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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 08/26/1997MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL CITY OF AMES, IOWA AUGUST 26, 1997 The Ames City Council met in regular session at 7:00 p.m. on the 26th day of August, 1997, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law with Mayor Larry R. Curtis presiding and the following Council members present: Campbell, Hoffman, Parks, Quirmbach, Tedesco, and Wirth. CALL TO ORDER: 7:00 p.m. PROCLAMATION FOR "AMERICA GOES BACK TO SCHOOL" MONTH: Mayor Curtis read a proclamation designating the month of September 1997 as “America Goes Back to School Month” within the City of Ames. Ames School District Community Outreach Coordinator Carol Kenealy was present to accept the proclamation on behalf of The Partnership for Family Involvement in Education. CONSENT AGENDA: Motion by Parks, Second by Tedesco, to approve the following items on the Consent Agenda: 1.Motion to approve payment of claims 2.Motion to approve Minutes of the Regular Meeting of August 12, 1997 3.Motion to approve renewal of the following beer permits and liquor licenses: a.Class B Beer - Flame & Skewer, 2801 Grand Avenue b.Class C Beer - Holiday Station Store #47, 326 Lincoln Way c. Class E Beer - Drug Town, 500 Main Street 4.Motion requesting additional 90-day period to consider Xenia Rural Water District's notice of intent to provide water service within City's 2-mile fringe area 5.RESOLUTION NO. 97-425 approving preliminary plans and specifications for installation of Fiber Optic Backbone/Network Components; establishing September 25, 1997 as bid due date and October 14, 1997 as date of hearing and award of contract 6.RESOLUTION NO. 97-426 approving preliminary plans and specifications for Vet Med Substation Addition Project; setting September 12 as bid due date and September 23, 1997 as date of hearing and award of contract 7.RESOLUTION NO. 97-427 approving Change Order No. 1 for Southwest Area Water Main Project, Divisions II and II 8.RESOLUTION NO. 97-428 accepting completion of Vet Med Substation Control Building Project 9.RESOLUTION NO. 97-429 accepting completion of Hyland Avenue Utility Improvements from Oakland Street/Sheldon Avenue to Ontario Street 10.RESOLUTION NO. 97-430 accepting completion of Lincoln Way and Clark/Walnut Intersection Improvement Project 11.RESOLUTION NO. 97-431 approving contract and bond for 1997-98 Sidewalk Safety Program 12.RESOLUTION NO. 97-432 abandoning drainage and detention easements and reducing width of utility easement in Spring Valley Subdivision, 8th Addition 2 13.RESOLUTION NO. 97-433 approving Development Agreement for Dauntless Subdivision 14.RESOLUTION NO. 97-434 approving amendment to Professional Services Agreement with Robinson and Cole for development of zoning code revisions 15.RESOLUTION NO. 97-435 approving amendment to policy with St. Paul Insurance Company for Public Officials & Law Enforcement Liability Coverage, and authorizing payment of additional premium 16.RESOLUTION NO. 97-436 authorizing Staff to enter into cost-sharing arrangement for storm sewer improvements in conjunction with Somerset Subdivision Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: Rob Weidner, 903 Kellogg, said he wanted to commend the City for the good job it was doing in promoting the use of the Hubbell skycaps on Suburbanaire streetlight fixtures when requested by citizens to reduce the amount of glare into the night sky. He said he had spoken with Electric Department staff who were trying to get information out to citizens regarding that option. He said however, he had been told his neighborhood had years ago petitioned the City Council that only 100-watt bulbs be used in that neighborhood, and he said that wattage resulted in very bright concentrated light on the ground. He said Staff had told him that only City Council action could change that petition. He said the street light program was a good program, but he felt if citizens requested lower wattage bulbs, they should be able to get them. He asked the Council to consider lowering the wattage requirement in his neighborhood to a 70-watt bulb. Mr. Weidner said he also wished to thank those responsible for using paint to narrow the street markings on 9th Street, and said it was an ingenious, economical way to reduce the speed of traffic on that street. NEW CLASS B BEER PERMIT FOR PANCHERO'S, INC.: Motion by Hoffman, Second by Tedesco, to approve new Class B Beer Permit for Panchero's, Inc. Vote on Motion: 6-0. Motion declared carried unanimously. NEW CLASS C LIQUOR LICENSE FOR CLUB UTOPIA: Motion by Hoffman, Second by Tedesco, to approve new Class C Liquor License for Club Utopia, 111 5th Street. Vote on Motion: 6-0. Motion declared carried unanimously. NEW CLASS C LIQUOR LICENSE FOR 119 MAIN: Motion by Hoffman, Second by Tedesco, to approve new Class C Liquor License for 119 Main, 119 Main Street. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST FOR PLACEMENT OF AMES HIGH "SPIRIT SIGNS" IN PUBLIC RIGHT-OF- WAY: Motion by Tedesco, Second by Parks, to approve request from Ames High School football parents for permission to place Ames High "spirit signs” in public right-of-way along 13th Street and 20th Street prior to Ames High football games. Vote on Motion: 6-0. Motion declared carried unanimously. 1996 LAND USE POLICY PLAN: Motion by Wirth, Second by Hoffman, to adopt RESOLUTION NO. 97-437 adopting the 1996 Land Use Policy Plan as presented in the 3 Staff Report, with recommendations as contained in Appendix D, the Planning and Zoning Commission recommendation. Planning and Housing Director Brian O'Connell reviewed how the Council members, Staff, Planning and Zoning Commission, Planning Policy Committee, and other citizens have worked on developing the revisions to the Land Use Policy Plan for the past four years. He said the Council had adopted a “draft” Plan in August of 1996, and since that time, changes have been recommended regarding six major issues. There was discussion regarding whether the Council should consider each of these six issues separately, with amendments to the Main Motion (Wirth, Hoffman) made as discussion on each issue took place. Motion by Parks, Second by Campbell, to divide the Main Motion into six separate parts, and that each of the six above-mentioned issues be considered separately before a final vote was taken on the Main Motion. Vote on Motion: 6-0. Motion declared carried unanimously. Mr. O’Connell proceeded to review each of the following six issues in more detail. Issue I. Lower Density Goal for Suburban Residential: There was discussion that this was a goal, rather than an absolute law by which a subdivision would be denied approval. There was further discussion that the situation would require monitoring over time to see if the City was moving toward this goal. Motion by Tedesco, Second by Parks, to amend the draft 1996 Land Use Plan by lowering the density goal for Low-Density Residential development in Suburban Residential subdivisions from 5.6 units per net acre to 5.0 units per net acre. Vote on Motion: 6-0. Motion declared carried unanimously. Issue II. Capital Investment Strategy: Mr. O’Connell said in April of 1997, Council had adopted a Resolution amending the policy option of the Capital Investment Strategy to establish a mechanism whereby the Council can decide when to engage in the capital investment strategy. He said more recently, there has been discussion of the concept of tiered incentives with a scoring matrix. He said that matrix has not yet been prepared and will be presented to the Council at a later date. Motion by Parks, Second by Hoffman, to amend the draft 1996 Land Use Policy Plan to include the amendment to the policy option for the Capital Investment Strategy as contained in Appendix B of the Staff Report. Vote on Motion: 6-0. Motion declared carried unanimously. Issue III. Future Land Use Designation for Lincoln Way to South 3rd/Duff to Walnut Area: Mr. O’Connell said last spring, the Council adopted a resolution amending the future land use designation of the area south of Lincoln Way to South 3rd Street between Duff Avenue and Walnut Avenue as “Highway Commercial,” as a means to provide more Commercial property. He said while the area is to a large degree developed residentially, the Highway Commercial land use designation would be consistent with the current zoning of R-4 and Planned-Commercial. He said 4 the City Staff had recommended a sub-area planning process as a means to facilitate the land use transition of this area. He said the Planning and Zoning Commission, however, recommended the area be designated as High-Density Residential. There was discussion that the current land use designation of the area has been Commercial since 1988, and yet the area has remained zoned Residential for a number of years. There was discussion that the Council was not talking about changing the zoning of the area at this time, but was instead trying to address the problem of current zoning not matching the current Land Use Plan. Mayor Curtis noted the Main Motion made by Coun. Wirth had included approval of the Planning and Zoning Commission’s recommendation for this issue. For the record, the Motion was restated as follows: Motion by Wirth, Second by Hoffman, to amend the draft 1996 Land Use Policy Plan by designating the area south of Lincoln Way to South 3rd Street between Duff and Walnut Avenue as High-Density Residential. Jim Popken, 920 Clark Avenue, said he was present representing the Ames Neighborhood Coalition. He said the Coalition endorsed the Planning and Zoning Commission’s recommendation for a High- Density Residential Land Use designation for this area. He said the area had significant Commercial space at this time, and intensification of that space seemed inappropriate. He said a “Highway Commercial” designation for this core area of the City seemed inappropriate as well. He said in his own definition of “mixed-use,” there would be Commercial and Residential use buildings, as well as some buildings that had both uses within the same structure. He said therefore, he felt both Commercial and Residential would be the most appropriate land use for this area. Vote on Motion: 3-3. Voting Aye: Hoffman, Quirmbach, Wirth. Voting Nay: Campbell, Parks, Tedesco. Mayor Curtis voted Nay to break the tie. Motion declared Failed 3-4. Motion by Campbell, Second by Parks, to amend the draft Land Use Policy Plan to designate the area south of Lincoln Way to South 3rd Street between Duff Avenue and Walnut Avenue as “Highway Commercial,” and that a sub-area planning process be used to implement the land use designation. After discussion among Council Members regarding the Motion, Coun. Wirth called for the Question. Vote on Motion to End Debate: 5-1. Voting Aye: Campbell, Parks, Quirmbach, Tedesco, Wirth. Voting Nay: Hoffman. Motion declared carried 5-1. Vote on Motion to Amend: 5-1. Voting Aye: Campbell, Hoffman, Parks, Tedesco, Wirth. Voting Nay: Quirmbach. Motion declared carried 5-1. Issue IV. One and Two Family Medium Density Residential in Urban Core. Mr. O’Connell said the Planning and Zoning Commission had concerns regarding the Medium-Density land use designation proposed for the area of the Urban Core that is outside of the Single Family Conservation Overlay District, and had recommended the creation of a new land use designation that includes a One and Two Family Medium-Density designation for this area, as contained in Appendix 5 D of the Staff Report. He said the City Staff concurred with that recommendation, and said the proposed new designation would be a combination of the current R1-6 and R-2 designations, but would not allow R-3 as it is known today. Jim Popken, 920 Clark, said the Ames Neighborhood Coalition strongly supported the Planning and Zoning Commission/City Staff recommendation. Mary Terpstra, 223 6th Street, noted she had served on the Land Use Policy Planning Committee and said this new designation was really needed for the urban core residents. She urged the Council to amend the draft plan as recommended. Motion by Wirth, Second by Hoffman, to amend the draft 1996 Land Use Policy Plan, to create a new land use designation on the future Land Use Map that includes a One and Two Family Medium-Density designation for the area of the Urban Core outside of the Single Family Conservation Overlay District, as contained in the Planning and Zoning Commission’s recommendation included in the Staff Report as Appendix D. Mayor Curtis noted for the record that while the Council had determined to consider each of the six issues separately, this motion was included in the Main Motion made by Coun. Wirth. Vote on Motion: 6-0. Motion declared carried unanimously. Issue V. Three half blocks North of Lincoln Way Between Oak and Russell. Mr. O’Connell said this area has been zoned as Multiple Family since 1965. He said Staff’s recommendation is that the area be designated on the future Land Use Map as Medium-Density Residential, due a number of factors including the area’s nearness to Lincoln Way as a transit corridor, its higher density than surrounding patterns of land use, and the small concentration of multiple-family structures in the area. He said however, the Planning and Zoning Commission has recommended that the area be designated as One and Two Family Medium-Density Residential, to alleviate concerns for the conservation of the neighborhood, the conservation of the housing stock, and the negative impact that might occur as a result of additional multi-family development. He said while the Staff’s recommendation was to keep the land use as it is at present, Staff was not strongly opposed to the alternative recommendation. Mayor Curtis noted for the record that the Main Motion made by Coun. Wirth was to approve the Planning and Zoning Commission’s recommendation on this issue. Martin Osam, 223 North Russell, said the Oak to Riverside neighborhood was very concerned about keeping this area consistent with the rest of the neighborhood. He said some of the property in the area was currently rental, but said it was still one- and two-family rental. He said the area was significant for first-time home buyers. He said of 22 properties in the area, only two were currently multi-family, and said with the resulting 90% ratio of one-and two-family homes, it seemed practical to make the multi-family use non-conforming with the rest of the area. He said another problem with intensification of the area is that it is landlocked by Squaw Creek and Grand Avenue. He noted Staff had said they did not have a strong position on this issue, whereas the neighbors did. He urged the Council to adopt the Planning and Zoning Commission’s recommendation and change the land use designation of this area to One and Two Family Medium-Density Residential. 6 Lynette Jensen, 1107 N. 2nd Street, said the Oak to Riverside neighborhood is a well-established family neighborhood with limited parking. She said the housing that has been divided for apartments has already created an over-demand for parking. She said in many instances, the access to Lincoln Way is currently via unimproved alleys that are maintained by the property owners, and the lack of east and west exits affects traffic patterns in the neighborhood. She said for these reasons, she would urge the Council to adopt the Planning and Zoning Commission’s recommendation and designate this area as One and Two Family Medium-Density Residential. Tam Lorenz, 311 S. Maple, said one mission of the Land Use Policy Plan is to preserve the existing neighborhoods. She said excluding this three half block area from the One and Two Family Medium-Density Residential designation would split the neighborhood under the banner of intensification. She said the neighborhood’s position should not be considered as an adversarial situation of homeowners versus renters, as renters and homeowners currently coexist well in this neighborhood. She noted the apartments along South Oak Street are physically situated on the border of the neighborhood where there is not residential housing. She said the presence of the single-family rental units was a boon for people not yet ready to purchase their first home. She said this neighborhood could be called the City’s “backbone,” offering affordable homes that fostered reinvestment in the neighborhood. She said the neighborhood inspires owner occupants as well as absentee landlords to fix up their property and care for it. She said with its mix of residential styles and commercial uses, this area was already a “village.” She urged the Council to support the Planning and Zoning Commission’s recommendation. Eugene Robinson, 1326 Lincoln Way, said he had purchased a rental unit in this neighborhood and converted it to a single-family home, as had many of his neighbors. He said this area consisted of very affordable structures that provide affordable housing. He said it was his hope that many of the rental units would become single-family homes. He noted the number of people in the neighborhood that have been involved in home-improvement projects, and said living in an area like this makes one appreciate one’s home. He urged the Council to designate the area as One and Two Family Medium-Density Residential in order to preserve it as an area offering affordable housing. He said he could live with increased density in the area as long as the character of the neighborhood was maintained. Richard Tondra, 122 S. Riverside Drive, asked the Council to support the Planning and Zoning Commission’s recommendation for this area. He said he agreed with previous statements made by his neighbors, and added that it was important to consider the area’s proximity to the Department of Transportation, one of the City’s largest employers. He said it was also possible to walk to Iowa State University from this area. He said in many cases, that proximity reduces the need for families to have two cars, which adds to the affordability of the neighborhood. Ellen Rasmussen, 206 N. Riverside Drive, said she too hoped the Council would support the Planning and Zoning Commission’s recommendation for this area. She said she felt the development of a Land Use Policy Plan was a good process, as it prompted residents to think about their neighborhoods and what they like about them. She said it was important to remember that for many, Lincoln Way was the entryway to Iowa State University, and she felt it should be kept as attractive as possible. She said she felt a One and Two Family Medium-Density Residential designation would accomplish that more effectively than a multi-family designation. She said the financial arrangements regarding who owned the property were irrelevant, and the important consideration 7 was how the land was used. She said many people who come to Ames on temporary positions with the University or with another business would like to be able to rent a home, and this area allowed that to happen. She said her family and she had moved to this neighborhood 3 years ago because they liked the diversity of housing types and the area’s warmth and familiarity. She said she was concerned that those qualities would be lost if the area were designated as multi-family. Jim Popken, 920 Clark Avenue, said the Ames Neighborhood Coalition supported the Planning and Zoning Commission’s recommendation for this area, saying it seemed reasonable to fit it into a general plan for a One and Two Family Medium-Density Residential area, rather than trying to carve out a separate designation for these 3 half-blocks. He urged the Council to adopt the Commission’s recommendation for this area. Jason Heezen, 1314 Lincoln Way, said he moved to Ames two or three years ago. He described the attractiveness of the neighborhood in terms of affordability and its home-town feeling. He asked the Council to support the Commission’s recommendation. Motion by Wirth, Second by Parks, to amend the draft 1996 Land Use Policy Plan by designating the three half-blocks immediately north of and adjacent to Lincoln Way, between Oak and Russell, as One and Two Family Medium-Density Residential on the future Land Use Map, as recommended by the Planning and Zoning Commission and as contained in Appendix D of the Staff Report. Coun. Wirth clarified that her original motion had included supporting the Planning and Zoning Commission’s recommendation for this area. Vote on Motion: 6-0. Motion declared carried unanimously. Issue 6. Two Block Area South of Lincoln Way Between Oak and Maple. Mr. O’Connell said both the Planning and Zoning Commission and City Staff agree that the land use designations for these two blocks should indicate that the east half block be designated as High Density Residential, and the west half block be designated as One and Two Family Medium-Density Residential. He said the property owners have indicated they agree with the recommendation for what is essentially a mid-block change in use designation. Martin Osam, 223 North Russell, said the neighborhood supports the recommendation of the Planning and Zoning Commission and City staff. He said designating the west half block as One and Two Family Medium-Density Residential would provide consistency desired by the neighborhood. Motion by Wirth, Second by Hoffman, to amend the draft 1996 Land Use Policy Plan by designating the two blocks south of Lincoln Way between Oak and Maple as follows: east half block as High-Density Residential, and west half block as One and Two Family Medium Density Residential, as contained in Appendix D of the Staff Report. Coun. Wirth noted her original motion included amending the draft Plan in this manner. Vote on Motion: 6-0. Motion declared carried unanimously. 8 Mayor Curtis asked if there were any other amendments or suggestions to the draft 1996 Land Use Policy Plan, and no one came forward to speak at this time. Vote on Main Motion as Amended: 6-0. Motion declared carried unanimously. Motion by Campbell, Second by Hoffman, to adopt RESOLUTION NO. 97-437 adopting the 1996 Land Use Policy Plan as amended. Roll Call Vote: 6-0. Voting Aye: Campbell, Hoffman, Parks, Quirmbach, Tedesco, Wirth. Voting Nay: None. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. RECESS: Mayor Curtis declared a recess at 8:45 p.m. RECONVENE: The Regular Meeting reconvened at 8:50 p.m. HYLAND AVENUE PARKING: City Attorney John Klaus reviewed the following two legal principles pertaining to using a City street property for private parking, as contained in the Staff Report: 1) a city cannot bind itself by contract for the exercise of its legislative function, and 2) appropriation of street land to private use, from which the public derives no benefit or compensation, violates a fiduciary duty owned by the city authorities to the public. Motion by Parks, Second by Tedesco, to accept the on-street bikepath concept for Hyland Avenue, and to amend the pending ordinance regarding designation of Hyland Avenue parking prohibitions to prohibit parking on both sides of Hyland from Lincoln Way to Ontario. Mary Richards, 3217 West Street, said she was President of the Unitarian Universal Fellowship. She said the Fellowship appreciated the Council members listening to their requests for on-street parking, and to City staff’s sympathy and helpfulness in trying to find alternative solutions for the dilemma posed by removal of on-street parking in the area. She said while she understands and accepts the position of the City, she didn’t see any philosophical difference between the City entering into a contract with the Iowa Department of Transportation conditioned on parking, and its entering into a contract with the Unitarian Fellowship conditioned on parking. She noted the Council had received a letter dated August 22, 1997 from Story County Auditor and Commissioner of Elections Judy Emmons, which underscored the importance and hidden costs to the community involved in the City’s acceptance of “grants with strings attached.” She said she hoped the City would be cautious in accepting grants with similar stipulations in the future. Ms. Richards said no concrete alternatives for the Fellowship’s parking have been found at this time. Dieter Dellman, 1026 Gaskill, said the City had applied for funds from the Iowa Department of Transportation to construct bikelanes on Hyland, and had obtained those funds based on an understanding that the bikelane would be constructed. He said the DOT had made it quite clear that if parking were allowed on the bikelane, the funds would not be received or would have to be returned. He said to allow parking on the bikelanes would put the credibility of the City in question and might jeopardize the success of future grant applications. He said bikelanes were for biking, and it was potentially dangerous to allow parking on bikelanes. 9 Carl Mize, 3425 Ross Road, said he was Chair of the Ames/ISU Bicycle Committee, which he said had voted 4-0-1 in favor of no parking on the bikelanes at any time. He said he had abstained from voting on the issue, because he was also a member of the Unitarian Universal Fellowship. He said most of the bikers he knows feel Sunday morning is an infrequent time for biking, and if there was a way the bikepaths could be striped and parking allowed at infrequent low-peak periods, he felt the two uses could be allowed. Eve Wurtele, 3425 Oakland, noted the Council had previously determined to widen Hyland to accommodate the on-street bikepath, and she urged the City to get the path striped as soon as possible to avoid dangerous situations. She said recently, her little girl and she were almost hit by a car on the unstriped bikepath. After Council Members discussed the Main Motion to amend the pending ordinance, Coun. Campbell called for the Question. Vote on Motion to amend: 5-1. Voting Aye: Campbell, Hoffman, Parks, Tedesco, Wirth. Voting Nay: Quirmbach. Motion to Amend declared carried 5-1. Motion by Tedesco, Second by Wirth, to pass ordinance designating parking prohibitions on Hyland Avenue as amended on second reading. Roll Call Vote: 5-1. Voting Aye: Campbell, Hoffman, Parks, Tedesco, Wirth. Voting Nay: Quirmbach. Motion declared carried 5-1. Motion by Wirth, Second by Parks, to suspend the rules regarding adoption of an ordinance. Roll Call Vote: 5-1. Voting Aye: Campbell, Hoffman, Parks, Tedesco, Wirth. Voting Nay: Quirmbach. Motion declared carried 5-1. Motion by Tedesco, Second by Wirth, to pass on third reading and adopt ORDINANCE NO. 3455 prohibiting parking on both sides of Hyland Avenue from Lincoln Way to Ontario. Roll Call Vote: 5-1. Voting Aye: Campbell, Hoffman, Parks, Tedesco, Wirth. Voting Nay: Quirmbach. Ordinance declared adopted 5-1, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE AMENDING MUNICIPAL CODE TO ENACT PLANNED-UNIT DEVELOPMENT OVERLAY DESIGNATION ON PROPERTY LOCATED AT 3727 CALHOUN AVENUE: Motion by Campbell, Second by Parks, to pass on second reading an ordinance amending the Municipal Code to enact a Planned-Unit Development Overlay Designation on property located at 3727 Calhoun Avenue. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Hoffman, Second by Wirth, to suspend the rules regarding adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Hoffman, Second by Tedesco, to pass on third reading and adopt ORDINANCE NO. 3456 amending the Municipal Code to enact a Planned-Unit Development Overlay Designation on property located at 3727 Calhoun Avenue. 10 Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE AMENDING MUNICIPAL CODE TO REVISE REGULATIONS PERTAINING TO PARKS AND RECREATION FACILITIES: Motion by Wirth, Second by Tedesco, to pass on second reading an ordinance amending Municipal Code to revise regulations pertaining to City Parks and Recreation facilities. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE DESIGNATING PARKING PROHIBITIONS IN ISU RESEARCH PARK, THIRD ADDITION: Motion by Wirth, Second by Hoffman, to pass on second reading an ordinance designating parking prohibitions on both sides of South Riverside Drive for a distance of 1140 feet south of Airport Road, and on both sides of South Loop Drive in ISU Research Park, Third Addition. Roll Call Vote: 5-0-1. Voting Aye: Campbell, Hoffman, Quirmbach, Tedesco, Wirth. Voting Nay: None. Abstaining: Parks. Motion declared carried 5-0-1. HEARING ON PROPOSED AMENDMENT TO MUNICIPAL CODE TO ALLOW FOR LIMITED USE OF NON-WOOD SIDING IN AN HISTORICAL PRESERVATION DISTRICT: Mayor Curtis declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Hoffman, Second by Tedesco, to pass on first reading an ordinance amending the Municipal Code to allow for limited use of non-wood siding in an Historical Preservation District. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Parks, Second by Tedesco, to suspend the rules regarding adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Parks, Second by Hoffman, to pass on second and third readings and adopt ORDINANCE NO. 3457 amending Municipal Code to allow for limited use of non-wood siding in an Historical Preservation District. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC HEARING ON PROPOSED REZONING OF PROPERTY LOCATED EAST OF 13th STREET, EAST OF I-35, AND NORTH OF THE UNION PACIFIC RAILROAD (BARILLA AMERICA, INC.): Mayor Curtis declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Parks, Second by Hoffman, to adopt RESOLUTION NO. 97-438 approving annexation of property located east of 13th Street, east of I-35, and North of the Union Pacific Railroad. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. 11 Motion by Tedesco, Second by Quirmbach, to pass on first reading an ordinance rezoning property located east of 13th Street, east of I-35, and north of the Union Pacific Railroad from Story County Agricultural to P-I (Planned-Industrial). Roll Call Vote: 6-0. Motion declared carried unanimously. HEARING ON SOUTH RIVERSIDE DRIVE CULVERT PROJECT: Mayor Curtis declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Hoffman, Second by Wirth, to adopt RESOLUTION NO. 97-439 approving final plans and specifications and awarding contract to Jenco Construction, Inc. of Des Moines, Iowa, in the amount of $123,129.02. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. DEVELOPER'S AGREEMENT FOR HY-VEE STORE: Motion by Wirth, Second by Parks, to adopt RESOLUTION NO. 97-440 approving developer's agreement with Hy-Vee, Inc. and Midwest Centers L.P., and approving the City’s provision of four salvaged metal poles to be repainted and installed at the Lincoln Way entrance to Lincoln Center. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. GRANT FOR PUBLIC INFORMATION KIOSK: Motion by Wirth, Second by Tedesco, to adopt RESOLUTION NO. 97-441 approving participation in State of Iowa/Federal grant for public information kiosk, agreeing to a one-year trial period for the kiosk and appropriating $4,900 from the Contingency Fund for first-year telecommunication costs. Library Director Gina Millsap said a team of City staff members would be formed this week to determine a time frame for the project, which would include site selection. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. UTILITY RETIREMENT SYSTEM: Motion by Hoffman, Second by Wirth, to adopt RESOLUTION NO. 97-442 approving contracts with The Vanguard Group for services to the Utility Retirement defined contribution plan, including the Trust Agreement, Employer Selection of Funds, Employer Certification of Plan Administrator, and Record Keeping and Service Fee Agreement. Harold Ault said he was a City employee who lived outside the Ames City limits. He reviewed a letter he had provided to the City Clerk for distribution to the Council this evening, which included copies of his March 3, 1997 and August 20, 1997 correspondence to the Utility Retirement Board. He said he was concerned that decisions are being made quickly when the issue of distribution of the roll-over amount of funds in the Utility Retirement System was not resolved at this time. He said the person who made the original motion has resigned from the Utility Retirement Board, and he was concerned that existing Board members may not be there when the decisions are made. He said the 12 roll-over amounts for individual members should be public information available to all members. He said comparisons of roll-over amounts between individuals have shown inconsistencies and potential errors. He said he felt people should be allowed to compare their roll-over amounts. Mr. Ault said an intermediate step to consider would be an estimate of the annuities. He said consideration should be given to delaying the conversion date by two weeks, to allow time to determine how much money is left in the system before the final purchases are made. He said however, he was aware there were concerns regarding lengthening the roll-over time by two weeks. Mayor Curtis said for the record that the Utility Retirement Board has been dealing with the conversion for some time, and it has been a deliberate and painstaking process. He agreed it may seem decisions are being made quickly at this time, due to the nature of the bidding process. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Hoffman, Second by Wirth, to pass on first reading an ordinance amending Municipal Code for the purpose of converting the Ames Retirement System from a "Defined Benefit" system to a "Defined Contribution" system. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Campbell, Second by Quirmbach, to suspend the rules regarding adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Campbell, Second by Quirmbach, to pass on second and third readings and adopt ORDINANCE NO. 3458 amending Municipal Code for the purpose of converting the Ames Retirement System from a "Defined Benefit" system to a "Defined Contribution" system. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. LINCOLN WAY SANITARY SEWER RELIEF PROJECT: Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 97-443 accepting completion of Lincoln Way Sanitary Sewer Relief Project. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 97-443a denying “changed conditions” claim from Westcon/Dillingham, as detailed in correspondence dated August 26, 1997 from City Attorney John Klaus, and authorize Staff to engage experts for the defense of this claim, for a cost not to exceed 5% of the amount of the claim. Vote on Motion: 6-0. Motion declared carried unanimously. 1997/98 PAVING PROGRAM NO. 3 (NORTH/SOUTH ALLEY BETWEEN 9TH AND 10TH/DOUGLAS/KELLOGG: Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 97-444 adopting Preliminary Resolution for 1997/98 Paving Program 13 No. 3. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 97-445 approving preliminary plat and schedule for 1997/98 Paving Program No. 3. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 97-446 adopting proposed Resolution of Necessity; setting September 23, 1997 as date of public hearing. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 97-447 approving preliminary plans and specifications for 1997/98 Paving Program No. 3; setting September 17, 1997 as bid due date and September 23, 1997 as date of hearing and award of contract. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. AMES COMMUNITY INDUSTRIAL PARK, PHASE II: Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 97-448 approving Development Agreement for the Ames Community Industrial Park - Phase II Tax Increment Finance District. William Armstrong, 3711 S. Duff, said he was trustee for the Armstrong family trust for property on Dayton Avenue that abuts the proposed Tax Increment Financing area. He asked that the Council direct Staff to reconsider the boundaries for the proposed urban renewal area and to incorporate the Armstrong property into the urban renewal district. He said the existing junkyard on the property creates a blighted area that is limiting development in the area. He said he was not asking that this property be immediately available for Tax Increment Financing, but that the entire area be dealt with consistently. He suggested the Council defer action on the developer’s agreement, and consider the entire area. When questioned by Coun. Parks, City Attorney John Klaus clarified that the action Council was being asked to consider this evening was an agreement which says the Council will institute proceedings to go ahead with the urban renewal process. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 97-449 approving RISE grant application for Ames Community Industrial Park - Phase II. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PHASE IV AFFORDABLE HOUSING PROGRAM: Housing Coordinator Vanessa Baker- Latimer reviewed the Staff report on this item. 14 Motion by Hoffman, Second by Tedesco, to adopt RESOLUTION NO. 97-450 approving contract for consulting services with RDG Crose Gardner Shuckert for Housing Needs Assessment grant in connection with Countywide Housing Study. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Hoffman, Second by Tedesco, to adopt RESOLUTION NO. 97-451 approving agreement between City of Ames and Story County for Comprehensive Housing Needs Assessment and Action Plan. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Hoffman, Second by Tedesco, to adopt RESOLUTION NO. 97-452 approving replacement and addition of Task Force members. Motion by Quirmbach, to amend the pending resolution to include asking the Task Force membership to make an appropriate inquiry to the Story County Board of Supervisors as to whether they would be favorable to adding a member from a neighborhood group to the Task Force. The Motion Failed for lack of a Second. Roll Call Vote on Main Motion: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REPORT ON 1997 HOUSING FAIR: Housing Coordinator Vanessa Baker-Latimer gave a brief synopsis of the evaluation forms from the 1997 Housing Fair. COMMENTS AND FUTURE AGENDA ITEMS: Motion by Campbell, Second by Tedesco, to refer to Staff August 15, 1997 letter from Lartius Property Management regarding Country Terrace Mobile Home Park’s request for extension of City sewer, water, and bus services up to and including 6100 West Lincoln Way. Vote on Motion: 6-0. Motion declared carried unanimously. Coun. Campbell congratulated Public Information Officer Clare Bills on the City’s recent Savvy Award for the public relations project to raise money for two thermal imagers for the Fire Department. Motion by Quirmbach, Second by Parks, to refer to Staff the request made this evening for lowering the wattage requirement for light bulbs used in connection with the Hubbell Skycaps on Suburbaniare streetlight fixtures, and to request report back from Staff. Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Quirmbach, Second by Parks, to direct Staff to review current policy regarding pedestrian access to shopping centers and requirements for sidewalk paths on shopping center property. Coun. Parks said he had seconded the motion for discussion purposes, but felt those types of issues are most appropriately dealt with as part of the site plan approval process. Coun. Quirmbach said 15 the intent of his motion was merely to ask for a report from Staff regarding what types of tools the City might have at this time regarding this issue. Roll Call Vote: 1-5. Voting Aye: Quirmbach. Voting Nay: Campbell, Hoffman, Parks, Tedesco, Wirth. Motion declared Failed 1-5. Coun. Hoffman congratulated Coun. Parks on his recent appointment as Director of the Iowa State University Research Park. Coun. Hoffman asked the status of the issue recently referred to Staff regarding the frequency of train whistles on the Union Pacific Railroad through the City. City Manager Steve Schainker said the Mayor and Staff were meeting with Railroad representatives next Thursday, and hoped to have a report back to the Council at the next Council meeting. Coun. Wirth asked when the issue of street lighting standards for new commercial developments would be coming back to the Council, and there was discussion regarding the Council’s previous direction to Staff on this item. City Manager Schainker said Staff would check the minutes of previous Council meetings and respond accordingly. ADJOURNMENT: The Regular meeting adjourned at 9:59 p.m. Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor