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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 10/24/1995OFFICIAL MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA OCTOBER 24, 1995 The Ames City Council met in regular session at 6:30 p.m. on the 24th day of October, 1995, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law with Mayor Larry R. Curtis presiding and the following Council Members present: Brown, Campbell, Hoffman, Parks, Tedesco, and Wirth. PRESENTATION ON PUBLIC ACCESS POLICIES BY AMES CABLE COMMISSION: Assistant to the City Manager Sheila Lundt introduced Ames Cable Commission Chairperson Mike Wilson and Commission Member Dick Matt. Chairperson Wilson said in accordance with the Council's direction at the December 20, 1994 joint meeting, the Cable Commission's main focus in the past several months has been on Public Access Channel 10, to determine ways of increasing its exposure and diversity of programming. He said they have also pursued ways of providing more structure regarding the use of facilities and equipment. He said they have sought input from Staff and other public access groups regarding ways to provide access to producers plus protect the City's investment. He described changes in hours of access to the facility, saying keys to the facility will no longer be issued and all who use the facility must be let in by Staff. He said the equipment can still be checked out overnight, but there will no longer be unlimited access to it. He said the newly-hired Producer's Assistant will work one weekend day per month plus weekday hours of 2 p.m. to 8 p.m. Mr. Wilson discussed the formation of a voluntary Producers Advisory Group as a means for producers to provide input to the Commission. He said a focus group subcommittee has developed a survey which will be sent out in the next TCI billing. He said in addition to providing an analysis of what the public thinks, the survey will also promote the use of Public Access in Ames. He said publication of a survey in the newspaper has also been discussed. He said a long-range plan committee has been considering ways to provide opportunities to speak to various groups about public access to increase diversity. He said policies regarding the playback of videotapes have been streamlined, and a handbook for producers has been developed. He said future plans to explore the feasibility of expanded hours in the facility with a user fee could possibly pay for use of a full-time Staff person. He said another possibility would be for the Producers Advisory group to become a contracting agent with the City for running the facility after hours. The Council asked questions regarding number of public access users, and the amount of time that goes into production and the most heavily used times for production. Coun. Brown expressed concern about any cutback on service. She said the new hours might pose a problem for user groups such as churches, and said editing a program took more time than people realize. Ms. Lundt said the current budget allows for one 30-hour/week staff position, and explained how the hours had been arranged to maximize the usage of that individual. She discussed the possibility of the Commission having to consider fees or contracting as a means of raising revenue to be able to provide an increased level of service. CONSENT AGENDA: Motion by Hoffman, Second by Parks, to approve the following items on the Consent Agenda, removing Item 11 for Separate Consideration: Motion to approve payment of claims Motion to approve Official Minutes of the Regular Meeting of September 26, 1995, and Official Minutes and Clerk's Notes of the Regular Meeting of October 10, 1995 Motion to approve renewal of the following beer and liquor licenses: a. Class E Beer - QuickTrip #537, 111 Duff b. Class E Beer - The Keg Shop, 113 Colorado Avenue Motion approving certification of Civil Service applicants RESOLUTION NO. 95-460 confirming GSB's appointments of Phil Mescher and Troy Oetker to the Transit Agency Board of Trustees RESOLUTION NO. 95-461 approving appointment of Desiree Gunning to fill vacancy on Ames International Partner Cities Association RESOLUTION NO. 95-462 approving Agreement with Youth & Shelter Services for Monitoring Juveniles RESOLUTION NO. 95-463 approving contract with Ames Heritage Association RESOLUTION NO. 95-464 authorizing additional FTE for Public Works, Operations Division (Removed for Separate Consideration; See action at the end of this section) RESOLUTION NO. 95-465 approving preliminary plans and specifications for 1996 Water Service Transfer Program; setting November 15, 1995 as bid due date and November 21, 1995 as date of hearing and award of contract RESOLUTION NO. 95-466 approving preliminary plans and specifications for 1996 Storm Sewer Intake Replacement Program; setting November 15, 1995 as bid due date and November 21, 1995 as date of hearing and award of contract RESOLUTION NO. 95-467 approving preliminary plans and specifications for Optic Fiber Cable Installation; setting December 6, 1995 as bid due date and December 19, 1995 as date of hearing and award of contract RESOLUTION NO. 95-468 approving preliminary plans and specifications for Power Plant Fire Protection; setting December 8, 1995 as bid due date and December 19, 1995 as date of hearing and award of contract RESOLUTION NO. 95-469 approving preliminary plans and specifications for Hyland Avenue Storm Sewer Project; setting November 15, 1995 as bid due date and November 21, 1995 as date of hearing and award of contract RESOLUTION NO. 95-470 accepting completion of U.S. 30 Frontage Road Project in amount of $63,796.14 RESOLUTION NO. 95-471 approving contract and bond in amount of $86,650.00 for Resource Recovery Plant Roof Replacement Project RESOLUTION NO. 95-472 approving contract and bond in amount of $108,471.92 for Continuous Emission Monitoring System Upgrade RESOLUTION NO. 95-473 approving contract and bond in amount of $136,017.73 for South Duff Avenue Turn Lane Project, S.E. 16th Street and Chestnut Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SEPARATE CONSIDERATION: AUTHORIZATION OF ADDITIONAL FTE FOR PUBLIC WORKS, OPERATIONS DIVISION: When questioned by Coun. Campbell, City Manager Steve Schainker explained a recent reorganization in the Public Works Department which will consolidate maintenance workers in the Street, Utility Maintenance, and Grounds Division in order to provide one cadre that can be assigned to handle one project when necessary. Motion by Tedesco, Second by Campbell, to adopt RESOLUTION NO. 95-464 authorizing additional FTE for Public Works, Operations Division. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: John Hascall, 701 Ash Avenue, noted he had previously written to the Council regarding the negative impact of through traffic at inappropriate speeds in the Ash Avenue area. He discussed the notion of "traffic calming" as one solution to the problem, to reorganize neighborhoods in ways that discourage through traffic. He said traffic calming promotes safety and quality of life, and protects the neighborhoods as well. He said the LUPP Goals and Objectives seem to include promoting such factors, and he hoped those goals would be for current as well as future citizens. He said his research of the traffic calming concept shows fire access would not be a problem. He said he hoped the Council would direct the Traffic Engineer to study the issue, and said he felt a future public forum on traffic issues would be appropriate. Kay Wall, 1004 Kellogg, showed a photograph of a house at 1015 Kellogg that had been included in the area recently proposed to rezone to R-2. She then showed a current photograph of the site with the trees removed. She said she wanted to illustrate what happens when the Council delays responding to a neighborhood's request. NEW CLASS C LIQUOR LICENSE FOR THE DEAN'S LIST: Motion by Brown, Second by Parks, to approve new Class C Liquor License for The Dean's List, 2522 Chamberlain. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST TO AMEND LAND USE POLICY PLAN FOR PROPERTY GENERALLY LOCATED AT 4700 WEST LINCOLN WAY: Planning and Housing Director Brian O'Connell reviewed the Staff report for this item. He said Staff felt that this was not an issue about the Fareway store, but was a landuse planning issue. He said the question before Council was whether Medium-Density Residential property or Commercial property was more needed in the western area of the community. He displayed a large-scale map of the land area in the City, and said Staff has determined there are approximately 120 acres of Medium-Density Residential property distributed throughout the community, and approximately 170 acres of Commercial property, with the latter being located primarily in the eastern portion of the City. He said whereas infrastructure issues are not a concern in this request, there were some concerns with respect to traffic, which could be dealt with during the actual subdivision and development of the property. Larry Jahn, 3410 Oakland, said he represented the Citizens for Responsible Growth. He said in order to be upheld in court, an amendment to the Land Use Policy Plan could not be arbitrary. He said Council approval of the proposed amendment would be seen as arbitrary, when the same proposal was defeated last year by Council's 5-1 vote. He said if the Council felt this proposal was not a good idea a year ago, it was a worse one now that it was known the anticipated use was a grocery store, referred to in the applicant's 1994 traffic study as the "worst case scenario." Mr. Jahn said the proposed amendment was inconsistent with the current Land Use Plan, and with the proposed updated Plan. He said the applicant's proposal for a grocery store and perhaps a carwash would be the antithesis of a "village concept." He said at last year's Council meeting, Staff had advised against the proposed amendment so as not to encourage further strip mall development along Lincoln Way. He said at that same meeting, Council had determined to not approve a "piecemeal approach" to zoning, and had determined it was best not to act on such requests until the Landuse Policy Plan revision was completed. He said it was much more compelling to not act on this issue now, when the LUPP revision was imminent. Mr. Jahn noted he had previously addressed Council regarding the unfairness of the removal of this item from the October 10, 1995 agenda at the petitioner's request. Mr. Jahn said he had filed with the City Clerk a petition signed by 20% of the property owners within 200 ft. of the affected property, opposing this request. He said based on his interpretation of the Iowa Code, this written protest meant the proposal would need a favorable vote of at least 3/4 of all members of the Council. Mr. Jahn said in order to approve this request, the Council would have to vote against the Staff recommendation, arbitrarily vote against their vote of last year, ignore the existing and possibly the new Land Use Policy Plan, ignore the wishes of the majority of residents in the area, and in some respects, ignore the law. Carol Simonson, 425 Pearson Avenue, said she was Director of the Formative Years Daycare Center. She said they chose their location at the corner of Todd Drive and South Dakota because of its R-3 zoning and because it was a quiet, low-profile neighborhood. She said the daycare maintains a low profile in the neighborhood, with traffic increases only between 7:30-8:30 a.m. and 4:30-5:30 p.m. on weekdays. She said at present, the daycare is at capacity with 110 children. She said any Commercial development would make the environment noisy and unsafe. She said 92 parents of children attending Formative Years have signed a petition opposing any Commercial development across the street from the daycare. She said the Council should not be in a hurry to approve the requested change, but should listen to Staff and wait until the LUPP update is completed. Real Bernier, 4726 Todd Drive, said the proposed amendment would affect the safety of residents and affect property values. He said when he invested in his property one year ago, the Realtor told him the land under consideration this evening would be Residential. He said he disagreed with the applicant's statement that the proposed amendment was in accordance with the "village concept" proposed in the new Landuse Policy Plan, as there was no consensus between the stakeholder and the residents regarding this change. He expressed concerns about noise, pollution, threatened property values, and lack of preservation of the integrity of the neighborhood. He said he questioned why the City should plan areas if they allow any developer to change them at will. David Block, 4618 Westbend Drive, reviewed the history of zoning in the area. He said in the early 1980's when QuikTrip requested a P-C zoning designation, the neighbors were concerned about "spot-zoning" and "the domino effect." He said they were assured it was a one-time occurrence and that they would be protected by the zoning map. He said when the widening of South Dakota affected QuickTrip's business in 1990, it asked for relief from the City and received Council approval to relocate across the street. He said that relocation alleviated the safety problem, but was the beginning of further "creeping Commercial" zoning in the area. He said if the proposed amendment were approved tonight, the residents feel the whole area will be designated as a Commercial hub. He said the quality of the Westbend neighborhood is at stake. He said if the area was rezoned, they questioned how they could count on zoning for protection against further "spot-zoning." Stephanie Carpenter, 4702 Todd Drive, said she was a Board Member of the LandMark Villa Homeowners Association. She said when they bought their townhome, the Realtor told them the empty lot across the street would remain Residential. She said the residents feel the proposed amendment would result in increased traffic and pose a safety problem for children attending the daycare. She said if the Council adopts a piecemeal plan to zoning, they are not paying attention to the Plan for the City. She said the residents had purchased their property with the expectation that the integrity of the neighborhood would be maintained, and that the lot at 4700 West Lincoln Way would remain zoned and used for Medium-Density Residential. Robert Harris, 4530 Westbend, said the residents present this evening should not have to be here. He said they had elected the Council to represent them. He said they had researched past City Council minutes, and felt they could rely on the Council to follow through on their previous actions. He said in 1990, the Council members had expressed concern regarding "creeping Commercial" zoning in the area. He said when the decision was made to allow QuikTrip to relocate across the street, the rezoning was subject to a list of impermissible uses, one of which was a grocery store. He said residents were not anti-growth, but wanted to feel there was a plan, a policy, and a system they could work within. He said he failed to understand why there was a rush to judgement on this issue. He said none of the current candidates for City Council indicate they would approve the proposed amendment. He said on the same day he received a letter regarding why one Council member was going to vote in favor of the amendment, he received a letter regarding an upcoming Landuse Policy Plan meeting, saying his input as a citizen was important. He said if Council approved the amendment, they would be removing the option of residents to provide input on landuse determinations. RECOGNITION OF OFFICIALS FROM FRYDEK-MISTEK, CZECH REPUBLIC: Mayor Curtis welcomed officials visiting from Frydek-Mistek, Czech Republic. REQUEST TO AMEND LAND USE POLICY PLAN FOR PROPERTY GENERALLY LOCATED AT 4700 WEST LINCOLN WAY (CONTINUED): Dave Carter, 709 Douglas, said he represented the Ames Neighborhood Coalition and was present because this issue was important to neighborhoods throughout the community. He said he agreed with Staff that this issue dealt with more than the Fareway store, and said he felt it dealt more with a process. He said nearly one year ago, he addressed the Council regarding implementing a landuse policy that specified low-density zoning in another neighborhood. He said that request was tabled, and the rationale given was that the Land Use Policy Plan revision was ongoing. He said residents were encouraged to participate in the LUPP revision process. He said residents were aware that Medium-Residential property at the north end of Northridge was currently under consideration for rezoning. He said although some of the same criteria applied in that instance, he was doubtful that rezoning would occur. He said he disagreed with the often-heard statement that market forces should designate the use of Commercial zoning, and if a person was willing to invest his or her capital, government should not dictate how that land is used. He said market forces do not seek the best development, but seek the greatest economic return. He said the purpose of landuse planning and of its implementation through zoning is to direct those market forces. He said if they are going to allow market forces to dictate where development occurs, there is no need for landuse planning or zoning, and it then becomes a charade to ask people to participate in the landuse process. Annette Jensen, 1226 Idaho Court, said she has met with Citizens for Responsible Growth and other residents in the area, and said their objections to the proposed amendment are very logical. She said they are not against Fareway, commercial development, or responsible growth in West Ames. She said they are simply asking that development be predictable based on the Landuse Plan. She said she didn't believe homeowners should have to prove to the Council why this rezoning should not take place, but rather that it should be the responsibility of the developer to demonstrate why the Landuse Plan should be changed. She said the Council should also justify why it is not reasonable to wait until the new LUPP is completed before granting any further zoning requests. Mieczysyaw Szopinski, 4123 Phoenix, said he has lived in the community for 21 years, and has seen its history of changing zoning. He said other people elected the City Council members as well as those individuals who had spoken earlier this evening. He said the Council had to follow the wishes of the majority, not just those whose backyards were affected. He said nothing was cast in concrete, and if conditions changed, approaches must change. He said in one year, many houses have been built in West Ames, and there was increased traffic. He said he did not think property values would decrease in the area with the proposed amendment. Joyce Cooper, 2331 240th Street, submitted a petition signed by 74 people from developments in West Ames who wish to see a new Fareway store in the area. Marvin Walter, 2035 Country Club Blvd. said he was present representing the Ames Economic Development Commission who were in favor of the proposed Land Use Plan amendment. He said there has been considerable residential growth in West Ames, with no adequate Commercial growth to support it. He said while realizing the LUPP revision process is incomplete, the AEDC feels the rezoning needs to move ahead to service a developing neighborhood. He said there is concern regarding making land available for development as areas grow, and noted at least two past attempts to rezone land for Commercial use in the western area have failed. He said as communities grow, circumstances change. He said the AEDC does not wish to spread Commercial growth irresponsibly, and does not feel it would be doing so to grant this request. He said they believe this is a good proposal which should be supported. Rene Niese, 1305 Illinois, said he was the President-elect of the Ames Chamber of Commerce, and was present on behalf of its membership. He said since 1990, 237 acres in West Ames have been rezoned from other uses to Residential, with no expansion of Commercial land available to service that growing population. He said the one acre QuikTrip rezoning was the only Commercial rezoning since 1990, and that occurred for safety rather than business reasons. He said the Valley East and Wyndham Heights subdivisions were originally planned for Commercial development, but market demand for Multi-Family housing changed the use for residential purposes, thereby reducing the Commercial land available for development by 20 acres. He said the Chamber supports completion of the new LUPP, but are not in favor of waiting for its completion to decide on continued economic development. He said they support economic development within the community because it is through business that jobs are created and wealth is formed. He said they recognize there are quality of life issues associated with economic growth, but do not believe one necessarily conflicts with the other. He said they support the Ames Plan as proposed, and look forward to the continued development of Ames through the "Village Concept." He said they believe business expansion plans should be made in the boardroom, and that the marketplace should decide the wisdom of those decisions. Erben Hunziker, Hunziker & Associates, said he was one owner of the property at 4700 West Lincoln Way. He said the owners feel the current Land Use Policy Plan is outdated. He said when they brought this issue to Council one year ago, they were told the new Land Use Plan would provide some Commercial property in the West Ames area, but that hasn't happened. He said he'd reviewed the videotape from the LUPP consultant, and felt it had some good ideas. He said to him, the "Village Concept" meant creating some everyday shopping facilities within a residential area for easy access, and said that was what this proposal would do. Mr. Hunziker said he had always been told there needed to be a buffer between Commercial and Single-Family property. He said the property surrounding 4700 West Lincoln Way was either Commercial or Multi-Family. Mr. Hunziker reviewed the population numbers of areas surrounding the subject property, saying there were between 15,000-20,000 people living in West Ames, including ISU students. He said there was only one major grocery store in the area. Mr. Hunziker said the property owners have a signed contract with Fareway, but not for any other business at this time. He said they have had inquiries from retail establishments such as videostores, beauty parlors, cleaners, medical and miscellaneous offices. He said there was no commercial land available in Campustown at present, and the area was entitled to some more Commercial property. Mr. Hunziker said a Fareway store would be the most adaptable grocery business to have in a Residential area, as they are closed on Sundays and evenings after 9:00 p.m., don't sell cold beer, etc. He said they are not asking for any incentives, were willing to make an investment in West Ames, and would employ 50-100 people. Mr. Hunziker said he had been in the real estate business for nearly 50 years, and learned development must be market-dictated. He said the City may have land available to the south, but said "You don't tell people where to spend their money." Mr. Hunziker noted the request was for Planned-Commercial, which would allow the City to control what is developed on the property. He said he did not believe small groups of people should have too much bearing on zoning determinations. He said the Council was elected by all Ames residents to do what was best for Ames, and he trusted that was what they would do. Motion by Wirth, Second by Hoffman, to adopt a resolution denying request to amend the Land Use Policy Plan for property generally located at 4700 West Lincoln Way. City Attorney John Klaus addressed the legal procedure for adopting a change in the zoning regulations, which he noted was not on this evening's agenda. He said a zoning change requires an ordinance change, involving published notice in advance of a public hearing. He said if 20% of the owners of land within 200 ft. of the subject area opposed a proposed zoning regulations change, the so-called "super majority" rule applies and 5 votes of the Council would be required for the change to occur. He said the measure would need to be voted on three times. He said tonight's action concerned a change in the Land Use Policy Plan, which was done by Council resolution, and a simple majority vote was required. Roll Call Vote: 3-3. Voting Aye: Campbell, Hoffman, Wirth. Voting Nay: Brown, Parks, Tedesco. The resolution was declared failed 3-3 (Four votes required for passage of a resolution.) Motion by Parks, Second by Brown, to adopt a resolution approving request to amend the Land Use Policy Plan for property generally located at 4700 West Lincoln Way. Roll Call Vote: 3-3. Voting Aye: Brown, Parks, Tedesco. Voting Nay: Campbell, Hoffman, Wirth. The resolution was declared failed 3-3 (Four votes required for passage of a resolution.) REPORT ON DOWNTOWN BIRD PROBLEM: Mark Peterson, 2313 Van Buren, said he was present on behalf of the Downtown Betterment Association. He reviewed the techniques utilized over the past three years to move the roosting birds from Main Street, noting Staff and the DBA met with Scott Beckerman, Wildlife Specialist with the U.S. Department of Agriculture, and learned there is no simple cure available for the problem. He said the situation has not changed significantly from the beginning of the summer. He said the sonic deterrents have unsettled the birds, but are not a long-term solution as the birds will eventually adjust to the sounds and the devices will be ineffective. He said the DBA would like to recommend to remove the trees to solve the problem. There was discussion regarding clarification of the Council's motion from the August 22, 1995 meeting to remove the trees. Public Works Director Paul Wiegand said the Council had directed Staff to remove the stumps of the trees to below ground level to allow planting of flowers or other plants. CONCEPTUAL DEVELOPMENT PLAN FOR AMES COMMUNITY INDUSTRIAL PARK, 2ND ADDITION: Motion by Parks, Second by Wirth, to adopt RESOLUTION NO. 95-474 approving Conceptual Development Plan for Ames Community Industrial Park, 2nd Addition, with stipulation as recommended by Planning and Zoning Commission and City Staff. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REQUEST FOR ANNEXATION OF PROPERTY GENERALLY LOCATED ON DAYTON ROAD WEST OF THE NATIONAL ANIMAL DISEASE CENTER: Motion by Parks, Second by Campbell, to adopt RESOLUTION NO. 95-475 approving utility service agreement (NADL Daycare Center). Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Parks, Second by Campbell, to adopt RESOLUTION NO. 95-47 approving requested annexation of property generally located on Dayton Road west of the National Animal Disease Center. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. DISCUSSION OF SCHOOL CROSSING GUARD RECRUITMENT FOR ONTARIO/N. DAKOTA INTERSECTION: Assistant City Manager Bob Kindred said despite recruitment efforts, a crossing guard for the intersection of Ontario/North Dakota has not been hired and the intersection continues to be staffed by the City's three parking system enforcement officers. He said at an October 17 meeting with the Sawyer School principal and parents, a number of potential alternatives were discussed. He said the School Superintendent had indicated he would seek Board authorization for hiring of an interim Educational Assistant to assist students in learning to use the automated crossing in front of the school for a 90-day period. He said that would free the guard to move to the Ontario/N. Dakota corner. Annette Jensen, 1226 Idaho Court, said she believed the crossing guard position at Ontario/N. Dakota should not be removed. She said the safety issues involved have not changed since Council last discussed this matter. She suggested the City look at combining the guard position with other City jobs, such as creating a half-time Parks Maintenance worker/half-time crossing guard position. She said another alternative would be to combine the guard position with a part- time school position. She said she thought the City was out of line to dictate that school parents volunteer to serve as crossing guards. She questioned how they expected a volunteer school patrol to fill 540 shifts per year, when attempts to fill the position at $18/day have been unsuccessful. She said the City should continue to staff the position while recruitment efforts continue. Julie Larson, 1130 School Road, said she'd attended the October 17 meeting at Sawyer School. She said she felt the City was more concerned about their staff and parking ticket revenues than the safety of children. She said the new Sawyer principal has enough other problems to take care of, and as the largest school in Ames, Sawyer staff should not be diverted from attending to the students' educational needs. She said if recruitment attempts are unsuccessful, the City should continue to staff the Ontario/North Dakota intersection with permanent City employees reassigned from other tasks for the remainder of the school year, as approved in August. She said doing so would give the parents ample time to explore a crossing guard program or other alternative. Motion by Brown, Second by Campbell, to direct Staff that while continuing recruitment efforts, to relocate the current guard from the pedestrian signalin front of Sawyer School to the Ontario/North Dakota intersection, effective as of October 30; and at the same time, accept the School Superintendent's offer to assign a District staff person to assist children in learning to use the pedestrian signal for up to 90 days, during which time the Sawyer parents will organize themselves to assist at the signal on a volunteer basis, while working with the principal and District to pursue setting up a School Safety Patrol program for the future. includes the Wisconsin guard to be shifted westward during the mid-day crossing period if no children will be utilizing the crossing at that time of day. Cheryl Jensen, Sawyer School Principal, said she had understood Council had previously approved the guard position for one year. She said in view of what they thought was a one-year commitment, the last thing the school was going to do at the beginning of a busy school year was begin looking at alternatives to the crossing guard. She said the School District's offer for a 90- day interim Educational Assistant recognized that a guard might yet be recruited or a student patrol might be organized. She said however, it would take time to lay the groundwork for a Student Patrol Program. Ms. Jensen said it was important to remember that the School District's proposal was merely to provide a transition, not to completely assume responsibility for the guard. She was there was a division regarding what was City versus school responsibility. She said she also questioned the likelihood of finding volunteers for the position when there had been difficulties hiring a paid guard. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST FOR EXCEPTION TO APPENDIX "J" OF AMES MUNICIPAL CODE REGARDING SIGNAGE WITHIN SPECIAL SETBACK ALONG 6TH STREET (FIRST NATIONAL BANK): City Attorney John Klaus said the City had previously adopted 8 ordinances which established a "clear zone" in various locations between the building line and the street. He said those ordinances were adopted pursuant to a State law which is no longer in effect, but which had required the City to pay compensation to property owners affected by the ordinance. Coun. Brown left the meeting at 9:16 p.m. Richard Roseland, 315 Hickory Drive, said First National Bank was requesting a 5-foot setback from the property line. He said he felt the bank would be willing to move the sign if reason for the ordinance was discovered. Motion by Parks, Second by Campbell, to adopt RESOLUTION NO. 95-477 approving an exception to Appendix "J" of the Ames Municipal Code and authorizing First National Bank to install a sign on their property within the building line setback along 6th Street, with the stipulation that First National Bank remove the sign if reason for the ordinance is discovered. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Campbell, Second by Parks, to refer to Staff the process of deleting this item from the Municipal Code. Vote on Motion: 5-0. Motion declared carried unanimously. EAST LINCOLN WAY FRONTAGE ROAD PAVING PROJECT: Motion by Wirth, Second by Tedesco, to adopt Resolution No. 95-478 accepting completion of East Lincoln Way Frontage Road Paving Project, ordering final payment, determining amount to be assessed, and ordering final plat and schedule. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Wirth, Second by Tedesco, to adopt RESOLUTION NO. 95-479 adopting final assessment schedule; amending, confirming, and levying assessments. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. AUTHORIZATION OF MAYOR TO EXECUTE ACCESS PERMITS FOR BLOOMINGTON ROAD INTERSECTION WITH GRAND AVENUE: Motion by Campbell, Second by Parks, to adopt RESOLUTION NO. 95-480 authorizing Mayor to execute Iowa Department of Transportation Access Permits for Bloomington Road Intersection with Grand Avenue. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. AMENDMENT TO 28-E AGREEMENT FOR EARLY FLOOD WARNING SYSTEM: Motion by Hoffman, Second by Parks, to adopt RESOLUTION NO. 95-481 approving amendment to 28-E agreement for early flood warning system, with $26,600 expenditure to come from FEMA reimbursement balance. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON BLOOMINGTON ROAD SANITARY SEWER PROJECT: Mayor Curtis 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 approve final adoption of RESOLUTION NO. 95- 438, Resolution of Necessity. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Tedesco, Second by Campbell, to adopt RESOLUTION NO. 95-482 approving preliminary plans and specifications for Bloomington Road Sanitary Sewer Project; setting November 15, 1995 as bid due date and November 21, 1995 as date of hearing and award of contract. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON WATER POLLUTION CONTROL PLANT POTABLE WATER WELL PROJECT: Mayor Curtis declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Campbell, Second by Hoffman, to adopt RESOLUTION NO. 95-483 approving final plans and specifications, awarding contract and approving contract and bond for Northway Well & Pump Company of Waukee, Iowa, in amount of $23,191.00. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON INFRASTRUCTURE CABLING FOR INFORMATION SERVICES: Mayor Curtis declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Parks, Second by Wirth, to adopt RESOLUTION NO. 95-484 approving final plans and specifications and awarding contract to Dixon Enterprises, Inc. of Johnston, Iowa in amount of $41,355.00. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE AMENDING MUNICIPAL CODE PROVIDING EXEMPTION TO OUTDOOR STORAGE OF MOTOR VEHICLES REGULATIONS FOR VEHICLES IMMOBILIZED UNDER NEW OWI BILL: Motion by Tedesco, Second by Parks, to pass on first reading an ordinance amending Municipal Code to allow vehicles to remain parked on private property for more than 15 days without movement if pursuant to court order. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Campbell, Second by Parks, to suspend the rules required for adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Campbell, Second by Parks, to pass on second and third readings and adopt ORDINANCE NO. 3353 amending Municipal Code to allow vehicles to remain parked on private property for more than 15 days without movement if pursuant to court order. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. AMENDED ORDINANCE DESIGNATING SMOKE-FREE CITY BUILDINGS AND VEHICLES:Motion by Parks, Second by Tedesco, to pass on first reading revised amendment to the ordinance designating smoke-free City Buildings and Vehicles, effective May 1, 1996, reinstating the provisions related to smokeless tobacco. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE AMENDING CODE ZONING REGULATIONS TO INCLUDE "JUICE BARS" IN DEFINITION OF ADULT ENTERTAINMENT ESTABLISHMENTS: Motion by Parks, Second by Tedesco, to pass on second reading an ordinance amending the Municipal Code zoning regulations to include "juice bars" in the definition of adult entertainment establishments. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Parks, Second by Wirth, to suspend the rules required for adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Parks, Second by Wirth, to pass on third reading and adopt ORDINANCE NO. 3355 amending the Municipal Code zoning regulations to include "juice bars" in the definition of adult entertainment establishments. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE AMENDING CHAPTER 31 OF MUNICIPAL CODE, HISTORICAL PRESERVATION DISTRICTS: Motion by Campbell, Second by Parks, to pass on second reading an ordinance amending Chapter 31 of the Ames Municipal Code, dealing with Historical Preservation Districts. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Campbell, Second by Parks, to suspend the rules required for adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Campbell, Second by Wirth, to pass on third reading and adopt ORDINANCE NO. 3356 amending Chapter 31 of the Ames Municipal Code, dealing with Historical Preservation Districts. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE DESIGNATING PARKING PROHIBITIONS ON ROY KEY AVENUE FROM BLOOMINGTON TO TOP-O-HOLLOW: Motion by Parks, Second by Wirth, to suspend the rules required for adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Parks, Second by Wirth, to pass on second and third readings and adopt ORDINANCE NO. 3357 designating parking prohibitions on Roy Key Avenue from Bloomington to Top-O-Hollow. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. MUNICIPAL UTILITY RETIREMENT SYSTEM JULY 1, 1995 ACTUARIAL REPORT: Motion by Hoffman, Second by Parks, to approve Municipal Utility Retirement System July 1, 1995 Actuarial Report and establish a contribution rate of 13.92% to be effective January 1, 1996. Vote on Motion: 5-0. Motion declared carried unanimously. RECESS: Mayor Curtis called a recess at 9:30 p.m. RECONVENE: The regular meeting reconvened at 9:35 p.m. OVERVIEW SESSION FOR 1996-97 BUDGET: City Manager Steve Schainker reviewed the document entitled "Budget Issues for the 96/97 Budget, October 24, 1995." Motion by Campbell, Second by Parks, to direct Staff to use a projected 3.5% increase in local option tax revenues as a guideline in 1996/97 budget preparations. Vote on Motion: 5-0. Motion declared carried unanimously. Motion by Campbell, Second by Tedesco, to direct Staff to remove the Mary Greeley Medical Center projects portion from the City's Capital Improvements Plan. Vote on Motion: 5-0. Motion declared carried unanimously. COMMENTS AND FUTURE AGENDA ITEMS: Motion by Parks, Second by Hoffman, to place the request contained in October 16, 1995 letter from the Retired Senior Volunteer Program on the November 14 Council agenda. Vote on Motion: 5-0. Motion declared carried unanimously. City Manager Steve Schainker noted the public would have an opportunity to view the videotape from Land Use Policy Plan consultant Al Raby at 7:00 p.m. on October 26, in the Library Auditorium. Coun. Hoffman said it was important to let citizens understand the tape merely presented options, and not decisions the Council has already made. Coun. Hoffman said she had discussed with Senator Harkin the housing survey request received from City Staff. Housing Coordinator Vanessa Baker-Latimer she appreciated Council's backup to that letter. Coun. Campbell said the City had contacted the owner of The Pizza Pit regarding the amount of signage for his establishment. She said the owner was concerned about the time frame in which he had to redo his existing signage. Building Official Jeff Pearson provided background on how following a citizen complaint regarding the signage, Staff had inspected the signage and determined it was in violation of the City's Sign Code. He said the owner of the establishment had been contacted in September and given a date of November 1 to comply with the Code. He said the Building Official was not authorized to give a variance to the City's Sign Code. Coun. Campbell said the owner was willing to comply, but asked that Staff work with the owner of the establishment to allow more time to redo the signage, and bring a timetable expectation to the Council. ADJOURNMENT: The meeting adjourned at 10:20 p.m. Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor