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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 11/13/19971 MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL CITY OF AMES, IOWA NOVEMBER 13, 1997 The Ames City Council met in regular session at 6:30 p.m. on the 13th day of November, 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: 6:30 p.m. JOINT MEETING WITH CABLE TV COMMISSION: Cable TV Commission Chair Michael Wilson introduced Commission Members Jim Gunning and Monica Booe, and reviewed the document entitled “Annual Report of the Ames City Cable Television Commission, November 1997.” The Council and Commission Members discussed the report’s four major points as follows: 1) The state of Government Access programming; 2) Usage of the Public Access channel and facilities; 3) The Commission’s relationship with TCI Cablevision; and 4) Issues needing to be faced in the coming year. The latter issue included discussion of a request to the City Council to allow the expenditure of $13,100 to equip a second edit suite for the use of Public Access producers. There was discussion regarding whether the Commission should make this request to the Council at a future regular meeting or as part of the upcoming budget process. Mayor Curtis said the Commission’s fund was not tied to property taxes. He said the Commission has that fiduciary responsibility on behalf of their charge, and could bring the issue to the Council at their November 25 meeting if it so desired. He said Council members could approve or deny the request at that time. Mayor Curtis complimented the Commission, saying the work it has done in the past year is among the best any Commission has done. CONSENT AGENDA: Mayor Curtis noted the Council had received an amended Council Action Form concerning a July 1, 1998 effective date of the proposed amendment to the Personnel Policies to allow limited amount of sick leave to be used for family leave (Item 6). Motion by Wirth, Second by Hoffman, 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 October 28, 1997 3.Motion to approve renewal of the following beer permits and liquor licenses: a.Class B Beer - Ruttles, 531 S. Duff b.Class C Beer - Kwik Shop #550, 715 24th Street 4.Motion setting December 9 and December 16, 1997 as regular meeting dates 5.RESOLUTION NO. 97-568 accepting Canvass of Ballots for November 4, 1997 Municipal Election 6.RESOLUTION NO. 97-569 modifying Personnel Policies to allow a limited amount of sick leave to be used for family leave 7.RESOLUTION NO. 97-570 approving preliminary plans and specifications for 1997/98 Residential Low Point Drainage Improvements (Franklin Park area); setting December 3, 1997 as bid due date and December 9, 1997 as date of hearing and award of contract 8.RESOLUTION NO. 97-571 abandoning west 3' of 20' sanitary sewer easement on Lot 28, Northern Lights Subdivision 9.RESOLUTION NO. 97-572 accepting bids and awarding contract for 1997/98 Winter Tree Trimming Program 10.RESOLUTION NO. 97-573 accepting completion of Hard Surface Trail System in Stuart Smith Park 2 11.RESOLUTION NO. 97-574 approving Change Order for 1996/97 Water Program 12.RESOLUTION NO. 97-575 approving Change Order for Hyland Reconstruction (Ontario to Forest Hills Drive) for pavement markings 13.RESOLUTION NO. 97-576 approving contract and bond for 1997/98 Paving Program No. 2 (Southeast 16th Street Paving) 14.RESOLUTION NO. 97-577 approving contract and bond for Lime Sludge Disposal/Land Reclamation Program (Segment 3) 15.RESOLUTION NO. 97-578 approving contract and bond for Fiber Optic Backbone/Network Components for Information Services Division 16.RESOLUTION NO. 97-579 approving request to subordinate City's 2nd mortgage lien on property located at 5246 Frost Drive 17.RESOLUTION NO. 97-580 approving request from Ames Chamber of Commerce for reimbursement of City portion of cost of design work for alley north of Main in amount of $350.00 18.RESOLUTION NO. 97-581 authorizing payment of City costs of new development in Northridge Parkway Subdivision 19.RESOLUTION NO. 97-582 approving RISE grant agreement for East Lincoln Way Project (Barilla America, Inc.) 10.RESOLUTION NO. 97-583 authorizing Staff to proceed with issuance of certificates pending receipt of ACC contracts from HUD in connection with City's Section 8 Existing Rental Subsidy Program 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 came forward to speak at this time. REQUEST FROM ZONING BOARD OF ADJUSTMENT FOR CHANGE IN MEETING TIMES: Motion by Parks to approve request to change meeting time for Zoning Board of Adjustment to 5:00 p.m. The Motion Failed for lack of a Second. Motion by Campbell, Second by Hoffman, to deny request from Zoning Board of Adjustment for change in meeting times to 5:00 p.m. Stu Huntington, 2632 Ridgetop Road, said he was present on behalf of the Ames Zoning Board of Adjustment, who had expressed concerns regarding an earlier meeting time and public accessibility. He said he was not personally advocating the change, but as one Board member had felt a 5:00 meeting time would work better with his schedule, the Board had voted to bring the request to the Council. Vote on Motion to Deny Request: 6-0. Motion declared carried unanimously. FIREWORKS PERMIT FOR FIRSTAR EVE: Motion by Hoffman, Second by Tedesco, to approve request from FirStar Bank for fireworks permit for FirStar Eve, December 31, 1997. Vote on Motion: 6-0. Motion declared carried unanimously. AMES MAIN STREET DISTRICT REQUESTS FOR HOLIDAY LIGHTING: Motion by Parks, Second by Campbell, to approve request from Ames Main Street District for temporary obstruction permit for collapsible framework to create lighted tree image between Main Street and railroad tracks on west side of Duff. Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Parks, Second by Campbell, to adopt RESOLUTION NO. 97-584 approving provision of 20 amp service point near lighted tree image site. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Parks, Second by Campbell, to adopt RESOLUTION NO. 97-585 approving provision of electrical service point for holiday lighting on buildings east of 111 Main to 3 the First Federal Savings building, Wall to Wall Gallery, and north on the buildings of 409 and 417 Duff. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REQUESTS FOR 1997 FANTASY OF TREES & LIGHTS HOLIDAY LIGHTING: Motion by Hoffman, Second by Tedesco, to adopt RESOLUTION NO. 97-586 approving request for waiver of electric fees for illumination of Downtown buildings. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. STAFF REPORT ON DUST CONTROL ON YOUTH SPORTS COMPLEX DRIVE: Public Works Department Director Paul Wiegand reviewed the Staff Report, noting the Council had referred this issue to Staff after receiving citizen concerns regarding the amount of dust generated by traffic on the gravel frontage road to the Ames Youth Sports Complex affecting visibility on U.S. Hwy. #30. He noted the report outlined lower-cost solutions such as calcium chloride application to the higher-cost solution of asphalt surfacing the frontage road. He said according to the lease agreement, the AYSC, Inc. is responsible for maintenance of the frontage road, and the road must meet the standards set by the City for gravel surface streets. He said any of the options listed in the report would be acceptable to the City. Motion by Hoffman, Second by Tedesco, to direct Staff to meet with the Ames Youth Sports Complex, Inc. Board to inform them of the options for resolving the problem of dust control on the gravel frontage road to the Sports Complex and advise them of the necessity of resolving the problem. Vote on Motion: 6-0. Motion declared carried unanimously. U.S. #69 LONG RANGE PLAN: Public Works Director Paul Wiegand reviewed the Staff report, noting Staff has been reviewing the problems on U.S. #69 since 1990, and have constructed such short-range improvements as widening South Duff Avenue, constructing improvements at the Lincoln Way/Clark/Walnut intersection, and constructing improvements at Lincoln Way and Duff Avenue. He said since January 1995, City Staff and DOT Staff have been working with JBM Transystem consultants to study options for the U.S. #69 corridor from Lincoln Way to Duff, and after numerous public meetings and consideration of various alternatives, the options had been narrowed down to the following three alternatives: 1) Do Nothing. 2) Lincoln Way Widening, in which 19 feet of existing private property north of Lincoln Way would be added to the right-of-way to create turn lanes and other intersection improvements, 3) Grand Avenue Extension, involving an extension of Grand Avenue to South 3rd/South 4th Street, and constructing intersection improvements at Lincoln Way/Duff Avenue, and at Clark Avenue/Walnut Avenue/Lincoln Way. Mr. Wiegand discussed each alternative as attached to the Staff Report, and summarized the problems associated with each. Mr. Wiegand said Staff had recommended that some form of “corridor preservation” be considered for those areas which may need future improvements, and said one possibility would be an overlay zone that would provide existing businesses to remain as they currently are, but provide that if reconstruction occurred, a setback might be required. He said the overlay zone would not affect the current use of the land or a like use of the land. He said the intent would be to try to minimize the damage down the line for both the City and the business users. He said the details of such an option were not as yet worked out, but if the Council would like Staff to look into it, they could direct them to do so and to report back to Council. John McKinney, 626 Kellogg, said he was present representing Les and Norma Campbell, property owners of the land in the northeast quadrant of the Clark/Walnut/Lincoln Way intersection. He said that property would be drastically affected by a “corridor preservation” overlay that required a 19-foot setback, and would be rendered unusable. He said rumors of proposed Lincoln Way widening had already affected the property’s marketability. He said his clients support the Lincoln Way Association’s recommendation of extending Grand Avenue from Lincoln Way to South 3rd/South 4th Street with no intersection improvements at the Duff Avenue/Lincoln Way and Clark Avenue/Walnut Avenue/Lincoln Way intersections. He said a 4 19-ft. setback requirement would be a “taking” of the property, and if Council adopted an ordinance restricting redevelopment of the property, they would in effect be “taking” the whole property. He said the property owners would be left with no way to sell this land, and no way to redevelop it. He said if the City did decide upon some type of restriction, the property owners should be compensated at that time, rather than leaving the property “dangling” for 15-20 years. He said his clients would oppose any kind of zoning overlay restriction for any of the properties along Lincoln Way, and said redevelopment of those properties should not be prohibited simply because the City “might put a turn lane there someday.” Doris Nelton, 5105 Emerson, said her husband and she owned the Kentucky Fried Chicken restaurant at the northwest corner of the Lincoln Way/Clark/Walnut intersection, and said their business would be directly impacted by Phase 1 and Phase 3 of the Staff’s recommended four- phase plan. She said Phase 1 would multiply the risk people using Gilchrist to go east, and said the Clark/Walnut/ Lincoln Way improvements had already been constructed, and the Lincoln Way/Duff improvements were nearly complete. She said they supported the Lincoln Way Improvement Association’s recommendation for the extension of Grand Avenue to South 3rd/South 4th Street with no intersection improvements at Clark/Walnut/Lincoln Way or at Lincoln Way/Duff. She said that option would solve the most problems at the most reasonable cost. Robert Goodwin, 2812 Northwood Drive, said he was a member of the Lincoln Way Improvement Association. He thanked the Council and City Staff for their cooperation and for allowing the Association to have input on this issue throughout the study process. He said much good dialogue has taken place and the process has been very constructive. He said however, he had concerns that if the proposed overlay zone did result in a setback requirement, nine businesses would be affected. He said the setback would likely be taken from the existing parking areas, leaving the remaining parking insufficient according to City standards. He said the properties would then become nonconforming, and resulting use restrictions would reduce their market value. He said he doubted the property owners would be compensated by the City at that time, but feared the City might come back 15 years later with a lower offer. He said he would prefer that no “corridor preservation” overlay be considered, but if it were, he would hope that the Lincoln Way Improvement Association would be allowed to stay involved in the process. Mac Peterson, 511 l Lincoln Way, thanked the Council for meeting with the Lincoln Way Improvement Association members. He said he felt there was genuine concern among the Council members for the impact this project might have on the businesses, and said he realized it was hard for the City Staff to go against the consultant’s recommendation. He said the businesses had originally been very pleased to learn the widening of Lincoln Way was no longer under consideration, but said if a 19-ft. setback was being considered, it was essentially the same as widening Lincoln Way. He said he supported the extension of Grand Avenue to South 3rd/South 4th with no intersection improvements at Duff/Lincoln Way and at Clark/Walnut/Lincoln Way. He said he appreciated the discussions being held with the DOT regarding the Grand Avenue extension, and felt it would be best for the City to go ahead and get that project funded rather than having to wait six or seven years. He said the Grand Avenue extension might take care of all the problems. Rodney Hibbs, owner of That’s Entertainment at 129 Lincoln Way, said he too supported the extension of Grand Avenue with no intersection improvements on Lincoln Way, and no consideration of a 19-ft. setback that would negatively impact existing businesses. He said the Lincoln Way Improvement Association’s recommendation would save over 13 existing businesses and over 200 jobs. Rick Tollakson, Hubbell Realty, 904 Walnut Street, Des Moines, said he was opposed to raised medians being considered as part of any proposed improvements. He said even within the traffic engineering community, there was great difference of opinion regarding the use of raised medians, and it was important that Staff stress during the negotiations with the DOT that raised medians were not needed on Lincoln Way. He disputed the perception that raised medians are safer because traffic cannot cross them. He said painted medians similar to those used on Duff and Lincoln Way have been discussed for this project, and he hoped that option would be 5 pursued. He said the proposed overlay zone would definitely have a negative impact on the Hubbell Realty property at the corner of Lincoln Way and Grand. He said at this time, and for the next several years until the true effects of a Grand Avenue extension are known, he didn’t know what benefit would be gained from such an overlay zone, other than upsetting several businesses. Ed Sorenson, owner of the Dairy Queen at 1231 Lincoln Way, said the Staff Report made it seem like Lincoln Way might be widened after all, if the 19 ft. setback were required. He said an overlay zone would be like putting a moratorium on the small businesses along Lincoln Way, and that was very frightening to many people. Motion by Campbell, Second by Tedesco, to adopt RESOLUTION NO. 97-587 approving the Staff’s recommendation for a four-phase plan for U.S. Hwy. #69 that includes projects in the following sequence: constructing intersection improvements at Lincoln Way and Grand, as well as a joint entry drive to DOT and Lincoln Center; extending Grand Avenue from Lincoln Way to South 3rd/South 4th Street; and making intersection improvements at Lincoln Way/Clark/Walnut and Lincoln Way/Duff intersections, based on a phased approach where projects would only be constructed if the traffic volumes, delays, and other associated conditions justify the improvement, and contingent upon reaching an acceptable agreement with the Iowa DOT on five major issues listed in the staff report as well as concurrence by the Federal Highway Administration, and also directing Staff to investigate options for implementing corridor protection techniques (such as an overlay to minimize the future effects on the businesses adjacent to the intersection improvements.) Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. FINAL PLAT FOR DARUL ARGUM SUBDIVISION: Motion by Wirth, Second by Campbell, to adopt RESOLUTION NO. 97-588 approving Final Plat for Darul Argum Subdivision. Dave Manning, 820 Liberty Bldg., Des Moines, said approval of this final plat was consistent with the State Code provisions, the City ordinances, and with the Conceptual Development Plan for this property, as previously approved by the City Council. Robert Goodwin, 311 W. Lincoln Way, noted the Council had received a copy of his letter dated November 12, 1997 stating that the property at 1212 Iowa was a part of a lot, not a “lot,” and said there was no authority under State law for the Council to subdivide anything less than a “lot.” He noted the Council had also received a response dated November 13, 1997 from City Attorney John Klaus which disagreed with Mr. Goodwin’s argument, stating it was not applicable to a voluntary application for a “plat of subdivision.” He said he truly believed the definitions in State law require the subdivision of a whole lot, not part of a lot. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REPORT ON AUTOMATED HORN SYSTEMS FOR TRAIN WHISTLES: Public Works Director Paul Wiegand reviewed the Staff Report, noting the Council had previously directed Staff to research the concept of directionalized automatic horns at railroad crossings. He said the communities of Parsons, Kansas and Gering, Nebraska have directional horn systems in place, and have generally found them to be more effective than the horns on the trains themselves. He said the cost of the facilities is roughly $30,000 per crossing location, so it would cost approximately $200,000 to do all seven at-grade crossings in Ames. He said the Union Pacific Railroad is supportive of Ames trying out these devices, and while the Federal Railroad Administration (FRA) has not sanctioned them as a safety device, they are not unwilling to let other communities try the directionalized systems. He said the Iowa Department of Transportation has a grant program for this type of installation, which provides 90% State funding with a 10% local match requirement. He said the next grant submittal time is August 6 1998, with a grant award of October 1999, and therefore the earliest construction under the grant program would be in 2000. He said Staff has also learned there is a possibility the FRA could rule that the curbs Ames has installed at the Clark Avenue and Kellogg Avenue crossings are extra safety measures that might eliminate the need for the railroad blowing train whistles. He said however, the FRA has not ruled on that issue. Coun. Quirmbach left the meeting at 8:45 p.m. Public Works Director Wiegand noted the Council had also asked Staff to check regarding the speed requirements for trains, and said the City does not have a speed requirement. He said the UP has a 40 mph limit for trains travelling the Hazel to Duff area , but no speed requirements for trains travelling through the rest of the community. The Council asked that this information be communicated to the Union Pacific employees. Motion by Parks, Second by Tedesco, to direct Staff to be prepared to proceed with the grant approval process for the at-grade crossings other than those at Hazel Avenue, Scholl Road, and North Dakota Avenue, which the Council intends to address during the upcoming budget process. Vote on Motion: 5-0. Motion declared carried unanimously. AIRPORT MASTER PLAN: Public Works Operations Administrator Steve Salvo introduced Jerry Searle from McClure Engineering, the airport planning consultants, who presented an overview of the Airport Master Plan. Coun. Hoffman left the meeting at 9:02 p.m. Motion by Tedesco, Second by Parks, to adopt RESOLUTION NO. 97-589 approving Airport Master Plan. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Coun. Hoffman returned at 9:05 p.m. REVISED AIRPORT OPERATING STANDARDS: Public Works Operations Administrator Steve Salvo reviewed the Staff Report, noting the Council had previously authorized the services of Aviation Resources Group to draft a technical policy for operating standards that address all types of fueling issues at the airport. He reviewed the process followed for the development of the Standards, noting the fixed base operators and airport users were given opportunity to provide input. He said the resulting document has been reviewed and approved by the FAA. Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 97-590 adopting revised Airport Operating Standards for the purpose of including more specific rules for commercial operators and to state the rules of self-fueling. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REPORT ON STREET LIGHT WATTAGE: Electrical Engineer Jacob Chacko reviewed the document entitled “Lower Wattage Lamps - Hubbell Skycaps” as distributed to the Council. He said since June 1996, 578 Hubbell Skycaps have been installed at a cost of $23,000. He reviewed requests received concerning the skycaps, noting one of the biggest concerns has been to reduce the amount of light produced in individual yards. He said in some instances, adding a screen to the house side of the light fixture has resolved the problem. He reviewed the cost of reducing the wattage of the lamps, saying at approximately $104 per lamp, it would cost approximately $52,900 to do the entire system. He said the cost was so high because when the bulb is changed to a lower wattage, the ballast that controls the bulb also needs to be replaced. PLANNED-COMMERCIAL PLAN FOR 615 24TH STREET: Motion by Parks, Second by Hoffman, to adopt RESOLUTION NO. 97-591 approving Planned-Commercial Plan for property located at 615 24th Street (Carr Hardware), with stipulations. 7 Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. DATES FOR MEETINGS ON REVIEW OF INTERIM ZONING AND SUBDIVISION REGULATIONS: Planning and Housing Director Brian O’Connell reviewed the plan for a series of meetings for presentation of the interim zoning and subdivision regulations, noting Staff had originally contemplated 3 or 4 separate meetings, each targeted to the various groups that worked with the City early on during the Land Use Policy Plan revision process. He said several Council members had since suggested a preference for open meetings that anyone could attend, with target groups being notified of the meeting dates. There appeared to be consensus that three meetings giving the same information would be adequate. Motion by Tedesco, Second by Parks, to set 7:00 p.m. on December 11, December 15, and December 18 as dates of meetings on interim zoning and subdivision regulations. Vote on Motion: 5-0. Motion declared carried unanimously. ORDINANCE DESIGNATING PARKING PROHIBITIONS ON FRONTAGE ROADS: Motion by Wirth, Second by Hoffman, to pass on first reading an ordinance designating parking along all paved frontage roads with the exception of the West Lincoln Way Frontage Road from Hickory Drive to McDonald Drive, where parking shall be prohibited along the south side, and on the north side from McDonald Drive west 70 feet. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE REZONING PROPERTY NORTH OF LINCOLN WAY BETWEEN NORTH OAK AND NORTH MAPLE AND BETWEEN NORTH MAPLE AND NORTH RUSSELL: Motion by Campbell, Second by Wirth, to pass on second reading an ordinance rezoning property from R-4 (High-Density Residential) to R-2 (Low-Density Residential) and from R-3 (Medium-Density Residential) to R-2 (Low-Density Residential). Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Wirth, Second by Hoffman, to suspend the rules regarding adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Wirth, Second by Hoffman, to pass on second and third reading and adopt ORDINANCE NO. 3470 rezoning property from R-4 (High-Density Residential) to R-2 (Low-Density Residential) and from R-3 (Medium-Density Residential) to R-2 (Low- Density Residential). Roll Call Vote: 5-0. Ordinance declared adopted unanimously, and hereby made a portion of these minutes. ORDINANCE ESTABLISHING ECONOMIC DEVELOPMENT AREA AND URBAN RENEWAL PLAN FOR DISTRICT #4: Motion by Wirth, Second by Tedesco, to pass on third reading and adopt ORDINANCE NO. 3469 amending the Municipal Code to establish a second Tax Increment Financing District. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS AND FUTURE AGENDA ITEMS: Coun. Campbell asked the status of the cleanup efforts from the recent snowfall, and City Manager Schainker said road crews were still working in various areas of the City. Motion by Parks, Second by Wirth, to refer to Staff letter dated November 2, 1997 from Ames Humane League regarding number of animals that can be kept on a property within the City limits. Vote on Motion: 5-0. Motion declared carried unanimously. Coun. Parks noted he had received a letter from GW Anderson regarding snow removal, and after calling the citizen, he had given the letter to Staff for their response as well. 8 Motion by Hoffman, Second by Wirth, to refer to Staff request for restoring diagonal walkway at Kellogg and Main, with report back to Council on a future agenda. Vote on Motion: 5-0. Motion declared carried unanimously. Coun. Tedesco noted the Council had received Mayor Curtis’ memo of November 5, 1997 informing them a luncheon meeting with area legislators had been scheduled for December 19 at 12 noon. Coun. Tedesco noted the Council had received a copy of the October 1997 Police Special Operations Unit Report, which showed two of the three establishments listed, Tazzles and The Dean’s List, had a number of underage on premises violations. He said he would hope that with current discussions regarding ways to reduce alcohol consumption on campus and during the VEISHEA weekend, establishments would take extra efforts to adhere to State laws. ADJOURNMENT: The Regular meeting adjourned at 9:20 p.m. Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor