Loading...
HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 09/28/1993MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA SEPTEMBER 28, 1993 The Ames City Council met in regular session at 7:00 p.m., September 28, 1993, in the City Council Chambers in the City Hall, 515 Clark Avenue, pursuant to law with Mayor Curtis presiding and the following Council Members present: Hertz, Hoffman, Parks, and Wirth. Couns. Brown and Campbell were absent. ADOPT A BOOK WEEK: Mayor Curtis presented a proclamation to Lynn Carey, Ames Public Library, proclaiming October 2 through October 10, 1993 as Adopt a Book Week in the City of Ames. FIRE PREVENTION WEEK: Mayor Curtis presented "Freddy the Fire Engine" and representatives from the Ames Fire Department with a proclamation designating October 3 - October 9, 1993 as Fire Prevention Week within the City of Ames. Fire Chief Mike Childs reviewed activities for the week. He said the Fire Safety Booth will be at North Grand Mall this week from 5 p.m. to 9 p.m., with an large equipment extravaganza on Saturday, October 2. He said the new Fire Safe House would also be introduced at that time. CONSENT AGENDA: Coun. Parks asked that items #4 and #13 be removed from the Consent Agenda for separate consideration. Motion by Parks, Second by Hoffman, to approve the following items on the Consent Agenda, removing Items #4 and #13 for separate consideration: Motion to approve payment of claims Motion to approve minutes of regular meeting of September 14, 1993 (Removed for separate consideration; see action at the end of this section) Motion to approve renewal of the following beer and liquor licenses: a. Class B Beer - Happy Joe's, 551 S. Duff b. Class C Beer - Doc's Stop #5, 2902 E. 13th Street c. Class E Beer - Hy-Vee Food Store, 3600 West Lincoln Way d. Class E Beer - Save-U-More, 538 South Duff e. Class E Beer - Drugtown, 3700 West Lincoln Way f. Class C Liquor - Hunky Dory's, 300 S. 17th Street g. Class C Liquor - Cy's Lounge, 119 Main Motion to approve Civil Service Applicants Motion to set October 26 at 5:00 p.m. as date of special meeting for presentation on Planning and Zoning Commission H-M Land Use Policy Study RESOLUTION NO. 93-358 approving release of real estate mortgage RESOLUTION NO. 93-359 approving request to subordinate Affordable Housing mortgage liens for properties located at 438 Ken Maril Road and 1424 Burnett Avenue RESOLUTION NO. 93-360 accepting bids and awarding contract to Layton Mfg. Company of Salem, Oregon in amount of $25,322.00 for asphalt paver, tow-type, for Public Works Department RESOLUTION NO. 93-361 accepting bids and awarding contract to Wright Chevrolet of Carlisle, Iowa in the amount of $39,099.81 for replacement vehicles RESOLUTION NO. 93-362 accepting completion of Ames Community Industrial Park Improvements Program Resolution accepting completion of Ontario Bike Path Project (Removed for separate consideration; see action at the end of this section) RESOLUTION NO. 93-364 approving agreement with respect to parking easement at 3721 Calhoun Avenue for Ames Jewish Congregation Roll Call Vote: 4-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SEPARATE CONSIDERATION: MINUTES OF SEPTEMBER 14, 1993: Motion by Parks, Second by Hoffman, to amend the minutes of September 14, 1993 as proposed by the City Clerk. Vote on Motion: 4-0. Motion declared carried unanimously. Motion by Parks, Second by Hoffman, to approve the minutes as amended. Vote on Motion: 4-0. Motion declared carried unanimously. ACCEPTANCE OF COMPLETION OF ONTARIO BIKE PATH PROJECT: Coun. Wirth said she wished to abstain from voting on this item, as the contractor was a relative. Mayor Curtis noted that since this item was a resolution, requiring a majority of the whole number of Council members to pass, an abstention would require this item to be tabled until such time as four voting members were present. Motion by Parks, Second by Hoffman, to table this item. City Attorney John Klaus said no legal conflict of interest existed if Coun. Wirth had no financial interest in the contract. Mayor Curtis noted Coun. Wirth has consistently disclosed the fact that a relative is involved in this project, but that she has no financial interest in it. The Motion and Second to table were withdrawn. Motion by Parks, Second by Hoffman, to adopt RESOLUTION NO. 93-363 accepting completion of the Ontario Bike Path Project. Coun. Hoffman said many garbage cans are now being put out on the bike path and sidewalk, and sometimes are there all day long. She said that was inappropriate and requested that staff follow up on the matter. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: Merlin Pfannkuch, 1424 Kellogg, said the Hospital Board of Trustees' recent discussion regarding delaying the MGMC expansion project yet continuing to move and demolish houses in the location of the proposed parking ramp would violate the land use and development agreement signed with the City. He said this was the second time the Hospital had not followed the 2 developer's agreement, and asked what could be done to ensure that the Hospital more faithfully follows that agreement. Coun. Parks asked for the City Attorney's opinion as to whether the Hospital was now in violation of the developer's agreement. City Attorney John Klaus said the Hospital was not in violation of the agreement at this time, but that Mr. Pfannkuch's reminder was timely and may have contributed to the avoidance of a problem. Mr. Pfannkuch said the Hospital should not have proceeded with plans to move the houses until they were further along in the project. He said he would say they were in violation of the agreement. City Attorney Klaus disagreed, and said it was a problem of coordinating details. He said, however, there was a clause in the development agreement which said that the sites which were acquired for Hospital expansion will not be changed in use until permits have been issued for the phase that pertains to that site. He said he could see where it was a reasonable interpretation that making a house and lot into a vacant lot was a change in use. He said it was also possible that someone could have a different interpretation. He said the Hospital staff is mindful of this clause now, partly in thanks to Mr. Pfannkuch's reminder, and will work the matter out. Coun. Hoffman asked if some of the houses in question have been sold. City Attorney Klaus said two separate properties have been made available to two different individuals. He said those takings would have to be delayed or coordinated with the approval of the plan, or some other alternative would have to be worked out. Mr. Pfannkuch said the Hospital's Certificate of Need application, as filed with the State, had also not been in agreement with the developer's agreement. He said the Council had subsequently amended the agreement in August of 1992. He requested that the Council ask the Hospital to develop a detailed accounting of expenses spent in connection with this project to this point. He said he felt considerably more had been spent than the $1 million reported by the Daily Tribune. He suggested it might also be time to start thinking about an independent financial audit of the Hospital. He said if the Hospital affiliates with another entity, that entity might want more detailed information. He also requested clarification as to what would be done with the Hospital bonds that have been issued if the expansion project were to be stopped or substantially delayed. REQUEST FROM DOWNTOWN BETTERMENT ASSOCIATION TO PAY TRIBUTE TO TOM EVANS: Motion by Parks, Second by Hoffman, to approve a request from the Downtown Betterment Association to rename Burnett Plaza to Tom Evans Downtown Plaza, and to place a bronze commemorative plaque in the renamed plaza. Coun. Hertz asked what other public places had been named specifically for individuals. There was discussion and Stuart Smith Park was cited as an example. Vote on Motion: 4-0. Motion declared carried unanimously. REQUEST FOR MARY GREELEY AUXILIARY BANNER ON MAIN STREET AND 3 KELLOGG: Motion by Hoffman, Second by Parks, to approve request from Mary Greeley Auxiliary to hang banner on Main Street and Kellogg from November 1-22, 1993. Vote on Motion: 4-0. Motion declared carried unanimously. REQUEST FOR ENCROACHMENT PERMIT AT 127 WELCH: Motion by Wirth, Second by Hertz, to approve request for encroachment permit to allow an awning at 127 Welch Avenue. Vote on Motion: 4-0. Motion declared carried unanimously. REQUEST FOR ENCROACHMENT PERMIT AT 2504 LINCOLN WAY: Motion by Hoffman, Second by Wirth, to approve request for encroachment permit to allow a canopy at 2504 Lincoln Way. Vote on Motion: 4-0. Motion declared carried unanimously. Mayor Curtis noted Item #18, a request from Alpha Kappa Lambda, had been removed from tonight's agenda. ORDINANCE PROHIBITING PARKING ON SOUTH FIFTH STREET AND WALNUT AVENUE: Motion by Hoffman, Second by Wirth, to pass on first reading an ordinance prohibiting parking on South Fifth Street and Walnut Avenue. Roll Call Vote: 4-0. Motion declared carried unanimously. ORDINANCE PROHIBITING PARKING ON HICKORY: Motion by Hoffman, Second by Wirth, to pass on first reading an ordinance prohibiting parking on Hickory. Roll Call Vote: 4-0. Motion declared carried unanimously. ORDINANCE DESIGNATING BUS LOADING ZONE ON DUFF AVENUE BY NORTHWOOD SCHOOL: Motion by Hoffman, Second by Parks, to pass on first reading an ordinance designating a bus loading zone on Duff Avenue by Northwood School. Coun. Wirth asked for clarification as to whether this zone was on Duff or on 30th Street. Public Works Director Paul Wiegand said the proposed zone would be on Duff Avenue. Roll Call Vote: 4-0. Motion declared carried unanimously. ORDINANCE PROHIBITING PARKING ON WILSON AVENUE ADJACENT TO AMES SCHOOL'S MAINTENANCE BUILDING DRIVEWAY: Motion by Parks, Second by Hoffman, to pass on second reading an ordinance prohibiting parking on Wilson Avenue adjacent to the Ames School's Maintenance Building driveway. Roll Call Vote: 4-0. Motion declared carried unanimously. ORDINANCE ADDING DAYTON ROAD AND HYLAND AVENUE AS EXCEPTIONS TO LINCOLN WAY'S THROUGH-STREET DESIGNATION: Motion by Hertz, Second by Parks, to pass on second reading an ordinance adding Dayton Road and Hyland Avenue as exceptions to Lincoln Way's through-street designation. Roll Call Vote: 4-0. Motion declared carried unanimously. 4 ORDINANCE INCREASING OVERTIME PARKING FINES: Motion by Hoffman, Second by Parks, to pass on second reading an ordinance increasing overtime parking fines. Roll Call Vote: 4-0. Motion declared carried unanimously. ORDINANCE IMPLEMENTING HANDICAP PARKING SYSTEM: Motion by Wirth, Second by Hoffman, to pass on second reading an ordinance implementing a handicap parking system. Roll Call Vote: 4-0. Motion declared carried unanimously. ORDINANCE REZONING PROPERTY AT 308 STANTON AVENUE FROM R-3 (MEDIUM-DENSITY RESIDENTIAL) TO R-4 (HIGH-DENSITY RESIDENTIAL): Motion by Parks, Second by Hoffman, to pass on third reading and adopt ORDINANCE NO. 3239 rezoning property at 308 Stanton Avenue from R-3 (Medium-Density Residential) to R-4 (High- Density Residential). Roll Call Vote: 4-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REZONING PROPERTY LOCATED SOUTH OF 24TH STREET AND WEST AND NORTHWEST OF PINEHURST DRIVE AND EAST OF BERTHA MOORE MEMORIAL PARK FROM R-3 TO R 1-6 PUD: Motion by Hertz, Second by Parks, to pass on third reading and adopt ORDINANCE NO. 3240 rezoning property generally located south of 24th Street and West and Northwest of Pinehurst Drive and East of Bertha Moore Memorial Park (Arbor on the Green Subdivision) from R-3 (Medium Density Residential) to R 1-6 PUD. Roll Call Vote: 4-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REVISION TO 1993-94 CIP: Motion by Hoffman, Second by Wirth, to adopt RESOLUTION NO. 93-365 approving revision to 1993-94 Capital Improvement Program. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMPLETION OF INIS GROVE RESTROOM PROJECT: Motion by Parks, Second by Hertz, to adopt RESOLUTION NO. 93-366 accepting completion of Inis Grove Restroom Project. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SELECTION OF CONSULTANTS FOR LUPP AND SUBDIVISION ORDINANCES UPDATE: Motion by Parks, Second by Hoffman, to adopt RESOLUTION NO. 93-367 approving selection of consultants for update of the Land Use Policy Plan and Zoning and Subdivision Ordinances. Bob Shaffer, 618 Freel Drive, requested that Council not approve this selection and refer the item back to staff for additional information. He said $130,000 seemed like a lot of money for something the City already has. 5 Dave Devereaux, 1904 E. Lincolnway, said he too questioned spending $130,000 when an LUPP is already in place and is not followed. He said he was one of the individuals affected when the City didn't follow through with its present LUPP. He said a Mason City firm submitted a proposal for this project, and was not even interviewed. He said an Iowa firm should be involved in this project. He said the matter should be referred back to staff for additional information. Coun. Parks asked what additional information was desired. Mr. Devereaux said he would like to know what other groups were interviewed and if an Iowa group was among them. He said he didn't see how a group from Nashville, Tennessee could relate to Ames. He said he didn't like to see people from out of state coming in and earning money in Ames when people in Iowa were qualified to do the work. He said Iowa contractors were always given first option on State jobs, and he felt the City should have a similar policy. He said his biggest concern, however, was that the present LUPP was not being followed. Coun. Wirth said the LUPP was a plan, and there would be reasons for varying from the plan from time to time. She said the rezoning Mr. Devereaux referred to was one of those instances. She said she didn't agree with everything that was in the present plan, and was certain other Councilors didn't either. Mayor Curtis noted State law requires the LUPP to be amended every 10 years. He said the issue before Council was whether or not the selection of the recommended consultants was appropriate, not whether the Plan was followed. Planning and Housing Director Brian O'Connell said the LUPP was last amended in 1988. He reviewed the selection process, as contained in the Council Action form. He said a firm from Mason City responded to the RFQ, but the selection committee felt that firm did not have the experience of doing a plan for a university community similar to Ames. He said the selection committee made it clear that they reserved the right to pick and choose the best team for the community. He said in addition to updating the LUPP, the consultants would also be revising the zoning and subdivision regulations. He reminded Council that this stemmed from a Chamber of Commerce initiative to scrutinize the City's development approval process. Coun. Parks said he felt it was germane to discuss whether or not they should spend $130,000 on the project, and said he would support doing so because he felt the present LUPP quite often doesn't work. He said he didn't feel this Council had been as responsible as they should be in terms of following their own plan. City Manager Steve Schainker suggested that prior to developing a scope of services for this project, the consulting team interview people in the community and Councilors to learn what the expectations are. He suggested the process be very open and similar to the process used during the Building Codes revisions. He said it would be a very lengthy process, but the result would be a document the City and the community could live with. He said they were striving for a vision and a tool to help accomplish development, not prohibit it. 6 Coun. Wirth asked the expected completion date for the project. Mr. O'Connell said an 18 month time frame had been set. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE PROHIBITING PARKING ON MEADOWLANE BY CARR POOL: Motion by Hoffman, Second by Parks, to direct City Attorney to prepare an ordinance prohibiting parking on Meadowlane by Carr Pool. Vote on Motion: 4-0. Motion declared adopted unanimously. PROJECT AGREEMENT WITH DOT ON SOUTH DUFF AVENUE WIDENING PROJECT AND REPORT FROM SOUTH DUFF IMPROVEMENT ASSOCIATION REGARDING ASSESSMENT DISTRICT: It was noted the representative from the South Duff Improvement Association had not yet arrived, and the Council would proceed to the next item on the agenda. City Manager Steve Schainker reviewed the history of this project, saying it was originally a traffic safety project for South Duff in conjunction with the DOT. He said the project was to widen South Duff Avenue from Squaw Creek to just north of South 3rd Street to create a continuous left turn lane. He said at the same time as the study, the South Duff Improvement Association engaged the services of Michael Freedman to develop a streetscape improvement, and there was an effort to coordinate both objectives. He said the Association and Staff had tried to work with the DOT, but were not able to accomplish elements of Michael Freedman's design due to DOT regulations for clear zones. Mr. Schainker said in addition to the trees removed for the lane itself, DOT regulations would require a substantial removal of mature trees on the east side of South Duff. He said Council had to first decide if they wanted to accomplish the traffic safety project, and the second step would be to decide if they wished to proceed with the ornamental lighting for only a segment of South Duff. He said there was no commitment that ornamental lighting would be installed to the south and north of the project area. Public Works Director Paul Wiegand showed a videotape of the trees on South Duff, saying the project would involve cutting the mature trees down and replacing them with trees within the DOT's regulated setback. Ken Augustine, South Duff Improvement Association, said the Association had previously addressed Council regarding the possibility of a self-taxing district being formed to help pay for the streetscape improvements. He said since that time, several property owners have expressed concerns that they would be paying for a project that had been seriously compromised by the need to adhere to DOT regulations. He said what had been an exciting proposal would now be a barren landscape. He said some individuals who had initially offered to help gather support for the self-taxing district have declined to do so after receiving their property tax assessments. He said a final concern was the effect of recent flooding on the smaller businesses in the area. He said putting those factors together, it was doubtful the required 25% of the property owners would agree to a self-taxing district at this time. 7 Mr. Augustine said he agreed with the City Manager's outlining of the situation. He said as a property owner, he felt approving only the widening project would be a step backwards. He said rather than take the DOT's approach for the left-turn lane and removing the trees, he would prefer signalled left turns at South 3rd and South 5th. There was discussion of how the DOT's clear zone requirements were currently 14 feet, yet they'd offered to compromise in this instance and allow a 10 ft. clear zone. Public Works Director Paul Wiegand said the compromise was based on the fact that the clear zone requirements changed from 10 ft. to 14 ft. during the development of this project. He said as additional studies are being done to recognize the potential for damage and injury due to off-the-road accidents, the DOT has increased the clear zone requirements. Mr. Wiegand said there were over 240 accidents in that area between 1987 and 1991, more than double the statewide average. He said a total of 86 accidents occurred at the intersections of South 3rd and South 5th in that same four-year period, while an additional 152 non-intersection accidents occurred in the area. Coun. Parks expressed frustration at the situation. However, he said he felt it was time to take care of the traffic study issue and the lighting issue, and not miss the opportunity of DOT participation in funding the project. Coun. Hertz disagreed and said they had to deal with the safety issue but not the aesthetic issue. She said she didn't envision the lights without the other elements of the original Freedman design. She said they should revisit the design issue to see what can be done under the DOT regulations. Coun. Wirth said the safety issue had to be dealt with, but the lighting was only one element of a multi-faceted plan. She said they'd lost so many of the other elements that many of the assumptions the plan was based on were no longer true. Coun. Parks said he would agree that a new plan might be needed. He said if they were going to proceed with the Freedman plan, however, it made sense to put the lighting in now, rather than losing $55,000 by not having the DOT participate in that portion of the project. City Manager Schainker said there may also be condemnation processes resulting from the DOT's requirements concerning access rights. Motion by Wirth, Hoffman, to adopt RESOLUTION NO. 93-368 approving the agreement with the Iowa DOT for the widening of South Duff Avenue from Squaw Creek to north of South 3rd Street, but not including ornamental lights and other streetscape design concepts. Coun. Hoffman said she agreed that this project started as a safety project. She said putting in a few ornamental lights would not be the answer to the streetscape in this area, and if funds were to be spent, she would rather spend the money on putting in larger trees or improving the existing signage. City Manager Schainker suggested the agreement be amended to allow a longer time frame for completion of the project. 8 Motion by Parks, Second by Wirth, to amend the motion to stipulate an August 30, 1995 completion date. Vote on Motion to amend: 4-0. Motion declared carried unanimously. Roll Call Vote on Motion as amended: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PLANS AND SPECIFICATIONS FOR SOUTH DUFF AVENUE WIDENING PROJECT: Public Works Director Paul Wiegand said the project itself did not include purchase and installation of the ornamental lights. He said he did not envision a problem with DOT approval of the interval proposed for cobra lights. Motion by Parks, Second by Hertz, to adopt RESOLUTION NO. 93-369 approving preliminary plans, specifications, and cost estimate for South Duff Avenue Widening Project, setting October 20, 1993 as bid due date and October 26, 1993 as date of hearing and award of contract. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. BLUE COLLAR CONTRACT: Motion by Parks, Second by Wirth, to hold a closed session as provided by Section 20.17(3), Code of Iowa, to discuss collective bargaining strategy. Vote on Motion: 4-0. Motion declared carried unanimously. The closed session began at 8:24 p.m. RECONVENE: Motion by Parks, Second by Hoffman, to reconvene the regular session. The regular session reconvened at 8:34 p.m. Motion by Parks, Second by Hoffman, to adopt RESOLUTION NO. 93-370 approving agreement to implement the Family & Medical Leave Act for bargaining unit employees. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Coun. Wirth said she wished to compliment the Ames High School students and principal on the successful parade. Coun. Wirth expressed concern that the Council was not moving forward on the issue of affordable housing. Motion by Wirth, Second by Hertz, to request that the City Clerk poll the Council members to determine a date for a special meeting to hold the second phase of the Affordable Housing worksession. Vote on Motion: 4-0. Motion declared carried unanimously. Coun. Hoffman said she attended the Electric Department's Open House and said it was very well done. 9 ADJOURNMENT: The meeting was adjourned at 8:35 p.m. Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor 10