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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 12/14/1999MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA DECEMBER 14, 1999 The Ames City Council met in regular session at 7:00 p.m. on the 14th day of December, 1999, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law with Mayor Ted Tedesco presiding and the following Council members present: Campbell, Cross, Hoffman, Parks, Quirmbach, and Wirth. CALL TO ORDER: 7:00 p.m. OATH OF OFFICE: Mayor Tedesco administered the oath of office to 4th Ward City Councilperson Herman Quirmbach. PRESENTATION OF ANGEL TREE: Officer Rory Echer, Community Liaison Officer, e x p l a i n e d that the Angel Tree was a project sponsored by City of Ames’ employees to provide gifts to less- fortunate families in Ames for the holidays. He also informed the Council that Bike World and Michael’s Cyclery had donated the labor, and their vendors had donated the parts, to refurbish approximately 30 bicycles to be distributed to less-fortunate children. CONSENT AGENDA: Moved by Hoffman, seconded by Parks, to approve the following items on the Consent Agenda: 1. Motion approving payment of claims 2. Motion approving minutes of regular meeting of November 23, 1999 3. Motion approving certification of Civil Service applicants 4. Motion approving the following beer permits/liquor licenses: a. Class C Liquor - Aunt Maude’s, 543/547 Main Street b. Class C Liquor & Outdoor Service - Cazador Mexican Restaurant, 127 Dotson Drive c. Class C Beer - Char’s, 3100 South Duff Avenue d. Class C Liquor & Outdoor Service - The Dean’s List/Tazzle’s, 2522 Chamberlain e. Class C Beer - Kwik Shop #542, 125 Sixth Street f. Class C Liquor & Outdoor Service - O’Malley & McGee’s, 716 South Duff g. Class B Beer - Pizza Pit, 207 ½ Welch Avenue 5. RESOLUTION NO. 99-444 approving designation of City representatives to Central Iowa Regional Transportation Planning Alliance for 2000 6. RESOLUTION NO. 99-445 approving mini-grant arts agencies contracts 7. RESOLUTION NO. 99-446 approving the waiver of bicycle license fees in connection with the Police Department’s “Free Bike” Program 8. RESOLUTION NO. 99-447 approving preliminary plans and specifications for Replacement of Electric Department’s SCADA Master Station; setting January 27, 2000, as bid due date; and February 8, 2000, as date of public hearing and award of contract 9. RESOLUTION NO. 99-448 approving revisions to City’s Section 8 Administrative Plan 10. RESOLUTION NO. 99-449 approving request for contract extension for City’s Section 8 grant agreements with IDED and IFA in connection with Phase IV Affordable Housing Program 11. RESOLUTION NO. 99-450 awarding contract for Lime Slaker for Ames Water Treatment Plant to USFilter/Wallace & Tiernan of Vineland, New Jersey, in the amount of $54,750 12. RESOLUTION NO. 99-451 approving contract and bond for Low Head Dam Repairs - Skunk River at River Valley Park 13. RESOLUTION NO. 99-452 approving final plat of Armstrong, 2nd Addition, Minor Subdivision 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. ARTWORK GIFT FOR CITY HALL: Nancy Polster, Chairperson of the Public Art Commission, was present and introduced Stacy Cullison, Dee Hegstrom, Ruth Larson, and Don Wishart. Ms. Polster explained that the Commission members contributed to acquire a new photograph by Don Wishart to be placed in City Hall in memory of Maurice Larson, a former Commission member who had passed away on October 1, 1999. The artwork, which was purchased entirely with private donations, was presented to the City for their acceptance. Moved by Hoffman, seconded by Cross, to approve the Public Art Commission’s recommendation to acquire an untitled photograph by Don Wishart in memory of Maurice Larson to be purchased with donations already received for this purpose. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON POWER PLANT CONTROLS UPGRADE - DCS EQUIPMENT: Mayor Tedesco declared the hearing open. There being no one present wishing to speak, the hearing was closed. Moved by Cross, seconded by Quirmbach, to accept the Manager’s report of bids and delay award of contract. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON I-35 EAST WELL FIELD PROJECT: Tom Neumann, Director of Water and Pollution Control, gave a chronology of events leading up to the Interstate-35 (I-35) East Well Field Project and described the Project in detail. He explained the notification requirements which were necessary to be made to the owners who might be affected by the City’s plan to acquire land for a future well field. Mr. Neumann said that staff has also requested appraisals for three land parcels where the future wells might be constructed, and those appraisals will be available in January 2000. Mayor Tedesco declared the hearing open. David Haugland, City Administrator for the City of Nevada, 528 Sixth Street, Nevada, was present and distributed copies of a letter on behalf of the City of Nevada to the City Council. Mr. Haugland explained that the City of Nevada’s well field is located on the east side of I-35 approximately 2,000 feet north of the proposed City of Ames’ well field. He asked, on behalf of the City of Nevada, that the City of Ames investigate and study the groundwater hydraulics 2 and hydrology to determine if the proposed Ames well field will affect the quality or quantity of water available to Nevada. Mr. Haugland said that they do support Ames’ project and he hopes that Ames will continue to share information on this project with the City of Nevada. Bob Goodwin, 311 Lincoln Way, Ames, attorney representing Manatt’s, Inc., was present and asked to go on record stating that Manatt’s desires the City of Ames to avoid interference with and/or damage to Manatt’s quarry land and operations as much as possible if a water transmission line is constructed. Also present was Don Walters, 56533-245th Street, Ames, who explained that some of the homeowners adjacent to the proposed well field area have private wells. They are concerned about the possibility of interference with their wells and asked that the City of Ames run tests to ensure that their water quality and quantity will remain good if the project does occur at the proposed location. There being no one else wishing to speak, the hearing was closed. Moved by Quirmbach, seconded by Hoffman, to adopt RESOLUTION NO. 99-453 to proceed with the well field project and authorizing property acquisition by condemnation as needed. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ROOSEVELT ELEMENTARY SCHOOL GRAND AVENUE CROSSING CONCERNS: Scott Logan, Traffic Engineer, explained the circumstances which had prompted the concerns about crossing safety at the Ninth Street/Grand Avenue intersection. He stated that City staff had met with Roosevelt Elementary School parents and administrators on November 16, 1999, and ideas for improving safety at that intersection were shared. A subsequent meeting was held on December 13 when further recommendations were made. Moved by Wirth, seconded by Parks, to direct staff to work further with the Iowa DOT and Roosevelt School PTO to enhance safety at the Ninth Street/Grand intersection, which includes the following: 1. Request the City to prohibit right turns on Ninth Street at the intersection with Grand Avenue while children are present at the intersection. 2. Request the Iowa DOT to implement “No Turn on Red While Children are Present” prohibitions at the Grand Avenue crossing. 3. Request that the Iowa DOT install flashing yellow beacons on the school crossing signs, north and south of the Ninth and Grand intersection. 4. Conduct a public relations campaign. 5. Request that the Iowa DOT, via a letter from Mayor Tedesco, officially lower the speed limit to 30 mph on Grand Avenue from Seventh to Tenth Streets. 6. Continue to coordinate safety efforts with school administrators and PTO safety coordinators. 3 Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Wirth, seconded by Cross, to request a report from the Police Department in four months on how additional speed enforcement is working in the Roosevelt Elementary School area. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST FOR STOP SIGN AT EISENHOWER/STONE BROOKE INTERSECTION: Moved by Quirmbach, seconded by Cross, to deny the request for stop controls at the Eisenhower Avenue/Stone Brooke Road intersection. Vote on Motion: 6-0. Motion declared carried unanimously. REMOVAL OF PARKING PROHIBITIONS AND SCHOOL CROSSWALK ON BURNETT AVENUE NEXT TO MEEKER ELEMENTARY SCHOOL: Brad Strickler, 1907 Burnett Avenue, Ames, was present. He stated that he had requested that the crosswalk in question, which is directly in front of his residence, be removed since it is seldom used and causes his family inconvenience by not allowing them to park in front of their home. Mr. Strickler presented two photographs of the crosswalk for the Council to view. Moved by Hoffman, seconded by Cross, to approve relocating a crosswalk on Burnett Avenue from 200' south of 20th Street to 18th Street/Burnett Avenue intersection and directing the City Attorney to amend the parking ordinance to remove the corresponding 50' parking prohibition on the west side of Burnett Avenue. Vote on Motion: 6-0. Motion declared carried unanimously. RESCHEDULING OF TRAFFIC SIGNAL PROJECTS AT 24TH/HAYES AND 24TH/NORTHWESTERN INTERSECTIONS: Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 99-454 approving the rescheduling of traffic signal projects at 24th/Hayes and 24th/Northwestern intersections until 2002/2003 and 2003/2004, respectively. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. TRAFFIC SAFETY IMPROVEMENT PROGRAM GRANT SUBMITTAL FOR INSTALLATION OF TRAFFIC SIGNALS AT 13TH STREET/NORTHWESTERN AVENUE INTERSECTION: Moved by Cross, seconded by Hoffman, to adopt RESOLUTION N O . 9 9 - 4 5 5 approving the Traffic Safety Improvement Program grant submittal of $66,255 for installation of traffic signals at 13th Street/Northwestern Avenue intersection. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REMOVAL OF SHELDON AVENUE/WEST STREET/UNION DRIVE TRAFFIC SIGNAL: Moved by Hoffman, seconded by Wirth, to adopt RESOLUTION NO. 99-456 approving removal of the Sheldon Avenue/West Street/Union Drive traffic signal. 4 Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REQUEST FROM ENGINEERING PLUS FOR PAYMENT FOR ADDITIONAL ENGINEERING SERVICES FOR 5TH STREET STREETSCAPE PROJECT: Paul Wiegand, Public Works Director, explained the request of Engineering Plus pertaining to costs associated with additional construction observation services for the 5th Street Streetscape Project. Moved by Quirmbach, seconded by Wirth, to adopt RESOLUTION NO. 99-457 approving payment in the amount of $6,859 to Engineering Plus for additional construction observation and design services for the 5th Street Streetscape Improvement Project. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CENSUS PROMOTION ACTIVITIES: Moved by Cross, seconded by Quirmbach, to adopt RESOLUTION NO. 99-458 allocating $15,000 from the City’s Contingency Fund for Census 2000 promotional activities. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ROADWAY SOLICITATION REGULATIONS: Vanessa Lutz, 821-A Wilson Avenue, Ames, was present and stated that she represented community groups in Ames which have traditionally utilized roadway solicitation to raise funds for non-profit agencies. She indicated that she was not, however, in favor of the recent soliciting that had occurred at the intersections of Duff/Lincoln Way and Elwood/Lincoln Way as those are two of the busiest intersections in Ames, and it posed a danger to the persons collecting the funds. Ms. Lutz urged the Council to support the concept of solicitation on certain City streets and medians, to prohibit solicitation on arterial or collector streets, or to prohibit solicitation at intersections with stop lights. Steve Maifield, President of the Ames Jaycees, P. O. Box 624, Ames, explained that his agency uses roadway solicitation to raise funds for the 4th of July fireworks display in Ames, which costs between $10,000 and $12,000. John Harvey, also representing the Ames Jaycees, stated that he is in charge of coordinating the roadblocks for their fundraisers. He said that he understands the concerns over roadway solicitation occurring at Lincoln Way/Duff, however, they do not choose intersections that have stoplights. Council Member Campbell asked if they had explored other venues for solicitation other than standing in the street. Both Mr. Maifield and Mr. Harvey explained that they have held other fundraisers, but they have not been as successful. Mr. Harvey further stated that they have also tried placing their members on private property, rather than public, but this has not proven as successful as soliciting in the roadways. Mr. Maifield asked the Council to look at other alternatives other than banning roadway solicitation. Roger Gould, 902 Burnett, Ames, told the Council that he had been contacted by a representative 5 of the Muscular Dystrophy Association and asked to be present at this meeting. Although he had not been apprised of the issue at hand in detail, he stressed that it is crucial for events such as roadway solicitations to be allowed in order to raise funds for these worthy causes. Moved by Parks, seconded by Cross, to support the concept of prohibiting solicitation on the City’s streets/medians and direct that an ordinance be placed on a future agenda for approval. Vote on Motion: 6-0. Motion declared carried unanimously. P-C PLAN AT 616 BURNETT AVENUE: Moved by Quirmbach, seconded by Wirth, to adopt RESOLUTION NO. 99-459 approving the P-C Plan for 616 Burnett Avenue, without the additional 9.0'-wide access drive, with the following stipulations: 1. That a sufficient number of parking stalls, including those in the garage, be provided prior to issuance of the Certificate of Occupancy for commercial use at 616 Burnett Avenue. 2. That the reconstruction of the garage be completed by May 1, 2000. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. AMENDED P-C PLAN FOR NORTHERN LIGHTS CENTER, 823 WHEELER STREET: David Klatt, 1602 Woodhaven Circle, Ames, one of the developers of Northern Lights Center, asked for clarification if additional space could be leased without the developers proving to the City that the traffic count had not been exceeded. He stated that the developers had signed a Developer’s Agreement in 1997 and are comfortable with abiding with that Agreement. Brian O’Connell, Director of Planning and Housing, explained that a stipulation of approval of the CDP for Northern Lights Subdivision stated that when peak hour traffic volumes generated are in excess of 450 vehicles/hour on Wheeler Street, the developer is responsible to construct a westbound right-turn lane on the north side of Wheeler Avenue between Grand Avenue and Orion Drive. He said that the City Traffic Engineer believes that traffic volumes are increasing, but have not yet exceeded the threshold of 450 vehicles/hour on Wheeler Street. New counts of traffic volumes for Wheeler will be conducted in Spring 2000. At that time, if peak hour traffic volumes have risen above the established threshold of 450 vehicles/hour, the City will require construction of the turning lane on Wheeler Street. Moved by Hoffman, seconded by Wirth, to adopt RESOLUTION NO. 99-460 to approve the amended P-C Plan for the Northern Lights Center to allow the construction of a multi-tenant commercial building (Building D) at 823 Wheeler Street with the following stipulations: 1. That the approval shall be for Building D only and for the parking spaces that are shown on the site plan. 2. Building C is not part of the approval of this P-C Plan amendment. It will be necessary for 6 the developers to request approval of Building C prior to the issuance of building permits and construction of the building. At that time, the developers must demonstrate to the satisfaction of the City Council that adequate off-street parking spaces are available on the site to meet the minimum Zoning Ordinance standards for retail, personal service establishments, and other similar commercial uses, or for restaurants if a restaurant is proposed as a use for the building. Zoning Ordinance standards for off-street parking for business and professional offices are not acceptable as a measure of the amount of parking that is necessary to accommodate the future uses of Building C. 3. Once the projected and cumulative peak-hour traffic volumes exceed 450 vehicles per hour on Wheeler Street, the developer is responsible for the construction of a west-bound turning lane on Wheeler Street between Grand Avenue and Orion Drive. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ZONING MAP AND ZONING ORDINANCE CHANGES: Brian O’Connell reminded the Council that the Planning staff had asked them for direction on five specific properties following the discussion at their meeting of December 7. 1. Property located between Lincoln Way on the north and South Third Street on the south and between the west side of South Maple Avenue on the east and the east side of the Squaw Creek on the west (Map No. 23). A request had been made to staff to reclassify the area to RL. Moved by Wirth, seconded by Hoffman, to support the staff’s recommendation of Urban Core Residential Medium Density (UCRM) zoning for this property. Vote on Motion: 6-0. Motion declared carried unanimously. 2. 129 Beedle Drive (Map No. 21). The property owner had requested that his property retain its G-C (General Commercial) zoning designation. There was concurrence among the Council members that no decision would be made concerning this property until the staff made their recommendation on how non-conformities or Neighborhood-Commercial zoning issues will be handled. 3. The one-quarter block located at the northeast corner of the intersection of Kellogg Avenue and Tenth Street and the west side of Carroll Avenue between 11th Street and 13th Street (Map No. 17). Moved by Wirth, seconded by Cross, to zone this parcel UCRM. Vote on Motion: 5-1. Voting aye: Campbell, Cross, Hoffman, Quirmbach, Wirth. Voting nay: Parks. Motion declared carried. 4. 103 South Hyland Avenue and 2812 Lincoln Way (Map No. 22). The property owner had 7 requested that these properties be zoned Residential Medium Density (RM). Council Member Quirmbach felt that new investment in constructing single-family housing at these two locations is not likely and RM would be the appropriate designation. Moved by Quirmbach, seconded by Parks, to zone 103 South Hyland Avenue and 2812 Lincoln Way as RM. Moved by Cross, seconded by Parks, to amend the motion to make the boundary for the proposed RM designation extend west and then south along the border of the through lots to the U. S. West property. Council Members Campbell and Wirth voiced their concerns about the effect this proposed zoning would have on the lots on Wood Street. Council Member Quirmbach said he preferred that the boundary of the proposed RM designation only extend west as far as the first of the through lots. Council Member Parks expressed his opinion that it is not feasible for persons to invest money to develop the lots in question for single-family homes if they were to remain zoned RL. Vote on Amendment: 1-5. Voting aye: Parks. Voting nay: Campbell, Cross, Hoffman, Quirmbach, Wirth. Motion defeated. Moved by Cross, to amend the motion to extend medium-density zoning west to the first through lot on Lincoln Way. Motion died for lack of a second. Vote on original motion: 5-1. Voting aye: Cross, Hoffman, Parks, Quirmbach, Wirth. Voting nay: Campbell. Motion declared carried. 5. 2920 Woodland Street (Map No. 15). The request from the property owner was that the lot be zoned RH (Residential High Density). Moved by Hoffman, seconded by Wirth, to zone 2920 Woodland Street as RL (Residential Low Density). Vote on Motion: 4-1-1. Voting aye: Campbell, Hoffman, Quirmbach, Wirth. Voting nay: Cross. Abstaining: Parks. Motion declared carried. Several Council members had heard from the property at 412 Hayward. Mr. Parks explained the request of the property owner, Mrs. Norma Robinson, to have her property zoned medium- or high-density residential. Mrs. Robinson’s property is adjacent to several fraternity houses. Moved by Campbell, seconded by Parks, to place discussion concerning 412 Hayward on the 8 agenda when the issues of non-conformities and Neighborhood-Commercial zoning are discussed. Vote on Motion: 6-0. Motion declared carried unanimously. Marilyn Kollash, 2817 Oakland Street, Ames, told the Council that she does not like the dividing of zones based on how many unrelated adults may live in the dwelling. She asked that the Council consider basing occupancy on the number of square feet in a dwelling unit rather than on the zone where it was located. She indicated that she is not in favor of her property being zoned RL. Ms. Kollash felt that the removal of the R2 designation in most neighborhoods would preserve single-family units and lower the density. She also recommended to Council that zoning designations be assigned based on how a property is used rather than the relationships of the people living in it. Moved by Parks, seconded by Wirth, to rezone 2817 Oakland and the property immediately to the west (2823 Oakland) as RH. Motion withdrawn. Moved by Campbell, seconded by Cross, to table this item until their next regularly scheduled meeting. Vote on Motion: 4-2. Voting aye: Campbell, Cross, Parks, Wirth. Voting nay: Quirmbach, Hoffman. Motion declared carried. ORDINANCE AMENDING SUBDIVISION REGULATIONS: Moved by Wirth, seconded by Cross, to pass on first reading an ordinance amending the subdivision regulations. Roll Call Vote: 6-0. Motion declared carried unanimously. REQUEST FOR WAIVER OF SUBDIVISION REGULATIONS FOR PROPERTY LOCATED AT 316 LINCOLN WAY: Mayor Tedesco informed the Council that he had spoken with Mr. O’Connell and the applicant, Mr. Goodwin, attorney representing Ed Sorenson, about the urgency for a decision on their request for a waiver of the subdivision regulations for property at 316 Lincoln Way. Mr. Goodwin indicated that construction was not planned to occur over the winter. Since it is necessary that the Ordinance amending the subdivision regulations be adopted before the requirements may be waived and the rules regarding the passage of ordinances had not been waived, Mayor Tedesco ruled the request out of order on this agenda; this request will be acted on after the Ordinance amending the subdivision regulations has been adopted. ORDINANCE PROHIBITING ON PORTIONS OF BILLY SUNDAY ROAD: Moved by Cross, seconded by Parks, to pass on third reading and adopt ORDINANCE NO. 3544 prohibiting parking on portions of Billy Sunday Road. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Council Member Quirmbach referenced the memorandum he had requested be distributed to the Council members concerning under-age smoking enforcement and compliance. 9 He offered two suggestions to be explored: (1) use of our cable TV channels to provide public education and (2) the possibility of prohibiting smoking in restaurants. Mr. Quirmbach suggested that programming could be done on Channel 12, and YSS and other groups could be asked to develop programming for Channel 10. He also said that interest had been expressed by a representative of the Ames School District in exploring programming for Channel 7, and perhaps ISU would be interested in developing programming for Channel 9. Moved by Quirmbach, seconded by Wirth, to direct staff to develop a cable TV education strategy with appropriate programming to deal with under-age tobacco purchase. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Quirmbach, seconded by Cross, to request the Mayor to initiate contact with the Ames School District, ISU, and other entities deemed appropriate to solicit their ideas to develop programming to reach different audiences concerning under-age smoking. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Quirmbach, seconded by Parks, to direct staff to investigate the possibility of the City regulating smoking in restaurants and report back to City Council. Vote on Motion: 6-0. Motion declared carried unanimously. Mayor Tedesco informed the public that there will be a reception held in honor of John Parks’ 20+ years of service to the City Council on December 28 from 5:00 - 6:30 p.m. in the City Council Chambers. Mayor Tedesco acknowledged that he and the City Council members had received a letter from Joyce Hatfield, 612 Brookridge, Ames, regarding a property she owns at 121 S. Maple. Ms. Hatfield prefers to have her property on S. Maple retain its current zoning designation. Mr. Tedesco said the Council had also received a letter from Veronica Fowler, 1031 Ridgewood Avenue, Ames, who wanted to go on record stating that she is not opposed to zoning changes that would allow social services in her neighborhood. ADJOURNMENT: The meeting adjourned at 9:05 p.m. _________________________________________________________________________ Diane Voss, City Clerk Ted Tedesco, Mayor 10