m. Vote on Motion: 9-0. Motion declared carried unanimously. 6 CALL TO ORDER: Mayor John Haila called the Regular Meeting of the Ames City Council, which was being held electronically, to order at 7:25 p.m. with the following Council members participating: Bronwyn Beatty-Hansen, Gloria Betcher, Amber Corrieri, Tim Gartin, Rachel Junck, and David Martin. Ex officio Member Nicole Whitlock was also present. PROCLAMATION FOR PARKS & RECREATION MONTH, JULY 2020: Mayor Haila proclaimed July 2020, as “Parks & Recreation Month.” Parks and Recreation Director Keith Abraham thanked the Mayor and Council. Mr. Abraham pointed out that due to the pandemic, the Parks and Recreation Department does not have a lot of activities planned. Two activities were highlighted. The first one was for Virtual Municipal Band Concerts that will be held every Thursday at 8:00 p.m. The Parks and Recreation Department wanted to promote the “City of Ames Backyard Camp-out,” which will be held on Saturday, July 25, 2020. Information will be coming out for that event in the next few days. Mr. Abraham encouraged citizens to camp outside in their backyard or even in the living room, and take pictures to share their experiences. He would like to see how many people they can get to camp-out. Director Abraham thanked everyone that is involved within his department, the Mayor and Council, and the Parks and Recreation Commission for their continued support. CONSENT AGENDA: Moved by Corrieri, seconded by Betcher, to approve the following items on the Consent Agenda. 1.Motion approving payment of claims 2.Motion approving Minutes of Special Meeting of June 16, 2020, and Regular Meeting of June 23, 2020 3.Motion approving certification of Civil Service applicants 4.Motion approving Report of Change Orders for period June 16 - June 30, 2020 5.Motion approving 5-day (July 28 - August 1) Class C Liquor License with Outdoor Service for Gateway Market at ISU Reiman Gardens, 1407 University Blvd 6.Motion approving Catering Privilege with Class C Liquor License - Café Beau, 2504 Lincoln Way 7.Motion approving temporary Outdoor Service Privilege Area (August 8, 2020) for Special Class C Liquor License - Tip Top Lounge, 201 E Lincoln Way 8.Motion approving Class A Liquor Ownership Change for Green Hills Residents’ Association, 2200 Hamilton Drive, Suite 100 - pending satisfactory background checks 9.Motion approving renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: •Class C Liquor License with Sunday Sales -Applebee’s Neighborhood Grill & Bar, 105 Chestnut •Class C Liquor License with Living Quarters and Sunday Sales - Sportsman’s Lounge, 123 Main Street •Class E Liquor License with Class B Wine Permit, Class C Beer Permit (Carryout Beer), and Sunday Sales - AJ’s Liquor II, 2515 Chamberlain •Special Class C Liquor License with Sunday Sales - Huhot Mongolian Grill, 703 S. Duff Avenue, Suite #105 7 10.Motion directing City Attorney to prepare Ordinance revising Municipal Code Section 17.33 pertaining to selling, giving, or supplying tobacco, tobacco products, or cigarettes to persons under 18 years of age 11.Motion authorizing Mayor to sign Application in support of Main Street pursuing funding through Story County’s Urban Revitalization Program (Main Street Beautification Grant) 12.RESOLUTION NO. 20-361 approving the CARES Act Grant Agreement for the Ames Municipal Airport in the amount not to exceed $69,000 13.RESOLUTION NO. 20-362 approving the FAA Grant for the FY 2020/21 Airport Improvements (Electrical Vault & Lighting Project) and authorizing Mayor John Haila as the sponsor’s authorized agent 14.RESOLUTION NO. 20-363 waiving City’s formal bidding procedures and authorizing staff to negotiate the purchase of a ladder truck with two vendors and through a cooperative 15.RESOLUTION NO. 20-364 waiving formal bidding requirements and authorizing City staff to enter into Software Maintenance Contract for FY 2020/21 from Superion, LLC, for the Multi-Agency Public Safety Group 16.RESOLUTION NO. 20-365 waiving formal bidding requirements and authorizing City staff to enter into Software Maintenance Contract for FY 2020/21 from Superion, LLC, for City’s Financial, Utility Billing, Building Permit, and Citation Management Applications 17.RESOLUTION NO. 20-366 Construction Company of Ames, Iowa, in the amount of $102,620 for the base bid, plus Alternative #1 and Alternative #3 18.RESOLUTION NO. 20-367 awarding contract to Terry-Durin Company of Cedar Rapids, Iowa, for LED Luminaries Supply Contract for Electric Distribution in accordance with unit prices bid 19.Water Treatment Plant Lime Sludge Disposal Contract: a.RESOLUTION NO. 20-368 accepting completion of Year Two (FY 2019/20) Lime Sludge Disposal Contract with Wulfekuhle Injection and Pumping, Inc., of New Vienna, Iowa, in the final amount of $472,745.55 b.RESOLUTION NO. 20-369 awarding Year Three (FY 2020/21) Lime Sludge Disposal Contract to Wulfekuhle Injection and Pumping, Inc., of New Vienna, Iowa, in the amount of $381,900 20.RESOLUTION NO. 20-370 awarding a contract to ChemTreat Inc., of Glen Allen, Virginia, for the Chemical Treatment Program for Electric Services in the amount not to exceed $290,000 21.Steam Turbine No. 8 Parts Procurement for the Power Plant: a.RESOLUTION NO. 20-371 awarding contract to Argo Turboserve Corporation, of Rutherford, New Jersey for Steam Turbine No. 8 Parts Procurement in the amount of $1,065,217 (applicable sales taxes will be paid directly to the State of Iowa by the City as the vendor is not licensed to collect and remit Iowa Sales Taxes) b.RESOLUTION NO. 20-372 awarding contract to Mechanical Dynamics & Analysis LLC (MD&A), of Clifton Park, New York, for Steam Turbine No. 8 Parts Procurement in the amount of $144,960.47 c.RESOLUTION NO. 20-373 awarding contract to Alin Machining Company, Inc. (Power Plant Services), of Melrose Park, Illinois, for Steam Turbine No. 8 Parts 8 Procurement in the amount of $99,637.19 d.RESOLUTION NO. 20-374 awarding contract to Action Turbine Repair Service, Inc. (ATRS), of Summit, Illinois, for Steam Turbine No. 9 Parts Procurement in the amount of $39,160 (applicable sales taxes will be paid directly to the State of Iowa by the City as the vendor is not licensed to collect and remit Iowa Sales Taxes) 22.RESOLUTION NO. 20-375 approving Change Order No. 14 with Ritts Law Group of Sanibel, Florida, for specialized environmental legal support, analysis, and Iowa DNR Construction Permit preparation work in the amount of $75,000 23.RESOLUTION NO. 20-376 approving contract and bond for 2020/21 Airport Improvements Program (Electrical Vault & Lighting Project) 24.RESOLUTION NO. 20-377 approving contract and bond for 2019/20 Share Use Path System Expansion - Vet Med Trail (S. 16th Street to ISU Research Park) 25.RESOLUTION NO. 20-378 approving contract and bond for 2019/20 Arterial Street Pavement Improvements - 13th Street (Wilson Avenue to Duff Avenue) 26.Ames/ISU Ice Arena Parking Lot Renovation Project: a.RESOLUTION NO. 20-379 approving Change Order No. 1 in the amount of ($4,859.50) to Manatt’s, Inc., of Ames, Iowa b.RESOLUTION NO. 20-380 accepting completion of the Ames/ISU Ice Arena Parking Lot Renovation Project Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. PUBLIC FORUM: Mayor Haila opened Public Forum. No one requested to speak, so he closed Public Forum. DISCUSSION ON POSSIBLE CITY RESPONSES TO COVID-19: City Attorney Mark Lambert gave a brief overview of the three items he mentioned in his memo dated July 10, 2020, concerning face coverings, bars, and other information. He noted the first item was regarding face coverings. Citizens have been requesting that the City of Ames take action and mandate face coverings be worn in public places. The Iowa Attorney General’s office has made it clear that when the Governor issued a Public Health Emergency Proclamation, she retains the authority. The Iowa Code says she can delegate that authority to local governments, but this has not been done yet. The City of Ames has no Home Rule Authority. The issue of face coverings came about again when the Mayor of Muscatine, Iowa, issued a Proclamation mandating face coverings for most people in public. The Muscatine County Attorney issued a press release stating that he believed the Muscatine Mayor had overstepped her authority and that his office would not prosecute people charged with municipal infractions for not wearing a face covering. Mr. Lambert commented that he understands that people would like to require face coverings in public, but the law in Iowa says that a City doesn’t have that authority. The second item to address was the discussion of bars. Attorney Lambert mentioned that there have been several reports regarding overcrowding in bars around Ames. It appears that there are some bars 9 that are not following the social-distancing requirements of the Governor’s Proclamation. Mr. Lambert commented that he reviewed the Governor’s Proclamation, and it is clear that management of the bar has to ensure that there is six feet of physical distance between each group or individual dining or drinking alone, all patrons must have a seat at a table or bar, and the establishment must limit patrons from congregating together closer than six feet. Under the Governor’s Proclamation, if any bars are not following the Proclamation, they are not allowed to be open. If a bar is violating the Governor’s Proclamation, the City has the authority to cite the owner or manager with a simple misdemeanor. Attorney Lambert stated that he had spoken with the attorneys at the Alcoholic Beverages Division and also to the City of Ames Police Department. The recommended course of action would be: 1.The City Attorney sends a letter to all liquor/beer license holders in Ames informing/reminding them in detail of the social-distancing restrictions in the Governor’s Proclamation and informing them that abiding by those requirements is a condition of remaining open. 2.The warning letter informs the bar owners that the following actions could take place if they are found to be in violation of the Governor’s Proclamation: a.The bar owner or manager may be charged with a simple misdemeanor. b.They may be ordered to close temporarily as it is in violation of the Governor’s Proclamation and they would not lawfully allowed to operate. c.The bar’s liquor/beer license/permit may be suspended for a period of up to one year, or revoked, or a civil penalty of up to $1,000 could be assessed. 3.The Police Department will do spot checks to evaluate compliance and educate or enforce as necessary. In addition to monitoring compliance and, if necessary, citing bar operators for non-compliance, the Police Department will report any pattern of violations to the City Council. The third part of the memo was listed as “other” and is regarding partnering with other organizations. Council Member Betcher inquired if the statement that every patron must have a seat was due to capacity or do people have to be seated. Mr. Lambert stated there has to be a seat for each person, and if standing, they need to have a seat available to sit. Ms. Betcher asked about enforcement and stated she has received some comments about having the police be the ones who are doing the enforcement. She commented that things have gotten very heated in the last few months regarding policing. Council Member Betcher noted that the Governor’s Proclamation does state that it does have to be a “Peace Officer.” Attorney Lambert confirmed that was correct as the Police Department is the one who would have to do the enforcing. Council Member Martin asked if the officer going to the bars would be in full uniform and wondered what possible reactions there would be. Attorney Lambert stated that had not been discussed, but a uniformed officer would be delivering the letters and talking to the manager about the Governor’s Proclamation regarding social distancing. No action would be taken during the delivery of the letter; it would be more of a “head’s up” to the bars that the City of Ames is going to start enforcing the rules and let them know what is expected. After that notification, there will be spot checks, but he is not sure how the police will be handling those. Council Member Corrieri explained that, currently, it is very common for a City of Ames Police 10 Officer to have a presence in the bars, and she doesn’t think this would be much of a change to the normal routine already established. Mr. Lambert stated that the Des Moines Register stated that the Governor is considering delegating authority to some cities that have had spikes in COVID-19 numbers. He noted that they can send a letter to the Governor asking the City of Ames/Story County to be included for consideration. Mayor Haila commented that the information that the Council has received from the Iowa Department of Public Health are guidelines, not mandates or requirements. He inquired if it was typical for a Department of Health to issue a mandate versus a guideline, and what the difference may be. Attorney Lambert mentioned that the County Department of Health uses its rules as advisory, but there is an Iowa Code section that says they can adopt reasonable rules, and he doesn’t believe they can go outside of what the State Department of Health has. Mayor Haila asked if the Governor delegates the authority to the Story County Department of Health, could they issue a guideline, recommendations, or a mandate. Attorney Lambert commented that he was unsure as he had previously spoken with Dr. Paschen, Chair of the Board of Health, and he viewed its role as advisory. Mr. Lambert noted that if the Governor delegates her authority to local governments, it will be delegated to cities and counties, and it would ultimately be by the City Councils and County Boards of Supervisors. Mayor Haila verified that a letter would be sent to the bar owner, and in case the message didn’t get to the bar manager, the Police Department will hand deliver the letter. Attorney Lambert mentioned that he is not sure how the bar managers are identified, but he was sure the Police Department had a way of identifying them. Council Member Corrieri stated that she didn’t get a chance to read the Des Moines Register article and asked if Story County was currently in the list of the ten counties being considered. Mr. Lambert stated he was not sure as the article did not list the ten counties. Council Member Gartin asked for clarification if the authority would be given to the City or the County. Mr. Lambert stated he suspects that it would probably be both. Council Member Martin asked if the Governor was going to allow authority or not. Mr. Lambert stated that he may have misspoken, but the Governor is considering giving authority, but he is not sure if it will be for the City, County or both. Council Member Betcher asked if there had been a discussion about having a step-program for the bars. Ms. Betcher gave an example of a bar being closed for a day due to a violation and then questioned what the next penalty would be. Attorney Lambert mentioned that it was briefly discussed with Chief Cychosz. The Ames Police Department would warn people first, and if the Police Department discovers a bar is not in compliance again the bar might get another warning and a spot check. It will be up to the Police Department to decide how to handle the violations. Mr. Lambert commented that he would not support shutting down a bar for a day or moving to suspend/revoke the bar’s license until it was a severe and ongoing problem. 11 Council Member Beatty-Hansen asked if there was a good mechanism for handling complaints. She noted that this is one area where the Police Department is going to get a lot of citizens pointing out when a bar is in violation of the Governor’s Proclamation. City Manager Schainker noted that Ms. Beatty-Hansen’s has a good point as he doesn’t believe this will be a high priority for the Police Department to drop everything and go do a compliance check. Mr. Schainker noted there will be some frustration from citizens as the City attempts to enforce the restriction. Mayor Haila asked if the “Ames on The Go” app could handle the reporting. Mr. Schainker stated he is not sure, but believed the app could and he will look into it further. Attorney Lambert stated the enforcement would need to be done by the Police Department, as the Governor’s Proclamation calls upon law enforcement in the State to enforce the Proclamation and is part of the Code of Iowa. Council Member Corrieri stated, as she noted earlier, there is a regular police presence in bars, especially in Campustown. City Manager Schainker commented that they will probably not use the second option in the Staff Report of closing bars as they would move to eliminate/reduce the bar’s permit by a number of days; this way, the bars will be guaranteed their due process right before City Council. There may be some special City Council meetings that will need to happen for those types of events. Attorney Lambert noted that just because the City can shut down a bar doesn’t mean they will. Public Relations Officer Susan Gwiasda stated that in the last couple of weeks an idea has floated around about a unified, consistent, community-wide message on best practices for fighting the COVID-19 transmission. After a couple of meetings with Iowa State University, a meeting was held electronically with ISU, Ames Chamber, Ames Economic Development Commission, ISU Research Park, Mary Greeley Medical Center, McFarland Clinic, Story County, Ames Community School District, and the North Grand Mall. These businesses were all on board to help disseminate a community-wide public health message. Iowa State University already had a message ready to go with its “Cyclone Cares” campaign. The campaign is founded on the four pillars of public health, which include: social distancing, mask wearing, staying home if your ill, and frequent hand washing/hand sanitizing. The organizations are in the process of taking the materials that ISU had made and co-branding them with its own logos. Ms. Gwiasda noted that this is the first time where she has seen all these organizations be ready, willing, and able to move forward on a shared message. Ms. Gwiasda explained the project is moving very quickly and she hopes everyone will see messaging soon. Council Member Betcher asked if the messaging will be on social media only or if it will be shared by more traditional methods as well. Ms. Gwiasda explained that the idea is for someone to walk into a business on Main Street or the Library and customers would see the same signs that are posted around Campus. Ms. Betcher inquired whether the Council would need to approve any funding for the City’s portion of the branding. Ms. Gwiasda explained that she had sent to ISU what the advertising costs were for the Census 2020 campaign, and they have been moving forward with the branding and signage, but have not discussed what a budget would look like. She doesn’t have any numbers for the City Council, but does have a meeting soon with Iowa State University and may get more clarity. 12 Mayor Haila asked for a further explanation as to why the message would say “Cyclone Cares” instead of “Ames Cares” or something else. Ms. Gwiasda stated that it was discussed to have individual branding, but what ISU came up with was already ready to go and that one of the demographics that everyone was most concerned about was the 19-25-years old. She stated that they could take the Cyclone messaging and get that going right away, and then find ways to deal with different demographics later. One of the biggest questions received from the public was “How is the City of Ames working with ISU to prepare for the influx of students in the fall.” It was noted that even though the campaign was centered around students, the messaging could be expended to different demographics within the community. Assistant City Manager Deb Schildroth commented that it was enlightening to see everyone who was willing, ready to participate, and to provide a consistent message. Ms. Schildroth mentioned they have been tracking the expenses related to COVID-19 [signage, personal protective equipment (PPE), cleaning supplies, etc.] and will be submitting the expenses to the Federal Emergency Management Agency (FEMA) for possible reimbursement. Mayor Haila inquired if the League of Women Voters was included in the meetings. Ms. Gwiasda commented that the League of Women Voters did have three representatives available during the meeting. Mayor Haila noted that the Council did receive a letter from the League of Women Voters asking for the City to help participate in messaging. Ms. Gwiasda stated she reached out to Linda Hagedorn, who came with two other representatives, and they were interested in either physically walking on Main Street to help disseminate the posters or do outreach. It was great to have someone come forward and offer to help. Mayor Haila commented that the Board of Supervisors has been very supportive as well. Council Member Betcher commented that Ms. Gwiasda had noted that outreach would be happening very quickly and wanted to know when signage would be out in the public. Ms. Gwiasda stated that ISU has already started putting theirs out in the community and the City of Ames should have theirs out soon. Mayor Haila stated that an article was in the Ames Tribune asking if the City of Ames and ISU were working together. He thought it would be nice to note that not only the City and ISU are getting together, but the rest of the community as well. Mayor Haila asked for public input and closed it when no one came forward to speak Moved by Corrieri, seconded by Betcher, to ask the Mayor to send a letter to the Governor requesting that the City of Ames be granted authority to issue mandates in regard to public health, if it so chooses. Council Member Corrieri commented that she felt it was important, not only for Home Rule, that cities be granted authority, but more so in the face of a public health pandemic to not only protect 13 the health and wellness of the residents, but also businesses. She noted that the science is quite undeniable that wearing masks is something simple that can be done to help mitigate the spread, and it is ridiculous that people are disregarding this fact. Ms. Corrieri commented that the idea of the economy getting back to some kind of normalcy is not going to happen until everyone takes the pandemic more seriously. Council Member Junck stated she wanted to echo Council Member Corrieri’s opinion. It is important that the City of Ames have the authority to mandate masks and sending a letter to the Governor would be appropriate. Council Member Betcher commented that it is really important, given that the City of Ames is a college town, to be able to mandate mask coverings. When looking around the nation at the increase in cases and with the students getting ready to return, she would be concerned that even if the City of Ames is not being considered, they would be able to move swiftly. She believed it is going to be even more necessary in the future. Council Member Martin commented that he is a little hesitant, not because he doesn’t feel that the City of Ames shouldn’t have the authority to make rapid decisions, but if the City of Ames is granted the authority what information is going to be used to invoke the decisions. Mr. Martin stated that the City of Ames doesn’t have a medical board that reports to the Council. Currently, the Council gets information from the Governor, Iowa Department of Public Health, and Story County Public Health. Mr. Martin felt that the Council would be making scientific medical decisions without having a panel of experts. Mayor Haila noted, regarding the motion, that it was just about sending a letter and asked if Mr. Martin was questioning more of the execution if the City of Ames were to be granted the authority. Council Member Martin confirmed that was his concern. Council Member Beatty-Hansen stated that the City of Ames does have a medical board that they correspond with (Mary Greeley Medical Center), and maybe the Council could look to them for direction. Ms. Betcher stated it was her assumption that they would not be cutting themselves free from advice, and even though the Council may not be looking to Story County to mandate it, wouldn’t preclude them from taking advice from an advisory board. Council Member Betcher mentioned that the Council would still have access to all the advice that they currently have to make decisions. Council Member Martin noted that if the City was approved, the Council would need to come up with a system to help with making decisions. Council Member Corrieri noted that if this were to come back to the Council, she would look at it as they would any other potential significant issue and ask staff for a report or get information from the Mary Greeley Medical Center Board or the Story County Board of Health, have the information presented to the Council, and move forward with making a decision that is best for the citizens of Ames. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Junck, to ask staff to develop a process for the Council to make a decision about mask wearing/face covering if the Governor gives the City the authority to make those decisions. 14 Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Beatty-Hansen, seconded by Corrieri, to mandate that visitors to City buildings wear masks. Council Member Betcher stated that maybe the motion should be City properties because at the Airport there is the Terminal building, but there is a larger facility that is part of the City. City property could be parks and everything else. Council Member Beatty-Hansen commented that is why she would rather say City buildings. City Manager Schainker commented that staff may need a few days to implement the motion. He noted they would need time to change signage and to get the word out. Mayor Haila questioned if a person would be turned away if they came into the Library and was not wearing a mask. Ms. Beatty-Hansen stated that they need to try. She had been doing this at her place of work and people are begrudgingly putting on a mask, but she recommends having a few face shields available for those who are unable to wear a mask due to medical reasons. Mr. Schainker stated that the City does have masks available if needed, and will attempt to get some face shields, but if someone refuses to wear one then staff would, unfortunately, need to contact the Police Department to have the person removed from the property for trespassing. He noted that this is something that he hopes doesn’t have to happen, but could be forced to as there are some people who philosophically believe that the government should not require face coverings. Mayor Haila asked what would happen if people coming into the building for aerobics classes were not wearing masks based on emails that the Council had received. City Manager Schainker explained that during aerobic classes they do social distancing and don’t mandate masks, but they must wear masks when entering and exiting the building. Council Member Beatty-Hansen commented that those classes should be held outside. Exercise classes have a lot of respiratory particles in the air and would be high risk. Mr. Schainker stated that was a good point and he would have to check with Keith Abraham, Parks and Recreation Director, for further answers. Council Member Gartin stated he had two concerns. He mentioned that even though the subject of face masks was broadly put on the Agenda, he is concerned that they have not properly alerted the community that the Council was going to talk about changing the way City buildings can be entered. He noted from a procedure perspective, there is normally a protocol making sure that the public has ample knowledge of the City Council Agendas, and that has not been communicated. Mr. Gartin stated his other concern is, during tonight’s conversations, staff is unprepared to think through the aspects. If the conversation about face coverings is placed on a future agenda, that would give staff time to think through the process. City Attorney Lambert explained that staff had gone out of their way to let the public know that they would not be voting on face masks during this meeting, and given that information, it would be best to have the discussion of face coverings on City properties placed on a future agenda. Council Member Beatty-Hansen withdrew her motion. 15 Moved by Beatty-Hansen, seconded by Corrieri, to place the topic of face coverings within City buildings on the next City Council meeting on July 21, 2020. Mayor Haila clarified that the discussion is for City of Ames buildings only and not public spaces. Council Member Martin stated that he is fine with putting the topic of face coverings on a future agenda to discuss, but he is still skeptical as there are notably heightened risks of angry confrontations with government officials. The last he heard was that there was a good compliance rate with the wording already being used by the City. He is not sure what problem needs to be served as the current system already strikes a great balance. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Corrieri, seconded by Martin, to begin the process for the bars that is laid out in the Staff Report with the City Attorney to send a letter out to liquor license holders and asking that the Police Department hand deliver to local bar managers if they don’t have local contacts and also laying out the process as to what would happen if the bars were to be found in violation of the social distancing requirements. Mayor Haila clarified the motion is laying out what City Attorney Lambert laid out in the Staff Report. Vote on Motion: 6-0. Motion declared carried unanimously. Council Member Betcher asked if anyone had let Iowa State University know that the City would be starting the process with the local bars. She noted that the Council received at least one email from Joel Hochstein, who works with the compliance for off-campus students, and it seemed this process might be something that the Dean of Students Office would want to be made aware of. City Attorney Lambert mentioned it had not been previously discussed, but would reach out to them. TEMPORARILY NOT ENFORCE BUILDING AND ZONING CODES TO FACILITATE COVID-19 TESTING AT MCFARLAND CLINIC NORTH, 3815 STANGE ROAD: City Manager Steve Schainker noted that this request would only be through December 31, 2020, and after that, the shed and the slab would need to be removed unless McFarland could prove they meet all the zoning requirements. If the pandemic continues, McFarland can ask for an extension. Mayor Haila opened public input. Moved by Corrieri, seconded by Betcher, to approve Alternative 1 to temporally not enforce the Building and Zoning Code sections that would allow McFarland Clinic to utilize a prefabricated shed to be brought onto the site and a concrete slab to be poured to facilitate the operation of a drive- through testing site at the McFarland Clinic North site located on Stange Road until December 31, 2020. Vote on Motion: 6-0. Motion declared carried unanimously. 16 HEARING ON NUISANCE ASSESSMENTS: The public hearing was opened by the Mayor. He closed the hearing after no one asked to speak. Mayor Haila pointed out that in the Council packet there was one letter from a citizen who would be affected by the nuisance assessment. Moved by Betcher, seconded by Corrieri, approving RESOLUTION NO. 20-381 assessing costs of snow/ice removal and certifying assessments to Story County Treasurer. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. ORDINANCE TO VACATE A PORTION OF CITY RIGHT-OF-WAY ADJACENT TO THE SOUTH EDGE OF 2400 SE 16TH STREET: Moved by Corrieri, seconded by Betcher, to pass on second reading an ordinance to vacate a portion of City right-of-way adjacent to the south edge of 2400 SE 16th Street. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE REVISING THE PARKING REGULATIONS ON WESTBOOK DRIVE: Moved by Martin, seconded by Betcher, to pass on second reading an ordinance revising the parking regulations on Westbrook Drive. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE ESTABLISHING PARKING RESTRICTIONS ON DUFF AVENUE (20TH STREET TO GRAND AVENUE): Moved by Martin, seconded by Corrieri, to pass on third reading and adopt ORDINANCE NO. 4416 establishing parking restrictions on Duff Avenue (20th Street to Grand Avenue). Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted that the were six items to be addressed. City Manager Schainker stated that the first item was an informational email from HIRTA with an update on its transportation services for the City of Ames and its FY 2020-21 federal and local funding. The second item was a letter from Carolyn McKinley regarding layoff notifications provided under the Worker Adjustment and Retraining Notification (WARN) Act for Levy’s operation at ISU; this was informational only. City Manager Schainker stated that the third item was a response to a request from City Council on how the Parks and Recreation Department could increase the community garden space. The fourth item was a memo from Assistant City Manager Brian Phillips in response to the Council’s request about MetroNet’s service area within the City of Ames. Mr. Schainker noted that the fifth item was a response to Council’s request to engage with the Ames Main Street Design Committee about the paver project along Main Street and the wall at the Tom Evans Plaza. No action is needed for this item tonight. The last item was a letter from Jan Gammon, Coordinator of the Lincoln Highway Heritage Byway Program with Prairie Rivers of Iowa; this was for the Council’s information only. 17 Moved by Beatty-Hansen, seconded by Corrieri, to put the Parks and Recreation Department’s memo about the community gardens on a future Agenda sometime within the next three months. Council Member Gartin stated that it would be easiest to expand the footprint of the community gardens that are already there, but he is also cognizant of the value of placing the gardens in different areas of the community. He wondered if the Parks and Recreation Department could give some further thought to the pros and cons for the other options that were listed in the memo. Mr. Gartin would like to continue the conversation about how the location plays a role in utilization. Ms. Beatty- Hansen stated she likes the areas that were recommended. Vote on Motion: 6-0. Motion declared carried unanimously. Council Member Martin stated the memo regarding MetroNet was in response to a previous motion he made about asking MetroNet for a copy of its build map. He noted it could be used to identify gaps in internet service throughout the community. Mr. Martin commented that there were a couple neighborhoods that were identified that didn’t seem to be covered, which are the Kingman Road area and the Ironwood area. The area has a number of houses and asked if it would be appropriate to ask MetroNet for more of an explanation as to why service wouldn’t be provided to those neighborhoods. Assistant City Manager Brian Phillips stated that would be reasonable; those two areas are the largest concentration of houses that would not be served. A few other areas that contain houses were just recently annexed and still very rural. Council Member Martin inquired if the form of the map is useful for the purposes for which the City would use it or does the Council need to ask for something better. Mr. Phillips commented that it would depend on what the Council would do with the information and noted it is better than what the City has received from other internet providers. Moved by Martin, seconded by Betcher, to ask MetroNet to communicate with staff about providing internet service to the Kingman and Ironwood neighborhoods. Council Member Gartin inquired as to what the purpose would be in asking for this information. Mr. Gartin stated the response will probably be similar to other providers in stating there are not enough units to justify the infrastructure. He wanted to know if there was something specific that Mr. Martin was looking for. Council Member Martin mentioned they could assume why, but given that, the Council has a pending request for staff to engage in a gap-filling exercise and these areas constitute relevant gaps. Mr. Gartin asked if Mr. Martin could be more specific about what he hopes to get from the request. Mr. Martin explained he would like to get an explanation from MetroNet as to why they don’t appear to be intending to serve those neighborhoods, and that explanation could help inform the City when deciding whether the City can fill in the gaps. Mr. Gartin asked the better question might be if MetroNet would be willing to enter into negotiations about a level of subsidy that would be needed for those gaps to be filled. City Manager Schainker stated that would not be the next step as Mr. Martin’s motion would be what would need to be done next. Council Member Betcher commented that it could be a problem with the topography. Assistant City Manager Phillips mentioned that it would be beneficial to learn from MetroNet if there is a technical constraint, and 18 if so, what is the nature of it. Perhaps there are not enough utility poles or some other technical constraint or even an error on the map. Mr. Phillips stated it would be helpful to have this first step before discussing the remedies. Vote on Motion: 6-0. Motion declared carried unanimously. Mayor Haila asked if MetroNet was up and running and providing service to the community. Mr. Phillips stated they were not, but are doing some testing right now and hope to start providing service in August. Assistant City Manager Phillips explained that the Public Arts Commission is having a special meeting next week. The Council will have a Staff Report on July 28, 2020, with the decisions that staff needs in order to put together plans and specifications for the paver project. Mr. Phillips commented that they will be asking for direction from the Council on possibly the deaccession of the “The Vanishing Rail Yard” wall and be looking for confirmation on the color and pattern of pavers to be specified. COUNCIL COMMENTS: Council Member Betcher encouraged people, if they are free, to do the equity training that is being offered for the ASSET joint funders. Council Member Beatty-Hansen stated that she had received an email from a citizen with a suggestion that the workshop in August be held outside. Moved by Beatty-Hansen to have the workshop in August be held outside. Motion failed due to lack of a second. Mayor Haila stated that it would be logistically hard to have a meeting outside. Mayor Haila stated the next meeting is a workshop on 321 State. City Manager Schainker stated that is correct and input will be received from the neighbors. Mayor Haila asked if notices have been sent out and how neighbors could reply if they were unable to attend the Zoom meeting. Mr. Schainker commented that he would have to get back to the Council with an answer to that question. Council Member Martin wanted to clarify that the Council is waiting on a memo to see if they need to make a decision during the meeting or if that could be done at the next meeting. Mr. Schainker stated he didn’t believe there was going to be a memo as many times a decision is not made at the workshop, but at the next Council meeting. Mr. Martin mentioned he thought at the Special Meeting on July 9, the Council voted to have a memo. City Manager Schainker stated he will provide a memo. Council Member Martin stated that the original plan was to hold the 321 State Avenue discussion in person, and now that it will be a virtual workshop, it would be helpful to have a gap of time after the Council had received the Staff Report and discussed it thoroughly, to allow the public an extra week to provide feedback and the Council to think about the project. Mr. Schainker explained that he will double check with Kelly Diekmann, Planning and Housing Director, and Vanessa Baker- Latimer, Housing Coordinator, to make sure it will work with the Low-Income Housing Tax Credit 19 (LIHTC) schedule. ADJOURNMENT: Moved by Betcher to adjourn the meeting at 9:01 p.m. ______________________________________________________________________ Amy L. Colwell, Deputy City Clerk John A. Haila, Mayor __________________________________ Diane R. Voss, City Clerk 20