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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 09/12/1995OFFICIAL MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA SEPTEMBER 12, 1995 The Ames City Council met in regular session at 7:00 p.m. on the 12th day of September, 1995, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law with Mayor Pro Tem John Parks presiding and the following Council Members present: Brown, Campbell, Hoffman, Parks, Tedesco, and Wirth. Mayor Curtis was absent. PROCLAMATION FOR CONSTITUTION WEEK: Mayor Pro Tem Parks read a proclamation designating the week of September 17-23, 1995 as Constitution Week within the City of Ames. T.J. Gfeller was present to accept the proclamation on behalf of the SunDial Chapter of the Daughters of the American Revolution. PROCLAMATION FOR CENSUS DAY: Mayor Pro Tem Parks read a proclamation designating September 27, 1995 as Census Day within the City of Ames. Assistant City Manager Bob Kindred was present to accept the proclamation on behalf of the City of Ames. CONSENT AGENDA: Motion by Hoffman, Second by Brown, to approve the following items on the Consent Agenda: Motion to approve payment of claims Motion to approve Official Minutes of the Special Meeting of August 31, Official Minutes and Clerk's Notes of the Special Meeting of August 15, and Official Minutes and Clerk's Notes of the Regular Meeting of August 22, 1995 Motion to approve renewal of the following beer and liquor licenses: a. Class C Beer - Holiday Station Store #47, 326 Lincoln Way b. Class C Liquor - The Mandarin, 415 Lincoln Way c. Class C Liquor - The Corner Pocket, 125 Main Street d. Class E Beer - QuikTrip #546, 4506 Lincoln Way Motion to approve certification of Civil Service applicants Motion to refer to Staff request from Iowa Department of Transportation regarding request to access existing sanitary sewer line on S.E. 16th Street Motion to set November 14 and 21 and December 5 and 19, 1995 as regular City Council meeting dates RESOLUTION NO. 95-381 approving appointment of Arnie Gaarde to Ames/ISU Bicycle Committee RESOLUTION NO. 95-382 approving appointments of John Parks as Voting Delegate and Ted Tedesco as Alternate Voting Delegate for National League of Cities Annual Congress of Cities RESOLUTION NO. 95-383 approving preliminary plans and specifications for infrastructure cabling for Information Services; setting October 12, 1995 as bid due date and October 24, 1995 as date of hearing and award of contract RESOLUTION NO. 95-384 approving preliminary plans and specifications for Resource Recovery Plant Roof Replacement; setting September 21, 1995 as bid due date and September 26, 1995 as date of hearing and award of contract RESOLUTION NO. 95-385 accepting bids and awarding contract to BJ Decorating, Inc. of Des Moines in amount of $25,552.00 for Painting and Related Work for the Resource Recovery Plant RESOLUTION NO. 95-386 accepting bids and awarding contract to Independent Salt Company of Kanopolis, Kansas in amount of $24.75/ton for total estimated cost of $37,125.00 for Rock Salt for 1995-96 Snow and Ice Control RESOLUTION NO. 95-387 accepting bids and awarding contracts for Chemicals for the Power Plant RESOLUTION NO. 95-388 approving contract and bond in amount of $230,241.15 for 1995 Paving Program No. 1, Southeast 16th Street RESOLUTION NO. 95-389 approving contract and bond in amount of $23,556.20 for 1995 Sanitary Sewer and Water Program, Division III, S.E. 16th Street RESOLUTION NO. 95-390 approving contract with Governor's Traffic Safety Bureau for grant monies to fund police bicycle patrol and patrol to deter underage individuals from purchasing alcohol RESOLUTION NO. 95-391 approving change order for fire ladder truck refurbishing contract RESOLUTION NO. 95-392 accepting completion of subdivision improvements in Aspen Business Park Subdivision, Phase 1 RESOLUTION NO. 95-393 approving final acceptance of 1994/95 Seal Coat Reconstruction Program RESOLUTION NO. 95-394 approving final acceptance of 1995 Slurry Seal Program RESOLUTION NO. 95-395 authorizing Mayor to execute license with Union Pacific Railroad to install sanitary sewer and storm sewer across railroad right of way at Bloomington Road RESOLUTION NO. 95-396 granting siting approval for Ames/Story Environmental Landfill Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: Cathy Ellenberger, 1013 Maxwell, said there is currently alternate parking on alternate days from 8:00 a.m. to 5:00 p.m. on East 11th Street to Maxwell. She said cars are parking right up to the curb on the corner of 11th and Duff, restricting vision for drivers of cars trying to turn from Duff onto 11th. She said it was creating a hazardous situation. She asked if parking could be allowed on only one side of the street. NEW SPECIAL CLASS C LIQUOR LICENSE FOR THE FIRST EDITION: Motion by Tedesco, Second by Brown, to approve new Special Class C Liquor License for the First Edition, 330 Main Street. Vote on Motion: 6-0. Motion declared carried unanimously. NEW CLASS E BEER PERMIT FOR DRUGTOWN NO. 2: Motion by Tedesco, Second by Brown, to approve new Class E Beer permit for Drugtown No. 2, 500 Main Street. Vote on Motion: 6-0. Motion declared carried unanimously. NEW SPECIAL CLASS C LIQUOR LICENSE FOR FISHER THEATER: Motion by Tedesco, Second by Brown, to approve new Special Class C Liquor License for Iowa State Center, Fisher Theater. Vote on Motion: 6-0. Motion declared carried unanimously. NEW CLASS C LIQUOR LICENSE FOR SCHEMAN BUILDING: Motion by Tedesco, Second by Brown, to approve new Class C Liquor License for Iowa State Center, Scheman Building. Vote on Motion: 6-0. Motion declared carried unanimously. NEW CLASS C LIQUOR LICENSE FOR C.Y. STEPHENS: Motion by Tedesco, Second by Brown, to approve new Class C Liquor License for Iowa State Center, C.Y. Stephens Auditorium. Vote on Motion: 6-0. Motion declared carried unanimously. ADA COMPLAINT REGARDING LEAF BURNING ORDINANCE: Motion by Tedesco, Second by Brown, to refer to City Attorney Americans with Disabilities Act complaint regarding leaf burning ordinance. Vote on Motion: 6-0. Motion declared carried unanimously. ENCROACHMENT PERMIT FOR LUCULLAN'S: Motion by Hoffman, Second by Brown, to approve request for encroachment permit for sign at 400 Main (Lucullan's). Vote on Motion: 6-0. Motion declared carried unanimously. FIRE PREVENTION PARADE: Motion by Wirth, Second by Tedesco, to adopt RESOLUTION NO. 95-397 approving closure of Main Street for Fire Prevention Parade, October 14, 1995. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. AMES HIGH SCHOOL HOMECOMING PARADE: Motion by Hoffman, Second by Tedesco, to adopt RESOLUTION NO. 95-398 approving closure of portions of Main Street and 6th Street for Ames High School Homecoming Parade on September 25, 1995. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. LAND USE POLICY PLAN GOALS, OBJECTIVES, AND POLICIES (TECHNICAL MEMO #6): Kathy Fromm, RR 1, said most of the meetings on this issue had been held during the summer, when she was unable to attend. She said the $100,000 cost for the consultant could have been better spent, as skilled local citizens could have performed the work. She said she didn't believe one could plan for a City for 40 years, as cities were changing entities. She said the lifeblood of a city is its people and the vitality of those who live there, rather than streets and buildings. She said the actual growth of a city cannot be that regimented. She said she didn't see that the proposed Plan cared very much for the environment. Leonard Goldman, 2030 Greeley, said he appreciated Coun. Parks' previous questions regarding a definition of "affordable housing." He said while developers generally find Staff helpful, their needs are not met whenever a particular policy affects their "bottom lines." He said there was currently no policy indicating that should be Staff's concern. He said the proposed policy on housing should be extended to include housing at all levels of affordability. He said in addition, the following policy should be included in the Plan: "It shall be the policy of the City of Ames to make every reasonable attempt to reduce or eliminate any adverse economic impact of a development policy, goal, or objective on the developer of land and real property, and to ensure that consumer costs for Residential, Commercial, or Industrial properties are not inflated due to the City's policies, goals, or objectives." He said it was idealistic to ask developers and neighborhoods to reach a consensus on zoning issues before such issues are brought to the Council. He said a process for amending the policies in the future should be included. Herman Quirmbach, 1002 Jarrett Circle, asked if there was any proposed linkage between the proposed northern highway and the potential westside access to U.S. 30 at South Dakota. He said the latter was an attractive idea and less controversial than the proposed northern arterial. He said if no linkage were intended between the two areas, it should be specifically stated in the document. Dick Roseland, 315 Hickory Drive, said he represented the taskforce for the Ames Economic Development Commission and the Ames Chamber of Commerce. He said the taskforce had positive discussions on growth that was meaningful for the quality of life within the Ames community. He distributed a memorandum and reviewed the suggestions it contained as follows: 1) The City should provide for updating the growth projections on a periodic basis; and 2) The City should proactively annex land to accommodate growth. He said the taskforce wished to delay endorsement of the Development Policies due to ambiguities in the areas of Parkland Dedication and Affordable Housing. He said the latter included many socio-economic factors as well as land use factors. He questioned whether the impact of a "boom-bust" cycle of growth had been considered. Sherry Dragula, 2121 Burnett, said she urged Council not to accept Tech Memo No. 6, and didn't think Ames could afford the economic, social, and environmental costs and consequences of the type of growth it projected. She said too many acres of land would be sought for development. She said only the southern growth area with its existing infrastructure should be targeted, and to have two priority growth areas was inefficient. She said the City needs to look at Agricultural land use as important land use, noting it was the primary land use in the 2-mile fringe area outside the City limits. She said she disagreed with a previously-made statement regarding the value of land being added through its zoning. She said land has intrinsic value. She said there was a conflict between the proposed northern growth area and the proposed environmental objectives, particularly the goal of reducing energy consumption through land use practices that minimize vehicular trips. She said in addition, the northern growth area would conflict with the bio-diversity objective as the northwestern segment of Ames contains high-quality natural areas. Wayne Moore, 1627 Amherst, said he felt the proposed Plan might be too big and cumbersome, and because it had land use as less of a priority than development goals and objectives, the result was divisive. He said it might be better to break the Plan into smaller pieces and prepare a set of documents to guide the City. Brian Larson, 2014 North Dakota, said he agreed with Sherry Dragula's comments. He said there was much in Tech Memo No. 6 that he questioned, particularly the northern growth area and how growth was projected. He said he hoped that much growth did not occur. He said people like the present size of the community and the quality of life that it offers. Don Heuss, 2137 Prairie View East, said he represented the Ames Chamber of Commerce. He said the Land Use Policy Plan will affect the long-term economic vitality of the community. He described how a taskforce had been established to assist the Chamber in reviewing the proposed goals, objectives, and policies. He said they endorse Council acceptance of the goals and objectives, but wish to delay endorsement of the development policies at this time, citing ambiguities in areas of parkland dedication, definition of housing, community connectivity, annexation, and recognition of the impact of market forces on growth areas. He said more clarification and citizen input are needed in those areas. Kathy Fromm, RR 1, said the current society was in massive debt with a declining per capita income. She questioned who would use the proposed major arterials, and said the population would have to use mass transit. She said proposing a 4-lane arterial through wooded areas conflicted with protecting the environment. Sherry Dragula, 2121 Burnett, said she didn't understand how the proposed 1700-2050 additional acreage figure was derived, and said it didn't correspond to the proposed population increase. She said she calculated 981 additional acres of Residential land would be required. Motion by Tedesco, Second by Hoffman, to amend Technical Memorandum No. 6 by removing the word "highway" and inserting the word "arterial." Vote on Motion to Amend: 6-0. Motion to Amend declared carried unanimously. Motion by Tedesco, Second by Campbell, to amend Technical Memorandum No. 6 by removing the word "dedication" under the Parks and Public Lands section until the Council has addressed that issue. Vote on Motion to Amend: 6-0. Motion to Amend declared carried unanimously. Motion by Wirth, Second by Tedesco, to amend Goal No. 6 within Technical Memorandum No. 6 as follows: "It is the goal of Ames to encourage a mix of housing types and costs, including rental and owner-occupied and low and moderate cost housing. Objectives. In increasing housing opportunities in general and low and moderate cost housing specifically, Ames seeks the following objectives: 6A. Ames seeks to maintain and increase the overall supply of low and moderate cost housing units to counter the loss of existing such units that are removed by other development. 6B. Ames seeks the inclusion and integration of low and moderate cost housing units with more market driven new housing development. 6C. Ames seeks to remove the constraints to current housing supply by encouraging more conservation opportunities." and to amend Item C of the Development Policies for Increasing Housing Opportunities as follows: "The City shall encourage, when possible, the maintaining of existing low and moderate cost housing through the designation of conservation zones and/or other supportive measures. . ." Vote on Motion to Amend: 6-0. Motion to Amend declared carried unanimously. Motion by Tedesco, Second by Campbell, to adopt RESOLUTION NO. 95-399 approving the Land Use Policy Plan Goals, Objectives, and Policies contained in Technical Memorandum No. 6 as amended. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON PROPOSED REMOVAL OF 17 ASH TREES ON MAIN STREET: Mayor Pro Tem Parks declared the public hearing open. Nancy Miller, RR #2, said she represented the Downtown Betterment Association (DBA). She said their concern was the number of birds Downtown and the mess that they leave on the streets. She said it was not a new concern, but one that the Downtown merchants have been battling for the past three years. She said they have tried techniques to scare away the birds, such as banging on pots and pans, using starter guns, shooting water from fire hoses, and playing bird distress tapes. She said the trees had been trimmed several times to keep the birds from roosting in them. She said the root system of the trees was breaking up the sidewalks. She said removal of the 17 ash trees would be a partial solution, but not an answer to the long-term problem, and hoped the Downtown District Development Plan consultant could provide an answer to the latter. She said at their monthly meeting this morning, the DBA had learned of various untried alternatives for removing the birds, including a sonic device that the City of Carroll has used to successfully deal with its bird problem. She said the DBA was willing to try these various options for a short time, before the trees were removed. She said they still felt the trees would have to be trimmed however, and removed as they get larger. Alan Atherly, 2150 Ashmore Court, said he did not wish to see the trees removed. He said he realized there was a problem with the birds on Main Street and that something had to be done about them. He said he had bought a tree net and would be willing to donate it to the DBA. He said he contacted the City of Dallas and learned of a company that specializes in chasing birds away from downtown areas, noting information regarding this company had been distributed to the Council. He said the cost estimate for this service would be approximately $10,000, with a 5-year guarantee. He said the trees were a benefit to the Downtown area and nobody wanted to remove them. He said they need to look at alternatives to deal with the problem. Starlene Rankin, 722 Grand, said she was pleased to see the DBA coming up with alternatives to removing the trees, and said she was opposed to their removal. She said there were many benefits to having the trees Downtown, and said she had several alternative suggestions for dealing with the birds, which she would pass along to the DBA. She encouraged Council to consider these alternatives. Herman Quirmbach, 1002 Jarrett Circle, said he was against cutting down the trees, and urged the Council to look further into additional alternatives. He said cleaning the sidewalks may have its costs, but the competitive advantage to the Downtown area was its ambiance. He said Downtown would look like Wal-Mart if the trees were cut down. He said the droppings were a problem that had to be dealt with, but cutting down the trees would sacrifice the advantage the Downtown businesses currently have. George Beran, 304 24th Street, said he had been a member of the Humane League for many years and wondered if this issue had been brought to the League's attention. He said the League members have many skills which may be helpful. He said pest control companies should be consulted as well. He said he'd heard of a substance called Roost-No-More which might work in Ames. He said he had worked with infectious animal-transmitted diseases in the past, specifically histoplasmosis, and said it was not a major consideration in the City's situation. Dean Roosa, RR #1, said he was the owner of 203 and 205 Main Street. He said the merchants on Main have been very tolerant of the bird dropping problem, and have tried many things to try to solve the problem. He said he thought they were going to get some action on this item tonight, and he resented learning that an alternative proposal had come forward a few hours before this meeting. He said he wondered where that proposal was 3 years ago. He said the City made a mistake years ago by planting the wrong type of trees Downtown, and he didn't think the merchants should have to pay for that mistake. He said the people who were urging the Council not to cut down the trees did not have a financial stake in Main Street. He said perhaps the people vitally interested in keeping the trees should form a committee of volunteers to wash down the Main Street sidewalks each morning. He said The Daily Tribune editorial writer should who suggested the merchants use soap and water to solve the problem should try washing the street. He said he felt victimized that he had to do it. He said there were health ramifications to the problem, and he agreed with Coun. Tedesco's statement of being ashamed of the conditions on Main Street. Steven Lipshutz, 926 Ridgewood, said he had moved to Ames this summer, and was very impressed with the Main Street area. He said he wrote to his friends back east of how pleasant Main Street was. He said he felt it would be a mistake to remove trees that would take 20 years to replace, and said other options should be considered first. Kay Wall, 1004 Kellogg, submitted a prepared statement describing how she had previously lived in a community with a problem of blackbirds roosting in courtyard trees and in another area with farm fields and elm trees. She said even though she had lived near each of the areas, the only time she experienced a problem with the bird droppings was when her cat had to stay inside. She said when the blackbirds were in their trees, she aimed a garden hose at them until they left. She said she was thrilled with the beauty of Main Street when she moved here. She said when the Main Street trees were topped, she didn't like how they looked, and was not surprised when the birds arrived, as they love the brushy growth that sprouts from topped branches. She said one of the trees Downtown with droppings under it is not an ash, but a hard maple. She said ISU has not cut down trees that crows roost in, and people still use the PE building. She said birds flock to other trees in town, and wondered if the City proposed to cut down each tree until every one was gone. Jim Stone, 1613 Top-O-Hollow, said he was the owner of the Grove Cafe. He said 20 years ago, there was no problem with birds or broken sidewalks. He said the problem came about when the City Council proposed ornamental trees on Main Street. He said although the merchants liked the idea of ornamental trees, a 20-30 foot tree was not "ornamental." He said he questioned how such a tall tree can live with the small amount of water available to it. He said the merchants were not opposed to trees, but they wanted the Council to do what it agreed upon at the August 22 meeting, which was to remove the trees that have grown too big for the Downtown area and replace them with more appropriate trees. He said the problem of birds was brought before the Council 6 years ago, and was growing increasingly worse as the trees grew bigger. He said he thought the trees should be removed and replaced as part of the Downtown renovation. Nancy Dane, 1415 Coolidge, said she was a Downtown merchant. She said she knew many people liked the trees downtown, and she invited them to come down and haul water from the back of her establishment to wash down the sidewalk in front. She said the merchants like the trees too, but they have to get rid of the birds. She urged the Council to cut the trees down now. Kathleen Lynott, 301 Main, said she lived on Main and patronized Downtown businesses. She said cutting down the trees would be the worst scenario for the businesses. She said by doing so, they would lose the aesthetic appeal of Main Street. She said they should investigate other options. She said she hasn't noticed any cracking of the sidewalks, and the odor from the droppings has not bothered her. Rob Weidner, 903 Kellogg, said he sympathized with the Downtown merchants, and even though he didn't want to see the trees removed, he felt they probably would be. He said the situation was a mess. He said one solution might be if the City would offer to put water service hook-ups in front of the establishments so merchants could more easily wash down their sidewalks. He said topping the trees could be another solution. He said the trees should be viewed as an asset, and if the City were going to remove them, they should consider leaving as much of the stumps as possible so they could be made into public art. He said if they do have to remove the trees, perhaps the merchants could help maintain the shade and ambiance by installing such things as awnings in front of their businesses. Mark Peterson, 2313 Van Buren, said what is appealing about the Downtown area is that it is not all brick and concrete buildings, adding that the businesses themselves are appealing to the customers. He said he'd learned the City of Carroll had a similar problem with birds in 1988, and solved the problem in 30 days by using four ultra-sound machines from a company called "Bird-X." He said Coun. Tedesco and he had contacted that company and learned that machine was an option, as well as other products the company makes. He said he didn't think anyone wanted all the Downtown trees removed. He said they have a period of time before the trees were to be cut down in December or January, and the DBA would like the opportunity to look at these other alternatives during that time. There being no one present wishing to testify further, the public hearing was declared closed. Motion by Campbell, Second by Hoffman, to direct Staff to work in cooperation with the Downtown Betterment Association to examine some of the new alternatives for removing the birds from Main Street and to report back to Council as soon as possible. Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Wirth, Second by Tedesco, that the City perform additional cleaning of Main Street as well as sidewalks, benches, and parking meters on Main as needed to December 1, 1995 with funding to come from the Contingency Fund. Vote on Motion: 2-4. Voting Aye: Parks, Wirth. Voting Nay: Brown, Campbell, Hoffman, Tedesco. The Motion was declared Failed 2-4. Motion by Hoffman, Second by Campbell, that the Council direct Staff to explore what can be done in terms of street cleaning, and report to Council on alternatives before the September 26, 1995 Council meeting, holding a Special Council meeting for the report if necessary. Vote on Motion: 2-4. Voting Aye: Hoffman, Tedesco. Voting Nay: Brown, Campbell, Parks, Wirth. Motion declared Failed 2-4. Motion by Hoffman, Second by Tedesco, to direct Staff to clean Main Street every other day to December 1, 1995 while alternative solutions are being tried for the bird droppings problem. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON REZONING OF PROPERTY LOCATED AT 202 KEN MARIL ROAD: Mayor Pro Tem Parks declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Wirth, Second by Tedesco, to pass on first reading an ordinance rezoning property located at 202 Ken Maril Road from A-1 (Agricultural) to R1-10 (Low-Density Residential). Roll Call Vote: 6-0. Motion declared carried unanimously. CONCEPTUAL DEVELOPMENT PLAN FOR ADKINS, PLAT 1: Motion by Brown, Second by Wirth, to adopt RESOLUTION NO. 95-400 approving Conceptual Development Plan for Adkins Plat 1, Southdale Fifth Addition, located at 202 Ken Maril Road. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON ISSUANCE OF GENERAL OBLIGATION BONDS IN AMOUNT NOT TO EXCEED $4.5 MILLION: Mayor Pro Tem Parks declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Tedesco, Second by Campbell, to adopt RESOLUTION NO. 95-401 taking additional action for the sale and issuance of not to exceed $4,500,000 General Obligation Corporate Purpose Bonds, Series 1995 B; setting September 26, 1995 as date of sale. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON ASSESSMENTS FOR SIDEWALK REPAIR: Mayor Pro Tem Parks declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Tedesco, Second by Wirth, to adopt RESOLUTION NO. 95-402 assessing costs of sidewalk repair for property located at 321 10th Street and 1322 Marston and certifying the assessments to the County Treasurer. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor and hereby made a portion of these minutes. HEARING ON CONTINUOUS EMISSION SYSTEM MONITORING SOFTWARE UPGRADE: Mayor Pro Tem Parks declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Brown, Second by Hoffman, to accept report of bids and delay award of contract. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON ALLEY 8TH TO 9TH STREET WEST OF DOUGLAS AVENUE PAVING PROJECT (1995 PAVING PROGRAM NO. 2): Mayor Pro Tem Parks declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Tedesco, Second by Hoffman, to reject bids and direct Staff to redesign and rebid project. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON DUFF AVENUE WIDENING PROJECT (10TH to 12TH): Mayor Pro Tem Parks declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Hoffman, Second by Brown, to adopt RESOLUTION NO. 95-403 approving final plans and specifications and awarding contract to Manatt's, Inc. of Ames, Iowa in amount of $186,785.88, subject to Mary Greeley Medical Center approval. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON SOUTH DUFF AVENUE TURN LANES PROJECT: Mayor Pro Tem Parks declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Wirth, Second by Brown, to report bids and delay award of contract. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON LINCOLNWAY/HAZEL TRAFFIC SIGNAL PROJECT: Mayor Pro Tem Parks declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 95-404 approving final plans and specifications and awarding contract to Iowa Signal and Electric Company of Des Moines in amount of $60,546. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON CLEAR WATER DIVERSION PROGRAM SERVICE LINE: Mayor Pro Tem Parks declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Campbell, Second by Wirth, to adopt RESOLUTION NO. 95-406 approving final plans and specifications and awarding contract to Ames Trenching & Excavating, Inc. in amount of $58,500. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON GRAND & 24TH STREET INTERSECTION IMPROVEMENTS: Mayor Pro Tem Parks declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Tedesco, Second by Wirth, to adopt RESOLUTION NO. 95-405 approving final plans and specifications and awarding contract to ConStruct, Inc. of Ames, Iowa in amount of $779,657.80. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON LINCOLN WAY SANITARY SEWER RELIEF LINE: Mayor Pro Tem Parks declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Campbell, Second by Wirth, to direct Staff to redesign and rebid the project. Vote on Motion: 6-0. Motion declared carried unanimously. ORDINANCE AMENDING MUNICIPAL CODE RELATING TO REFUND OF EMPLOYEE CONTRIBUTIONS TO UTILITY RETIREMENT SYSTEM: Motion by Wirth, Second by Campbell, to pass on first reading an ordinance amending the Municipal Code relating to refund of employee contributions to the Utility Retirement System. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE DESIGNATING PARKING PROHIBITIONS IN NORTHRIDGE PARKWAY SUBDIVISION, 13TH ADDITION: Motion by Tedesco, Second by Wirth, to pass on first reading an ordinance prohibiting parking along the north side of Goldenrod Circle, Evergreen Road, and the south side of Tupelo Circle in the Northridge Parkway Subdivision, 13th Addition. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE DESIGNATING SPEED LIMITS FOR BLOOMINGTON ROAD, HOOVER TO GRAND: Motion by Tedesco, Second by Campbell, to pass on first reading an ordinance designating speed limits for Bloomington Road, Hoover to Grand Avenue. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE DESIGNATING PARKING PROHIBITIONS FOR BLOOMINGTON ROAD, HOOVER TO GRAND: Motion by Wirth, Second by Campbell, to pass on first reading an ordinance designating parking prohibitions for Bloomington Road, Hoover to Grand Avenue. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE DESIGNATING BLOOMINGTON ROAD, HOOVER TO GRAND AVENUE, AS A THROUGH STREET: Motion by Tedesco , Second by Hoffman, to pass on first reading an ordinance designating Bloomington Road, Hoover to Grand Avenue, as a through street. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE AMENDING MUNICIPAL CODE REGARDING TRAFFIC CRITERIA FOR HOME OCCUPATION PERMITS: Motion by Wirth, Second by Tedesco, to pass on second reading an ordinance amending Municipal Code Section 29.10 (3) (e) regarding traffic criteria for home occupation permits. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Hoffman, Second by Campbell, to suspend the rules required for adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Hoffman, Second by Campbell, to pass on third reading and adopt ORDINANCE NO. 3344 amending Municipal Code Section 29.10 (3) (e) regarding traffic criteria for home occupation permits. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REPORT ON JUICE BAR ORDINANCES IN OTHER COMMUNITIES: City Attorney John Klaus reviewed his memo of September 7, 1995 to the Mayor and Council, which discussed three general categories in which ordinances related to "juice bars" were found in other communities: 1) Zoning restrictions; 2) Bans on nudity in a public place; and 3) "No contact" ordinances. Motion by Campbell, Second by Hoffman, to direct the City Attorney to prepare an ordinance amending the City Code to include a zoning restriction with respect to "juice bars." Vote on Motion: 6-0. Motion declared carried unanimously. DOWNTOWN DEVELOPMENT PLAN ACTIVITIES: Motion by Brown, Second by Campbell, to adopt RESOLUTION NO. 95-407 authorizing expenditure of $5,000 from Contingency Fund to promote Downtown Development Plan activities. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ASSESSMENT TERM OF INSTALLMENTS AND INTEREST RATE FOR SOUTHEAST 5TH STREET IMPROVEMENT PROJECT: Motion by Tedesco, Second by Wirth, to adopt RESOLUTION NO. 95-409 amending assessment term of installments and interest rate for the Southeast 5th Street Improvement Project. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. AUTHORIZATION OF 1995/96 CONTRACTS WITH IBM FOR COMPUTER HARDWARE: Motion by Campbell, Second by Wirth, to adopt RESOLUTION NO. 95-408 waiving formal bidding requirements and authorizing 1995/96 contracts with IBM Corporation for computer hardware at estimated cost of $88,406 plus additional amounts as equipment warranties expire. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CEBA APPLICATION FOR VISIONAIRE: Motion by Brown, Second by Wirth, to adopt RESOLUTION NO. 95-410 approving CEBA application for VisionAire. Roll Call Vote: 5-0-1. Voting Aye: Brown, Campbell, Hoffman, Tedesco, Wirth. Voting Nay: None. Abstain: Parks. Resolution declared carried 5-0-1, signed by the Mayor, and hereby made a portion of these minutes. DEVELOPER'S AGREEMENT FOR 1915 MUNICIPAL BUILDING: Motion by Wirth, Second by Campbell, to adopt RESOLUTION NO. 95-413 setting forth proposal for sale of 1915 Municipal Building under terms of a Development Agreement with Youth and Shelter Services; setting September 26, 1995 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. POLICY REGARDING EXCAVATIONS NEAR TREES WITHIN THE PUBLIC RIGHT OF WAY: Motion by Wirth, Second by Campbell to direct Staff to work with various entities to develop policy and return to Council in January 1996. Vote on Motion: 6-0. Motion declared carried unanimously. 1995 PAVING PROGRAM NO. 1, DIVISION I, AIRPORT ROAD: Motion by Tedesco, Second by Brown, to reject bids and direct Staff to redesign 4-lane project. Vote on Motion: 6-0. Motion declared carried unanimously. INDIAN GRASS COURT SIDEWALKS: Motion by Wirth, Second by Brown, to adopt RESOLUTION NO. 95-411 establishing policy stipulating all sidewalks be constructed of Portland cement concrete; combination pedestrian/bikeways constructed of Portland cement or asphalt, except as specifically approved by Council; denying request for use of flagstone. Craig Hastings, 3926 Squaw Road, said he represented Doug Brinkman, one of the adjoining property owners. He distributed a memo dated September 11, 1995 regarding this issue. He said the majority of the property owners do not wish to see this walk constructed, and said the purpose of a Planned Unit Development (PUD) Plan was to address the needs of the owners. He said if the Council decides the walk should be constructed, his client would like to see it constructed out of paving bricks to create a walkway that was aesthetically pleasing. He said he urged the Council not to adopt the policy recommended by Staff. He said it was precipitous to adopt a policy stating all public sidewalks were to be constructed of concrete or asphalt when there had been no input from builders and architects regarding different types of applications. He cited alternative materials used in other locations throughout the community. He said the Indian Grass Court location would not be a good place for a concrete sidewalk, as its slope would invite skateboarders and bicyclists. He noted the walk ended at Mortenson Parkway, and said Mr. Brinkman's proposal would mitigate the safety concerns. Murdine Kaeberle, 2022 Indian Grass Court, said the sidewalk itself would not affect her property. She said however, she had serious concerns regarding the safety of the sidewalk, and wanted to go on record as warning the Council this was an unsafe sidewalk. She asked who would be liable if an accident were to occur. She said while she knew people would like to have the walk for access out of the neighborhood, people who came up the sidewalk would have to walk in a very narrow street. She asked who would sand and salt the walk when it got icy. She said bushes and shrubs would have to be trimmed to allow visibility on the walk. Betty Sorenson, 2016 Indian Grass Court, said this walk would provide safety for residents who wished to walk in the area. She said the walk was included in the original PUD Plan. She said the development has been complete except for one home, and said four families who wish to walk in the area have been waiting three years for sidewalk access. She said she didn't think there would be much foot traffic into the neighborhood, and that the problem was access out of it. She said she felt the walkway could be designed and implemented in a way that would satisfy the residents, perhaps at an angle to mitigate the slope. She said she hoped a smooth, hardsurface walk that could be shoveled and sanded would be constructed, and that a deadline for its construction would be set. She noted the Council voted on August 23, 1994 for the walk to be put in, and thought tonight's discussion was to be only on the materials used. Motion by Tedesco, second by Campbell, to amend the Main Motion to include a provision that the sidewalk be constructed by the end of the 1995 construction year. Vote on Motion to Amend: 6-0. Motion to Amend declared carried 6-0. Roll Call Vote on Main Motion as Amended: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. LOADING ZONE FOR DRUGTOWN #2: Motion by Brown, Second by Campbell, to direct the City Attorney to prepare ordinance establishing truck loading zone for period of 6:00 a.m. - 9:00 a.m. on south side of Main, west of Clark. Rick Tollakson, Hubbell Realty, said the proposed loading zone is located right at the entrance to Main Street Station, and would have aesthetic impacts on the entire center. He said the developers would like to see the loading zone on the west side of Clark, south of Main Street, where they had requested Drugtown locate its storage area. Mark Hall, Drugtown #2, said a loading zone on Clark would provide quick and easy access to their storage area. He suggested Council approve the Clark location temporarily, with a stipulation that the issue would return to Council if problems arose. He said most of the businesses were not yet open in the 6-9 a.m. time period. Mr. Tollakson said the drugstore opens at 7:00 a.m. He said if the loading zone were on Main, unloading activity would be occurring around pedestrians on Main Street. He said Drugtown had also requested a curb cut to facilitate unloading. He said as landlords, Hubbell Realty had no problem with allowing Drugtown the sidewalk on Clark. Mr. Hall said Drugtown's delivery trucks have been stopping on Clark for the past two months. He said they try to unload the trucks as quickly as possible, and do not wish to have trucks lined up along their business. He said the maximum time required for an unloading would be 15 minutes, and that two pallets would be the largest amount unloaded at any given time. Vote on Motion: 2-4. Voting Aye: Campbell, Wirth. Voting Nay: Brown, Hoffman, Parks, Tedesco. Motion declared Failed 2-4. Motion by Tedesco, Second by Brown to direct City Attorney to prepare ordinance establishing truck loading zone on west side of Clark Avenue, 70' south of Main Street, for the period of 6:00 a.m. - 8:00 a.m. on a temporary basis until a comprehensive study can be done to determine where truck loading zones should be in the Downtown area, or if traffic problems occur. Vote on Motion: 6-0. Motion declared carried unanimously. AGREEMENT WITH DOT FOR LINCOLN WAY/CLARK/WALNUT RECONSTRUCTION: Motion by Tedesco, Second by Wirth, to adopt RESOLUTION NO. 95-412 approving agreement with Department of Transportation for Lincoln Way/Clark/Walnut reconstruction. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS AND FUTURE AGENDA ITEMS: Motion by Wirth, Second by Campbell, to direct Staff to investigate the problem of parking at East 11th Street/Duff Avenue intersection. Vote on Motion: 6-0. Motion declared carried 6-0. Coun. Tedesco noted Council Members had received an invitation from the Story County Emergency Management Agency to attend a meeting/picnic on September 27, 1995 at 6:30 p.m. at the McFarland Park Conservation Center. He encouraged the Council to attend. City Manager Steve Schainker noted Story County and the City of Ames benefitted from Coun. Tedesco's participation in the formation of the agreement with the City of Des Moines for Hazmat Response. Coun. Tedesco said in celebration of the Mayor's 50th birthday, he would like to see the City adopt an ordinance regarding 50-year-olds operating snow blowers. Coun. Brown asked whether towers and signs were to be addressed as part of the Code Review process. Planning and Housing Director Brian O'Connell said it was Staff's understanding that the Council wished them to investigate the two issues of towers and billboards before the Code Review. Coun. Tedesco said he felt those two issues should be reviewed as soon as possible. He noted there was a current effort to get large billboards along the I-35 Business Loop. Coun. Brown said there was a need to look at sign regulations in a broader sense as well. Coun. Parks thanked the ISU Journalism classes who had attended tonight's meeting. Motion by Hoffman, Second by Campbell, to direct Staff to prepare a report on designation of north and south streets, particularly along Lincoln Way, for the next City Council agenda. Vote on Motion: 6-0. Motion declared carried unanimously. Public Works Director Paul Wiegand noted currently, streets south of Lincoln Way are designated South; East of Duff are designated East. He said at present, West and North are not included in descriptive names of streets. Motion by Hoffman to schedule presentation by Iowa Shares on the September 26 Council agenda. Coun. Campbell said when she had raised this request at a previous meeting, there had been discussion that the Council would prefer to look at a more general policy regarding solicitation of City employees, rather than having specific groups come to make presentations. Coun. Hoffman said there had been a question regarding how groups to solicit employees are selected. The Motion Failed for lack of a second. Coun. Hoffman asked when the water main work on Lynn Avenue in front of the Baptist Church would be completed, and Public Works Director Wiegand said it was hoped the work would be completed by mid-October. Coun. Hoffman asked Staff to investigate two dead elm trees in the eastern part of Emma McCarthy Lee Park. ADJOURNMENT: The meeting adjourned at 9:55 p.m. Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor