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HomeMy WebLinkAbout~Master - Special and Regular Meetings of the Ames City Council 10/26/1993MINUTES OF THE SPECIAL AND REGULAR MEETINGS OF THE AMES CITY COUNCIL AMES, IOWA October 26, 1993 The Ames City Council met in special session at 5:05 p.m., followed by a regular meeting, on October 26, 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: Brown, Campbell, Hertz, Hoffman, and Parks. Couns. Wirth arrived at 5:10 p.m. WORKSESSION WITH PLANNING AND ZONING COMMISSION ON H-M LAND USE POLICY STUDY : Brian Espeland, Chair of the Planning and Zoning Commission, reviewed the following recommendations, as contained in the Commission's H-M Land Use Policy Study Report: 1. Adoption of a new list of permitted uses for the H-M district, and a list of special uses to replace permitted uses presently included in the Municipal Code. 2. Adoption of zoning requirements for the H-M district that would require a minimum building height of 2 stories, and would vary the off-street parking required if a "shared parking agreement" is in effect. 3. Expansion of the H-M district one-half block east to Carroll Avenue between East 13th Street and East 10th Street, extended. 4. Adoption of minimum standards for landscape screening and buffering along the Land Use Policy Plan (LUPP) Map boundary of the H-M district. 5. The Commission proposed a list of permitted and special uses for a new medical zoning district, but did not designate a location for such a district. 6. The Commission recommended that the City Council not designate a location for an alternate medical zone, and encouraged the City Council to communicate to the University, through the health care committee, about the possibility of shared health care services between ISU and the public. 7. The Commission proposed a policy for relocation of houses out of the H-M zone to provide area for development by medical land uses. The proposed policy requires that a reasonable attempt be made by the developer to relocate the house if the house is in a condition suitable for moving. Commissioner Espeland explained the variety of methods the Commission used to obtain input and to arrive at their decisions, saying over 50 meetings had been held on this issue. He reviewed the background of the issue, saying one of the top priority goals set by the City Council in January of 1990 was to develop a revised H-M zoning ordinance concerning uses and boundaries. He said in September of 1991, the Council approved a list of six policy options for the H-M zoning and directed the Planning and Zoning Commission to conduct public meetings to study and gain input on the options. He reviewed the six policy options as contained in the Report, noting Options No. 7 and No. 8, added at a later date, were also included. He reviewed the schedule of meetings with medical providers, the immediate neighborhood, and the public at large. Comm. Espeland said medical providers seemed to support expansion of the existing H-M zoning district, while residents of the immediate neighborhood favored no expansion. He said all community segments agreed on the following: a. The health care industry is very important to the local economy and quality of life, and should be allowed to expand somewhere in the community. b. The H-M land use policy should be long term and should be clearly stated to facilitate future plans by all parties concerned. The Planning and Zoning Commission agreed on a 25-year time frame during which the newly adopted H-M land use policy would be used for planning purposes. c. Medical-related land uses should continue as a permitted use in all commercial zoning districts. Coun. Campbell asked why the boundary of the recommended expansion area was along streets rather than mid-block. Comm. Tedesco said the original expansion request was located in the eastern portion of the already half-block, and the Commission felt the street became a better buffering area from the neighborhood. He said there was also some talk of limiting access off Carroll to keep an inner-campus idea. Coun. Wirth asked why the area south of 11th Street was included in the recommended expansion area. Comm. Espeland said the Commission was looking for areas that could be tied in for buffering the entire area. Comm. Swanson said the medical providers gave ideas of what they would need for expansion purposes, and the recommendation was an attempt to meet that need. Comm. Espeland said it was difficult for the medical providers to try to project within the assigned 25-year plan, and said most of the projected needs were for the initial 5 to 7 year period. Coun. Wirth said those predictions were made before President Clinton's election and radical changes in health care plans. She said the same question today might bring different responses. She said it was hard to translate those predictions into a land-use plan, and she felt it may be too early to know the impact of those changes in health care. Coun. Brown asked why there had to be a contained hospital-medical area. Comm. Espeland said the medical providers wanted to be near the hospital. He said the Commission felt the Hospital itself did not have to be duplicated in any other part of the community. Comm. Tedesco noted the recommended plan did not limit H-M use to one area. He said when the original H-M zone was designated 25 years ago, a number of providers were allowed in the zone that might not be included today. There was discussion about the list of permitted uses included in the Report, and how to address non-conforming uses. Coun. Wirth said limiting the number of permitted uses was a major way to limit expansion and ensure space was used most efficiently. She said if there was agreement that neighborhoods surrounding the area were important, some difficult decisions would have to be made. Comm. Tedesco agreed, and said that was one reason the Commission recommended that any new 2 construction be vertical, including additions to existing structures if the enlargement equalled 50% or more of floor area, and that shared parking be encouraged to reduce concrete sprawl. There was discussion about the recommendation for shared parking to ensure parking lots in the area are used to their fullest extent, and about the interior and exterior buffering requirements for shared lots. Coun. Parks suggested that the interior buffering requirement be less than the exterior requirement for two adjacent facilities. Coun. Wirth asked whether the Commission had discussed incentive programs for development stacked parking or a parking ramp on the east side of Duff. Comm. Espeland said the Commission had discussed incentive programs but did not have any proposal for Council at this time. Planning and Housing Director Brian O'Connell said he felt it was unlikely 8 or 10 small property owners would be able to join together to develop a parking structure. Coun. Wirth disagreed and said she felt Ames was going to have to recognize the need for parking structures to ensure efficient use of land. Comm. Tedesco said because outward expansion had previously been allowed on request, it seemed unfair to suddenly not allow people to expand their existing businesses. He said this recommendation would put them on notice that expansion was only going to a certain point, and that in order to expand, business owners would have to be prepared to consider such things as vertical expansion and shared parking. Coun. Wirth disagreed. She said there had always been a zoning line. She said it was previously moved if the Council approved doing so, and said that would continue to be the case. Comm. Tedesco said not every structure in the current zone had been designed to build up additional floors, and the only available option would be to destroy the current structure and start over. He said he was not sure that was a positive move. Comm. Espeland said options such as a walkway system would allow vertical expansion without losing the campus atmosphere. He said the Commission also recommended consideration of other parts of the community for certain medical providers, noting they could currently locate in any commercial area. Comm. Swanson said he felt many of the facilities currently in the zone didn't have to be close to the Hospital, citing dentists, oral surgeons, and ophthalmologists. Coun. Campbell agreed and said she felt while those locations might be convenient, they didn't deal with the space crunch. Comm. Tedesco said if an existing business owner wanted to retire, they would be limiting to whom that business could be sold. Coun. Brown commended the Commissions' work on this issue, but said she wished they would have taken these ideas one step further to look at creative uses of the land. She said she questioned why they were making residents come to this center, when the community stretched from Northridge to Teagarden. Comm. Espeland said the Commission had originally looked at 11 areas in which a second zone could be located. He said they do recognize another zone will be needed, but felt it should be 3 designated at a later date. Mayor Curtis questioned why another area should be designated. He said the only reason the current zone has grown is because the Hospital and Clinic created a synergism in that neighborhood that he doubted would be duplicated in another zone. He said medical uses were not precluded from going into all other available commercial land. He said the only way to make a second designated zone work would be to make medical activities a non-permitted use in all other zones. Comm. Tedesco agreed and said if they designated an area, they would limit the use and potential sale of that area. He said he had suggested the City communicate with the University regarding the possibility of constructing a shared facility for both student and private health care. Mayor Curtis said ISU has indicated they are not interested in pursuing that possibility. Coun. Hertz said she did not feel it was credible to draw this line as an expansion limit and assume that it will not be moved upon a future request. She said designating a second zone would provide an alternative. She said however, she agreed that unless there was a principal player who was willing to go into this zone, it might be premature to designate one in advance of any medical provider coming forward. Coun. Parks agreed and said they needed to have an anchor project before the land was designated. There was discussion regarding the recommended permitted uses for the alternate zone, as contained in the Report. Coun. Parks asked whether the Commission had considered identifying existing uses within the existing boundaries, and assigning a more restrictive set of uses to any expansion. Coun. Campbell noted the recommendation was to keep medical providers a permitted use in commercial areas. She said there seemed to be competing philosophies in the recommendation. She asked whether there had been any consideration of grandfathering in the existing facilities and using new providers as the core of a new zone. Coun. Brown said when the Council gave direction to the Commission, they confined that direction to expansion of this area. She suggested they consider incentives to have medical facilities as an anchor for commercial revitalization policies. There was discussion regarding the current policy of the City as contained in the Report, and the difficulty of expecting how much space was going to be needed in the future and when it would be needed. Mayor Curtis said if they felt this was going to be the space that would be needed in the next 25 years, they should look at ways to concentrate the needs of that area in order to maximize use. He said the City would need to be proactive and deal with issues such as designing a campus east of Duff. Coun. Wirth agreed and said otherwise they would wind up with two-story buildings in the same dilemma the one-story buildings were in now. Coun. Campbell said her concern was that they couldn't see what was beyond the immediate future so they were doing this to fix the current problem. She said she was concerned about not designating a second site and having to go through this same exercise in the future. She suggested 4 they revisit the policy of allowing medical uses in commercial spaces. Coun. Brown agreed. She said they had a strong policy for commercial revitalization, and had some of the infrastructure in place in some potential second site areas. She said this would be an opportune time with the consultants looking at the LUPP. She said she thought it would be an exciting concept. Coun. Parks said he didn't think they could prohibit new construction in commercial districts if there was no new H-M zone available for medical providers. Planning and Housing Director Brian O'Connell noted Staff and the Commission did not agree on the alternate zone. He said the Staff felt it was in the interest of the City to continue provision of regional medical service, and that if the current location were not going to be expanded to any degree, a second site would be needed to continue to provide that service. Coun. Parks asked whether they were recommending the second site be of the size that a competing hospital could come in and take it over. Director O'Connell said the Commission and Staff were never convinced that another hospital would be coming to this location. He said medical providers all cited advantages of being located in an area of similar uses. He said if the land-use makeup has been instrumental in the success of the current zone, they wanted to create the ability to do it again. He said the difficulty of predicting what health care systems would look like in the future was one reason the recommended list of permitted uses for the alternate zone had been expanded. Commissioner Swanson said he felt the medical community grew with the University, and the location wasn't the main reason the medical providers were here. Coun. Wirth asked about the number of houses that would be removed by the proposed expansion and the process for replacing them. Comm. Espeland said there were approximately 20 houses east to Carroll, but a dollar cost of replacing those homes had not been calculated. Coun. Wirth said they had spent much time talking about medical interests, but were not talking about housing. Coun. Parks said they needed to address the housing issue, but said they also needed to consider that confining the existing district and building a ramp would mean that $200,000-$500,000 buildings would have to be restructured. He said those costs, plus the costs of building the parking structure, would be reflected in health care costs. He said there were balances and trade-offs both ways. Coun. Campbell said the housing issue was inherent in why the recommended expansion was limited. Planning & Housing Director O'Connell noted the Report recommended the Council adopt a policy that as a condition to grant a rezoning, a property owner must prove they are making a reasonable effort to relocate the home. He said it was an effort on the part of the Commission to address the housing issue. Coun. Wirth said she agreed it was a step in the right direction, but was not convinced it would be successful in doing much to replace the houses that would be lost. She suggested they consider an incentive program to address the affordable housing issue. Mayor Curtis said the zoning designation has nothing to do with the loss of the home for any particular use. He said it was a private property owner decision as to whether they wanted to sell 5 or not. Coun. Brown said the designation makes it very profitable to sell that home, and the result is that the house is no longer available to a low to moderate income person. Coun. Brown said she would like to have Staff consider an alternate zone, but in combination with other things, rather than in a block of 40 acres. Coun. Parks agreed looking at an alternative medical zone was appropriate, but felt it should be addressed as a separate issue so they could address location, size, etc. He said he felt they had to be prepared to address that idea as they look at land- use development. Coun. Wirth suggested these recommendations be placed on a future agenda for more discussion and then consider some action. She said it would be helpful to have the LUPP consultant's perception of this issue. Coun. Hertz asked whether the recommendations included that the City would develop a design for the campus proposed in the expansion area. She said she didn't see how this would end up being a campus without some sort of plan. Motion by Brown, Second by Wirth, to direct Staff to bring back the recommendations contained in the Planning and Zoning Commission's H-M Land Use Policy report on a future Council agenda, for a decision on whether or not to proceed on the recommendations. Vote on Motion: 6-0. Motion declared carried unanimously. RECESS: Mayor Curtis called a recess at 7:00 p.m. RECONVENE: The regular meeting convened at 7:08 p.m. CABLE TV COMMISSION ANNUAL REPORT: Allan Schmidt, Chair of the Cable TV Commission, introduced the Commission members and reviewed the one-page overview Council received in the Council packet. There was discussion regarding the schedule of re-running government access programs. Assistant to the City Manager Sheila Lundt explained that re-runs of meeting tapes are generally shown at noon the following day, and may also be re-run at 4 p.m. if time permits. She said both the government and public access programs are listed in the Ames Tribune Weekender TV schedule. She said citizens could also call the Cable TV office for the government access number. She said there are meetings nearly every night, and it's difficult to know how long each meeting is going to last. She said Staff could experiment with starting reruns of meeting tapes at 10:00 p.m. There was discussion regarding what kind of expansion might be expected in terms of total services over the next five years and regarding the number of subscribers vs. the number of potential subscribers. Coun. Wirth asked the process residents should follow if they have complaints regarding areas not being returned to original condition when Cable-TV has been installed. Ms. Lundt said citizens should contact either herself or the City Building Inspector. CONSENT AGENDA: Motion by Campbell, Second by Parks, to approve the following items on the Consent Agenda: 6 Motion to approve payment of claims Motion to approve minutes of regular meeting of October 12, 1993 Motion to approve renewal of the following beer and liquor license: a. Class B Beer - Ruttles, 531 S. Duff Ave. Motion to approve support for City Manager's quest for ICMA presidency RESOLUTION NO. 93-396 approving appointment of Suren Gupta to Human Relations Commission RESOLUTION NO. 93-397 approving contract with Youth Orchestra for 1994-95 funding RESOLUTION NO. 93-398 approving release of real estate mortgages RESOLUTION NO. 93-399 approving contract and bond for Field Service Associates, Inc. in the amount of $43,024.00 for Unit No. 8 Precipitator Project RESOLUTION NO. 93-400 approving agreement with Youth and Shelter Services for Monitoring Juveniles RESOLUTION NO. 93-401 accepting bids for overhead and padmount transformers and awarding contracts RESOLUTION NO. 93-402 waiving formal bidding procedures and approving contract with Capital City Boiler and Machine Works, Inc. of Des Moines in the amount of $36,650 for Boiler #8 secondary superheater repair work Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: No one present wished to speak during this portion of the meeting. REQUEST FROM RCA STUDENT GOVERNMENT TO ALLOW UNDER-AGE ON PREMISES: Motion by Parks, Second by Hoffman, to approve a request from RCA Student Government to allow under-age persons on the premises of the Coliseum Nightclub while alcohol is being served on November 5, 1993 from 7:00 p.m. to 1:30 a.m. Vote on Motion: 5-1. Voting Aye: Campbell, Hertz, Hoffman, Parks, Wirth. Voting Nay: Brown. Motion declared carried 5-1. REQUEST FROM PSI SIGMA EPSILON, ALPHA ZETA, AND G.D.S.A. TO ALLOW UNDER-AGE ON PREMISES: Motion by Hoffman, Second by Parks, to approve a request from Pi Sigma Epsilon, Alpha Zeta, and the G.D.S.A. to allow under-age persons on the premises of Hunky Dory's while alcohol is being served from 6:00 p.m. on October 31, 1993 to 1:30 a.m. on November 1, 1993. Vote on Motion: 5-1. Voting Aye: Campbell, Hertz, Hoffman, Parks, Wirth. Voting Nay: Brown. Motion declared carried 5-1. REQUEST FROM ALPHA PHI TO ALLOW UNDER-AGE ON PREMISES: Motion by Campbell, Second by Parks, to approve a request from Alpha Phi to allow under-age persons on the premises of the Coliseum Nightclub while alcohol is being served from 6:00 p.m. to 11:00 p.m. on November 11, 1993. Vote on Motion: 5-1. Voting Aye: Campbell, Hertz, Hoffman, Parks, Wirth. Voting Nay: Brown. Motion declared carried 5-1. REQUEST FROM AMES CONVENTION AND VISITORS BUREAU TO COMMIT TO 7 IOWA GAMES CONTRIBUTION: Motion by Wirth, Second by Hertz, to approve request from Ames Convention and Visitors Bureau to commit to contribute $5,000 annually for six years (from 1993 through 2000) to Iowa Games. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST FROM SHAFFER'S AUTO BODY REGARDING CLEANUP COSTS ON FREEL DRIVE: City Manager Steve Schainker noted Staff had verified that the $300 credit from Ames/Story County Environmental Landfill had been received and therefore the net cost to the City for this clean-up was $512.77. He said the City had been brought to this property because of complaints of a brackish water deposited in the public right of way. He said because City Staff didn't know at the time what the material was, they didn't feel it should be deposited in the sanitary sewer. He said they made special provisions with City equipment to pick up the liquid material and transfer it to the environmental landfill for handling. He said they had not received any complaints since that time. He said the costs incurred were those associated with disposal of the material. Coun. Hoffman asked if the material had been tested before it was taken to the landfill. Public Works Director Paul Wiegand said a sample had been taken to a testing lab in Nevada, but results were not immediate available. He said Staff felt it was appropriate to take action immediately because of the complaints they had received. Motion by Brown, Second by Campbell, to deny request to waive clean-up charges for street cleanup on Freel Drive. Coun. Hoffman said she felt the charges should be waived on a one-time basis. Vote on Motion to deny: 4-2. Voting Aye: Brown, Campbell, Hertz, Wirth. Voting Nay: Hoffman, Parks. Motion to deny declared carried 4-2. HEARING ON COOLING TOWER REMOVAL PROJECT: Mayor Curtis declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Hertz, Second by Wirth, to adopt RESOLUTION NO. 93-403 finally approving plans and specifications and awarding contract to Pro-Environmental Abatement, Inc. in the amount of $42,380.00. 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 WIDENING PROJECT: Mayor Curtis declared the public hearing open. Ken Augustine, 2423 Duff, asked the Council to revisit the issue of ornamental lighting on South Duff, referring to his letter to Council dated October 20, 1993. He said it was appropriate to install the lighting on South Duff at the time of the widening project. He asked for a commitment from the Council to spend the $200,000 for the ornamental lighting in the project area, and said then it would be up to the business community help pay for the lighting that would need to take place both north and south of the project area. He said he was not willing to give up on the Michael Freedman design 8 plan. He said he felt he had previously misrepresented the South Duff group regarding the self- taxing district, and said the area would be canvassed to see if property owners would participate in the self-taxing district. He said he couldn't promise the outcome, only the effort. City Manager Steve Schainker said bids on this project came in at $211,000.000 over estimated prices, specifically in the areas of storm sewer pipe, the excavation, and the concrete paving. He said Staff was recommending deferring action on the bid award until Staff and the consultant can meet with the low bidder to see what caused these higher bid prices. He said if Council did decide to add the ornamental lights back in the project, it would be subject DOT approval. He noted he had distributed a letter dated October 25, 1993 from Ken Meeks at the DOT rejecting the proposal that trees on the east side of South Duff should be saved due to an interpretation that this would be a maintenance project as opposed to a safety project. Coun. Parks asked if there was a way to save the largest of the trees. Public Works Director Paul Wiegand said a company had been contacted regarding moving the trees, but Staff had learned it was not very likely this could be accomplished due to the number of utilities in the ground in that area and also the likelihood of the trees not surviving the process. He said Staff has received calls from people who would like to "adopt" a tree, remove it, and put it on their property. Mr. Wiegand reviewed the costs of the ornamental lighting, noting the DOT grant project would provide $500,000 for this project. He said $110,000 was allocated for electrical work in the project, and would be available for use as ornamental lighting, if approved by the DOT. He said anything above that $110,000 allocation would be paid for by the City, and estimated a net cost to the City of $40,000. There was discussion regarding the time frame of making this change to the project specifications. Coun. Hertz asked the net cost for all of South Duff to install the ornamental lighting. Mr. Wiegand said it was estimated at $200,000 for the segment north of the project area, and $200,000 for the segment south. He said if Council approved, the City would pay for the $40,000 for the middle section from South 3rd to Squaw Creek, and the self-taxing district would pay for the end sections. There being no one further wishing to testify, the public hearing was declared closed. Motion by Brown, Second by Hertz, to report the bids and to delay award of contract to November 9th, 1993. Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Brown, Second by Hoffman, to amend the project proposal to include consideration of ornamental lighting. Coun. Hertz said she could not support the motion. She said her original argument against the lighting had been that it was the only part remaining of what was once a multi-faceted plan, and she felt that argument still held. Coun. Wirth said she had previously agreed, but after talking to the South Duff Improvement Association, she was convinced the business owners in the area were going to continue to pursue the original design plan. 9 Coun. Parks agreed, and said he felt they had to look at the ornamental lighting as a start. Coun. Hoffman said she felt this was a good faith commitment on the part of the Council, and she hoped the South Duff businesses would follow through and not let them down. Coun. Brown said she particularly liked the creative idea of adopting a tree. Vote on Motion: 5-1 Voting Aye: Brown, Campbell, Hoffman, Parks, Wirth. Voting Nay: Hertz. Motion declared carried 5-1. DESIGNATION OF SNOW ROUTES: Motion by Parks, Second by Wirth, to direct the City Attorney to prepare an ordinance designating snow routes. Coun. Hoffman said she had received a call from residents on Hyland concerned about lack of parking spaces on Hyland, particularly in the area close to Lincoln Way. She said they understood the need for good snow removal, but were concerned that some of the existing parking spaces might become filled with snow. Public Works Director Paul Wiegand said the City generally piles snow in commercial areas. He said the normal plowing process would be followed on Hyland, and snow would not be piled. He said after the snow plows had passed, there should be no parking restrictions. Vote on Motion: 6-0. Motion declared carried unanimously. ORDINANCE PROHIBITING STOPPING ON TRAVELED PORTION OF ROADWAY: Motion by Hoffman, Second by Parks, to pass on first reading an ordinance amending the Municipal Code for the purpose of prohibiting stopping on traveled portion of roadway. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Parks, Second by Brown, to suspend the rules required for adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Hoffman, Second by Wirth, to pass on second and third readings and adopt ORDINANCE NO. 3248 amending the Municipal Code for the purpose of prohibiting stopping on the traveled portion of a roadway. Roll Call Vote: 6-0. Ordinance declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE PROVIDING FOR TOWING OF VEHICLES PARKED IN LOADING ZONES: Motion by Campbell, Second by Wirth, to pass on first reading an ordinance amending the Municipal Code for the purpose of providing for towing of vehicles parked in loading zones. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Brown, Second by Parks, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. 10 Motion by Campbell, Second by Parks, to pass on second and third readings and adopt ORDINANCE NO. 3249 amending the Municipal Code for the purpose of providing for towing of vehicles parked in loading zones. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE PROHIBITING PARKING ON MEADOWLANE: Motion by Parks, Second by Hoffman, to pass on second reading an ordinance prohibiting parking on Meadowlane by Carr Pool. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Hoffman, Second by Brown, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Campbell, Second by Hoffman, to pass on third reading and adopt ORDINANCE NO. 3250 prohibiting parking on Meadowlane by Carr Pool. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE PROHIBITING PARKING ON SOUTH FIFTH STREET AND WALNUT AVENUE: Motion by Parks, Second by Brown, to pass on third reading and adopt ORDINANCE NO. 3246 prohibiting parking on South Fifth Street and Walnut Avenue. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE PROHIBITING PARKING ON HICKORY: Motion by Wirth, Second by Brown, to pass on third reading and adopt ORDINANCE NO. 3247 prohibiting parking on Hickory. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HISTORIC PRESERVATION DISTRICT CODE PROVISIONS: Motion by Wirth, Second by Brown, to direct Staff to prepare amendments to Chapter 31 of the Municipal Code to address problems with Code provisions encountered by City staff and the Historic Preservation Commission in the implementation of historic district regulations, and to enable the City to be eligible for designation as a Certified Local Government (CLG). Coun. Wirth said some time ago, the Council referred a citywide survey back to the Commission for their review. Planning & Housing Director Brian O'Connell said he believed the Commission had reviewed those recommendations and determined a prioritized order for the Council's action. He said Staff has not brought those recommendations back to Council because of other issues they are working on. Coun. Wirth said she didn't feel the Commission could proceed until the Council heard their prioritizations, and asked that Staff bring them to Council soon. Vote on Motion: 6-0. Motion declared carried unanimously. 11 CDP FOR 21ST ADDITION TO PARKVIEW HEIGHTS SUBDIVISION: Motion by Parks, Second by Campbell, to adopt RESOLUTION NO. 93-404 approving CDP for 21st Addition to Parkview Heights Subdivision located west of the intersection of Hoover Avenue and 30th Street, with stipulations as recommended by Staff. Mayor Curtis noted Council had received a letter dated October 25, 1993 from John and Carol Greiner at 307 South Riverside Drive, objecting to the proposed plan for the 21st Addition due to a storm-drain retaining basin that they feel will cause damaging amounts of water to encroach on the north side of property they own at 1609 Jackson Drive. Public Works Director Paul Wiegand showed a map of the property in question, and showed the design for storm sewer mains. He said the property owner's concern is that the detention pond would encroach on his property. He described how the same effect can be achieved without storing water at 1609 Jackson. He said this was not the final design, but the conceptual design of the subdivision. Coun. Brown asked why a detention pond was needed and if the storm sewer was not large enough. Mr. Wiegand said the storm sewer was designed for the five-year frequency storm. He explained the grading plan to direct water to the street system and detention pond in the event more water was accumulated, i.e., in the case of a 100 year storm. Coun. Brown asked what assurances there were that this grading plan will be implemented. She said there are instances in the City where conditions change and water has been redirected. Mr. Wiegand said the City's current ordinances do not give the City the ability to require approval of compliance with a grading plan. He said the City does not currently have the ability to control grading on private property. City Attorney John Klaus said the City has the ability to make public improvements on a case by case basis, as long as they are not in conflict with the Municipal Code. He said this could be viewed as a type of pipeless storm sewer improvement. There was discussion regarding the possibility of establishing, as a condition of approval of the final plat, a requirement that a storm sewer system be developed, using open drainage swales and detention ponds that would be dedicated to the City. Coun. Brown said she was concerned that the general taxpayer paid for problems after storm water management plans were done incorrectly. Mr. Wiegand noted the Council had a November 9 workshop to address storm water management issues. There was discussion regarding the time frame for sale and final grades of individual lots in this addition. Mr. Wiegand said it was unlikely final grading would be done until next year. Kevin Crawford, Bishop Engineering, 3501 104th Street, Des Moines, said it was incorrect to say the Plan included a detention pond. He said it was simply a depression where they were trying to direct the water to the intake. He said the depression should not be filled unless the system were 12 plugged somehow. He said the system was designed to handle the 100-year storm. Coun. Brown said Ames recently had more water than a 100-year storm, and she was not convinced that this was not a detention pond. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Coun. Brown left the meeting at 8:35 p.m. P-C PLAN AMENDMENT FOR 303 WELCH AVENUE: Motion by Hoffman, Second by Wirth, to adopt RESOLUTION NO. 93-405 approving an amendment to a P-C Plan to add a restaurant to the list of permitted uses for property located at 303 Welch Avenue. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. P-C PLAN AMENDMENT FOR VALENTINO'S RESTAURANT: Motion by Hoffman, Second by Wirth, to adopt RESOLUTION NO. 93-406 approving an amendment to a P-C Plan to allow a prefabricated cooler addition for Valentino's Restaurant at North Grand Mall. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. RELEASE OF SOUTH DUFF DEVELOPMENT CORPORATION FROM P.I.L.O.T. PROVISION OF DEVELOPMENT AGREEMENT: Motion by Hertz, Second by Parks, to adopt RESOLUTION NO. 93-407 approving release of South Duff Development Partnership from the Contract Agreement for South Duff Widening and Access Improvement Project. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Coun. Brown returned at 8:40 p.m. NORTHRIDGE PARKWAY SUBDIVISION, TENTH ADDITION: Coun. Parks noted he had attended a meeting of the Northridge Homeowners last night, and neither of the options recommended by Staff met with the Association's approval. He said easements onto those properties would be needed to accomplish either option. He said the Homeowners were asking that the $85,000 storm sewer pipe proposal be considered. Motion by Parks, Second by Brown, to direct Staff to fully develop the proposal for a 54-inch additional storm sewer pipe proposal in the southern portion, and to explore options in terms of easements and funding for the project. Public Works Director Paul Wiegand reviewed background on this issue. He said the plan for the subdivision included design for a storm sewer system to collect water from the drainage basin, carry it through open space areas, and into the Moore Park Pond. He said while that system was designed to handle a 5-year frequency storm, that frequency had been exceeded a couple of times in the past few years. He said the overland flow during the heavy rainfall events accumulates from the higher 13 ground into a depth of approximately 3 feet in the low spot right along Northridge Parkway. He said Staff looked at two concepts to resolve the problem of the pool of water: 1) carry it away in a pipe 2) grade the area so the water can drain away across the land. He said the estimated cost of the pipe option was $85,000, plus an estimated $15,000 for construction of an entrance structure. He said Staff had considered a pipe that would run along the bikepath and gas main. He said Staff had also considered grading a path for the water to leave the area and travel through the open spaces to reach the pond. He said the disadvantage of either of these methods was the large amount of storm water that would be channeled through the housing area. Mr. Wiegand said Staff looked at options that would allow them to control the storm water rather than just allowing it to pass through. He said that design option was to locate four places within the subdivision where there was existing open space or planned to be open spaces where detention basins could be constructed that would hold the water and slow the rate of runoff. He showed on a map where the proposed basins would be located. Mr. Wiegand said in the already subdivided areas, the open spaces are held by the Homeowners' Association, while the developer still controls the ones in non-subdivided areas. He said easement rights would need to be granted by the Association in order to proceed with the detention basin option. He said residents in the area were concerned that their use of the open space would be restricted because of the grading and slopes, and had also expressed concerns about aesthetics. He said Staff looked at the alternative of a vertical wall to try to address those concerns, and that proposal was given to the Neighborhood group last Friday. He said Staff was asking Council's guidance in terms of what should be developed as a storm water management plan to address this ponding. Coun. Brown pointed out that the City had no grading enforcement abilities in the upper additions. She said problems would be created if the grading on individual lots in the northern areas was not done correctly. She said she was concerned that there was no consistent way to protect people, and the end result was that the taxpayer would have to pick up the costs. Glenn Bastiaans, 2506 Ridgetop, said he was President of the Northridge Homeowners' Association. He said the Board would not grant easements for the proposed detention basins, due to the objections of the homeowners in the adjoining area. He said however, they would like the northern and northeastern basins constructed as quickly as possible. Coun. Wirth asked if the homeowners had discussed the cost of the pipe and who would pay for it. Coun. Parks said the developers had indicated they would be willing to pay for 1/3 of the cost of the $85,000 pipe, with the City paying the remaining 2/3. He said since the proposal had not been fully developed, however, at this point they didn't know what the costs would be. Coun. Brown said she would not support the City paying 2/3 of the pipe cost unless there was a gentleman's agreement regarding grading in the northern sections. Mayor Curtis said he did not feel grading had anything to do with the existing problem. He said grading was not part of the City's current requirements, and the Council would be asking for something that did not exist in the middle of the process. He said the Council should deal with the 14 issue of whether taxpayers' dollars should be spent to solve a problem when they were not getting the total cooperation of the Homeowners' Association for easements on the other properties. He said Council should ask why the Homeowners were not contributing when they were not willing to cooperate in terms of the other solution. Coun. Brown said three parts of a cooperative process were necessary to get the job done correctly: required detention ponds, correct grading so that the ponds fill correctly, and installation of the pipe. Coun. Parks said the homeowners had discussed whether the design of the subdivision was part of the issue. He said the City makes the requirement for the subdivision design, and the developer conforms to it. He said if the design doesn't work, everybody shares some degree of responsibility for it. Coun. Hertz expressed concerns that the City was not contributing to solutions in other areas of major flooding problems. Coun. Parks said they were looking at governmental solutions in a number of areas, and he would propose they do the same in this instance. Coun. Wirth said they also needed to consider how to prioritize this request along with other flood-related problems. Coun. Campbell said she had concerns about buying into the most expensive solution when other less expensive options might be satisfactory. She said if they did approve this solution, she felt some of the cost should be shared privately. Steve Finnegan, 2439 Ridgetop Circle, said he would question whether the other options were affordable. He said Ken Janssen of Engineering Plus had addressed the Homeowners' Association regarding the proposed detention basins, and said the elevations he presented differed from those presented by Staff. Mr. Wiegand said the design presented by Mr. Janssen was an old one prepared before Staff addressed the homeowners' concerns. There was discussion about the elevation of the basins. Mr. Finnegan said even at 2 ft. as proposed by Staff, a ravine would be made. He said it would be unappealing, and not attractive for the homeowners who have lived there and who paid high dollars for their lots and homes. He said it would affect property values. He said he was charged 42% more when he was assessed for taxes because his property backed up to the green belt. He said the homeowners were under the impression that cost was not the issue, but that finding the right solution was. He said developing the basin in Lot 8 was not a good solution. Wen-chy Chu, 2436 Ridgetop Circle, said she was in the minority at the Homeowners' Association meeting, in that she would not grant an easement right to the City for the 54-inch storm sewer pipe. She said there was a major high pressure gas line under the bike path, and asked what would be the consequences if that pipe were broken. She said in addition, they had been told a 30 ft. easement would be needed on either side of the bikepath if the pipe were installed there. She said that would mean they could have no permanent structure in their backyard, such as a deck or patio or trees. She suggested they consider installing the pipe down R-50. 15 Tom Randall, 1139 Johnson, said he was interested in buying Lot 11. He said the problem with the overland solution was that it would create a major ditch, or else expect the water to be directed uphill. He said Staff's recommendation would take a problem that was in the street and direct it through the residents' properties. He said Council needed to understand that they were not talking about a swale or a gentle flow, but a lot of water. He said the neighbors wanted to cooperate to get the proper solution. Ajai Singh, 2445 Ridgetop, said they were residents in Lot 5 of the 8th Addition, and the proposed detention basin would be right in their backyard. He said they understood that part of the cost had to be borne by everyone, but the greenspace was the reason they bought that particular lot and built their home in this area. He said the problem did not just occur this summer but 2 or 3 years ago. He said the flooding had occurred in 1990 and whenever there was a lot of rain in the area. He said the solution proposed by Staff was unfair to all the people who have just bought property in these areas. He said it would be a better idea to bring the pipe around where it would cause the least amount of destruction. Coun. Parks clarified the intent of his motion, saying it was to have the storm sewer proposal fully explored, along with cost estimates and the question of whether or not easements could be obtained. He said a possible funding source might be FEMA funds, but added he was not recommending this as a priority over any other project that might require FEMA funding. He said he saw no reason not to proceed with the northern and northeastern detention areas. Coun. Brown agreed and said they needed to lay out all the options. Vote on Motion: 6-0. The motion was declared carried unanimously. Motion by Parks, Second by Hoffman, to adopt RESOLUTION NO. 93-395 approving final plat for Northridge Parkway, 10th Addition, including the two detention basins and the easement on the portion of one basin. Coun. Brown reiterated her concern that those detention basins depend on proper grading in order to be fed correctly. She said she would hope there would be cooperation on the part of all the developers to help that happen. Erb Hunziker, 2619 Linwood Circle, said the developers had made a preliminary agreement with City staff, subject to Council approval, to supply 1/3 of the funding for the proposals as put to the homeowners. He said the developers would provide the City with a grading plan for the whole addition, establishing what the finished grading should be at the corners of the lots, and at what elevation houses should be set. He said they could work out the standards, but the problem was guaranteeing that the lot would not be regraded at a later time. There was discussion regarding the middle detention basin. Coun. Brown said she didn't think the homeowners understood it would be an improvement to their land. Mr. Hunziker said he would look at a basin in that area as a bonus, and said he didn't see where it would affect anyone's property adversely. 16 Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Hertz, Second by Wirth, to direct Staff to meet with the Homeowners' Association and formally request reconsideration of granting easements for the middle detention basin. Vote on Motion: 6-0. Motion declared carried unanimously. RESOURCE RECOVERY SYSTEM DESIGN CONCEPT REVIEW: Public Works Director Paul Wiegand said the master plan evaluation on the waste handling process for the next 15 years resulted in a plan to reinvest in the Resource Recovery System by improving the storage bin, relocating the primary shredder, and improving the dust collection system. He said the cost estimate for the work, as completed by R.W. Beck and Associates, totaled $3,192,000. He said the consulting firm of Stone & Webster was hired to review the system, and had returned with a conceptual design study which was a much closer look at what would be needed to implement the improvements. He noted the recommended modifications were itemized in the Council Action Form, and noted the estimated costs totalled $5,694,550, roughly $2 million more than the original estimate. He said the identified funding source for the project was General Obligation Bonds abated by resource recovery funds. He said in order to evaluate what effect the new proposed project would have on the fee structure at the Resource Recovery Plant, a spreadsheet was developed using a $6 million bond issue. He said Staff looked at a 12-year issue and a 15-year issue, keeping the per capita at a static level of $15.00 and varying the tipping fee rate. He said for a five year period, those rate schedules indicated a $4.00 per month increase for family of four, based on their waste generation. Coun. Brown asked if there had been any discussion with the haulers regarding volume-based rates. Mr. Wiegand said while staff has ongoing discussions with the haulers, they have not yet brought this particular proposal to them. There was discussion regarding how possible recycling programs might affect the wastestream and impact the estimated fee schedule. The Council members also discussed the need to contact Mayors in other communities and City Councils in other areas regarding this proposal, as contract modifications would need to be addressed. Mr. Wiegand discussed the August 1994 time frame for the proposed improvements. He said they would need to plan a major close-down of the plant to provide downtime for construction, and would haul waste to the landfill for that approximate 4 week period. Motion by Campbell, Second by Brown, to approve design concepts of the study and to direct staff to have the contract documents prepared for the project, including the additional work identified in the design concept study. Vote on Motion: 6-0. Motion declared carried unanimously. EAST LINCOLN WAY AND SONDROL DRIVE FLOOD CONTROL: Public Works Director Paul Wiegand provided background on this request for the City to reconstruct a berm that existed between the abutments of the Chicago Northwestern Railroad trestle located west of the CNWRR bridge over the Skunk River. He said the berm was eroded during this summer's flooding, and it was 17 alleged that the berm prevented water from getting underneath the bridge and onto the area of Sondrol Drive. He said property and business owners in the area have asked the City to reconstruct the berm at an estimated cost of $10,000. He said Staff has talked to CNWRR and the railroad will allow the City to reconstruct the berm. He said Staff's concern is that the berm not cause additional problems for other property owners in the area, and that they would establish a maximum height for the berm that would not exceed the lowest elevation of East Thirteenth Street. Coun. Hoffman asked if this would be ongoing problem. Mr. Wiegand said the berm would be built to be permanent, but the potential was there for it to be eroded if it were overtopped. Mr. Wiegand said Staff's recommended funding source for this project was FEMA funds that would reimburse already-budgeted amounts. Coun. Brown asked why the City was assuming this cost, rather than the property owner. Mayor Curtis noted the berm was on railroad right-of-way. Motion by Campbell, Second by Wirth, to approve the request of the property owners and construct a berm at the CNWRR trestle at City expense. Roll Call Vote: 6-0. Motion declared carried 6-0. REPORT ON ALLEY MAINTENANCE POLICY: Motion by Wirth, Second by Brown, to add a section to the Alley Maintenance Policy to deal with badly rutted areas, recognizing the rather subjective position the Staff would be faced with. Roll Call Vote on Motion: 6-0. Motion declared carried unanimously. RECESS: Mayor Curtis called a recess at 10:05 p.m. RECONVENE: The regular meeting reconvened at 10:15 p.m. OVERVIEW SESSION FOR 1994-95 BUDGET: City Manager Steve Schainker reviewed the major issues of the 1994/95 Municipal Budget, including the second phase of a proposed water rate increase of 40% in July of 1994, the establishment of a storm sewer utility to provide an ongoing source of funds for storm sewer projects, increases in debt service, and whether to continue drawing down on the Fire and Police Trust Fund or raise the tax levy to start financing that fund. He said other issues in this second year of the property tax freeze included whether to utilize the Government Price Index increase. Finance Director Alice Carroll said the estimated allowable amount this year was 2%, and an additional .17 would be permitted due to an error in the calculated allowable amount for FY 1993/94. Mr. Schainker said another available avenue for consideration was to shift some of the health care benefits to the trust and agency levy. Mr. Schainker said it was rumored the tax rollback for residential properties would go down to 66% (from 72% in FY 93-94). He said another dilemma will be local option tax. He noted an update to the local option tax revenue page in the handout contained in the Council Packet, based on the final payment received from the State. He said the best indication today was that in the current year, the City will receive $3,179,662, and noted that was under the budgeted amount. He said that he wouldn't recommend telling human services agencies they had to cut back, because that was not an 18 actual figure as yet. However, he said, it does appear that the amount of local option tax money the City will receive would be lower than anticipated, perhaps due to the flood or the economy. He said local option tax funds have grown, but the percentage of growth was less than what had been projected. He said that places a dilemma on the City for what they should do for the next fiscal year. He said it would be difficult for human service agencies who rely on these funds for their operating budget. There was discussion regarding what percentage local option tax should be used in the budget preparation. There was consensus that a 3% over what was budgeted last year be considered as a target figure for human services agencies and arts organizations. City Manager Schainker asked if the Council had any service levels they would like to reduce, or any to increase. He said if not, he would assume they wanted a maintenance level budget presented. Coun. Wirth said she would like to see a suggestion on an incentive program to get some of the alleys paved in the City. Coun. Parks said they could also consider abandoning some alleyways. Coun. Brown said she felt they need to start looking at economic development incentives shifting over to infrastructure type needs, and let the private sector pick up some of the economic development needs. Coun. Parks said he disagreed and would like to discuss that issue at another time. COMMENTS: Coun. Brown noted Coun. Wirth would present the Report of the Story County Mayors Association's Affordable Housing Committee tomorrow evening. Coun. Brown asked that Staff bring to the November 9 storm water management workshop concrete ideas that could be looked at as possible legislation to regulate storm water run-off as a result of development. Coun. Wirth said she had received a letter from David Slater representing the South Russell/South Riverside neighborhood, asking the City to look at some specific ways of facilitating the buy-out of their property. Motion by Wirth, Second by Brown, to place the October 22, 1993 request from the South Russell/South Riverside residents on the November 9, 1993 agenda. Vote on Motion: 6-0. Motion declared carried unanimously. ADJOURNMENT: The meeting was adjourned at 10:50 p.m. Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor 19