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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 07/09/2002 MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA JULY 9, 2002 The Ames City Council met in regular session at 7:00 p.m. on the 9 day of July, 2002, in the Cityth Council Chambers in City Hall, 515 Clark Avenue, pursuant to law with Mayor Tedesco presiding and the following Council members present: Cross, Goodhue, Hoffman, Quirmbach, Vegge, and Wirth. PRESENTATION OF PLAQUE FROM AHFAD UNIVERSITY FOR WOMEN: Dr. Donna Cowan and her husband, Don Newbrough, recently returned from Ahfad University for Women in Omdurman, Sudan, where Dr. Cowan was awarded an Honorary Doctorate Degree in Law. Dr. Cowan explained that faculty members and their families from Ahfad University for Women have been living in our community working on advanced degrees, some of whom have purchased property in our City and become an integral part of our community. She stated that this University linkage has been occurring since the 1980's. Dr. Cowan explained that Ahfad University for Women is a very prestigious university, well known for its high standard of education. She wanted it known that many Iowa State alumni are members of the outstanding staff at Ahfad University. Dr. Cowan talked about the collaborative projects that have been accomplished, naming specifically the drilling of water wells (one with a windmill), United Nations programs in health standards, and an irrigation system. The Council was told that when this University linkage began, Ahfad University had about 300 students; they now have 4,600 students and have established colleges of medicine, education, business, home science, and arts. Dr. Cowan presented a plaque from Ahfad University for Women to the City, which was accepted by Mayor Tedesco. PRESENTATION OF GIFTS FROM ENZAN CITY, JAPAN. Having just returned from Ames’ sister city, Enzan City, Japan, Council Member Hoffman reported on her trip. She presented Japanese banners to the City and to the other Council Members and also donated a Japanese flag and medals to the City. Ms. Hoffman said that the gift to the City from Enzan City is not yet completed, but will be sent at a later date. CONSENT AGENDA: Moved by Goodhue, seconded by Wirth, to approve the following items on the Consent Agenda. 1.Motion approving payment of claims 2.Motion approving minutes of the regular meeting of June 25, 2002 3.Motion approving renewal of the following beer permits and liquor licenses: a. Class C Liquor – Applebee's Neighborhood Grill & Bar, 105 Chestnut b. Class C Liquor – Diamond Dave's Mexican Restaurant, 2801 Grand c. Class C Liquor – Fox I Lounge, 111 S. 5 Street th d. Class C Liquor – Studio Café, 604 East Lincoln Way e. Class C Liquor – Welch Avenue Station, 207 Welch Avenue 4.Motion approving certification of civil service applicants 2 5.RESOLUTION NO. 02-375 approving Fall 2002 Commission On The Arts (COTA) Mini-Grant Contracts 6.RESOLUTION NO. 02-376 approving Human Services Contracts for 2002/03 7.RESOLUTION NO. 02-377 waiving formal bidding requirements and awarding a contract to HTE for software maintenance at an estimated cost of $59,040 Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: No one spoke during this time. HILLSIDE SUBDIVISION: Craig Grandgenett, 504 Poe Circle, Ames, representing several property owners on Poe Circle and Brown Circle, addressed the requirement being imposed by the City for pedestrian pathways connecting Poe Circle to Hemingway and Brown Circle to Hemingway. The pathways were to be installed as part of the development of the Hillside Subdivision. The affected property owners are requesting that the City Council waive the requirement to install the pedestrian walkways. Mr. Grandgenett referenced three e-mail messages that were sent to individual City Council members, stating that the senders of those e- mail messages live on Hemingway and their properties are not adjacent to the proposed pathways. He did state that the senders of the e-mail messages urged the Council to abandon the easements and not require the pathways to be installed. Mr. Grandgenett advised that the affected property owners believe there is no purpose for the walkways. They feel that the pathways do not lead to any public facility, such as a park, bike path, or area of public interest; the walkway will be a liability as the grade is steep and the potential for scooter, skateboard, and bicycle accidents is increased; and the walkways would “crowd” the cul-de-sacs as they already have light poles, electric boxes, hydrants, and mail boxes. Mr. Grandgenett said the affected property owners feel that the walkways should have been installed with the plat so that the homeowners would have known that they were buying lots adjacent to the pedestrian pathways. He said that the affected property owners would like to see a definite purpose for the pathways prior to construction. Mr. Grandgenett stated that he and his wife knew the easement was present on their property, but did not know it was for a pedestrian pathway; they assumed that it was a utility easement. Clive Woods, 503 Brown Court, Ames, stated that he had not been informed about the pathway easements prior to his purchasing his property. He requested that the easements be abandoned. Zaitao Pan, 505 Poe Circle, Ames, advised that he was not told about the required pathways before he bought his residence. If he had known, Mr. Pan stated that he would have had second thoughts about purchasing the home at 505 Poe Circle due to its proximity to the proposed pathway. Brian O’Connell, Planning and Housing Director, explained the regulation pertaining to mid- block crosswalks; it went into effect in 2000. He advised that the (“F-S”) Suburban Residential 3 Floating Zone regulations require that block lengths that exceed 660 feet in length on a block face shall contain a mid-block cut-through or crosswalk to enable effective pedestrian movement through the block. He said that pathways serve a purpose other than connecting two streets; the purpose is not strictly to take you to a destination. Mr. O’Connell also stated that the requirement to install pedestrian pathways was contained within the Development Agreement signed by the developers prior to approval of the Final Plats of the 4th, 5th, and 6th Additions. Council Member Goodhue asked who would be responsible for maintenance of the pathways. Mr. O’Connell stated that the position of the City is that the property owner is responsible for removal of snow on what is referred to as “sidewalks” – the walk between the curb and the property line. According to City Attorney John Klaus, unless there is some specific agreement by which the property owner would have assumed liability (by contract), the liability for a public pathway lies with the “public body” (City). He clarified that that would be in the event of injury, e.g., slipping and falling on ice or tripping on displaced pavement. Mr. Klaus elaborated that the City has an ordinance that requires clearance of snow on the sidewalks, but not on these mid- block pathways. Council Member Wirth stated that she is concerned about the steep grade of the proposed pathways. Mr. O’Connell said that one of the cul-de-sacs has rather dramatic topography; however, there are a number of walks in this community – even on public right-of-way – that go down hills. He is not convinced that that particular grade difference is so severe that it would represent something that is dramatically different from other conventional sidewalks. Moved by Vegge, seconded by Goodhue, to direct staff to amend the Development Agreement to not require the developers at this time to install cement or hard-surface pathways from Brown Circle and Poe Circle to Hemingway, but have the City retain easement rights and the option to require installation of the pathways at a later date if there is a demonstrated need or desire. Vote on Motion: 3-3. Voting aye: Cross, Goodhue, Vegge. Voting nay: Hoffman, Quirmbach, Wirth. Mayor Tedesco voted nay to break the tie. Motion failed. Moved by Wirth, seconded by Hoffman, to deny the property owners’ request for a waiver of the requirement for installation of two pedestrian pathways extending from Poe Circle to Hemingway Drive and from Brown Court to Hemingway Drive. Vote on Motion: 3-3. Voting aye: Hoffman, Quirmbach, Wirth. Voting nay: Cross, Goodhue, Vegge. Mayor Tedesco voted aye to break the tie. Motion declared carried. HEARING ON REMOVE/REPLACE/REBUILD TWO IN-GROUND OPEN-PIT HOISTS AT TRANSIT MAINTENANCE FACILITY: Mayor Tedesco opened the public hearing. There being no one wishing to speak, he closed the hearing. Moved by Goodhue, seconded by Hoffman, to reject the bid and direct staff to rebid if FTA funding is available. Vote on Motion: 6-0. Motion declared carried unanimously. 4 HEARING ON 2002 FACADE RESTORATION AT THE ELECTRIC DISTRIBUTION WORK CENTER: The hearing was opened by Mayor Tedesco. No one wished to speak, and the hearing was closed. Moved by Hoffman, seconded by Cross, to adopt RESOLUTION NO. 02-378 approving final plans and specifications and awarding contract to Dunlop Co., of Des Moines, Iowa, in the amount of $43,430. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SOUTHEAST ENTRYWAY PLAN: Planner Jeff Benson explained that City policy calls for the creation of sub-area plans and entryways. He reminded the Council that property owners adjacent to the southeast entryway to Ames requested that a study be performed to create a plan for this newly developing area so that standards would be in place as soon as possible to guide any further development. Mr. Benson said the Council approved the request from these property owners to share the costs of a consultant to create the sub-area plan, and the design firm of Dunbar/Jones Partnership, various property owners, and City staff have been working together on a conceptual design study for the Southeast Ames Entryway (I-35/U.S. 30 and U. S. 30/Dayton Road interchanges and surrounding areas). Mr. Benson presented the goals and objectives developed as a result of meetings involving the design firm, property owners, and City staff. He also reviewed several alternative concepts for this Southeast Ames Entryway that have been developed and reviewed with the area property owners, Iowa Department of Transportation staff, Federal Highways Administration staff, and the Ames Planning and Zoning Commission. Mr. Benson stated that the planning group will be developing a final concept plan in July and August, and it will be brought to the City Council for action. Mayor Tedesco reminded the City Council that the responsibility for financing the improvements reflected in the plans and the timing of these improvements must be prioritized with other important City projects. Dinah Kerksieck, 621 Garden Road, Ames, asked that the Council keep the safety factor in mind when they are developing entryway plans. Ms. Kerksieck reminded the Council that some time ago they directed that City staff continue to work with the IDOT to improve traffic safety on South Duff, but she has heard of no further action in that regard. She requested on behalf of herself, Kate Mitchell Neighborhood Association, and all of the residents of Ames who use South Duff, that the City Council look again at the other “Southeast Entryway” between Airport Road and the south City limits to improve safe traffic flow. Dennis Pyle, 2215 Timberland, Ames, representing the South Ames Business Neighborhood, presented five pictures -- one showing hotels that are nicely landscaped and four showing examples of why this study needs to be continued and recommendations implemented. He pointed out that this is an opportunity to improve a very important entryway into Ames. Mr. Pyle feels that the City of Ames deserves a first-class improvement to an area that is identified as its “Main Entry” in its Land Use Policy Plan (LUPP). 5 Monte Parrish, 1511 Stone Brooke Road, Ames, advised that he had spoken to Carole Custer, Iowa State Marketing, and she expressed an interest in being involved with the planning for the Southeast Entryway. Mr. Parrish got the impression from this conversation that Iowa State University may be interested in becoming a partner. NEIGHBORHOOD LIAISON PROGRAM (NLP): Planner Jeff Benson told the Council that the mission of the Neighborhood Liaison Program is for the City to continue to work together with Ames residents to promote great neighborhoods with a sense of community. He gave a summary of the activities proposed to be accomplished under this Program. Mr. Benson addressed why people in Ames want stronger neighborhoods and why the City should be committed to working with residents to create great neighborhoods. He recapped the results of a general telephone survey conducted by City staff. If it expects to foster strong neighborhoods, Mr. Benson said that the NLP must initiate interaction, promote available services and resources, develop events, teach and build awareness, expand two-way communication, and work with other organizations. Examples of specific activities that can be undertaken were given by Mr. Benson. Mr. Benson believes that Ames has some great neighborhoods. He said some have made admirable achievements; however, the survey showed that the current neighborhood association structure does not have a strong capacity for neighborhood improvement. Few associations are very active; most are reactive rather than proactive, and they don’t cover the majority of the community. Instead of providing services, Mr. Benson said the NLP should provide tools, access to resources, and build a knowledge base. He said that instead of using regulation to respond to problems, the NLP should facilitate processes through which neighborhoods can work with their residents, property owners, and others to understand viewpoints and solve problems together. Council Member Wirth encouraged the other City Council members to support neighborhood improvement funds being made available to neighborhood associations for creation of newsletters. PERSONNEL POLICIES AND PROCEDURES: Paul Gierasch, Human Resources Director, advised that a correction in the materials sent to Council needed to be noted: Under Section 10.8.2(c), it should state, “Military leave shall be paid at the employee’s regular rate of pay in effect at the time of the employee’s military leave of absence.”. Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 02-379 adopting the amendments to the Personnel Policies and Procedures, as proposed by staff. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. 6 ORDINANCE ESTABLISHING PARKING PROHIBITIONS IN SOUTH GATEWAY DEVELOPMENT SUBDIVISION: Moved by Cross, seconded by Goodhue, to pass on first reading an ordinance establishing parking prohibitions in South Gateway Development Subdivision. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE TO INCLUDE ANNEXED LAND IN WARD 1, PRECINCT 2: Moved by Wirth, seconded by Hoffman, to pass on second reading an ordinance to include annexed land in Ward 1, Precinct 2. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Quirmbach, seconded by Cross, to suspend the rules necessary for the adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Quirmbach, seconded by Wirth, to pass on third reading and adopt ORDINANCE NO. 3672 to include annexed land in Ward 1, Precinct 2. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE AMENDING SECTION 10.12 OF THE MUNICIPAL CODE PERTAINING TO INSURANCE REQUIREMENTS FOR GARBAGE HAULERS: Moved by Goodhue, seconded by Cross, to pass on second reading an ordinance amending Section 10.12 of the Municipal Code pertaining to insurance requirements for garbage haulers. Roll Call Vote: 6-0. Motion declared carried unanimously. COMMENTS: Moved by Hoffman, seconded by Goodhue, to refer to staff the following: letters from the Chamber of Commerce RE: Commercial Land Use dated July 3, 2002; Ames Main Street District dated June 24, 2002; Ames Main Street District dated July 2, 2002; United Way dated June 28, 2002; and Engineering Plus dated June 18, 2002. Vote on Motion: 6-0. Motion declared carried unanimously. It was requested by Council Member Cross that staff report back regarding their work on traffic safety issues on South Duff. ADJOURNMENT: 8:50 p.m. _________________________________________________________________________ Diane Voss, City Clerk Ted Tedesco, Mayor