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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 07/22/2003MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA JULY 22, 2003 The Ames City Council met in regular session at 7:00 p.m. on the 22nd day of July, 2003, 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: Goodhue, Hoffman, and Mahayni. Due to an unexpected business trip to San Francisco, California, Council Member Cross participated electronically. Council Members Vegge and Wirth were absent due to planned vacations. Nate Johnston, ex officio member, was also present. RECOGNITION OF REPRESENTATIVES FROM SUDAN: Mayor Tedesco presented a Certificate of Recognition to Oyay Deng Ajak, Bior Ajang Duot, James Kok, visitors from Sudan. CONSENT AGENDA: Moved by Goodhue, seconded by Mahayni, to approve the following items on the Consent Agenda: 1. Motion approving payment of claims 2. Motion approving minutes of the special and regular meetings of July 8, 2003 3. Motion approving the following beer permits and liquor licenses: a. Class C Liquor – Sportsman's Lounge, 123 Main Street b. Class C Liquor - Café Northwest, 114 South Duff Avenue 4. RESOLUTION NO. 03-282 approving Auditor's Report to Management and SAS No. 61 Letter for year ended June 30, 2002 5.RESOLUTION NO. 03-283 approving Mutual Aid Agreement between City of Ames and City of Boone Fire Departments 6. RESOLUTION NO. 03-284 authorizing an increase in fees charged for public fingerprinting and animal adoptions 7. RESOLUTION NO. 03-285 approving Annual Contracts for 2003/04 with human service agencies 8. RESOLUTION NO. 03-286 approving request from Heartland Senior Services for additional allocation of 2002/03 ASSET funds for bus purchase 9. Public Art Commission: a. RESOLUTION NO. 03-287 authorizing expending public art donations for signage at Cynthia Duff Plaza b. RESOLUTION NO. 03-288 amending payment terms and completion date for “Ames Circle of Arts” sculpture 10. RESOLUTION NO. 03-289 approving/motion denying request for reimbursement of marketing expenditures for Ames Economic Development Commission from January 1 to June 30, 2003, in the amount of $24,519.79 11. RESOLUTION NO. 03-290 approving Change Order No. 3 for 6th Street Reconstruction and Streetscape Improvements (Grand Avenue to Duff Avenue) and 2002/03 CyRide Route Reconstruction Project 12. RESOLUTION NO. 03-291 approving contract change order for Water Plant Lime Sludge Disposal 13. RESOLUTION NO. 03-292 waiving the formal bidding process and awarding a contract for Fire Rescue Vehicle to American LaFrance of Iowa in the amount of $157,880 14. RESOLUTION NO. 03-293 approving plans and specifications for South Sheldon Avenue Pole Line Relocation Project; setting August 14, 2003, as bid due date and August 26, 2003, as date of public hearing Roll Call Vote: 4-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: No one spoke during this time. 14-DAY CLASS B BEER PERMIT AND OUTDOOR SERVICE PRIVILEGE FOR AMES JAYCEES FUND-RAISING EVENTS: Moved by Goodhue, seconded by Cross, to approve the application for a 14-day Class B Beer Permit and Outdoor Service Privilege for the Ames Jaycees fund- raising events to be held in Bandshell Park on August 15 and 22, 2003. City Attorney John Klaus reported that the Municipal Code vested a number of powers to the Parks and Recreation Commission that pertain to parks issues. That commission met and approved the Jaycees' request to hold its fund-raising event in Bandshell Park, and the Council was to act solely on approval of the beer permit. Council Member Hoffman indicated that this was a neighborhood park that allowed no alcohol. She felt that if it were held in one of the larger parks where alcohol was allowed, it would not present a problem. Judi Potorff, chair of the “Ames on the Half Shell,” 801 Hubbell, Kelley, Iowa, stated that the organization looked at several parks. However, for the Jaycees' fund-raising efforts, it wanted to be in close proximity to the Downtown Business District. Ms. Potorff further explained that the Jaycees' wished to assist with the Bandshell restoration project by donating monies through its fund- raising efforts. Approximately 450 attendees were anticipated. Vote on Motion: 2-2. Voting aye: Cross, Goodhue. Voting nay: Hoffman, Mahayni. Mayor Tedesco voted aye to break the tie. Motion declared carried. DOWNTOWN DOLLAR DAYS REQUESTS: Moved by Goodhue, seconded by Mahayni, to approve the Ames Main Street District's request for a blanket temporary obstruction permit for the Central Business District for use of one-half of the sidewalks by the merchants for July 24-26, 2003. Vote on Motion: 4-0. Motion declared carried unanimously. Moved by Goodhue, seconded by Mahayni, to approve the Ames Main Street District's request for a blanket vending license on Main Street for July 26, 2003. Vote on Motion: 4-0. Motion declared carried unanimously. Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 03-294 approving the Ames Main Street District's request to waive electrical fees for two food vendors on July 26, 2003. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 03-295 approving the Ames Main Street District's request to suspend parking regulations for the Downtown Dollar Days Sale for July 24, 25, and July 26, 2003. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC ART DONATIONS: Nancy Polster, chair and member of the Public Art Commission, 1228 Orchard Drive, appeared before the Council. She had been on the Commission for five and one- half years; however, she was now moving to Tucson, Arizona, and wished to donate one of her works as well as those from two other artists to the City's public art collection. She thanked the Council for allowing the Commission to accomplish what it has and encouraged its continued support. 2 Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 03-296 accepting the following art work donations from Nancy Polster to be included in the City of Ames public art collection: 1) 'The Heartbreak of America,' by artist Nancy Polster; 2) 'Plains State,' by artist Janice Shotwell; and, 3) untitled traditional batik on fabric by artist Bihari. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. WAIVER OF SUBDIVISION REQUIREMENTS FOR 26722 U.S. HIGHWAY 69: Moved by Cross, seconded by Goodhue, to adopt RESOLUTION NO. 03-297 approving the waiver of subdivision requirements for property located at 26722 U.S. Highway 69 with the following stipulations: 1) 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; 2) 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; 3) the property owners have a legal document prepared to establish a cross-easement to provide access across Lot 1 for Lot 2; and, 4) once the property owners provide one copy of the “Covenant for Assessment of Costs of Improvements” and the “Covenant Pertaining to Water Service” as well as a copy of the recorded cross-easement and Plat of Survey, the City will waive the requirement for the platting of a Minor Subdivision and will record both Covenants. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON ANNEXATION OF 2501 TIMBERLAND ROAD: Mayor Tedesco opened the public hearing. Property owner Ardis McMechan, 2501 Timberland Road, asked that the Council approve her request to annex into the City thereby granting her the annexation tax abatement. There being no one further wishing to speak, the hearing was closed. Moved by Hoffman, seconded by Goodhue, to adopt RESOLUTION NO. 03-298 approving the voluntary annexation of property located at 2501 Timberland Road and granting the annexation tax abatement. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON REZONING OF 2501 TIMBERLAND ROAD FROM “A” TO “RL”: The hearing was opened by Mayor Tedesco. No one wished to speak, and the Mayor closed the hearing. Moved by Goodhue, seconded by Cross, to pass on first reading an ordinance rezoning property located at 2501 Timberland Road from “A” (Agricultural) to “RL” (Residential Low Density). Roll Call Vote: 4-0. Motion declared adopted unanimously. HEARING ON GENERAL OBLIGATION BONDS, SERIES 2003: Upon questioning, Assistant Finance Director Sue Rybolt explained that the $1.4 million for the Ada Hayden Heritage Park was a referendum bond. The Council had already taken action on those bonds, and they will just be a part of this bond issuance. Mayor Tedesco opened the public hearing. There being no one wishing to speak, the hearing was closed. 3 Moved by Goodhue, seconded by Mahayni, to adopt RESOLUTION NO. 03-299 authorizing the issuance of Essential Corporate General Obligation Bonds in an amount not to exceed $5,130,000. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON 2003/04 ASSESSMENT PAVING PROGRAM NO. 1: The hearing was opened by Mayor Tedesco. No one wished to speak, and the Mayor closed the hearing. Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 03-300A accepting a warranty deed of right-of-way for street construction in connection with the 2003/04 Assessment Paving Program No. 1 (Division I - SE 2nd Street from Sumner Avenue to Kingsbury Avenue and Kingsbury Avenue from SE 2nd Street to Lincoln Way; Division II - East Avenue from Lincoln Way to East 2nd Street). Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 03-300B approving a temporary construction easement in connection with the 2003/04 Assessment Paving Program No. 1 (Division I - SE 2nd Street from Sumner Avenue to Kingsbury Avenue and Kingsbury Avenue from SE 2nd Street to Lincoln Way; Division II - East Avenue from Lincoln Way to East 2nd Street). Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 03-301 approving final plans and specifications and awarding a contract to Con-Struct, Inc., of Ames, Iowa, in the amount of $197,641.18. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON SALE OF 623 NINTH STREET: Housing Coordinator Vanessa Baker-Latimer reported that the agreement wording needed to reflect a change in the construction completion date. Construction will be done by November 28, 2003, instead of October 31, 2003. When asked where the proceeds from the sale of this property will go, Ms. Baker-Latimer stated that the money will be put into the affordable housing program. The hearing was opened by Mayor Tedesco. No one wished to speak, and the Mayor closed the hearing. Moved by Hoffman, seconded by Goodhue, to adopt RESOLUTION NO. 03-302 approving a contract with Amellen Construction and Sales, Inc., for the redevelopment and sale of City-owned property at 623 Ninth Street. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON VACATING A PORTION OF MANNING AVENUE: Mayor Tedesco opened the public hearing. Jay Avellino, 115/117 Manning Avenue, said that he had circulated the petition that had been filed with the City for the vacation of a portion of Manning Avenue. He stated his concerns regarding stormwater run-off from Lincoln Way. He requested that the Council approve the petitioners' request to close off 4 the north end of this street. Sharon Guber, 125 State Avenue, submitted pictures taken in the Manning Avenue area showing some flooding that occurred after two minor rainfalls. There being no one further wishing to speak, the hearing was closed. Moved by Goodhue, seconded by Mahayni, to pass on first reading an ordinance vacating the north 30 feet of Manning Avenue. Roll Call Vote: 4-0. Motion declared adopted unanimously. GRANT APPLICATION FOR PLANTINGS FOR THE SOUTHEAST ENTRYWAY: Jeff Benson, Planner, showed an overhead projection that displayed all phases of the planting plan for the Southeast Entryway. He explained that while the project is not ready to be built, the City has the opportunity to apply for approximately $100,000 in grant monies for the planting work. He further explained that if the City did not move forward, it may jeopardize our ability to receive funding. Mr. Benson reported that once the plants were installed, the City would be responsible for maintaining the areas. City Manager Steve Schainker reminded the Council that, at a previous meeting, it had directed staff to resolve five crucial issues. He indicated that within the next four to six weeks, staff should be able to finalize these matters. Monte Parrish, 1511 Stone Brooke Road, stated that he was in favor of this project. The South Ames Business Neighborhood was continuing to work towards and obtain funding for the remainder of the project. He reported that the fill material for the grading work will be donated once that part of the project is underway. Moved by Goodhue, seconded by Hoffman, to adopt RESOLUTION NO. 03-303 approving application to the Iowa Department of Transportation for a Permit to Sponsor Highway Plantings and to the Iowa Department of Transportation/Iowa Department of Natural Resources for grant funding for all phases of the planting plan for the Southeast Entryway with the understanding that the City may not accept the grant until the five directives given to staff at the March 25, 2003, Council meeting were completed. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. STAFF REPORT ON SIDEWALK POLICY: Eric Jensen, Planner, explained that both the Land Use Policy Plan and the Transportation Master Plan encouraged alternative methods of transportation, including pedestrian travel. It was further supported by the Subdivision Regulations which require the installation of sidewalks on both sides of all public streets within all new subdivisions. Waivers of the sidewalk requirements have been requested numerous times, with varied outcomes. Mr. Jensen said that staff needed some direction to solidify the Council's policy regarding: 1) when sidewalks were required; and, 2) security requirements for the installation of sidewalks. He stated that staff surveyed ten cities in Iowa, and he reviewed those results. Mr. Jensen presented six different policy options to the Council, and Policy Option F was staff's recommendation. He said that the Planning and Zoning Commission reviewed these same options, and it recommended that the Council approve Policy Option F as well. 5 Moved by Hoffman, seconded by Mahayni, to approve Policy Option F, which stipulates: 1) sidewalks are to be installed on both sides of all residential and commercial streets and on one side of industrial streets; 2) where bike paths are to be placed according to the Bike Master Plan, the path will substitute the requirement for a sidewalk; 3) deferments for installation of sidewalks will be granted when topographic conditions exist that make the walk installation difficult or the installation of the walk is premature; 4) continued usage of a sidewalk agreement as a security mechanism; and, 5) in cases where the installation of the sidewalk is deferred, the deferment of the walk requirement must be accompanied by an agreement and a letter of credit, or other security instrument, to ensure the installation of the deferred walk; and, direct staff to solicit input from identified interest groups regarding Policy Option F prior to bringing the sidewalk issue back to Council for a formal amendment to the City's Subdivision Regulations. Council Member Cross questioned why the City would handle sidewalk deferments any differently than deferments made when requests for waivers of subdivision requirements (for properties located within the City's two-mile jurisdiction) were received. The City did not ask for any financial security in these instances. City Attorney Klaus explained that in those situations within the two-mile jurisdiction, a covenant is created that runs with the land whereby the current owner, or subsequent owner, binds themselves to pay any special assessment that the City might impose in the future for the cost of any improvements. Council Member Cross stated that this same concept could be used for sidewalk installations. Brian O'Connell, Director of Planning and Housing, stated that rural subdivisions were secured by agreements for payment of assessments for streets, sewers, water mains, etc.— considerably more than costs associated with sidewalk installations. It was staff's belief that a liquid security, such as a letter of credit, would be easier to administer. City Manager Schainker stated that all of the cities surveyed but one required a security. Cities are trying to be more flexible and getting away from special assessments. Planning Director O'Connell explained that if the deferment/special assessment technique was used and the property then sold, it may be that the new property owner would have to pay for an improvement that he/she knew nothing about. Vote on Motion: 4-0. Motion declared carried unanimously. INSTALLATION OF FOUR-WAY STOP AT ARIZONA AVENUE AND ROSS ROAD: Moved by Hoffman, seconded by Mahayni, to table this item until the August 12, 2003, Council meeting. Vote on Motion: 4-0. Motion declared carried unanimously. PARKING REGULATIONS ON BURNETT AVENUE: Moved by Goodhue, seconded by Mahayni, to pass on first reading an ordinance removing the existing alternate no parking restrictions in the 600 block of Burnett Avenue and to install permanent no parking signs on the west side of the 600 block of Burnett Avenue. Roll Call Vote: 4-0. Motion declared carried unanimously. 6 Moved by Cross, seconded by Mahayni, to adopt RESOLUTION NO. 03-304 approving an amendment to the Parking Meter Map to include the addition of parking meters on the east side of Burnett Avenue between Sixth Street and Seventh Street. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE ESTABLISHING 1305 COCONINO ROAD URBAN REVITALIZATION AREA: Moved by Goodhue, seconded by Cross, to pass on second reading an ordinance establishing the 1305 Coconino Road Urban Revitalization Area. Roll Call Vote: 4-0. Motion declared carried unanimously. ORDINANCE MAKING A ZONING TEXT AMENDMENT TO ESTABLISH A NEW ZONING DISTRICT-“O-SLF”: Moved by Goodhue, seconded by Mahayni, to pass on third reading and adopt ORDINANCE NO. 3718 making a zoning text amendment to establish a new zoning district - “O-SLF” (South Lincoln Fringe Overlay Zoning District). Roll Call Vote: 4-0. Motion declared carried unanimously. ORDINANCE REZONING PROPERTY LOCATED BETWEEN SHERMAN AVENUE AND THE ALLEY EAT OF SHERMAN AVENUE: Moved by Hoffman, seconded by Goodhue, to pass on third reading and adopt ORDINANCE NO. 3719 rezoning property located between Sherman Avenue and the alley east of Sherman Avenue from “HOC” (Highway-Oriented Commercial) to “HOC” (Highway- Oriented Commercial) and “O-SLF” (South Lincoln Fringe Overlay). Roll Call Vote: 4-0. Motion declared carried unanimously. ORDINANCE MAKING A ZONING TEXT AMENDMENT TO ESTABLISH MINIMUM OFF- STREET PARKING REQUIREMENTS FOR GO-CART TRACK FACILITIES: Moved by Hoffman, seconded by Mahayni, to pass on third reading and adopt ORDINANCE NO. 3720 making a zoning text amendment to establish minimum off-street parking requirements for go-cart track facilities. Roll Call Vote: 4-0. Motion declared carried unanimously. ORDINANCE REVISING OCCUPANCY LIMITS OF THE RENTAL HOUSING REGULATIONS FOR HOUSES THAT WERE DOWN-ZONED FROM R-3 AND R-4: Moved by Goodhue, seconded by Cross, to pass on third reading and adopt ORDINANCE NO. 3721 revising occupancy limits of the rental housing regulations for houses that were down-zoned from R-3 and R-4 to the RL and UCRM Zoning Districts, with the following stipulations: 1. The occupancy allowance that existed prior to May 2000 will be allowed to remain for a period of 36 months. 2. There is no change to the “use” of the property. 3. The property is not sold. Roll Call Vote: 4-0. Motion declared carried unanimously. ORDINANCE INCREASING FINE FOR ILLEGAL PARKING VIOLATIONS: Moved by Hoffman, seconded by Goodhue, to pass on third reading and adopt ORDINANCE NO. 3722 increasing the fine for illegal parking violations from $5 to $10, and $15 if paid after 30 days. Roll Call Vote: 4-0. Motion declared carried unanimously. COMMENTS: There were no comments. 7 ADJOURNMENT: 8:10 p.m. _________________________________ ________________________________________ Diane Voss, City Clerk Ted Tedesco, Mayor _________________________________ Jill Ripperger, Recording Secretary 8