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HomeMy WebLinkAbout~Master - Joint Meeting of the Ames City Council and Planning and Zoning Commission 09/14/2004 MINUTES OF THE JOINT MEETING OF THE AMES CITY COUNCIL AND PLANNING AND ZONING COMMISSION AND THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA SEPTEMBER 14, 2004 JOINT MEETING OF THE AMES CITY COUNCIL AND PLANNING & ZONING COMMISSION The Ames City Council met in joint session with the Planning & Zoning Commission at 6:00 p.m. on the 14th day of September, 2004, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law with Mayor Ted Tedesco presiding. The following Council members were present: Cross, Goodhue, Goodman, and Vegge. Council Members Mahayni and Wirth were absent. Andrew Tugan, ex officio member, was also present. Present from the Commission were: Espeset, Jons, Knight, Larson, and Mercier. Commission Members Feilmeyer and LeGates were absent. EAST 13TH STREET GATEWAY OVERLAY DISTRICT: Planner Ray Anderson explained that the Steering Committee, which was formed to develop design standards for the East 13th Street Gateway Overlay District, was comprised of 17 volunteers chosen by eight different focus groups. He introduced Jeffrey Johnson, Jim Gregory, and Jim Cooper, three members of the East 13th Street Gateway Overlay District Design Standards Committee, who were in attendance to present the recommended design standards. These regulations, if approved, would be applied to land designated on the Land Use Policy Plan Map as “Regional Commercial.” This land area is generally located north and south of East 13th Street on the east side of Interstate 35. Jeffrey Johnson described the eight focus groups: Design, Environment, ISU Students, Development, Transportation, Community, General Public, and the Developer. Mr. Johnson gave a chronological review of the five meetings held by the Steering Committee. Jim Gregory described the 11 “Shared Interests” that were approved by the Steering Committee on August 23, 2004. Jim Cooper summarized the recommended Design Standards for each “Shared Interest.” Mr. Cooper also explained the priority ranking process used by the Committee. It was recommended by the Steering Committee that the remaining steps in the process to adopt Design Standards for the East 13th Street Gateway Overlay District include the following: (1) City staff review of the Steering Committee recommendations; (2) Preparation of City staff recommendations for Design Standards to be included in the East 13th Street Gateway Overlay District; (3) Review of City staff recommendations by the Steering Committee; (4) Planning and Zoning Commission review of the proposed regulations for the East 13th Street Gateway Overlay District, followed by a recommendation to the City Council; (5) City Council to conduct a public hearing and three readings of an ordinance adopting the East 13th Street Gateway Overlay District zoning regulations. Moved by Goodhue, seconded by Cross, to refer to staff the Steering Committee recommendations, to be refined and brought back to the Steering Committee, the Planning & Zoning Commission, and the City Council. Vote on Motion: 4-0. Motion declared carried unanimously. ADJOURNMENT: 6:54 p.m. REGULAR MEETING OF THE AMES CITY COUNCIL The Ames City Council met in regular session at 7:00 p.m. on the 14th day of September, 2004, 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, Goodhue, Goodman, and Vegge. Council Members Mahayni and Wirth were absent. Andrew Tugan, ex officio member, was also present. CONSENT AGENDA: Mayor Tedesco announced that Item No. 5, which pertained to the transfer of a Class C Liquor license and Outdoor Service Area for Big Shots, 2522 Chamberlain Street, had been pulled by staff. Council Member Vegge requested to pull Item Nos. 17, 18, and 19 from the Consent Agenda for separate discussion. Moved by Goodhue, seconded by Cross, to approve the following items on the Consent Agenda: 1. Motion approving payment of claims 2. Motion approving minutes of the regular meeting of August 24, 2004, and special meeting of August 31, 2004 3. Motion approving certification of civil service applicants 4. Motion approving renewal of the following liquor licenses and beer permits: a. Class C Liquor - Corner Pocket, 125 Main Street b. Class C Beer - Decker's Petro Palace, 821 Lincoln Way c. Class C Beer and Class B Wine - K-Mart, 1405 Buckeye Avenue d. Special Class C Liquor - Le's Vietnamese Restaurant, 113 Colorado Avenue e. Class C Liquor - Mandarin Restaurant, 415 Lincoln Way 5. Motion approving application for new Class C Liquor license for Hacienda Restaurant, 327 Lincoln Way 6. Motion approving application for new Class E Liquor license, Class B Wine permit, and Class C Beer permit for Village Wine & Spirits, 2613 Northridge Parkway, pending issuance of Certificate of Occupancy 7. Motion approving an encroachment permit for an awning at 316 Main Street 8. Ames High School Homecoming: a. Motion approving request for permit allowing fireworks display east of the AHS Football field at approximately 8:45 p.m. on October 8, 2004 b. RESOLUTION NO. 04-385 approving the parade route along Fifth Street to Clark Avenue, Clark Avenue through the CBD parking lot, and back to Duff Avenue on October 4, 2004, including parking prohibitions on streets surrounding Bandshell Park (not metered spaces on Main Street) with a rain date of October 6, 2004 c. RESOLUTION NO. 04-386 approving closure of Duff Avenue from 6:30 to 7:30 p.m. on October 4, 2004 d. RESOLUTION NO. 04-387 approving request for waiver of electrical and police charges 9. Octagon Art Festival on September 26, 2004: a. Motion approving blanket temporary obstruction permit for sidewalks adjacent to closed streets b. Motion approving blanket vending license for the duration of the event c. RESOLUTION NO. 04-388 approving closure of the following streets from 6 a.m. to 6 p.m: i. Main Street from a point east of the Wells Fargo driveway to the east side of the intersection of Main and Douglas ii. Burnett Avenue from Main Street to a point just north of the downtown alley iii. Kellogg Avenue from Main Street to a point just north of the downtown alley iv. Douglas Avenue from Main Street to Fifth Street d. RESOLUTION NO. 04-389 approving closure of parking spaces within the closed street areas, as well as the first two parking spaces on the north and south sides of Main Street just east of the barricade at Douglas e. RESOLUTION NO. 04-390 waiving fees for use of electricity during the event 10. RESOLUTION NO. 04-391 approving voting delegate for the National League of Cities Conference 11. RESOLUTION NO. 04-392 approving Sue Ellen Tuttle to fill vacancy on the Human Relations Commission 12. RESOLUTION NO. 04-393 approving Jennifer Hawkins to fill vacancy on the Commission On The Arts 13. RESOLUTION NO. 04-394 approving expenditures for Neighborhood Improvement Program projects for 2004/05 14. RESOLUTION NO. 04-395 approving Annual Street Finance Report for fiscal year ending June 30, 2004 15. RESOLUTION NO. 04-396 approving modification and amendment of Northern Gas Company Easement Grant and Encroachment Agreement pertaining to Taylor Glenn Subdivision 16. RESOLUTION NO. 04-400 approving Lease Agreement for maintaining parking meters adjacent to 303 Welch Avenue along Hunt Street 17. RESOLUTION NO. 04-401 approving preliminary plans and specifications for Combustion Turbine Generator Project, Contract No. 4 – Demineralized Water Storage Tank; setting September 30, 2004, as bid due date and October 12, 2004, as date of public hearing 18. RESOLUTION NO. 04-402 approving preliminary plans and specifications for 2004/05 Clear Water Diversion Program; setting October 6, 2004, as bid due date and October 12, 2004, as date of public hearing 19. RESOLUTION NO. 04-403 approving preliminary plans and specifications for CyRide Garage Expansion; setting October 14, 2004, as bid due date and October 26, 2004, as date of public hearing 20. RESOLUTION NO. 04-404 approving amendment to 2004/05 budget for various fleet purchases in the total amount of $135,135.00 21. RESOLUTION NO. 04-405 awarding contract for Truck Chassis, Tandem Axle, and Conventional Cab to O'Halloran International, Inc., of Des Moines, Iowa, in the amount of $57,357.00 22. RESOLUTION NO. 04-406 awarding contract for Water Plant Coating and Repair Project to TMI Coatings, Inc., of St. Paul, Minnesota, in the amount of $65,825, plus $125/hour for welding 23. RESOLUTION NO. 04-407 awarding contract for Parks and Recreation Department facilities reservations, registration, reporting, and point of sale hardware and software to Vermont Systems, Inc., in the amount of $64,924 24. RESOLUTION NO. 04-408 approving contract and bond for Fifth Street/Grand Avenue Parking Lot 25. RESOLUTION NO. 04-409 accepting completion of South Sheldon Avenue Pole Line Relocation Project 26. RESOLUTION NO. 04-410 accepting completion of 2003/04 Water System Improvements Program 27. RESOLUTION NO. 04-411 accepting completion of 2004/05 Water System Improvements Program, Contract 1 Roll Call Vote: 4-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ENGINEERING SERVICES AGREEMENTS FOR 2005/06 CYRIDE ROUTE RECONSTRUCTION (WELCH AVENUE - HUNT STREET TO STORM STREET), FOR 2005/06 COLLECTOR STREET REHABILITATION (NORTHWESTERN AVENUE - 6TH STREET TO 20TH STREET), AND FOR WEST LINCOLN WAY WIDENING: Council Member Vegge asked what services the City receives for the fee paid to outside engineering firms. City Manager Steve Schainker explained that the engineering firm develops the plans and specifications and contract documents, which are distributed to prospective bidders. This ensures that all bidders are bidding on the exact same project. They also assist the City in reviewing the bids to determine the best and most responsive bid, and members of the engineering firm spend time on site to monitor the project. Moved by Vegge, seconded by Cross, to adopt RESOLUTION NO. 04-397 approving the Engineering Services Agreement for 2005/06 CyRide Route Reconstruction (Welch Avenue – Hunt Street to Storm Street), RESOLUTION NO. 04-398 approving the Engineering Services Agreement for 2005/06 Collector Street Rehabilitation (Northwestern Avenue – 6th Street to 20th Street), and RESOLUTION NO. 04-399 approving the Engineering Services Agreement for West Lincoln Way Widening. Roll Call Vote: 4-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: Jon Shelness, 405 Tama Street, Slater, Iowa, speaking as a student advocate, advised that classes have resumed at Iowa State University and there has been no trouble to date. Mr. Shelness believes that action needs to be taken by the Ames City Council to ensure that continues. He suggested that the City purchase the book entitled, “Positive Peer Culture,” by Harry Vorrath and Larry Brendtro. Mr. Shelness also suggested that the City Council tour the Woodward Academy. SUSTAINABLE NEIGHBORHOOD CONTRACT AND PROGRAM GUIDELINES: It was clarified by Mr. Schainker that staff proposed the City’s funds be given to the Sustainable Neighborhoods, Inc., to be distributed to the borrower(s). The borrower would sign a contract with Sustainable Neighborhoods, Inc., with repayment provisions, so that the Sustainable Neighborhoods group recaptures the funds. Council Member Goodhue said that he preferred this program be applicable to the entire community and not be restricted to a certain area of Ames. Discussion ensued on the mechanics of this program. It was the consensus of the Council members present that they did not have enough information to make a decision on this issue at this meeting. Moved by Goodman, seconded by Vegge, to table this matter until the September 28, 2004, meeting. Vote on Motion: 4-0. Motion declared carried unanimously. REQUEST FOR WAIVER OF INFRASTRUCTURE REQUIREMENTS FOR BIRDHAVEN SUBDIVISION: Planning & Housing Director Matthew Flynn reminded the City Council that a request to waive all City of Ames subdivision requirements made by Fox Engineering, on behalf of the Douglass Rex McCay Trust, had been referred to staff on July 27, 2004. This proposed subdivision is located outside the Ames corporate limits (in Boone County), but within the City of Ames two-mile area for subdivision jurisdiction. Mr. Flynn gave a brief chronology of events leading up to this meeting. Mr. Flynn advised that the growth priority area for the City of Ames, as identified in the Land Use Policy Plan (LUPP), extends west to the boundary between Boone County and Story County. The proposed subdivision is located approximately 1 3/4 miles west of the City’s corporate limits and is outside the area where residential growth for the City of Ames is planned to the year 2030. The subject site is designated as “Agricultural/Farmstead” on the Future Land Use Map of the LUPP. The City Council was informed that this proposed subdivision would not meet City of Ames development standards. Mr. Flynn outlined the options before the City Council. He said that he had visited the site and the viability of this land as agricultural is questionable due to the wetlands and trees; the land had not been farmed since 1989. Doug McCay, 5500 - 240th Street, Ames, urged the City Council to grant the waiver of infrastructure requirements. He advised that he did not intentionally circumvent the City of Ames’ subdivision authority; however, he thought that Boone County had sole jurisdiction. He is aware now that the City of Ames annexed property west of its limits, which made his property within Ames’ two-mile jurisdiction. Mr. McCay clarified that the road leading to 229th Place can be widened as he has an easement for additional ground other than the 24' that he owns. He described the type of septic systems that he is proposing to use for this development; all will meet IDNR standards. Mr. McCay said that the Subdivision will contain all paved roads. He suggested that the Urban Fringe Report be amended to designate this land as “Rural Residential.” Jim Popken, 920 Clark Avenue, Ames, said that he supported a study of low-impact development; however, he is concerned that there may be problems with annexation in the future. He hoped that approving similar subdivisions would not become a practice of the City. Mr. Popken preferred that the City Council deny this request. Council Member Cross pointed out that there is a development now occurring across from Bentwood Subdivision on West Lincoln Way. It would lead up to the land in question; an island of residential development would not be created if this Subdivision were approved. Discussion ensued on whether it was necessary to amend the Land Use Policy Plan before this Subdivision received approval. Moved by Cross, seconded by Vegge, to refer this request back to staff for development of a strategy to allow approval of this Subdivision, including the following stipulations: 1. That the property owners waive their rights to object to future assessments for public improvements, including, but not limited to, street paving, bicycle paths, sidewalks, and utility improvements prior to consideration of the Final Plat by the City Council; and,. 2. That the property owners agree to pay any and all costs related to disconnection of the rural water facilities at the time land in this Subdivision is annexed into the City of Ames and prior to consideration of the Final Plat by the City Council; and, directing City staff to place this issue on the City Council’s September 28, 2004, meeting. Vote on Motion: 3-1. Voting aye: Cross, Goodhue, Vegge. Voting nay: Goodman. Motion declared carried. DOWNTOWN REVOLVING LOAN PROGRAM FOR FACADE IMPROVEMENTS: Moved by Goodman, seconded by Goodhue, to adopt RESOLUTION NO. 04-413 approving revisions, as suggested by staff, to the Program Guidelines. Roll Call Vote: 4-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON GENERAL OBLIGATION BONDS, SERIES 2004: Mayor Tedesco opened the public hearing. There being no one wishing to speak, he closed the hearing. Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 04-414 approving issuance of General Obligation Bonds in an amount not to exceed $5,960,000 and setting the date of sale for September 28, 2004. Roll Call Vote: 4-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON MORTENSEN ROAD SANITARY SEWER EXTENSION PROJECT: The public hearing was opened by the Mayor and closed after no one wished to speak. Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 04-415 approving final plans and specifications and awarding a contract to Rognes Corporation of Ames, Iowa, in the amount of $127,956. Roll Call Vote: 4-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON 2004/05 WATER SYSTEM IMPROVEMENTS PROGRAM - WATER SERVICE TRANSFER CONTRACT NO. 2: The Mayor opened the public hearing and closed same since no one came forward to speak. Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 04-416 approving final plans and specifications and awarding a contract to Ames Trenching & Excavating, Inc., of Ames, Iowa, in the amount of $69,094.60. Roll Call Vote: 4-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON COMBUSTION TURBINE GENERATOR PROJECT, CONTRACT NO. 10 – SITE PREPARATION, FOUNDATIONS, AND UNDERGROUND: Mayor Tedesco opened the public hearing. No one wished to speak, and the hearing was closed. Moved by Cross, seonded by Goodhue, to adopt RESOLUTION NO. 04-417 approving final plans and specifications and awarding contract to Story Construction Co., of Ames, Iowa, in the amount of $1,358,000. Roll Call Vote: 4-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON NUISANCE ASSESSMENT: The public hearing was opened and closed after no one asked to speak on this matter. Moved by Goodhue, seconded by Vegge, to adopt RESOLUTION NO. 04-418 assessing the costs of noxious weed removal and certifying the assessment to the Story County Treasurer. Roll Call Vote: 4-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON A TEXT AMENDMENT TO THE ZONING ORDINANCE REGULATIONS IN THE “S-SMD” (SOUTH LINCOLN MIXED-USE DISTRICT) PERTAINING TO THE MAXIMUM WIDTH OF DRIVEWAYS: The Mayor opened the hearing and closed it after no one wished to speak. Moved by Goodhue, seconded by Vegge, to pass on first reading an ordinance making a zoning text amendment to the regulations in the “S-SMD” (South Lincoln Mixed-Use District) pertaining to the maximum width of driveways. Roll Call Vote: 4-0. Motion declared carried unanimously. ORDINANCE REVISING THE SPEED LIMIT FOR STANGE ROAD: Moved by Goodhue, seconded by Cross, to pass on first reading an ordinance revising the speed limit for Stange Road to refer to Kingston Drive instead of Somerset Drive. Roll Call Vote: 4-0. Motion declared carried unanimously. ORDINANCE ESTABLISHING PARKING REGULATIONS ON MARSHALL AVENUE: Moved by Cross, seconded by Goodhue, to pass on first reading an ordinance establishing parking regulations on Marshall Avenue. Roll Call Vote: 4-0. Motion declared carried unanimously. ORDINANCE REVISING SNOW ROUTES: Moved by Goodhue, seconded by Vegge, to pass on first reading an ordinance revising snow routes. Roll Call Vote: 4-0. Motion declared carried unanimously. ORDINANCE VACATING A PORTION OF RIGHT-OF-WAY PERPENDICULAR TO GRAND AVENUE BETWEEN FIFTH AND SIXTH STREETS: Moved by Cross, seconded by Goodhue, to pass on third reading and adopt ORDINANCE NO. 3795 vacating a portion of right- of-way perpendicular to Grand Avenue between Fifth and Sixth Streets. Roll Call Vote: 4-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ZONING ORDINANCE TEXT AMENDMENT REGARDING FENCING HEIGHT REGULATIONS WITHIN SIDE-YARD SETBACKS: Moved by Cross, seconded by Vegge, to pass on third reading and adopt ORDINANCE NO. 3796 making a zoning text amendment regarding fencing height regulations within side-yard setbacks. Roll Call Vote: 4-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ZONING ORDINANCE TEXT AMENDMENT REGARDING THE MAXIMUM HEIGHT OF PICKET FENCES IN THE “F-VR” (VILLAGE RESIDENTIAL DISTRICT): Moved by Goodhue, seconded by Goodman, to pass on third reading and adopt ORDINANCE NO. 3797 making a zoning text amendment regarding the maximum height of picket fences in the “F-VR” (Village Residential District). Roll Call Vote: 4-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ZONING ORDINANCE TEXT AMENDMENT REGARDING A DEMOLITION AND DEVELOPMENT DEFERRAL OVERLAY DISTRICT IN THE UNIVERSITY-IMPACTED AREA: Moved by Goodman, seconded by Cross, to table this item until September 28, 2004, meeting. Roll Call Vote: 3-1. Voting aye: Cross, Goodman, Vegge. Voting Nay: Goodhue. Motion declared carried. ORDINANCE AMENDING THE OFFICIAL ZONING MAP: Moved by Goodman, seconded by Cross, to table this item until September 28, 2004, meeting. Roll Call Vote: 3-1. Voting aye: Cross, Goodman, Vegge. Voting Nay: Goodhue. Motion declared carried. COMMENTS: Moved by Vegge, seconded by Goodman, to refer to staff the letter from Tony Borich. Vote on Motion: 4-0. Motion declared carried unanimously. Council Member Goodman asked to discuss the Pedestrian Walkway Workshop planned for September 30, 2004. It had been determined that as many as several hundred to over a thousand people could be attending this Workshop, and he did not believe that adequate dialogue would be created due to the group being too large. Discussion ensued as to options for managing this Workshop. Moved by Goodman, seconded by Goodhue, to direct staff to send a letter: (1) explaining the Program to all affected property owners (giving an e-mail address and a phone number for contacting the City); (2) giving a date for the informative meeting with staff, i.e., September 30, 2004; (3) advising that from that group, a sampling [possibly 12 individuals] would be invited to a workshop with the City Council on November 9, 2004, and (4) indicating that a decision will be made on December 14, 2004. Vote on Motion: 4-0. Motion declared carried unanimously. Moved by Goodhue, seconded by Vegge, to refer to staff the letter from CombiSep dated September 10, 2004. Vote on Motion: 4-0. Motion declared carried unanimously. Moved by Goodhue, seconded by Vegge, to refer to staff the letter from CombiSep dated September 10, 2004. Vote on Motion: 4-0. Motion declared carried unanimously. ADJOURNMENT: 9:15 p.m. ___________________________________ ____________________________________ Diane R. Voss, City Clerk Ted Tedesco, Mayor