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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 08/10/2004MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA AUGUST 10, 2004 The Ames City Council met in regular session at 7:00 p.m. on the 10th day of August, 2004, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law with Mayor Ted Tedesco presiding and the following Council members present: Cross, Goodman, Mahayni, Vegge, and Wirth. Andrew Tugan, ex officio member, was also present. Council Member Goodhue was absent. City Manager Steve Schainker, who observed his 25th year of employment with the City of Ames on July 16, 2004, was recognized by Mayor Tedesco for his steady leadership and dedication to the Ames community. Mayor Tedesco announced that Item No. 17, which pertained to releasing financial security for Bloomington Heights West Subdivision, 3rd Addition, had been pulled by City staff. 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 July 27, 2004 3. Motion approving renewal of the following liquor licenses and beer permits: a. Class C Beer - Cyclone Truck Stop, 1811 South Dayton Avenue b. Class C Liquor & Outdoor Service Privilege – Cy's Roost, 121 Welch Avenue c. Class C Liquor & Outdoor Service Privilege – Mickey's Irish Pub, 109 Welch Avenue d. Class C Liquor – Okoboji Grill of Ames, 2719 Grand Avenue e. Class C Liquor – People's Bar & Grill and Lumpy's UnderWhere?, 2430 Lincoln Way 4. Motion approving application for Special Class C Liquor License for daVinci's, 2514 Chamberlain Street 5. Motion approving application for Class C Liquor License for Club 8, 216 Stanton Avenue 6. Motion approving revised design for skate park artwork 7. Motion approving/denying an encroachment permit for an awning at 231 Main Street 8. RESOLUTION NO. 04-329 approving appointment of Daniel Naegele to fill vacancy on Public Art Commission 9. RESOLUTION NO. 04-330 approving Mini-Grant Contract for Arts Funding with India Cultural Association 10. RESOLUTION NO. 04-331 approving Cooperative Agreement between Ames Human Relations and Iowa Civil Rights Commission for July 1, 2004, to June 30, 2005 11. RESOLUTION NO. 04-332 unfreezing 1.0 FTE clerical position and eliminating 0.5 FTE clerical position in Public Works/Planning Departments 12. RESOLUTION NO. 04-333 approving preliminary plans and specifications for the Mortensen Road Sanitary Sewer Extension; setting September 8, 2004, as bid due date and September 14, 2004, as date of public hearing 13. RESOLUTION NO. 04-334 approving preliminary plans and specifications for the 2004/05 Water System Improvements Program – Water Service Transfer Contract No. 2; setting September 8, 2004, as bid due date and September 14, 2004, as date of public hearing 14. RESOLUTION NO. 04-335 approving preliminary plans and specifications for Combustion Turbine Generator Project, Contract No. 10 – Site Preparation, Foundations, and Underground; setting August 31, 2004, as bid due date and September 14, 2004, as date of public hearing 15. RESOLUTION NO. 04-336 approving contract and bond for Emma McCarthy Lee Park Tennis Court Renovations 16. RESOLUTION NO. 04-337 accepting completion of the 2000/01 Arterial Street Rehabilitation Program (Dayton Avenue) 17. Somerset Subdivision, 17th Addition: a. RESOLUTION NO. 04-338 accepting partial completion of public improvements b. RESOLUTION NO. 04-339 approving Major Final Plat 18. RESOLUTION NO. 04-340 accepting completion of public improvements and releasing financial security for Bloomington Heights West Subdivision, 2nd Addition 19. RESOLUTION NO. 04-341 accepting completion of public improvements and releasing financial security for Somerset Subdivision, 13th Addition 20. RESOLUTION NO. 04-342 accepting completion of public improvements and releasing financial security for Brookview Place West Subdivision, 2nd Addition 21. RESOLUTION NO. 04-343 accepting partial completion of public improvements and reducing financial security for Kinyon-Clark Subdivision 22. RESOLUTION NO. 04-344 accepting partial completion of public improvements and reducing financial security for South Fork Subdivision, 2nd Addition 23. RESOLUTION NO. 04-345 accepting partial completion of public improvements and reducing financial security for Longview Subdivision, 2nd Addition 24. RESOLUTION NO. 04-346 accepting partial completion of public improvements and reducing financial security for Northridge Heights Subdivision, 7th Addition 25. RESOLUTION NO. 04-347 accepting partial completion of public improvements and reducing financial security for Somerset Subdivision, 16th Addition Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: Jonathan Shelness, 405 Tama Street, Slater, stated that he is an informal advocate for University students and Campustown. He explained that he was a returning student to Iowa State University and his experience in Ames had been very nice until the VEISHEA riot last spring. Mr. Shelness is concerned that things are not being done or changed in response to the riot. He said that he has heard City planners talking about the gateways to our community, but pointed out that when you enter Campustown from the west, the first thing you notice is the Taco Bell sign still smashed as a result of the VEISHEA disturbance. Mr. Shelness is concerned that the shopkeepers don’t seem to be held to any kind of compliance to repair their properties or clean up debris around their establishments or from the gutters. Photographs taken in Campustown were shown by Mr. Shelness evidencing a collapsed retaining wall outside Vogue Vision, stones located outside of the Keg Shop, broken lamp posts at the intersection at Lincoln Way and Welch, construction debris: chunks of concrete and lumber, a broken retaining wall outside the dorms, a broken window in a bar, and abandoned bicycles. These photos were all taken within two blocks of the core of Campustown within the past three weeks. Mr. Shelness advised that the City of Des Moines has community policing, where a police officer walks a certain area and visits with shopkeepers, students, and neighbors to convey information. He suggested that the Campustown Neighborhood would be an ideal location for the placement of a community police officer. Mr. Shelness also recommended that the late-night bus system be replaced with an outreach van service. This service would transport drunk students or persons who need service. Lastly, he believes that the City should change the alternate-side parking regulations; don’t require persons to move their vehicles from one side of the street to the other everyday and don’t make them move their vehicles by Midnight. He believes that this would show the students that the City is on their side. Mayor Tedesco asked Mr. Shelness to put his requests in writing to the City. 2 Tony Borich, 9123 Buchanan Hall, ISU, explained that he had met informally with several community leaders and residents on reviving the Dinkey as a means of establishing a transportation connection from Campus to Downtown. Mr. Borich advised that they have commitments from the ISU Departments of Community and Regional Planning and Civil Engineering to conduct a study on the possibilities of bringing the trolley back in some form. The total cost of the study should be approximately $1,000. He said that the Main Street Cultural District has appropriated $100 towards the cost of the study. Mr. Borich said it is hoped that the City of Ames would also be supportive of the study. He was asked to convey his request to the City Council in writing, specifying what kind of financial support is wanted. Gloria Betcher, 531 Hayward, Ames, spoke on behalf of the Ames Historic Preservation Commission. She gave an update on the actions taken by the Commission at their meeting held last night concerning the demolition delay ordinance. Ms. Betcher pointed out that the demolition deferral, which is on the Council’s Agenda tonight, would sunset on January 1, 2005, but the ordinance the Commission discussed would be permanent. Ms. Betcher advised that the Commission is requesting specific Council action to direct staff to assist the Historic Preservation Commission in developing a demolition delay ordinance. The Commission has drafted an ordinance that they would like to have staff review, but Council has not directed City staff to assist them. The Commission hopes that the Council would see a demolition delay ordinance as a positive tool that would ensure that the choices to demolish, when made, would be good choices. HEARING ON PROPOSAL TO VACATE A PORTION OF RIGHT-OF-WAY PERPENDICULAR TO GRAND AVENUE BETWEEN FIFTH AND SIXTH STREETS: Mayor Tedesco opened the public hearing. There being no one wishing to speak, the Mayor closed the hearing. Moved by Cross, seconded by Vegge, to pass on first reading an ordinance vacating a portion of right- of-way perpendicular to Grand Avenue between Fifth and Sixth Streets. Vote on Motion: 5-0. Motion declared carried unanimously. HEARING ON TEXT AMENDMENT TO THE ZONING ORDINANCE TO ADD REGULATIONS FOR MINI-STORAGE WAREHOUSE FACILITIES IN THE HIGHWAY-ORIENTED COMMERCIAL ZONE: Joe Pietruszynski, Planner, explained 6:12 roof design at the request of Council Member Vegge. Mr. Pietruszynski explained that they are recommending a roof pitch greater than or equal to 6:12 to make the facility appear more compatible with its surroundings. Staff has researched this topic and found evidence that 6:12 roofs take the industrial look away from the building. According to Mr. Pietruszynski, the intent of the text amendment is to fit an industrial use into a commercial zone. The public hearing was opened by the Mayor. Kevin McRoberts, 300 Walnut Street, Des Moines, believes that the proposed text amendment would protect the City by allowing only good quality mini-storage warehouse facilities in Highway-Oriented Commercial Zones. Scott Renaud, Fox Engineering, 621 Golden Aspen Drive, Ames, advised that pitched roofs are much more expensive. He believes that they are not necessary on storage buildings; it depends if you are trying to blend the building in or hide it. Mr. Renaud referenced the buildings in Aspen Business Park, which have flat roofs, and pointed out that flat roofs can be aesthetically pleasing if they are well done. No one else asked to speak, and the hearing was closed. Moved by Cross, seconded by Wirth, to pass on first reading an ordinance making a zoning text 3 amendment to add regulations for mini-storage warehouse facilities in the Highway-Oriented Commercial zone. Vote on Motion: 5-0. Motion declared carried unanimously. HEARING ON TEXT AMENDMENT TO THE ZONING ORDINANCE REGARDING FENCING HEIGHT REGULATIONS WITHIN SIDE-YARD SETBACKS: Planner Eric Jensen explained the history behind the proposed amendment. Mayor Tedesco opened the hearing and closed same after no one wished to speak. Moved by Mahayni, seconded by Vegge, to pass on first reading an ordinance making a zoning text amendment regarding fencing height regulations within side-yard setbacks. Vote on Motion: 5-0. Motion declared carried unanimously. HEARING ON TEXT AMENDMENT TO THE ZONING ORDINANCE REGARDING THE MAXIMUM HEIGHT OF PICKET FENCES IN THE “F-VR” (VILLAGE RESIDENTIAL DISTRICT): The proposed text amendment was explained by Planner Eric Jensen. The hearing was opened by Mayor Tedesco. No one desired to speak, and the Mayor closed the hearing. Moved by Cross, seconded by Wirth, to pass on first reading an ordinance making a zoning text amendment regarding the maximum height of picket fences in the “F-VR” (Village Residential District). Vote on Motion: 5-0. Motion declared carried unanimously. HEARING ON DEMOLITION AND DEVELOPMENT DEFERRAL OVERLAY DISTRICT IN THE UNIVERSITY-IMPACTED AREA: Mayor Tedesco opened the public hearing. David Maahs, 1007 Vermont Court, Ames, pointed out that the Planning & Zoning Commission did approve the usage of the “tool,” but did not implement it. He urged the City to continue with the sub- area planning process. Mr. Maahs pointed out that the pending ordinance would be effective only until January 1, 2005; he does not see the urgency for adopting this ordinance for a three and one-half-month period. Gloria Betcher, 531 Hayward Avenue, Ames, again speaking on behalf of the Historic Preservation Commission, pointed out that many historic resources can be destroyed within a three-month period. The Commission hopes that the January 1, 2005, deadline will allow the Historic Preservation Commission time to finalize a demolition delay ordinance. The Commission sees the ordinance in question as a positive tool to aid the Commission in identifying resources. Ms. Betcher pointed out that too often historic resources are destroyed without any research; therefore, the historic nature of the building is unknown prior to it being demolished. The Commission does not believe that a demolition delay ordinance would actually prevent many buildings from being demolished; however, would allow time to research the history of the buildings. No one else wished to speak, and the hearing was closed. Moved by Wirth, seconded by Mahayni, to pass on first reading an ordinance making text amendments to the Zoning Ordinance creating the demolition and development deferral overlay district in the University-Impacted Area. Vote on Motion: 5-0. Motion declared carried unanimously. 4 Moved by Wirth, seconded by Mahayni, to pass on first reading an ordinance amending the Official Zoning Map to apply a temporary development and deferral overlay zone for property located in the vicinity of the intersection of Lincoln Way and Welch Avenue and property on the north side of Knapp Street between Stanton Avenue and Ash Avenue. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Wirth, seconded by Goodman, to direct staff to work with the Historic Preservation Commission on the development of a demolition delay ordinance. Vote on Motion: 5-0. Motion declared carried unanimously. REQUEST FOR RETROACTIVE APPROVAL OF NEIGHBORHOOD IMPROVEMENT PROGRAM PROJECT FROM MARK AND DEB TERRONES: Mark Terrones, 3338 Canterbury Court, Ames, explained his request for retroactive approval of Neighborhood Improvement Grant funds. He described the design and landscape project undertaken in an effort to add to the beautification of the Orchard Estates neighborhood. Mr. Terrones advised that he and his wife spent hours leveling dirt, removing clods, and preparing the area for landscaping. They finished the project with rocks and flowers, spending a total of $4,904.88 for the project. Mayor Tedesco advised that requests for funds from the Neighborhood Improvement Program are to be made in advance and approved by the City Council prior to costs being incurred. Council Member Cross pointed out that the intent of the Neighborhood Improvement Program was to bring neighbors together; neighborhood residents provide sweat equity and funds, on a dollar-for-dollar match, towards a project to improve their neighborhood. Mayor Tedesco stated that this project may be considered as a very unusual circumstance, and if the City Council so desires, it may direct reimbursement of a portion of the costs from the City’s Contingency Fund. Moved by Mahayni to adopt a resolution to appropriate $2,452.44 from the City’s Contingency Fund to reimburse Mark and Deb Terrones for expenses incurred in improving the entryway to the Orchard Estates Neighborhood. Motion died for lack of a second. Council Member Goodman acknowledged the improvements made to the area by the Terroneses; however, advised that he is concerned about setting a precedent of not adhering to the rules governing the Neighborhood Improvement Program. MAIN STREET CULTURAL DISTRICT AGREEMENT: David Maahs, 1007 Vermont Court, Ames, speaking on behalf of the Ames Chamber of Commerce, introduced Angela Moore, the new Director of the Ames Main Street Cultural District. Mr. Maahs advised that the Agreement does include in-kind support from Hubbell Realty for the lease of the office located in the old Ames Depot and in-kind advertising support. Mr. Schainker pointed out that those provisions are now included in the Agreement. Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 04-348 approving the Main Street Cultural District Agreement among the City, Ames Chamber of Commerce, and Ames Main Street Cultural District to promote and coordinate events in Downtown Ames. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made 5 a portion of these minutes. ENGINEERING SERVICES AGREEMENT FOR ELECTRIC TIE LINE - COMPLIANT STUDY: Moved by Vegge, seconded by Mahayni, to adopt RESOLUTION NO. 04-349 approving an Engineering Services Agreement for Electric Tie Line - Compliant Study. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REQUEST FOR WAIVER OF SUBDIVISION REQUIREMENTS FOR BIRDHAVEN SUBDIVISION: Mayor Tedesco advised that a letter had been placed around the dais from Fox Engineering, which was in response to the staff report on this request. Planner Ray Anderson pointed out the location of this proposed Subdivision: It would be located in Boone County, but within the two-mile subdivision jurisdiction of Ames. Scott Renaud, Fox Engineering, 1601 Golden Aspen Drive, Ames, indicated that he is representing the owners of the property, i.e., the Douglass Rex McCay Trust. Mr. Renaud showed an aerial photo of the area in question. He advised that the area is proposed to be developed as a single-family low-impact development. The area has restored prairie, wetlands and forest, which will be preserved as common open space as part of the development. Mr. Renaud stated they are requesting that the City of Ames waive its subdivision authority for this Subdivision, as it is located at the very edge of the two-mile boundary of Ames. The City Council was advised by Mr. Renaud that if this waiver is not granted, they request that the City waive the requirement for public infrastructure. As part of that process, Mr. Renaud said that they understood it would be necessary for agreements pertaining to the waiver of assessment rights and future disconnection of the rural water main to be signed. Mr. Renaud stated that they would like to begin development of this land yet this year. He advised that the Boone County Planning & Zoning Commission had approved this development. The request will be made to the Boone County Board of Supervisors if the Ames City Council approves it. Planning and Housing Director Matt Flynn stated that staff does not believe this proposed development would be compatible with the City’s Land Use Policy Plan (LUPP) and Urban Fringe Plan; the LUPP calls for this land to remain in an agricultural state. Ray Anderson pointed out that this land is not necessarily prime agricultural land, but it is not well suited for residential growth. Mr. Anderson pointed out that the City requires a minimum street paving width of 26 feet, and the developer is proposing a paving width of 16 feet; the City requires that streets be extended to the property lines to serve future development and to provide a coordinated system of streets for circulation, and the developer is not proposing any street connections to adjacent property; the City has a maximum street length of 1,320 feet for cul-de-sacs, and the proposed street far exceeds this maximum allowed distance. Additionally, Mr. Anderson said that the City requires that all lots abut a public street by a minimum of 35 feet, but the developer is proposing that four of the twenty (20) lots would not abut the proposed street easement; and the City requires sidewalks in all subdivisions, but the developer is not proposing any sidewalks. Council Member Cross pointed out that the City of Ames had repeatedly waived its subdivision authority for parcels of land located within the two-mile fringe. He said that even though the City’s LUPP designates this area to remain in an agricultural state, the applicant has stated that the land had not been farmed for several years. Because it now consists of wetlands, forest, and restored prairie, Mr. Cross questioned whether its best use was agricultural. 6 Matt Flynn suggested that staff study subdivision activity within the fringe area as an implementation strategy of the Urban Fringe Plan. After the Plan is adopted, staff could look more closely at low-impact subdivisions, lot splits, etc. This would probably take about three months after the adoption of the Urban Fringe Plan to complete. Moved by Vegge, seconded by Cross, to table this issue until the August 24th meeting. Motion withdrawn. Council Member Goodman stated that the Council has a request before them to allow development within the City’s two-mile fringe and not hold the developers to the requirements of our Subdivision Ordinance. He felt that the request should be denied because it is inconsistent with the City’s LUPP; however, low-impact development should be studied in the future. Moved by Mahayni, seconded by Cross, to refer this request back to staff and/or the property owner for additional information; the issue to be revisited after the adoption of the Urban Fringe Area Plan. Vote on Motion: 3-2. Voting aye: Cross, Mahayni, Vegge. Voting nay: Goodman, Wirth. Motion declared carried. SIDEWALK AGREEMENT FOR PROPOSED PARCEL B, OAKWOOD SECOND ADDITION, LOCATED AT 2719 ELWOOD DRIVE AND 2023 OAKWOOD ROAD: Moved by Mahayni, seconded by Wirth, to adopt RESOLUTION NO. 04-350 approving a Sidewalk Agreement for the proposed Parcel B (a replat of part of Lots 5 and 6, and all of Lot 7), Oakwood Subdivision, Second Addition, located at 2719 Elwood Drive and 2023 Oakwood Road. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REVISING PARKING REGULATIONS ON INDIANA AVENUE AND KANSAS DRIVE: Moved by Wirth, seconded by Vegge, to pass on second reading an ordinance revising parking regulations on Indiana Avenue and Kansas Drive. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE REVISING PARKING REGULATIONS ON WALLER STREET: Moved by Mahayni, seconded by Cross, to pass on second reading an ordinance revising parking regulations on Waller Street. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE REVISING PARKING REGULATIONS ON HUNT STREET: Moved by Wirth, seconded by Cross, to pass on second reading an ordinance revising parking regulations on Hunt Street. Roll Call Vote: 5-0. Motion declared carried unanimously. ZONING ORDINANCE TEXT AMENDMENTS REGARDING THE SOUTHEAST GATEWAY OVERLAY DISTRICT: Moved by Cross, seconded by Wirth, to pass on third reading and adopt ORDINANCE NO. 3783 making text amendments to the Zoning Ordinance regarding the Southeast Gateway Overlay District. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE AMENDING OFFICIAL ZONING MAP PERTAINING TO THE SOUTHEAST GATEWAY OVERLAY DISTRICT: Moved by Cross, seconded by Wirth, to pass on third reading and adopt ORDINANCE NO. 3784 amending the Official Zoning Map pertaining to the Southeast 7 Gateway Overlay District. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. unanimously. ORDINANCE REZONING PROPERTY LOCATED AT 405 SOUTH 16TH STREET: Moved by Cross, seconded by Vegge, to pass on third reading and adopt ORDINANCE NO. 3785 rezoning property located at 405 South 16th Street in Aspen Ridge Subdivision from “RM” (Residential Medium Density) to “F-PRD” (Planned Residence District). Roll Call Vote: 4-1. Voting aye: Cross, Mahayni, Vegge, Wirth. Voting nay: Goodman. Ordinance declared adopted, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE VACATING MAIN STREET RIGHT-OF-WAY ADJACENT TO CITY POWER PLANT: Moved by Cross, seconded by Wirth, to pass on third reading and adopt ORDINANCE NO. 3786 vacating Main Street right-of-way adjacent to the City Power Plant. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE ESTABLISHING PARKING REGULATIONS ON HARRISON CIRCLE: Moved by Cross, seconded by Wirth, to pass on third reading and adopt ORDINANCE NO. 3787 prohibiting parking at all times on the south side of Harrison Circle. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REVISING PARKING REGULATIONS ON WINDFIELD DRIVE: Moved by Cross, seconded by Wirth, to pass on third reading and adopt ORDINANCE NO. 3788 prohibiting parking on the north side of Windfield Drive from the west end of Windfield Drive to Eisenhower Avenue and on the south side of Windfield Drive from Eisenhower Avenue to Columbine Circle. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Moved by Vegge, seconded by Cross, to refer to staff the letter from the Iowa Lincoln Highway Association asking for the City’s support for designation of the Lincoln Highway as an Iowa Scenic Byway. Vote on Motion: 5-0. Motion declared carried unanimously. Andrew Tugan expressed his concern over the Land Use Policy Plan and its application. He feels it is a limiting tool, not only towards development, but also to the City Council; it’s not the planning tool that it should be. Mr. Tugan thinks that the same may be true for the Urban Fringe Plan; it may be a further limiting tool to concepts and ideals that the Council members want to further, but feel bound to a document. He believes these documents are not providing the guidance for which they were originally intended. ADJOURNMENT: 9:28 p.m. _________________________________ ________________________________________ Diane Voss, City Clerk Ted Tedesco, Mayor 8