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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 07/12/2005MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA JULY 12, 2005 The Ames City Council met in regular session at 7:00 p.m. on the 12th day of July, 2005, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law with Mayor Tedesco presiding and the following Council members present: Cross, Goodman, Mahayni, Vegge, and Wirth. Council Member Goodhue was absent. Tony Borich, ex officio member, was also present. RECOGNITION OF VOLUNTEERS FOR FOURTH OF JULY PARADE AND COMMUNITY BREAKFAST: Mayor Tedesco reported that Ames had an outstanding Fourth of July celebration, and he thanked those who assisted with organizing the parade, community breakfast, and other activities. He presented Certificates of Recognition to the following individuals: Ed Gillott, Darryl Bennett, Mike Brennan, Angela Moore, Stacy Dreyer, Bill Cahill, and Diane Muncrief (who was not able to attend). CONSENT AGENDA: Moved by Cross, seconded by Mahayni, to approve the following items on the Consent Agenda: 1. Motion approving payment of claims 2. Motion approving minutes of the regular meeting of June 28, 2005 3. Motion approving renewal of the following beer permits and liquor licenses: a. Class C Liquor - Applebee's Neighborhood Grill & Bar, 105 Chestnut Street b. Class C Liquor & Outdoor Service Privilege - Fox I Lounge, 111 S. Fifth Street c. Class C Liquor - Welch Avenue Station, 207 Welch Avenue d. Class C Liquor - Mo's Bar & Grill, 823 Wheeler Street, Suite 5 4. Motion directing City Attorney to draft an ordinance revising parking regulations on Welch Avenue between Storm Street and Little Street 5. RESOLUTION NO. 05-284 approving and adopting Supplement No. 2005-3 to the Ames Municipal Code 6. RESOLUTION NO. 05-285 approving appointment of Dorothy Sally to fill vacancy on Analysis of Social Services Evaluation Team (ASSET) 7. RESOLUTION NO. 05-286 approving request for reimbursement of marketing expenditures for Ames Economic Development Commission from July 1, 2004, through June 30, 2005 8. RESOLUTION NO. 05-287 approving the amendment to the Agreement with Bank of America to provide Procurement Card services 9. RESOLUTION NO. 05-288 awarding contract for purchase of Rock Salt Requirements for 2005/06 Ice Control Program to Independent Salt Company of Kanapolis, Kansas 10. RESOLUTION NO. 05-289 waiving formal bidding requirements and authorizing purchase of software maintenance from HTE 11. RESOLUTION NO. 05-290 waiving City Purchasing Policy regarding disposal of surplus equipment and accepting offer from the Fire Service Training Bureau to purchase 1979 fire truck 12. RESOLUTION NO. 05-291 modifying the agreement between the City and the Iowa Department of Economic Development to provide a pass-through award and related reporting for the Comprehensive Management Award for Xenacom 13. RESOLUTION NO. 05-292 approving contract and bond for Ames Municipal Pool Improvements 14. RESOLUTION NO. 05-293 accepting completion of Bulk Water Station Project 15. RESOLUTION NO. 05-294 accepting completion of the 2004/05 Sidewalk Safety Program 16. RESOLUTION NO. 05-295 accepting completion of the 2005/06 Community Development Block Grant Curb Accessibility Program 17. RESOLUTION NO. 05-296 accepting completion of public improvements and releasing financial security for Longview Subdivision, 3rd Addition 18. RESOLUTION NO. 05-297 accepting completion of public improvements and releasing financial security for Fountainview Subdivision 19. RESOLUTION NO. 05-298 accepting completion of public improvements and releasing financial security for Bloomington Heights West Subdivision, 3rd Addition Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: Merlin Pfannkuch, 1424 Kellogg Avenue, stated that when he spoke at the June 14 Council meeting, he addressed the issue of “lack of public decision-making.” He did not want to limit this to the City Council, particularly in view of the process used by the Ames School Board with the closing of two schools. Furthermore, he did not want to exclude the Hospital Board of Trustees given his involvement with city matters over the last 12 years. Mr. Pfannkuch expressed his disappointment that the Council approved the forgivable loan for Syngenta. Upon doing his own research, he could not believe that a company of this size will locate to Ames with $70,000 worth of incentives, and that it seems unlikely that the company needs a hand-out. Mr. Pfannkuch asked again that the relationship between the City of Ames and the Ames Economic Development Commission (AEDC) be clarified. He said that, just tonight, the Council approved payment to the AEDC of almost $37,000 for expenditures over the last fiscal year. About a year and one-half ago, some individuals started questioning what the “partnership” was between the two entities. He reported that the original operating agreement between the two was not valid, since the board of the AEDC was not elected according to the agreement. Mr. Pfannkuch had asked for clarification then, of which he has not yet received. HEARING ON REZONING OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF CEDAR LANE AND OAKWOOD ROAD FROM “A” (AGRICULTURAL) TO “FS-RM” (SUBURBAN RESIDENTIAL MEDIUM DENSITY): Planning and Housing Director Matt Flynn stated that, at an earlier meeting, the City Council had referred this issue back to staff with the direction that they work with the developers and the neighborhood to obtain a workable compromise to this development proposal. Discussions were to center around the setback requirements, additional buffering, and reducing the density by 40%. Mr. Flynn explained that the number of proposed dwelling units has been reduced from 210 units to 130 units, and the Ringgenberg Farmstead has been excluded from the area to be rezoned and developed. The number of proposed multi-family buildings has been reduced by eight. Staff feels that the developers have taken measures to revise the proposed Master Plan to reduce the density and lessen the visual impact of the development. This proposal reduces the density by 38%. It was noted that a 60-foot wide landscape buffer will be installed adjacent to the Iowa State University property. The hearings for Items 21 and 22 were opened by the Mayor. Ken Kruempel, 2519 Timberland Road, brought a letter from Kim Townsend and read it into 2 the record. Ms. Townsend's main concern dealt with the condominium portion and that she believes single-family homes are best for those living on Oakwood Road. Her letter further indicated that the current proposal is a workable solution; however, two concerns still exist with the development of the vicinity as a whole: 1) only a few parcels are left that can be developed in this area, and she would like to see a moratorium placed on the development of multi-family homes on Oakwood Road and the surrounding roads; and, 2) discussions need to take place regarding larger homes being built on larger lots. Mr. Kruempel stated that the Council asked that the developers work with the area residents in reducing the density and increase the buffering, and it was accomplished. However, most assumed that Residential Low-Density was not a possibility. Mr. Kruempel said that the plan before Council reflects the discussions acceptable with Residential Medium-Density housing. He reported that he had shared a series of questions pertaining to this development and how it would affect Oakwood Road. He expected answers from both the City and the developer with respect to those questions. Mr. Renaud, on behalf of the developer, answered his questions. However, he was disappointed in the City in that he received no response from the Public Works Department other than an e-mail indicating concurrence with Mr. Renaud. One key question pertains to the width of the right-of-way on Oakwood Road. How much of the Ringgenberg Farm property would be lost to right-of-way remains unanswered. Mr. Kruempel had questions with respect to the bike path; he feels that the City needs to install the path sooner than later. He explained that, currently, there is no shoulder, so therefore, there is a safety issued involved. He had questions pertaining to the setback of the building to the west of the Christofferson Farm. Scott Renaud, Fox Engineering, 1601 Golden Aspen Drive, representing the developer, Friedrich Land Development, addressed the schedule for landscaping in the fall and next spring. In discussing the setback, the Council directed that it needs to be set back 60 feet further. Everything sets beyond a 74-foot line. All of the right-of-way is being dedicated off of the developer's side. In addressing Mr. Kruempel's question on the setback of the building on the Christofferson Farm, Mr. Renaud indicated that the building is closer to that 74-foot line, but it is in the agreed distance back from the road. He explained that a 50-foot full buffer has been added to around the farmstead property. The building closest to the Ringgenberg land will be moved farther away from the farm as well as rotated so that the short side faces the road. Katherine Scott, 1512 Roosevelt Avenue, questioned the connectivity of the sidewalks within the development, to which Mr. Renaud responded that the site plan only showed the major paths. Sidewalks will be installed around each building and connected to the path. Ray Ringgenberg, 2530 Oakwood Road, stated that the rest of his family sold property to the developer, however, he purchased the remaining two-acre farmstead with the thought that single-family housing would be the continued construction in the area. He indicated that he was shown several proposed plans over the course of time. After time, the north 18 acres began to show the “big house” concept around the farmstead. Mr. Ringgenberg stated that condominium development had already been tried on Oakwood Road, however, it failed to sell and was modified to become an “under-grad” complex. He said that once the structures are built and not sold, the units will have to be rented to someone, and he won't know who his neighbors will be. 3 Bob Friedrich, Jr., thanked the neighborhood association for meeting with the developers as well as City staff. He feels that it will be a fine addition to the south part of Ames and will help meet the goals for growth in that portion of the City. Mr. Friedrich stated that this proposal has lessen the density quite substantially, and the developers have listened to the area residents and taken into consideration the development of the Ringgenberg Farm. Mayor Tedesco closed the public hearings after no one else wished to speak. Moved by Goodman, seconded by Cross, to pass on first reading an ordinance rezoning property generally located at the southwest corner of Cedar Lane and Oakwood Road from “A” (Agricultural) to “FS-RM” (Suburban Residential Medium Density). Roll Call Vote: 5-0. Motion declared carried unanimously. MASTER PLAN TO ALLOW CONSTRUCTION OF 130 CONDOMINIUM UNITS ON PROPERTY LOCATED AT THE SOUTHWEST CORNER OF CEDAR LANE AND OAKWOOD ROAD: Moved by Vegge, seconded by Cross, to adopt RESOLUTION NO. 05-299 approving the Master Plan to allow the construction of 130 condominium units on property generally located at the southwest corner of Cedar Lane and Oakwood Road. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REQUEST FOR DESIGNATION OF URBAN REVITALIZATION AREA FOR PROPERTY BOUNDED BY GRAY AVENUE, SUNSET STREET, AND BEACH AVENUE: City Planner Jeff Benson explained that this application is to establish an Urban Revitalization Area (URA), which includes seven parcels with eight buildings bounded by Gray Avenue, Sunset Drive, and Beach Avenue. In this area, the project under consideration falls under the guidelines of the Multiple Family Residential Criteria Matrix. Mr. Benson reported that the project involves two phases of constructing two multi-family residential buildings, however, only the first phase would be built at this time. He described the first phase 20-unit apartment building and said it was very compatible with the area. A summary report provided by a licensed architect has been given to the City Council, and staff has analyzed the subject project. Mr. Benson stated that using the Criteria for Eligibility under the specified Matrix, staff feels that the proposed project meets the required criterion as being in a “Slum and Blighted” condition. In reviewing the architect's report, it was determined that the estimated cost to bring the buildings into code compliance is about 90% of the total assessed value of all the properties. Mr. Benson explained that one of the unusual characteristics about this project is how it relates to the City's policies on historic preservation and work on the University-Impacted Area plan. There are four buildings on this site that have been identified as having historical qualities. As indicated in the staff report, when there is a cluster of buildings that have historic quality, the City would seek to preserve them. The Council previously referred this issue to the Historic Preservation Commission. He indicated that the City does not have any policy on not providing tax abatement based on historic buildings nor policies to preserve the buildings. The Commission basically found that the application should be approved since denying the request is not going to save the buildings. Members of the Historic Preservation Commission felt that this project would be less compatible with the neighborhood if there is no tax abatement 4 allowed. Mr. Benson discussed two policy options the Council could consider in planning for the University-Impacted Area. Staff believes that the application should be evaluated based upon the policy that is in place. Granting this tax abatement and approving the URA is consistent with existing policies. When questioned, Mr. Benson stated that the Matrix, which is the City's policy, is approved by resolution of the City Council. According to this policy, it was determined that the properties are substantially dangerous and unsafe. Mr. Benson reported that these same properties are approved for habitation and have Letters of Compliance under the Rental Housing Code. With an existing apartment building, a property owner is not required to bring it up to all current codes in order to rent it. Certain items are required to comply with the Code relating to safety and life-saving standards. However, under urban revitalization standards, the objectives are different, and therefore, another aspect is used in looking at these conditions. Mr. Benson said that probably the most expensive part of bringing the buildings up to code is stairway riser heights, electrical, and sprinkler upgrades. Council Member Wirth said it is extremely confusing to hear that these properties have a Letter of Compliance for rental purposes, but then to have staff further indicate that they are unsafe. She feels somewhat uncomfortable using the term “unsafe” as that it is not very accurate. Discussion ensued regarding adoption of future urban revitalization standards relating to buildings of historic significance and “demolition by neglect”, clusters of buildings that may fall into the category of “demolition by neglect”, and potential policies on how to prevent this demolition from happening. Mr. Benson stated that the establishment of historic districts or programs is, most likely, the way to protect these types of properties. Much discussion was held regarding the Matrix and whether it reflects the Council's intent under the “Slum and Blighted” requirement. Council Member Goodman indicated that the Council needs to revisit the Criteria Matrix. The Council discussed the background of the Criteria Matrix and whether this project is eligible for tax abatement in accordance with the Matrix. John Chester, 54643 282nd Street, Ames, advised that there are some vacancies in the existing buildings, and that over the course of the last two-to-three years, occupancy has been fairly full. Mr. Chester reported that most of the expense involved with bringing the buildings up to code deals with fire and safety issues and accessibility. These properties are habitable, but City staff pointed him in the direction of applying for tax abatement through a URA. He indicated that he has complied with the goal of the Matrix, however, the project will go forward with or without urban revitalization. More discussion took place regarding the safety and habitability of the existing structures. City Manager Steve Schainker referred to Attachment C which was provided to the Council. He stated that one of the required criteria is “Slum and Blighted.” The Council equated this criterion to be substantially unsafe. Staff then has to make recommendations as to what is “unsafe.” Staff has continued to use the criterion as a guideline, and it has been applied to this case. Council Member Cross stated that every time the Council deals with tax abatement, the 5 members wrestle with it in determining if the amount of abatement is appropriate for the additional costs the developer will incur. He felt it might be appropriate to direct that staff hire a consulting engineer or architect to cost-out/itemize the building materials for these types of projects. Mr. Cross indicated that this will assist the Council in making these decisions easier. Ex officio member Tony Borich said that the current methodology being used by staff indicates a narrow perspective of “what is unsafe.” This methodology essentially means that any property in Ames that was built before a certain year is “Slum and Blighted” according to the Council's definition. Mr. Borich further stated that it appears the current tenants of the existing buildings have not been involved in discussions; these discussions would benefit the City staff's analysis. More discussion was held regarding the refinement of the evaluation criteria. Moved by Vegge, seconded by Wirth, approving the determination that the request for designation of an Urban Revitalization Area for a portion of the block bounded by Gray Avenue, Sunset Drive, and Beach Avenue meets the criteria; directing staff to prepare an Urban Revitalization Plan; and, setting the date of public hearing for August 23, 2005. Council Member Goodman stated that this system is problematic. He feels that by giving an abatement on a project that does not fulfill the intent of “Slum and Blighted” is not right, and the taxpayers of Ames should not have to pay the developer in this case. Council Member Cross said he could not support the project. He reiterated that Council needs to ask that staff evaluate the cost differentials, which would help them be more comfortable abating taxes for projects. Council Member Mahayni concurred that the methodology now used needs improvement, and a better definition in the Matrix needs to be pursued. Vote on Motion: 2-3. Voting aye: Vegge, Wirth. Voting nay: Mahayni, Goodman, Cross. Motion failed. Moved by Cross, seconded by Goodman, directing that staff hire an engineer/architect with funding from the Contingency Fund to provide cost differentials for masonry or alternative siding materials, landscaping, and structured parking that pertain to Urban Revitalization projects. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Mahayni, seconded by Cross, directing staff to provide alternative definitions for the “Slum and Blighted” requirement pertaining to the Criteria Matrix for Urban Revitalization. Vote on Motion: 5-0. Motion declared carried unanimously. PRELIMINARY PLAT FOR EAST HICKORY PARK SUBDIVISION: Moved by Wirth, seconded by Cross, to adopt RESOLUTION NO. 05-300 approving the Preliminary Plat for the East Hickory Park Subdivision located north of Southeast 16th Street and west of re-routed Dayton Avenue with the following stipulations: 1. That the developer will construct and dedicate all public improvements within the development to City of Ames Urban Standards, as required, including: street paving, curb, 6 gutter, sidewalks, bicycle/pedestrian pathways, street lights, street trees, water main, sanitary sewer main, and storm sewer improvements prior to approval of the Final Plat, or execute an Agreement to guarantee the completion of all public improvements and provide security in the form of an Improvement Guarantee, as set forth in Section 23.409 of the Municipal Code; 2. No grading will be permitted on the site until construction plans are approved by the Department of Public Works for all public infrastructure in each addition, including storm water management facilities; 3. That the developer secures a Flood Development Permit prior to any construction activities on the site; 4. That a note be placed on the face of the Final Plat indicating that access to re-routed Dayton Avenue is only allowed immediately west of the intersection of Dayton Avenue and Isaac Newton Drive; and, 5. That a note be placed on the Final Plat indicating access to South 16th Street be only allowed at a point 400 feet west of the west right-of-way line of re-routed Dayton Avenue. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. STAFF REPORT ON TASERS FOR POLICE DEPARTMENT: Police Chief Loras Jaeger reported that the Ames Police Department has been discussing the possibility of using Tasers for a few years. Because of the controversy surrounding its use, the Department has been cautious in evaluating the need for the weapon. He said, however, several incidents have convinced him that the Ames Police Department needs to move in this direction. Chief Jaeger indicated that the Ames Police Department is recommending the purchase of ten Tasers. He presented an overhead which outlined a nine-step strategy that the Police Department would use for the effective deployment of this weapon. Sergeant Howard Snider stated that the Taser is a tool in the force continuum, and that police officers choose the tool that is best-utilized for the situation at-hand. He explained that the Taser is not a replacement to the use of deadly force, but an alternative. Sergeant Snider described the device and demonstrated how it is deployed. Moved by Cross, seconded by Mahayni, to adopt RESOLUTION NO. 05-301 authorizing the purchase of ten Tasers for the Ames Police Department. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE PERTAINING TO REGULATION OF PARKING IN MUNICIPAL PARKS: Moved by Wirth, seconded by Goodman, to pass on first reading an ordinance prohibiting the parking of any motor vehicle in any location in a park except upon the streets or in lots specifically designated for vehicular parking. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE REVISING PARKING REGULATIONS ON WILDER STREET, DURANT STREET, AND HARTFORD DRIVE: Moved by Vegge, seconded by Cross, to pass on first reading an ordinance prohibiting parking at all times on the east side of Wilder Street and Hartford Drive and on the north side of Durant Street. Roll Call Vote: 5-0. Motion declared carried unanimously. 7 ORDINANCE REVISING PARKING REGULATIONS ON PRAIRIE VIEW EAST: Moved by Wirth, seconded by Mahayni, to pass on first reading an ordinance prohibiting parking at all times on the northerly and westerly sides of Prairie View East. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE REVISING PARKING REGULATIONS ON NORTHRIDGE PARKWAY WEST OF STANGE ROAD: Moved by Mahayni, seconded by Cross, to pass on first reading an ordinance allowing parking on Northridge Parkway from Stange Road to George Washington Carver except from 3:00 a.m. to 6:00 a.m. on the north side, and to restrict all parking on the south side of Northridge Parkway from Stange Road to George Washington Carver. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE ON TEXT AMENDMENT TO THE ZONING ORDINANCE REDUCING THE MINIMUM LOT SIZE REQUIREMENTS FOR CERTAIN LOTS LOCATED WITHIN THE COMMUNITY COMMERCIAL NODE ZONING DISTRICT: Moved by Wirth, seconded by Mahayni, to pass on second reading an ordinance making a text amendment to the Zoning Ordinance that reduces the minimum lot size requirement for certain lots located within the Community Commercial Node Zoning District. Roll Call Vote: 4-1. Voting aye: Cross, Mahayni, Vegge, Wirth. Voting nay: Goodman. Motion declared carried. Moved by Vegge, seconded by Cross, to suspend the rules necessary for the passage of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Vegge, seconded by Cross, to pass on third reading and adopt ORDINANCE NO. 3840 making a text amendment to the Zoning Ordinance that reduces the minimum lot size requirement for certain lots located within the Community Commercial Node Zoning District. Roll Call Vote: 4-1. Voting aye: Cross, Mahayni, Vegge, Wirth. Voting nay: Goodman. Motion declared carried. ORDINANCE SETTING SPEED LIMIT ON OAKWOOD ROAD FROM STATE AVENUE TO A POINT 151 FEET WEST OF WHITE OAK DRIVE: Moved by Vegge, seconded by Cross, to pass on second reading an ordinance setting the speed limit on Oakwood Road from State Avenue to a point 151 feet west of White Oak Drive. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE AMENDING THE OFFICIAL ZONING MAP TO REMOVE THE SOUTHEAST GATEWAY OVERLAY DISTRICT (O-GSE) DESIGNATION FOR PROPERTY LOCATED IN THE VICINITY OF SOUTHEAST 16TH STREET AND DAYTON AVENUE: Moved by Cross, seconded by Goodman, to pass on third reading and adopt ORDINANCE NO. 3838 amending the Official Zoning Map to remove the Southeast Gateway Overlay District (O-GSE) designation for property located in the vicinity of Southeast 16th Street and Dayton Avenue. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE REZONING PROPERTY GENERALLY LOCATED IN THE VICINITY OF 8 DAYTON AVENUE AND SOUTHEAST 16TH STREET FROM “A” (AGRICULTURAL) TO “HOC” (HIGHWAY-ORIENTED COMMERCIAL): Moved by Cross, seconded by Vegge, to pass on third reading and adopt ORDINANCE NO. 3839 rezoning property generally located in the vicinity of Dayton Avenue and Southeast 16th Street from “A” (Agricultural) to “HOC” (Highway-Oriented Commercial). Roll Call Vote: 5-0. Motion declared carried unanimously. COMMENTS: Mayor Tedesco stated that the Council had received a letter from Reiman Gardens regarding its request for funding during budget deliberations for a welcome back concert for ISU students. The Council denied that request during the budgeting process, but due to some miscommunication, Reiman Gardens personnel assumed the request had been approved. Mayor Tedesco said the Council may wish to refer the issue to the next agenda for further discussion. Moved by Wirth, seconded by Cross, to refer to staff a petition filed by Debbie Gitchell. Vote on Motion: 5-0. Motion declared carried unanimously. Council Member Wirth reported that a cooking stove has been setting in the parking for over a week at 1606 Burnett Avenue, and it needs to be removed. Moved by Wirth, seconded by Mahayni, to place the Reiman Gardens request letter on the July 26, 2005, Council meeting agenda for discussion. Vote on Motion: 2-3. Motion failed. City Manager Steve Schainker stated that the joint meeting with the Ames School Board has been set for Monday, July 25, 2005, at 6:30 p.m. in the Council Chambers. This meeting will be a briefing session on the RFP for the partnership on the Affordable Housing Program. ADJOURNMENT: 9:35 p.m. _______________________________________________________________________ Diane R. Voss, City Clerk Ted Tedesco, Mayor __________________________________ Jill L. Ripperger, Recording Secretary 9