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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 10/22/2002MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA OCTOBER 22, 2002 The Ames City Council met in regular session at 7:00 p.m. on the 22 day of October, 2002, in thend City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law with Mayor Ted Tedesco presiding and the following Council members present: Cross, Goodhue, Hoffman, Quirmbach, Vegge, and Wirth. PROCLAMATION FOR CHARACTER COUNTS WEEK: The week of October 20-26, 2002, was proclaimed by Mayor Tedesco as Character Counts Week. Ray Richardson, Superintendent of the Ames Community Schools, appeared before Council to accept the proclamation. PROCLAMATION FOR WORLD TOWN PLANNING DAY: Mayor Tedesco proclaimed November 8, 2002, as World Town Planning Day. Planning and Housing Director Brian O’Connell accepted the proclamation. PROCLAMATION FOR ERADICATE POLIO DAY: October 23, 2002, was proclaimed by Mayor Tedesco as Eradicate Polio Day. John McKinney, David Dickson, and David Benson accepted the proclamation. PRESENTATION OF HUMANITARIAN AWARD: Mayor Tedesco and Elaine Dunn, Chair of the Human Relations Commission, presented a Humanitarian Award for 2002 to Barbara Woods for her many contributions towards encouraging and working for diversity in the Ames community. CONSENT AGENDA: Moved by Cross, seconded by Hoffman, to approve the following items on the Consent Agenda: 1.Motion approving payment of claims 2.Motion approving minutes of regular meeting of October 8, 2002 3.Motion approving renewal of the following beer permits/liquor licenses: a.Class C Liquor & Outdoor Service Privilege - Big Shots, 2522 Chamberlain Street b.Class B Liquor – Comfort Suites, 2609 Elwood Drive c.Class C Beer & Class B Wine – The Keg Shop, 218 Welch Avenue, Ste. 3 d.Class C Liquor & Outdoor Service Privilege - The Meeting House, 823 Wheeler, Ste. 4 e.Class C Beer – Southgate Expresse, 110 Airport Road f.Class C Liquor & Outdoor Service Privilege - Thumbs, 2816 West Street 4.Motion directing City Attorney to prepare ordinance pertaining to parking in South Fork Subdivision, 1 Additionst 5.RESOLUTION NO. 02-549 approving and adopting Supplement No. 2002-04 to the Ames Municipal Code, 1995 6.RESOLUTION NO. 02-550 approving quarterly investment report for period ending September 30, 2002 7.RESOLUTION NO. 02-551 approving amendments to investment policy 8.RESOLUTION NO. 02-552 approving Consultant Services Agreement with WHKS for State Avenue Widening Project 9.RESOLUTION NO. 02-553 approving Consultant Services Agreement with WHKS for 13th Street/Grand Avenue Intersection Improvements 10.RESOLUTION NO. 02-554 approving request to subordinate the City’s second mortgage lien 2 for the property located at 5414 Frost Drive in connection with the City’s Phase III Affordable Housing Program in the Bentwood Subdivision 11.RESOLUTION NO. 02-555 approving a contract to Altec Industries for a utility body/aerial platform at a total cost of $60,383 12.RESOLUTION NO. 02-556 approving Change Order No. 2 for the purchase of 40-ft. Transit Buses 13.RESOLUTION NO. 02-557 approving contract and bond for 2002/03 Concrete Pavement Reconstruction Program 14.RESOLUTION NO. 02-558 approving contract and bond for WPC Grease and Septage Receiving Station 15.RESOLUTION NO. 02-559 approving contract and bond for Sixth Street/Grand Avenue Intersection Improvements Project 16.RESOLUTION NO. 02-560 approving Final Minor Plat for Daniels Subdivision, 1 Additionst Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: J. A. “Earl” Franz, 307 Orange, Ames, stated that the October 8, 2002, minutes were incomplete and inaccurate. He had asked the mayor to direct that staff give him guidance in raising funds and manufacturing a new City flag, and the minutes did not reflect that. Mayor Tedesco said that he had previously informed Mr. Franz that if he raised the funds, another City flag would be made and flown. Mayor Tedesco further stated that the fund-raising initiative was Mr. Franz’s. Mr. Franz indicated that he had not asked that a City flag be flown at 233 Main Street, but at City Hall. Mr. Franz said it was disgraceful that the City flag is now encased in the City Council Chambers and not flown. CLASS C LIQUOR LICENSE AT CAFÉ BEAUDELAIRE: Moved by Goodhue, seconded by Cross, to approve the Class C Liquor license for Café Beaudelaire, 2504 Lincoln Way. Leonardo Roberto appeared as applicant for the license. When questioned about his recent alcohol-related violations, Mr. Roberto responded that he has since turned his life around and that his past record would not be a detriment to his conduct in business. He assured the Council that he has a heightened awareness of liquor laws enforcement and that precautions have been taken so that no violations will occur. Vote on Motion: 6-0. Motion declared carried unanimously. ENCROACHMENT PERMIT FOR FINESSE SPA SALON: Moved by Hoffman, seconded by Wirth, to approve a request for an encroachment permit allowing a sign to occupy City right-of- way for Finesse Spa Salon located at 2716 Stange Road. Vote on Motion: 6-0. Motion declared carried unanimously. ENCROACHMENT PERMIT FOR LITTLE TAIPEI: Moved by Cross, seconded by Vegge, to approve a request for an encroachment permit allowing a sign to occupy City right-of-way for Little Taipei located at 122 Welch Avenue. Vote on Motion: 6-0. Motion declared carried unanimously. FIREWORKS PERMIT FOR TESTING OF STAGE PYROTECHNICS: Moved by Cross, seconded by Goodhue, to approve a request for a fireworks permit allowing senior engineering 3 student James Brauer to conduct temperature analysis of stage pyrotechnics on October 26, November 2, November 9, November 16, November 23, and November 30, 2002, in the north field of the ISU Applied Science Center. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST FOR WAIVER OF SUBDIVISION JURISDICTION FOR LOWMAN’S SUBDIVISION, 3 ADDITION: Moved by Wirth, seconded by Cross, to adopt RESOLUTIONRD NO. 02-561 approving a request for waiver of the requirement for approval of a two-lot subdivision plat by the City of Ames within Story County along County Road E-57 (280 Street),th which is located within the City’s two-mile jurisdiction area. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REQUEST FOR RURAL WATER SERVICE AT 56389 265 STREET: Moved by Cross,TH seconded by Vegge, to adopt RESOLUTION NO. 02-562 approving a request from Gerald Ryerson for rural water service through Xenia Rural Water System for property located at 56389 265 Street.th Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. UTILITY RETIREMENT FUND: Betty Jo Harker, 1415 Meadowlane Avenue, said that she had been employed with the City for almost 30 years and has been retired for almost 14. She referred to a letter she had sent regarding the City’s retirement systems. She asked that the retirees be allowed to share in the distribution of the proceeds from the sale of the Principal Financial stock. Fern Lapehn, 111 Lynn Avenue, stated that her husband Leonard had previously served as the city treasurer. She felt the City should consider the feelings of the retirees, and it should respect their dedication as well as those retirees of the future. Don Setterberg, 126 O’Neil Drive, reported that he was a City employee for 32 years and has been retired since 1994. As indicated in his letter to the Council, he urged Council members to respond in a manner that was respectful of the City’s many retirees and their years that have dedicated to the City. Finance Director Duane Pitcher reviewed the Utility Retirement System’s 1997 conversion from a defined benefit plan to a defined contribution plan. When the plan was converted, the City was obligated to fund the retirement for retired employees and purchased annuity contracts from the Principal Financial Group. Principal changed its status from a mutual to a publicly-traded stock company. He reported that since the City could not hold equities, the stock was sold and the City received proceeds from the sale. Mr. Pitcher further reported that it was the City’s responsibility to meet the retirees’ defined benefit and their retirement payments. The retirees who retired prior to 1997 are receiving and will continue to receive the pension benefits they earned under that plan. The proceeds are to be made available to employees and retirees that are currently under the new defined contribution plan. Moved by Cross, seconded by Goodhue, to adopt RESOLUTION NO. 02-563 authorizing the Director of Finance to enter into an agreement with Deloitte and Touche, at a cost not to exceed $40,000 plus expenses, to file for a Private Letter Ruling and possible plan 4 amendments with the IRS, and to provide any additional services related to the distribution of Principal Financial stock sales process. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Cross, seconded by Goodhue, to adopt RESOLUTION NO. 02-564 approving the recommendation to distribute the Principal Financial stock sale proceeds to the active members as of September 30, 1997, using the original distribution formula, contingent upon receiving a favorable Private Letter Ruling from the IRS. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CDBG ENTITLEMENT STATUS: Housing Coordinator Vanessa Baker-Latimer gave a briefing report on the CDBG Entitlement Status. In review, she reported that the City’s population had hit the 50,000 threshold in the 2000 census count. It had further been determined that to receive the designation of a CDBG entitlement community, the City also has to be determined to be in a Metropolitan Statistical Area (MSA). However, a moratorium has been put in place by the Office of Management and Budget, and that work has been suspended. Although it had been announced prematurely last summer that the City of Ames was now an entitlement community, it was discovered that Ames was designated as an “Urbanized Area” instead. This designation does not entitle the City to receive any CDBG entitlement funds. Ms. Baker-Latimer explained that staff continues to follow the process in determining its MSA. Mayor Tedesco stated that it was important to send letters to all congressional delegates expressing the City’s displeasure of having to wait for the MSA determination and indicate that Ames’ designation of an entitlement community should be grand fathered in. Moved by Cross, seconded by Wirth, to direct the Mayor to write letters to all of the City’s congressional delegates requesting assistance in gaining CDBG entitlement status for the City of Ames. Vote on Motion: 6-0. Motion declared carried unanimously. COMMERCIAL LAND NEEDS ASSESSMENT: Planning and Housing Director Brian O'Connell stated that the Council is being asked to take action on conclusions developed as part of the Commercial Land Needs Assessment. These issues are: 1) changes to the Future Land Use Map that indicate general locations of Convenience Commercial Nodes; and, 2) policy guidance in the Land Use Policy Plan (LUPP) for development of future Convenience Commercial Nodes. In review, Mr. O'Connell said that according to the Commercial Land Needs Assessment, there is not lack of commercial land in total, however, future growth for Suburban Residential land will require identification of neighborhood and convenience commercial areas. The following criteria is proposed to be included in the LUPP as policy guidance for future zoning decisions related to Convenience Commercial Nodes: that it be located within an area with population clusters of 2,000-3,000 people, that it include a land area not less than two acres or more than 10, that it be located adjacent to a collector or arterial street, and that it be located within a vehicular distance of one to two miles from another commercial node. 5 Staff is recommending the following three areas be shown on the Land Use Map to include Convenience Commercial Nodes: 1) the Northwest Growth Priority Area near the intersection of North Dakota and the Union Pacific Railroad tracks; 2) the Southwest Growth Priority Area at the intersection of Lincoln Way and County Line Road (Boone County, Story County line); and, 3) the Southwest Growth Priority Area near the intersection of State Avenue and Oakwood Road. Mr. O'Connell stated that these areas are not property-specific, but locations in general. Mr. O'Connell reported that the Planning and Zoning Commission reviewed this issue, and it had determined that further thought be given to the Convenience Commercial Node in the Northwest Growth Corridor. Council Member Quirmbach felt that the Northwest Growth Area did not have good potential for development, and he could not support this recommendation for a Convenience Commercial Node. Upon questioning, City Planner Joe Pietruszynski said that staff's recommended criteria was based on extensive research following Council's LUPP policy. He explained that staff utilizes a state-of-the-art geographic information system and sophisticated software to arrive at the data they provide Council. Council Member Goodhue stated that Northridge Heights seemed to be a logical location for a node. Planning and Housing Director O'Connell stated that coverage was the issue, and the North Grand shopping area provides enough commercial area in close proximity. Considerable discussion was held regarding the importance of setting policy guidance in accordance with the outlined criteria and the placement of the nodes. David Maahs, Executive Director of the Ames Chamber of Commerce, 1007 Vermont, said that it was important to identify neighborhood and commercial convenience locations and that the Chamber supports and agrees with some of those sites. Mr. Maahs indicated that the North Dakota node, however, needs to be revisited. He recommended that the Northridge Heights area be looked at as a potential site in lieu of the North Dakota location. Wayne Hansen, 2811 Pinehurst Circle, indicated that people will drive to do business where they wish. He further stated that the North Dakota node area is too close to Sawyer School. Chuck Winkleblack, 105 South 16th Street, said that the City is overlooking the community's needs and that basic services aren't offered north of Lincoln Way. He stated that he has been informed by North Grand Mall officials that they are not at all concerned about locating a small commercial area in the Northridge Heights area. Mr. Winkleblack stated that according to counts in the Somerset and Northridge Parkway areas and with the future development of Northridge Heights, the population would far exceed the 2,000-3,000 policy criterion. Bob Friedrich, Jr., 619 East Lincoln Way, agreed with statements made by Mr. Maahs and Mr. Winkleblack. He felt that development in the North Dakota area was in the distant future and that, as one of the developers in Northridge Heights and Somerset, there would be no severe impact for commercial development to occur in that area. 6 Moved by Quirmbach, to adopt RESOLUTION NO. 02-565 approving proposed changes to the Future Land Use Map that include Convenience Commercial Nodes in: 1) the Southwest Growth Priority Area at the intersection of Lincoln Way and County Line Road (Boone County, Story County line); and, 2) the Southwest Growth Priority Area near the intersection of State Avenue and Oakwood Road; and to direct that staff reconsider the Ontario and North Dakota nodes. Motion died for lack of a second. Moved by Wirth, seconded by Hoffman, to adopt RESOLUTION NO. 02-565 approving proposed changes to the Future Land Use Map that include Convenience Commercial Nodes in: 1) the Northwest Priority Growth Area (either north or south) near the intersec- tion of North Dakota and the Union Pacific Railroad tracks; 2) the Southwest Growth Priority Area at the intersection of Lincoln Way and County Line Road (Boone County, Story County line); and, 3) the Southwest Growth Priority Area near the intersection of State Avenue and Oakwood Road. More discussion ensued regarding the location of a Convenience Commercial Node in Northridge Heights Subdivision in lieu of the Northwest Priority Growth Area. Moved by Goodhue, seconded by Cross, to amend the motion by including that a Neighborhood Commercial Node be created in the Northridge Heights Subdivision and to eliminate the North Dakota Community Commercial Node. Vote on Amended Motion: 2-4. Voting aye: Cross, Goodhue. Voting nay: Hoffman, Quirmbach, Vegge, Wirth. Motion failed. Moved by Quirmbach, seconded by Goodhue, to amend the motion by removing the Ontario Convenience Commercial Node and to restudy the North Dakota Community Commercial Node emphasizing the environmental impact of that area. Vote on Amended Motion: 3-3. Voting aye: Cross, Goodhue, Quirmbach. Voting nay: Hoffman, Vegge, Wirth. Mayor Tedesco voted nay to break the tie. Motion failed. Moved by Quirmbach, to amend the motion by removing the Ontario Convenience Commercial Node and the North Dakota Community Commercial Node. Motion died for lack of a second. Roll Call Vote: 3-3. Voting aye: Hoffman, Vegge, Wirth. Voting nay: Cross, Goodhue, Quirmbach. Resolution failed. Moved by Wirth, seconded by Quirmbach, to adopt RESOLUTION NO. 02-565 approving proposed changes to the Future Land Use Map that include Convenience Commercial Nodes in: 1) the Southwest Growth Priority Area at the intersection of Lincoln Way and County Line Road (Boone County, Story County line); and, 2) the Southwest Growth Priority Area near the intersection of State Avenue and Oakwood Road. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. The meeting recessed at 9:15 p.m. The meeting reconvened at 9:20 p.m. 7 Moved by Cross, seconded by Goodhue, to have staff reevaluate the appropriateness of the North Dakota Community Commercial Node and the Northwest Priority Growth Area and to further analyze the appropriateness of placement of a Neighborhood Commercial Center Node in Northridge Heights Subdivision as a potential alternative. Vote on Motion: 3-3. Voting aye: Cross, Goodhue, Quirmbach. Voting nay: Hoffman, Vegge, Wirth. Motion failed. ALLEY EASEMENT AGREEMENT WITH PYLE OFFICE PARK PARTNERSHIP: Moved by Goodhue, seconded by Hoffman, to adopt RESOLUTION NO. 02-566 approving an Alley Easement Agreement with the Pyle Office Park Partnership to allow Pyle Office Park access to its commercial parking via the 802 Sixth Street driveway. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. 2002 COMPREHENSIVE PLAN UPDATE--CENTRAL IOWA WASTE MANAGEMENT ASSOCIATION: Moved by Wirth, seconded by Goodhue, to adopt RESOLUTION NO. 02-567 approving the 2002 Comprehensive Plan Update for the Central Iowa Waste Management Association. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ADA HAYDEN HERITAGE PARK: City Manager Steve Schainker stated that staff has laid out three options for the Council to consider in its approval of the final design concept plan. Once the plan is approved, the consulting engineers, Snyder and Associates, Inc., will be able to move forward with development of construction drawings. Gary Gemar of Snyder and Associates, Inc., reviewed the major project elements for design of the park. He highlighted the following features: outlet control channel, hard surface trail system, secondary trails, overlook locations, the wetlands and the treatment systems for run-off protection, parking areas for vehicles and boat trailers, the boat ramp and dock, fishing dock, and the pedestrian bridge between the north and south lakes which allows clearance for sail boats up to 12 feet. Mr. Gemar explained that a boat ramp on the south lake would not be constructed due to budget restrictions, however, it could be built at some time in the future. Mr. Schainker stated that staff has listed three options for water and wastewater services to the restroom/shelter that is located in the northern portion of the park. The following options were discussed: 1) water well and a concrete-encased wastewater holding tank. Financing this option would mean that an additional $82,500 should be appropriated from the Water Fund; 2) water well and extension of the sanitary sewer line from the south; and, 3) extension of water and sanitary sewer lines from the south. Mr. Schainker explained that extension of the water and/or sanitary sewer lines was too cost prohibitive. Options 2 and 3 also offer problems due to insufficient flows for both water and wastewater. Chuck Winkleblack, 105 South 16th Street, stated that he owns 45 acres directly north of this property. He had always been led to believe that the infrastructure would be put in place, and now he finds out that the sanitary sewer and water lines will not be installed at this time. Mr. Winkleblack urged the Council to install the lines at this time and hold the City to the same standards it holds developers to. 8 Wayne Hansen, 2811 Pinehurst Drive, questioned whether electric motors would be allowed on the lake. Parks and Recreation Director Nancy Carroll stated that it has not been determined yet. This issue will be decided in the near future, however, sensitivity will be shown towards no wave action and water quality. City Manager Steve Schainker reported that in conjunction with preparation of the bid documents, a bid alternate could be performed for the water and sewer lines. Public Works Director Paul Wiegand explained that with the installation of the water and sewer lines, it also brings with it additional costs in obtaining easements relative to other properties. He reiterated that if the water and sewer lines were installed at this time, people would not be able to use the water, and serious problems would occur with the sewer line. Mr. Wiegand reported that these lines could be installed at some future time if a usage is created to warrant the extension. Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 02-568 approving the final design concept plan and the revised project budget by appropriating an additional $82,500 from the Water Fund for Ada Hayden Heritage Park. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON SOUTH DUFF AREA STORM SEWER RECONSTRUCTION PROJECT, PHASE II: Mayor Tedesco opened the hearing. There being no one present wishing to speak, the hearing was closed. Moved by Wirth, seconded by Cross, to reject the bids submitted for the South Duff Area Storm Sewer Reconstruction Project, Phase II, and to direct that staff revise the plans by ending the project just west of South Duff Avenue and rebid the project. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON MAJOR SITE DEVELOPMENT PLAN FOR 3726, 3732, AND 3812 TRIPP STREET: Mayor Tedesco declared the hearing open. There being no one present wishing to speak, the hearing was closed. Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 02-569 approving the Major Site Development Plan for the three proposed 12-plex apartment buildings located at 3726, 3732, and 3812 Tripp Street with the stipulation that the developer provide to City staff an executed copy of the cross-access agreements for vehicular access and parking. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON MAJOR SITE DEVELOPMENT PLAN REVISION FOR SOMERSET SUBDIVISION TEXT CHANGES: Mayor Tedesco declared the hearing open. There being no one present wishing to speak, the hearing was closed. Mayor Tedesco referred to a letter from 9 Chuck Winkleblack of Hunziker and Associates requesting that this item be tabled for 30 days. Moved by Goodhue, seconded by Wirth, to table text changes to the Somerset Town Center Regulations for Design and Construction as approved as part of the Major Site Development Plan for Somerset Subdivision. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON TEXT AMENDMENT TO ZONING ORDINANCE RELATED TO CONVENIENCE STORES: Mayor Tedesco declared the hearing open. There being no one present wishing to speak, the hearing was closed. The letter received from Hunziker and Associates also requested that the text amendment to the Zoning Ordinance be tabled for 30 days. Moved by Goodhue, seconded by Cross, to table first passage of an ordinance on text amendment to the Zoning Ordinance amending regulations in the “F-VR”, Village Residential District, specifically related to convenience stores. Vote on Motion: 6-0. Motion declared carried unanimously. ORDINANCE ON PARKING REGULATIONS ON ROY KEY AVENUE: Moved by Wirth, seconded by Hoffman, to pass on first reading an ordinance restricting parking on Roy Key Avenue from Wheeler Street to Orion Drive as currently signed: 1) on the west side, “No Parking Anytime”; and, 2) on the east side, “No Parking Here to Corner/Corner to Here” for the 75 feet nearest Orion Drive and the 75 feet nearest Wheeler Street, and “No Parking Drop-off/Delivery Zone” for the remainder of the length. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE ON REZONING OF PROPERTY EAST OF CHILTON AVENUE AND NORTH OF BLOOMINGTON ROAD IN NORTHRIDGE HEIGHTS SUBDIVISION: Moved by Wirth, seconded by Goodhue, to pass on second reading an ordinance rezoning property generally located east of Chilton Avenue and north of Bloomington Road in Northridge Heights Subdivision from “FS-RL” (Suburban Residential Low Density) and “FS-RM” (Suburban Residential Medium Density) to “F-PRD” (Planned Residence District). Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE ON REZONING PROPERTY ON THE SOUTH SIDE OF BILLY SUNDAY ROAD AND EAST OF SOUTH DUFF AVENUE: Moved by Goodhue, seconded by Vegge, to pass on second reading an ordinance for property generally located on the south side of Billy Sunday Road and east of South Duff Avenue rezoning Lots 2, 3, 4, and 5 of South Duff Community Park Subdivision from “HOC” (Highway-Oriented Commercial) to “R-H” (Residential High Density). Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE ESTABLISHING PARKING PROHIBITIONS FOR SUNCREST SUBDIVISION, 2 ADDITION: Moved by Wirth, seconded by Hoffman, to pass on secondND reading an ordinance prohibiting parking on the north side of Suncrest and Sundown from White Oak Drive to Cedar Lane. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE MAKING TEXT AMENDMENTS TO THE ZONING ORDINANCE 10 PERTAINING TO REGULATIONS RELATED TO COUNTRY HOUSES, VILLAGE HOUSES, VILLAGE COTTAGES, AND VILLAGE APARTMENTS: Moved by Wirth, seconded by Cross, to pass on third reading and adopt ORDINANCE NO. 3687 making text amendments to the Zoning Ordinance pertaining to regulations in the “F-VR” (Village Residential) District specifically related to Country Houses, Village Houses, Village Cottages, and Village Apartments. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE ESTABLISHING PARKING PROHIBITIONS ON DICKINSON AVENUE: Moved by Hoffman, seconded by Wirth, to pass on third reading and adopt ORDINANCE NO. 3688 establishing parking prohibitions on Dickinson Avenue from Mortensen Road south to the end of the street. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE CORRECTING PARKING REGULATIONS ALONG CRYSTAL STREET FROM SOUTH DUFF AVENUE TO ONYX STREET: Moved by Wirth, seconded by Cross, to pass on third reading and adopt ORDINANCE NO. 3689 correcting parking regulations along Crystal Street from South Duff Avenue to Onyx Street. Roll Call Vote: 6-0. Motion declared carried unanimously. COMMENTS: Moved by Goodhue, seconded by Hoffman, to refer to the City Attorney a request for a legal opinion pertaining to the legality of noise abatement measures with respect to the railroad train horns and the City's liability if the noise abatement measures were enacted. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Hoffman, seconded by Goodhue, to refer to staff the following: letter from South Ames Business Neighborhood regarding a proposed government-sponsored aerobic/recreational facility being included in the new Middle School; letter from Ames Main Street District requesting the use of holiday lighting along the buildings in the Downtown area and suspension of parking for the holiday season; letter from Outrageous Apparel requesting to have sidewalk sales on Fridays and/or Saturdays through the fall, spring, and summer seasons; letter from Chuck and Cindy Peterson regarding private parking lots without adequate signage; letter from Andrew Murdoch regarding occupancy limits for rental properties; letter from The ROSE of Ames, L.P., requesting real estate tax abatement for an affordable assisted-living facility; letter from Cari Russie regarding alternate-side parking on streets south of campus; and letter from AL-GOR General Partnership regarding occupancy of rental properties in R-L zoned areas Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Goodhue, seconded by Cross, to refer to staff a letter from the Ames Economic Development Commission regarding review of boundaries for Phase 2 of the Industrial Land Use Study. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Quirmbach, seconded by Wirth, to refer to the City Attorney a request for a legal opinion on whether the railroad might be exposed to civil liability for noise or vibration caused by the railroad's operations, and if the railroad has preemption or exemption from civil liability. Vote on Motion: 6-0. Motion declared carried unanimously. 11 Moved by Wirth, seconded by Goodhue, to direct staff to converse with Story County Habitat for Humanity regarding a possible affordable housing site for the property located at 623 Ninth Street which is currently owned by the City. Vanessa Baker-Latimer indicated that staff was in the process of designing an RFP that will be sent to interested parties for affordable housing development on that site. However, it is in the early stages as staff first wants to talk with the neighborhood people. Moved by Quirmbach, seconded by Goodhue, to table the motion. Vote on Motion: 2-4. Voting aye: Goodhue, Quirmbach. Voting nay: Cross, Hoffman, Vegge, Wirth. Motion failed. Vote on Motion: 2-4. Voting aye: Hoffman, Wirth. Voting nay: Cross, Goodhue, Quirmbach, Vegge. Motion failed. ADJOURNMENT: 10:20 p.m. _________________________________________________________________________ Diane Voss, City Clerk Ted Tedesco, Mayor _________________________________ Jill Ripperger, Recording Secretary