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HomeMy WebLinkAbout~Master - Meeting of the Conference Board and of the Regular Meeting of the Ames City Council 01/24/1995MINUTES OF THE MEETING OF THE CONFERENCE BOARD AND OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA JANUARY 24, 1995 The Ames City Council met with the Ames School Board and the Story County Board of Supervisors as the Conference Board at 6:30 p.m., followed by a regular City Council meeting on the 24th day of January, 1995, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law with Mayor Larry Curtis presiding and the following members present: City Council: Brown, Campbell, Parks, Tedesco, and Wirth; Ames School Board: Jons, McGinness, Shapiro, and Summers; Story County Board of Supervisors: Halliburton, Larson, and Mathison. Coun. Hoffman arrived late. APPROVAL OF MINUTES: Motion by Campbell, Second by Halliburton, to approve the minutes of the February 22, 1994 Conference Board Meeting. Vote on Motion: 3-0. Motion declared carried unanimously. CITY ASSESSOR'S BUDGET PROPOSALS: Richard Horn, Ames City Assessor, noted Conference Board members had received the document entitled "1995 Report to Conference Board from the Ames City Assessor." Coun. Hoffman arrived at 6:35 p.m. Mr. Horn said Ames has experienced another large year of growth in both Residential and Commercial properties, but the tax rollback has increased leaving less of a value taxable. He noted the Report summarized the exemptions and a general breakdown of increment values for Tax Increment Financing (TIF) districts. Mr. Horn said on a 1994 valuation, total incremental TIF values were approximately $4.7 million, with no rollback as it was all Commercial and Industrial property. He said the Ames Industrial Park valuation was $1,407,978, and the remaining $3,273,619 of the TIF value is allocated to several Des Moines Area Community College (DMACC) job training projects. There was discussion regarding how TIFs differ from industrial abatements, and lengthen the payback time of the amount being apportioned back to the different levying bodies. Coun. Hoffman asked whether an unlimited number of TIF applications could be made, and Mr. Horn said that was his understanding, although there was pending legislation regarding that issue. Supervisor Halliburton suggested information on ending dates of specific TIF districts would be helpful. Coun. Campbell said perhaps a joint meeting between the Council and the DMACC Board could be arranged to make certain all ramifications of the DMACC TIF district were understood. Coun. Parks asked questions regarding the amount of urban revitalization abatements on Residential properties, and Mr. Horn said a substantial amount of Residential property qualifies for urban revitalization, but the program has never really caught on. There was discussion regarding the development of an evaluation instrument for the Assessor's position. Motion by McGinness, Second by Campbell, to amend the Assessor's recommendations to provide for a 3% salary increase with a 2% merit increase for employees of the Assessor's office, and for a 3% increase for the City Assessor's position with a 2% merit increase contingent upon the Assessor providing an evaluation tool for that position. Coun. Campbell said last year the MiniBoard had discussed the difficulty of not having an evaluation tool for the Assessor's position, and had indicated this year they wished him to devise an instrument to be shared with Conference Board members. She said that was standard procedure for other Staff members. Coun. Parks asked what index was used for the 3% increase, and Coun. Campbell said the MiniBoard's rationale was to make the increase parallel to that of City departments. Coun. Tedesco asked the status of the video to help citizens with the appeal process. Mr. Horn asked for direction from the Board regarding funding of that project. Coun. Tedesco said he felt it should be an educational program coordinated with the City's Public Relations Officer. There was discussion that the 2% merit pay should be regarded as a maximum ceiling "perfection level," rather than anticipating it would all be spent. Coun. Hoffman noted the merit increase for City employees was spread over a much larger group of employees. She said she would not necessarily anticipate that the merit increase would all be spent for City employees or for Assessor's Office employees. Coun. Parks agreed. Vote on Motion to Amend: 3-0. Motion to Amend declared carried unanimously. Supervisor Larson distributed a copy of the GIS portion of the Special Appraiser's Fund. Vote on Motion to approve recommendations of the Assessor's Report as amended: 3-0. Motion declared carried unanimously. Motion by Campbell, Second by Shapiro, to received proposed budget (Adoption of budget will occur after the hearing on the proposed budget is held.) Vote on Motion: 3-0. Motion declared carried unanimously. Motion by Halliburton, Second by Tedesco, to set 6:30 p.m. on Tuesday, February 28, 1995 as time and date for hearing on the proposed Assessor's budget. Vote on Motion: 3-0. Motion declared carried unanimously. REAPPOINTMENT TO BOARD OF REVIEW: Motion by Larson, Second by Hoffman, to adopt RESOLUTION NO. 951-CB approving reappointment of Jordan Larson to Board of Review. Vote on Motion: 3-0. Resolution declared adopted unanimously, signed by the Chair, and hereby made a portion of these minutes. ADJOURNMENT: Motion by Hoffman, Second by Larson, to adjourn. The Conference Board Meeting adjourned at 6:55 p.m. REGULAR MEETING AMES CITY COUNCIL PROCLAMATION FOR RANDOM ACTS OF KINDNESS WEEK: Mayor Curtis read a proclamation designating the week of February 12, 1995 as Random Acts of Kindness Week, and February 17, 1995 as Random Acts of Kindness Day within the City of Ames, Iowa. Sherry Jafari was present to accept the proclamation. She said much attention in the media is given to random acts of violence that occur in our society, but the object of the designated week is to focus people's awareness on the random acts of kindness people do for each other day to day. Mayor Curtis noted the proclamation designating February 14, 1995 as Founding Day for the League of Women Voters would be postponed until the February 14 meeting. PRESENTATION OF AMES CONVENTION AND VISITORS BUREAU 1994 ANNUAL REPORT: Rich Harter, Executive Director, Ames Convention and Visitors Bureau, distributed copies of the Bureau's 1994 Annual Report, as well as the 1995 Visitor's Guide. He noted the hospitality industry for the 3rd quarter of 1994 was running at approximately 68% occupancy, with an economic impact of overnight visitors for 1993 of $139,374,000. He invited the Council to attend the Bureau's annual meeting to be held at the Broiler on January 26, 1995. Coun. Tedesco complimented Mr. Harter on doing a fine job, and Mayor Curtis agreed, thanking all the Bureau members for their hard work and dedication. PROPOSED 1995-2000 CAPITAL IMPROVEMENT PLAN: Mayor Curtis invited the public to provide input on the proposed CIP. Merlin Pfannkuch, 1424 Kellogg, expressed concern Ames could not support growth and development at its current pace without an increase in tax base that citizens would not support. He reviewed figures from CIPs for the past three years. He said the City was approaching its bonding capacity limit, and the figures had more than tripled from 2 years ago. Coun. Brown said the property tax freeze had to be regarded as a property tax shift, and during that time, many things the City needed to do had to be accomplished through bond issues. Coun. Parks said many CIP projects were paid from revenue sources such as funds and grant programs. He said some of the projects were a function of growth; others were funded mandates and some were non-funded mandates. He said the CIP was how to accommodate what's happening to the City, in growth, mandate factors, and revenue shifts such as shifts in Road Use Tax monies. Sam Pritchard, 912 Kellogg, suggested that next year, the CIP be more cheaply-produced and sold to citizens at a modest cost. He said he was concerned that there was much discussion about growth, but not of quality growth. He said he questioned what percentage of this CIP is for new development, and of that percentage, what is paid for by the developers. He said comparison costs with what other cities incur should be available. He said the benefits of this growth should be distributed in an equitable manner, and said for example, the figures for Community Enhancement have not grown. Harry McMaken, 234 S. Franklin, noted a January 24, 1995 letter from the Ames Youth Sports Complex, Inc. requested improvements to the land leased for the proposed Complex be included in the CIP. He said the group requested costs for utility improvements up to the site and purchase of the Department of Transportation land adjacent to it. Don Erbach, 742 Arizona Avenue, said he represented the Ames/ISU Bicycle Committee, and wished to address funds for bicycle facilities. He said he commended the City for making Ames a Bicycle Friendly Community, and said he appreciated the efforts of those who obtained the State Transportation Program (STP) funding for construction of bicycle facilities. He said however, the normally allocated bikeway enhancement funds should not be diverted to new programs, but should be used to provide additional and much-needed bikepaths and to move more quickly toward completion of a bicycle path network for the entire City. He noted the Council had received a letter from the Ames/ISU Bicycle Committee Chair, outlining their position. Dennis Jones, 1500 Truman Drive, said he represented The Friends of Central Iowa Biking, and noted the Council had received a letter from their group regarding capital improvements for bikeways. He urged the Council to make use of the STP funds to enhance and further improve bikeways. He also requested a more comprehensive plan for parks and recreation needs. Robert Hislope, 1121 N. Hyland Avenue, spoke in opposition to the proposed widening of North Hyland Avenue. He said the quality of life on North Hyland could not be measured by statistics. He said much wildlife was already being killed by the traffic on Hyland, and the proposed project would only increase those numbers. He said the nature preserve on Hyland was a valuable asset to the City, and aesthetics could not be quantified. He said he hoped progress in the area would not be interpreted in terms of development and expansion, but in terms of neighborhood autonomy, protection of wildlife, and preservation of a beautiful residential area. Margaret Meek, 1115 Hyland, agreed with Mr. Hislope's comments. She said in addition, it would be very difficult to back out of her driveway across 3 lanes of traffic. She said she was opposed to the widening project, and would rather see the street repaired. Carl Mize, 3425 Ross Road, said he represented himself and the Unitarian Fellowship. He said the data showed no increase in traffic or in accidents on N. Hyland. He said the road needed to be repaired, but not widened. He said if necessary, perhaps it could be widened at the intersections at Pammel and at Ross. He referred to a diagram showing a bikepath through Pammel Woods, and said perhaps ISU would be amenable to that option. He said over half the parking for the Unitarian Fellowship would be eliminated by the widening. Karen Van Deusen, 2805 Ontario, President of the Unitarian Universal Fellowship, said they were requesting their parking not be removed by the proposed widening project. She said they were an important asset to the neighborhood and a strong presence in the community. She said she thought the building permit issued to the Fellowship a few years ago contained an implied acceptance of their parking on the street. She said they didn't see a reason for the widening, and would like to work with the City to find a compromise that suits the needs of all involved. Coun. Hoffman noted the Council had received a letter from Ms. Van Deusen that referred to paving another parking lot, and asked if that would create any additional spaces. Ms. Van Deusen said as she understood the City's zoning ordinance, they could only park as far as the building extends. She said some spaces would be created as the Fellowship acquired the lots to the north and south. She said they were trying to meet their parking needs. Coun. Brown said she recalled that the City granted special dispensation to the Fellowship at the time the original building permit was issued. Joe Rippetoe, 419 Pearson Avenue, said he was opposed to the removal of parking on Hyland Avenue. He said they met the standards of their day when the building was constructed. He said allowing parking to continue on Hyland did not mean that standards would have to be relaxed for new construction as a matter of equity. Tom Clark, 1319 Carroll, said he was a member of the Unitarian Fellowship and a member of the Friends of Central Iowa Biking. He said he thought the expansion of the Church's south lot might create only an additional 10 parking spaces. He said he hoped the City could find a way to do this improvement for less money, saving parking, and serving the needs of the bicyclists. David Metzler, 1205 Michigan Avenue, said it would be a crime to endanger the big oak trees along Hyland. He said he cycled on Hyland often, and while it was safe, it would be best to have a bike path. He said however, high speed is what really endangers cyclists, and as roads are widened, speed increases. He said he was not a member of the Unitarian Fellowship, but wanted to note that they had been parking there for a number of years. Diane Debinski, 1207 N. Hyland, said as a pedestrian and a cyclist, she felt it very important to maintain the quality of life on Hyland. She reviewed the data used by Staff to justify the widening project, and said it was flawed. She said the chart used to show traffic increasing over time was based on poorly-gathered data, and accident rates have gone down over time. She said Staff claimed the benefits of road construction outweigh the costs. She said if one figured out the cost per accident, it would take 46.6 years to pay off the cost of the road, which was estimated to have a lifetime of 30 years. James Pritchard, 1207 N. Hyland, thanked Staff for coming out to talk to the residents, and said the Traffic Engineer represented the City in a very professional manner. He said Hyland between Sheldon and Ontario was part of the historical Lincoln Highway, and the City should think carefully before modifying a famous tourist highway. He said perhaps the City was over-building, and this was one road that didn't need to be built. He cited major cities with much higher traffic counts, and said Iowa has more roads per capita than any other state. He said he realized the Council faced a dilemma on this issue, and said one option might be to make one bike lane in the street and one on the sidewalks on the other side, without turning lanes. Jeri Prescott, 2810 Ross Road, said she's heard about this project for 15 years. She reviewed the history of the project. She said the residents did not see a problem with congestion, mainly because of the speed of the traffic. She said she was concerned about the prospect of a turning lane at the corner of Hyland and Ross because of the increased traffic. She said she thought many were making the turn at Ross and Hyland because the Ontario/Hyland intersection had only a stop sign. She said she would like to see a traffic light and turn arrow at that intersection, and did not see a need for widening Hyland at this time. Ruth Fink-Winter, 2919 Oakland, said she had not lived in the area long, but enjoyed being able to bicycle or walk to ISU. She said she hasn't observed parking or traffic difficulties on Hyland, but as a member of the Unitarian Church, could see problems if their parking were eliminated. She urged the Council not to widen Hyland, but if they do, to allow the Church members to park there. William Tout, 2915 Forrest Hills Drive, said he currently has no problem with traffic getting onto Hyland from his street. He said the widening project seems to be necessitated by lefthand turn lanes and the adding of bike paths. He said he saw no need for a northbound left-turn lane at Ross Road if the situation at Ontario/Hyland were corrected. He said he respected the City's attempt to accommodate bikes in any kind of road program, but the recent requirements for a 6-foot width in each direction made it impractical to try to retrofit that wide a bikepath in a restricted roadway such as Hyland. He suggested the City consider making traffic lanes a wider than the bare minimum to allow a bike to use the road with cars passing in a practical manner. Richard Hamilton, 1111 N. Hyland, said his wife and he were opposed to the widening of Hyland for many reasons. He reviewed the Hyland/Sheldon Route Evaluation, and said the data was flawed. He said it didn't support the conclusion of an increasing number of accidents as a result of increase in traffic flows. He said there was no valid statistical analysis of trends of vehicle flows. He said the residents haven't experienced congestion. He said it wouldn't be more expensive to widen Hyland at a later date. He said it was a gamble to do the widening now with over $1 million of taxpayers' money. He said rather than take unnecessary risk, it would be better to wait until it was clear the widening of Hyland was necessary. Lori Dawson, 316 11th Street, said she'd been living on the east coast for 15 years, and felt Ames was a wonderful city. She said if roads are built, the cars will come. John Mason, 903 N. Hyland, said the proposed widening project would create a problem with parking on the west side. He said the Neighborhood Association has heard several versions of what might happen during this project, but if 2.5 feet were removed from a 6-foot parking area, little space would be left for parking and snow removal. He said money is not saved when it is spent on something unnecessary. He said he's concerned that Council feels they've fought this issue long enough and it's not worth fighting it anymore. He said the reason it didn't pass before was because it was not needed. He said it is not needed now. Jim Gregory, 216 N. Hazel, said he was concerned about the future of the street as well as the bicycle facilities. He said he was in favor of an on-street bike path. He said he could understand the neighbors' concern that the street not be widened and could support it, but asked that the Council not put an off-street path along North Hyland. Coun. Brown said the Council's previous action of eliminating parking on Hyland was an effort to delay the need for widening and to accommodate the volume of traffic. She said it created a speeding problem, and the speed of the traffic was why congestion was avoided. Public Works Director Paul Wiegand said Staff was not contending that traffic counts were taken on the same day every year, and said trends were looked at instead. He reviewed Staff's contention that throughout the project area, the character of the street changes significantly, and that each segment of the street needs to be looked at separately. He said an analysis of the traffic trends on the segment of Hyland from Ontario to Ross Road showed a doubling of traffic in the past 18 years. He said that represented a nearly 4% annual rate of growth for that area, when a 2% rate of growth is experienced throughout the rest of the community. Mr. Wiegand reviewed how Staff had originally considered proposing a four-lane street for this project, but after meeting with residents and reviewing data, felt a 4-lane street was not needed at this time, although there was a potential that would be needed 10 years from now in the segment of Hyland just north of Sheldon. He said it could be 20 years before the traffic volumes on the rest of Hyland justified a 4-lane facility. Mr. Wiegand reviewed Staff's proposal for a two-lane facility with an on-street bikepath, with individual intersections evaluated as to whether left-turn lanes were necessary. He said the on-street bicycle path was based on a concept proposed by the Bicycle Committee. He said Staff felt this was an opportunity to try that concept, and had received a grant to help fund that project. Mr. Wiegand said there were cost savings in accomplishing as much of the project at one time as possible. He said Staff was proposing the development of a 37-foot roadway, with one lane in each direction and bikelanes on each side, which at some future point could be converted into a 3-lane facility if traffic volumes so require. He said the pavement structure would be there if that future construction were needed. Mr. Wiegand said Staff had no expectation of going into Pammel Woods for any of the construction, and didn't anticipate harming any of those facilities. At Coun. Brown's request, Mr. Wiegand addressed the accident data, which he called inconclusive. He said the fact that there was no real trend of accidents was one of the reasons Staff revised their original 4-lane proposal. Mr. Wiegand said Staff estimated delaying the project would result in an approximate 20% cost increase. Coun. Tedesco noted 1976 was used as a base year in some of the data collection, and asked if the difference in ISU student enrollment figures might impact the amount of traffic in the area. Mr. Wiegand said he didn't have those figures available, and said the changes that came about within the campus, i.e. street closures, might have affected the surrounding streets even more. There was discussion regarding the possibility of ISU closing Bissell to all through traffic except Cy-Ride and service vehicles. Mr. Wiegand noted that meant 6400 vehicles per day would have to use an alternate route. He said Staff estimates 25% of that would be using the Hyland route. He said Staff was anticipating the proposed 2-lane facility with left-turn lanes, but noted it would probably speed up any widening needed in the future. Coun. Wirth asked if a traffic signal at Hyland/Ontario intersection had been considered, and Mr. Wiegand said that signalization was a part of this project. Coun. Hoffman said she drives this street nearly every day, and has no doubt of the need to rebuild it, but said she was not convinced about the widening. She said with all the growth in the western part of the City in the past few years, she has not noticed a big increase in congestion on Hyland. She said she didn't understand why the figures have gone down as the population has increased in west Ames, and said perhaps people are taking other routes. She wondered if there might be cooperation between the City and ISU regarding using the street behind the Design Center to carry a certain amount of traffic. Coun. Tedesco suggested the proposed exchange at Hwy. 30 and South Dakota might funnel some of the traffic out of the area. He said he didn't believe there was any great growth projections for ISU enrollment or employee figures. There was discussion regarding continued deterioration of Hyland as a consequence of delaying the project a year. Mr. Wiegand said the grant monies received to pay for 80% of the construction of the on-street bikepath were specifically for that project in that location. He said any change in the project as applied for would require the money to go back to the Regional Transportation's enhancement fund. Coun. Brown reviewed the history of the parking situation for the Unitarian Church, and said it was not an equity issue. She said the City has required other churches to provide adequate parking lots, but noted they may have more public street parking available. She asked if there was any compromise option for off-street parking in the area. She said it was unfortunate that the granting of a special dispensation has created an expectation. Mayor Curtis said it was his recollection that at each expansion, the City has required the Fellowship to have the Code requirements for parking, and that the only special dispensation occurred when the original structure was built. Coun. Campbell said it had been stated that there was an implied adequacy of parking at the last expansion of the Fellowship. She said at the time of the last expansion, the City would have required additional parking to meet the City's Code requirements. Mayor Curtis said he thought the present condition of Hyland was the reason the growth of traffic is presently not seen. He said the proposed improvements would make the road more attractive and travelled. He said it would be a self-fulfilling prophecy. He said he felt Staff's proposal was a reasonable compromise between having an expansion to four lanes from the present two lanes, and also accommodate the bike traffic which would take place in the area. Coun. Campbell noted that this evening's action was to approve the CIP, not approving plans and specifications for any particular project. She said she was not yet willing to scale back on the CIP, but felt before this project was finalized, the Council could request Staff provide a ballpark cost figure of doing the project in segments, and of delaying the project. Motion by Campbell, Second by Brown, to direct Staff to prepare a ballpark cost comparison of simply repairing two lanes of Hyland now and doing the project as proposed at a later time, using Staff's own assumptions regarding growth rate, versus doing the proposed project now. Vote on Motion: 5-1. The motion was declared carried 5-1. Mayor Curtis asked if the Council wished to request further information from Staff regarding other projects in the proposed CIP. Coun. Tedesco asked if the cost of the frontage road was included in the anticipated cost of the Bloomington Road Paving Project. Mr. Wiegand said he didn't have any cost comparisons of including that road in the project versus eliminating it, but could do so by the time of budget approval. At Coun. Tedesco's request, Mr. Wiegand reviewed the Clark/Walnut/Lincoln Way intersection project and Staff's concern regarding the offset north and south lanes which create unusual left-turn movements at the intersection. He said the accident history at that intersection is well above the state-wide average. He said in addition, Staff anticipates Clark Avenue becoming more heavily travelled with the Depot development and Downtown development. He said it was hoped a good alternate route could be created for the future reconstruction of the Lincoln Way and Duff intersection. There was discussion of the high right-of-way acquisition costs involved in the project. Coun. Tedesco said this was a very aggressive CIP and he felt they did need to look at the effect it will have on the citizens. He said the City is trying to recover from the property tax freeze, and felt they needed to be a little bit cautious and look at necessity versus what projects might be delayed a year or two when anticipated growth might produce increased tax revenues. Coun. Campbell said it was important to look at what was proposed for the next two years. She said in addition, they needed to consider that the grant funds were available now. She said those factors, in conjunction with the development on West Main Street by the Depot, made her believe the project should be done at this time. Coun. Parks said they had to consider how the capital costs blend with the operational costs. He said if capital costs are constantly deferred, a game of "catch-up" must eventually be played to deal with the neglected infrastructure. He said in addition, he felt spending capital in a timely manner forces hard decisions on the operating budget. Mayor Curtis said he felt the misalignment at the intersection is a severe problem. He said he felt the Depot project would create increased traffic and this area should be one of the major entryways into Downtown. Coun. Hoffman noted she had asked Staff for information regarding whether the City has met its $75,000/year commitment for bikepath construction. Mr. Wiegand said in 1992, $57,656 of Local Option Tax monies were spent on bikeways. He said during that year other projects were done, such as the new bikeway from Sheldon to Franklin, done in conjunction with the street rehabilitation project. He said if the increment charged to the street project were added to the Local Option Tax funds spent, over $114,000 were spent on bikeways in 1992. He said the designated project for 1992-93 was Ontario from Hyland to North Dakota, which was spread across two fiscal years. He said the amount in 1992-93 was $49,342, but the project cost $63,700. He said a portion of the money was rolled forward to cover the cost that occurred in 1993-94. There was discussion regarding how much could Staff realistically do in one year from the standpoint of bikepaths. Mr. Wiegand said it would be difficult to add more projects at this time. Coun. Campbell said if the Council were to approve $75,000 funding plus the Transportation Program funding, Staff would have to redirect its efforts away from some other project to complete the additional bikeway projects. There was consensus that the Council would discuss the issue of bikeway projects at the time of budget approval. There was discussion regarding the January 24, 1995 letter from the AYSC, Inc. requesting funds for well rehabilitation and utility relocation. Coun. Campbell noted the less than $40,000 estimated cost did not include the cost of land acquisition from the Department of Transportation, and she felt the land acquisition request should be separate. There was discussion regarding the AYSC, Inc. request that $20,000 per year be budgeted for the three year period from FY 1996-1999 for purchase of the DOT property. Motion by Hoffman, Second by Parks, to amend the proposed CIP to include in FY 1995-96 a not-to-exceed $40,000 cost of rehabilitation of the well at the old WPC site, and extension of all utility lines as necessary to the boundary of the land leased by the AYSC, Inc., and $20,000/year for three years beginning FY 1996-97 for DOT land acquisition, with the source of funding to be Local Option Tax funds. Vote on Motion: 4-2. The motion was declared carried 4-2. Motion by Parks, Second by Tedesco, to table approval of the 1995-2000 Capital Improvement Plan until the Budget Wrap-Up Session to be held February 21, 1995. Vote on Motion: 6-0. The motion was declared carried unanimously. RECESS: Mayor Curtis declared a recess at 9:10 p.m. RECONVENE: The regular meeting reconvened at 9:20 p.m. CONSENT AGENDA: Motion by Campbell, Second by Parks, to approve the following items on the Consent Agenda: Motion to approve payment of claims Motion to approve minutes of the Special Meetings of January 5, 1995 Motion to approve renewal of the following beer and liquor licenses: a. Special Class C Liquor - The Pizza Kitchens, 120 Hayward b. Class A Liquor - American Legion, Post #37, 225 Main Motion to refer request to restructure Ames Humane League to City Attorney for preparation of Resolution Motion to direct City Attorney to prepare ordinance establishing snow route on Emerald Drive RESOLUTION NO. 95-015 approving appointment of Leigh Switzer to fill vacancy on Cable TV Commission RESOLUTION NO. 95-016 approving release of housing rehabilitation mortgages RESOLUTION NO. 95-017 approving award of contracts for construction of MGMC west and north additions and lab remodeling RESOLUTION NO. 95-018 accepting completion of subdivision improvements in Dearborne Estates RESOLUTION NO. 95-019 accepting completion of subdivision improvements in Northridge 12th Addition RESOLUTION NO. 95-020 accepting completion of subdivision improvements in Northridge 10th Addition RESOLUTION NO. 95-021 accepting completion of subdivision improvements in Northridge 11th Addition RESOLUTION NO. 95-022 accepting completion of fire line for 228 - 232 S. Duff Avenue RESOLUTION NO. 95-023 accepting completion of fire line for 728 East Lincoln Way RESOLUTION NO. 95-024 accepting completion of fire line and sanitary sewer at 925 Airport Road RESOLUTION NO. 95-025 accepting completion of fire line at 428 Stonehaven Drive RESOLUTION NO. 95-026 accepting completion of subdivision improvements for Arbor on the Green Subdivision RESOLUTION NO. 95-027 accepting completion of subdivision improvements for Soper's Subdivision RESOLUTION NO. 95-028 accepting completion of subdivision improvements for Country Gables 8th Addition RESOLUTION NO. 95-029 accepting completion of subdivision improvements for Bloomington Heights, Plat 3 RESOLUTION NO. 95-030 accepting completion of subdivision improvements for Bloomington Heights, Plat 4 RESOLUTION NO. 95-031 accepting completion of subdivision improvements in Parkview Heights, 21st Addition RESOLUTION NO. 95-032 accepting completion of alley storm sewer/collector line in 1400 block of Burnett RESOLUTION NO. 95-033 accepting completion of Marston Avenue watermain conversion RESOLUTION NO. 95-034 accepting completion of fire line for 2900 Hoover Avenue RESOLUTION NO. 95-035 accepting completion of fire line for 1400 South Dayton RESOLUTION NO. 95-036 approving change order in amount of $27,334.43 and accepting completion of Bentwood Subdivision Utilities Project RESOLUTION NO. 95-037 approving increase of maximum deposit balance for Story County Bank & Trust RESOLUTION NO. 95-038 approving contract revision to Ames-ISU Transmission agreement for Firm Power and Energy RESOLUTION NO. 95-039 accepting completion of Carr Pool Painting Project in amount of $27,685.00 RESOLUTION NO. 95-040 accepting completion of Painting and Related Work on Coal Handling Structures at Ames Municipal Power Plant in Amount of $62,844.22 RESOLUTION NO. 95-041 accepting completion of 1993 Street Reconstruction Program No. 1 Supplemental Contract Maxwell Avenue Reconstruction from Ninth to Thirteenth RESOLUTION NO. 95-042 accepting completion of 1993 Footing Drain Program South Duff Area Sanitary Sewer Project a. Preliminary RESOLUTION NO. 95-043 b. RESOLUTION NO. 95-044 adopting preliminary plans and schedule of assessment c. RESOLUTION NO. 95-045 adopting Proposed Resolution of Necessity and setting February 28, 1995 as date of public hearing RESOLUTION NO. 95-046 approving change in award of contract for ADA retrofitting of transit buses Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: Matthew Goodman, 128 Campus Avenue, noted he'd distributed a letter to Council regarding VEISHEA Inc. requiring funds from vendors on Welch Avenue during the Taste of VEISHEA Festival. He said he ran a small vending unit on Welch Avenue on an annual basis, and would be there regardless of the festival. He said he should not be required to pay the fee to VEISHEA, Inc. He reviewed the criteria used by the VEISHEA Committee last year, and said he felt it should be changed to provide that any group wishing to vend goods or provide services within the area designated for the Taste of VEISHEA festival that does not consistently do business there may be required to provide a fee of an amount determined by VEISHEA, Inc. Coun. Parks said the operators of businesses on Welch pay significant property taxes, and other annual fees, in addition to owning the property. He said that was different than a vending operation. He said Mr. Goodman received a significant subsidy to operate his business on Welch. He said the motivation behind VEISHEA was to encourage a better, safer atmosphere for people to enjoy. He said during the festival, many businesses may be at some disadvantage from the way they normally operate. Coun. Campbell suggested the City Clerk notify Mr. Goodman when the VEISHEA Committee presents its proposal to Council at an upcoming meeting. Mark Latunski, 304 East Lincoln Way, said the storm water drainage utility fund missed 5,579 residences at Iowa State University. He said ISU was underassessed over $66,000 a year for this utility, whereas he is faced to pay the entire assessment. He said ISU pays $312/year for three square miles of property. He said at least 43 service locations around the City did not pay this fee. He said he was concerned that other major landholders in the City received exemptions from this fee. He said he had reviewed court cases regarding discrimination in utility rates, and said ISU cannot be given a discriminatory rate. He said the fee placed the burden of this utility on the dispossessed, and Council should reconsider the way this utility is set up. Coun. Hoffman asked City Attorney John Klaus to respond, and Mr. Klaus said there were no exemptions from this fee. City Manager Steve Schainker noted the fee was a based on utility meters, and said ISU may have only one meter for a large area. There was discussion that ISU also provides some of its own power. NEW LIQUOR LICENSES: Motion by Hoffman, Second by Wirth, to approve the following new liquor licenses: a. Class C Liquor - Red Lobster #747, 1100 Buckeye Avenue b. Special Class C Liquor - Actors, Inc., 120 Abraham Drive c. Class C Beer - Balloon 'n Party Affair, Inc., 539 Lincoln Way Vote on Motion: 6-0. Motion declared carried unanimously. ENCROACHMENT PERMIT FOR BRENTON BANK: Motion by Tedesco, Second by Hoffman, to approve request for encroachment permit at 414-424 Main, (Brenton Bank). Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST FOR STORY COUNTY MEMBER ON PLANNING POLICY COMMITTEE: Motion by Tedesco, Second by Parks, to approve appointment of Les Beck to the City's Planning Policy Committee. Vote on Motion: 6-0. Motion declared carried unanimously. ORDINANCE REVISING MECHANICAL CODE: Motion by Brown, Second by Wirth, to pass on second reading an ordinance revising the Ames Municipal Code, adopting 1994 Uniform Mechanical Code and its local amendments. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Campbell, Second by Wirth, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Campbell, Second by Hoffman, to pass on third reading and adopt ORDINANCE NO. 3317 revising the Ames Municipal Code, adopting 1994 Uniform Mechanical Code and its local amendments. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ACCEPTANCE OF IOWA DEPARTMENT OF CULTURAL AFFAIRS COMMUNITY GRANT: Motion by Brown, Second by Hoffman, to adopt RESOLUTION NO. 95-047 accepting Iowa Department of Cultural Affairs Community Grant to increase Auditorium Facilitator's position by additional 13 hours/week. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PRESENTATION OF CENTRAL AMES REZONING ALTERNATIVES: Planning and Housing Director Brian O'Connell said Staff sought Council's direction to proceed with drafting a regulation to solve the zoning challenges in the Central Ames area. He reviewed the following four possible procedural approaches that could be investigated, noting the Staff report discussed advantages and disadvantages of each: 1) Modify the current regulations; 2) Create new base regulations; 3) Create new overlay regulations; 4) Pursue a zoning to use (spot zoning) approach. He said Staff believes the more important issue is the substantive approach that is selected, and noted the Staff report discussed the advantages and disadvantages of the following substantive approaches: 1) Use Regulations; 2) Density/Intensity Regulations; 3) Bulk Regulations. There was discussion regarding to what standards rebuilding would occur, if existing multiple- family uses were allowed to remain as permitted uses under a Use Regulated approach and needed to be rebuilt in the future. Mr. O'Connell said the new construction would be built according to the standards at the time of the rebuild. Mr. O'Connell noted Staff believed the bulk regulations should be adjusted in this area, and suggested adjustment may also be needed in the side yard setback standards. Mr. O'Connell noted the Staff report included a summary of comments from proponents and opponents of the rezoning issue. He said Staff had found a number of similarities between the two groups' objectives. Mr. O'Connell reviewed Staff's recommendation that the Council select a base regulation as the procedural approach, and a density/intensity regulation approach from a substantive standpoint. He said a new base (district) regulation would be the easiest method of administering zoning regulations in this area and has the greatest potential of creating clearly understood standards. He said Staff believes regulating density allows the current mix of land use to remain while requiring new development and redevelopment to be much more compatible with the existing predominate landuse pattern. He said regulating density would provide for a more dynamic landuse pattern, as compared to regulating use, which could have a tendency to freeze both the current desired and undesired uses of the land. Mr. O'Connell said regulating from a density standpoint still allows the current mix of residential uses to occur, but allows future multiple-family development to be more in keeping with the predominant scale of building that has developed historically. He said Staff sees this idea as being transferable to other areas of the community as well. Coun. Parks said this was a significant Code revision, and a major change from what the City has traditionally done. He said he felt they should follow through with the Land Use Policy Plan Revision and with the Zoning Code revision. He said what they were considering was a very complex "Band-Aid." Coun. Wirth said it seemed Staff's major concern with the Use Regulations was the potential of creating non-conforming uses. She asked if a date provision statement could not be included regarding multi-family structures. Mr. O'Connell said that would make the multi-family uses that exist prior to the ordinance amendment remain as a permitted use. However, he said, that approach has the tendency to "freeze" the uses of land. There was discussion regarding existing multi-family properties destroyed by 60% or more that would have to be rebuilt under today's standards. Motion by Wirth to direct the City Attorney to prepare an ordinance creating a new base zoning district that regulates use for the Central Ames area. The motion failed for lack of a second. Motion by Campbell, Second by Brown, to direct the City Attorney to prepare an ordinance creating a new base zoning district that regulates density for the Central Ames area. Coun. Campbell said she agreed with Coun. Parks regarding the untimeliness of this request, and said it has diverted much Staff time from the overall look at landuse policy planning. She said however, it was far enough along that she was willing to support developing this plan. Coun. Parks said he felt this would divert significant Staff time from completing the LUPP, and needed review by not only the residents of the neighborhood, but also other neighborhood groups around the City who would be impacted by it, as well as those who develop in that neighborhood or in any neighborhood. He said he didn't feel it was going to have a significant amount of time for public scrutiny, and he would vote against it. Coun. Tedesco said he would like to see the proponents and opponents reach some compromise. Coun. Wirth disagreed and said the Council made a policy decision at its December 13 public hearing on this issue and if they were talking about making a change in that policy, they should have another public hearing. Coun. Campbell said she did not like Staff and Council having been placed in the position of arbiters on this issue, and said this was not a rezoning issue in which a mere compromise was sought in order to please both sides, but that good landuse planning was the major issue. She said for that reason, she could support the Staff's recommendation. David Carter, 709 Douglas, said the Central Ames neighborhood favors the option of creating a new base zoning district that regulates use for the area. He said their original concerns dealt with use, i.e., additional multi-family dwellings. He said they were happy with the existing uses, and have communicated with, and made concessions to, the opposition. He said zoning to use allows regulations to be written to allow existing multi-family. He said zoning to density means redevelopment of existing multi-family has to meet the new density regulations. He said zoning to use would be more easily understood by the community and by Staff. Walter Anderson, 808 Douglas, said making a decision on this issue was the Council's responsibility to those citizens who elected them. He said opposing points of view had their own motives and were different. He said they also needed to consider the numbers involved. He said the number of citizens affected individually who were trying to bring about a stability and continuity to their neighborhood were far greater than the number whose economic interests were at issue. Coun. Hoffman said all of the options were complicated and not as straightforward as she would have wished. She said she would have almost preferred the zoning option considered previously, and Coun. Wirth said that was similar to creating a base zoning district that regulates use. Coun. Wirth expressed concerns that the right density standards for the neighborhood were needed. Motion by Wirth, Second by Hoffman, to amend the main motion to ask Staff to include changing the bulk regulations and side yard setbacks as needed, and allowing only a certain number of multiple-family units per block. Coun. Parks said units per block was not used as a standard in any other neighborhood. Coun. Wirth said that was usage pattern established in the neighborhood. Vote on Motion to amend: 2-4. Motion declared failed 2-4. Roll Call Vote on Main Motion: 3-3. Voting Aye: Brown, Campbell, Tedesco. Voting Nay: Hoffman, Parks, Wirth. Mayor Curtis voted aye to break the tie. The Main Motion was declared carried 4-3. REPORT ON URBAN REVITALIZATION: City Manager Steve Schainker said in response to Council's request, Staff had provided an overview of existing revitalization areas and a brief history of the program, as well as some Iowa Code provisions regarding Urban Revitalization. He noted there had been a request to extend the City's Urban Revitalization district along South Duff. He said that request could not be dealt with until the Council determined whether they wished to alter the existing Urban Revitalization areas. There was a discussion of the Staff time required to consider expansion of the current program and creating another district. There was discussion regarding priorities for the Planning and Housing Department staff. Mayor Curtis noted application for revitalization impact needs to be filed prior to February 1. He said if this were a desirable goal of the Council, the area could be designated between now and February 1, 1996, and the applicant could still apply for the abatement. Coun. Campbell questioned whether this area would be available to the applicant a year from now. She said knowing the Staff's workload and Council-set priorities, she would hesitate directing Staff to do something that may not be utilized. Coun. Parks said he felt it would be beneficial to have the Council revisit the Planning and Housing Staff's priorities at budget time. He said to him, the LUPP was the absolute priority at this time. Coun. Brown agreed. There was discussion of the current LUPP status. Frank Schill, 3104 Diamond Street, said the developer had wanted to know approximately how long it would take for a tax abatement district to be formed. There was discussion that there was not a possibility for him to make application for this year. Motion by Hoffman, Second by Parks, that Staff be directed to provide a very brief report on recommendations regarding how to speed up the process of forming a tax abatement district, i.e., designating an economic development project. Vote on Motion: 6-0. Motion declared carried unanimously. CONCEPTUAL DEVELOPMENT PLAN FOR BESCO SUBDIVISION: Motion by Hoffman, Second by Campbell, to adopt RESOLUTION NO. 95-048 approving CDP for Besco Subdivision, located north of Lincoln Way, east of Grand Avenue. Planning and Housing Director Brian O'Connell described the proposed subdivision, which he said is not ideal, but is an improvement in light of the current development pattern and the existing ownership boundaries. City Manager Steve Schainker said inherent in this request was the City's willingness to participate in the project by funding it through special assessment for the developers. He said the Council needed to decide if it was a meaningful project for the City to participate in in this manner. Coun. Brown said this was a key corner. Coun. Parks agreed and expressed concern about the new street designated on the map as Outlot A. He asked the traffic ramifications for Lincoln Way. Mr. O'Connell said there were currently one or two private driveways that access Lincoln Way that would be eliminated, and substituted by a street intersection. He said Staff had directed the property owners to place this intersection as far east on this subdivision, and instructed them that should the City reconstruct the Grand Avenue/Lincoln Way intersection, the access might become a right-in, right-out only. Coun. Brown said she was not willing to approve this item tonight. She said this was a key entrance to the City and a major access point. She said with the Depot development, the Downtown Redevelopment goals, etc., she could not support it without looking at all the ramifications. Roll Call Vote: Voting Aye: Tedesco. Voting Nay: Brown, Campbell, Hoffman, Parks, Wirth. Resolution declared failed 5-1. CANCELLATION OF AWARD OF CONTRACT FOR VIBRATORY STEEL TROUGH PAN CONVEYOR SYSTEM: Motion by Campbell, Second by Hoffman, to adopt RESOLUTION NO. 95-059 cancelling award of contract made on November 22, 1994, to Carrier Vibrating Equipment, Inc., waiving formal bidding requirements, and approving contract in amount of $29,695 (plus applicable freight charges) with mutually agreeable terms. Coun. Tedesco asked if it were possible other bids were not received due to the unlimited liability requirement. Public Works Director Paul Wiegand said indications from other vendors who did not bid were that their machinery did not meet the dimensional requirements of the specifications. Coun. Tedesco said in his opinion, "unlimited" liability was not a reasonable request. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. AUTHORIZATION OF CONTRACT FOR INFILTRATION AND INFLOW STUDY: Motion by Campbell, Second by Hoffman, to adopt RESOLUTION NO. 95-050 authorizing Staff to negotiate contract for Infiltration and Inflow Study. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Coun. Wirth asked Staff to provide information regarding ISU's payment of the Storm Water Utility fee. Coun. Parks said it would be helpful if Staff could also address some of the other issues Mr. Latunski raised. He said he felt there was misunderstanding that the fund was being used for projects, as well. City Attorney John Klaus said the statute was very simple and did not address what the revenues are to be used for or how the fee is to be set. Public Works Director Paul Wiegand said ISU Central Campus is not a part of the utility charges, and the rate structure did not include them, because the City does not maintain the storm sewers on Central Campus. He said all of ISU's outlying facilities that have electric or water meters are billed the storm water fee. Mayor Curtis noted Council had received a memo from Public Relations Officer Pam Reinig regarding a visit from the FEMA Director on January 25, 1995. Mayor Curtis noted there was a special meeting scheduled for Tuesday, January 31, 1995 at 5 p.m. for a Rural Water Workshop. Coun. Brown said as a property owner on South Duff, she was distressed about the median between Applebee's and Country Kitchen. She said she wanted the Council to know she had asked Staff to sketch out a proposal of redoing that median in a low maintenance fashion. She said she would take it to her colleagues to drum up some cooperation for redoing the median. Coun. Hoffman said there had been a request that the Bicycle Committee meetings be televised. ADJOURNMENT: The meeting adjourned at 11:00 p.m. Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor