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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 03/27/2001 MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA MARCH 27, 2001 The Ames City Council met in regular session at 7:00 p.m. on the 27th day of March, 2001, 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: Campbell, Cross, Goodhue, Hoffman, Quirmbach, and Wirth. CALL TO ORDER: 7:00 p.m. PROCLAMATION FOR BOYS AND GIRLS CLUB WEEK, MARCH 25-31, 2001: Mayor Tedesco proclaimed the week of March 25 - 31, 2001, as Boys and Girls Club Week. Accepting the Proclamation were Ron Chieves, Youth Development Specialist, and several members of the Ames Boys and Girls Club. CONSENT AGENDA: Council Member Quirmbach asked to pull Item No. 7 pertaining to the acceptance of a fire station land easement for separate consideration. Council Member Campbell asked to pull Item No. 4c. in reference to the request for renewal of a liquor license for Cy’s Roost/Don’s Deli for separate consideration. Moved by Quirmbach, seconded by Wirth, to approve the following items on the Consent Agenda. 1.Motion approving payment of claims 2.Motion approving minutes of the regular meetings of February 27 and March 6, 2001 3.Motion approving renewal of the following liquor licenses and beer permits: a.Class C Liquor - Carlos O’Kelly’s Mexican Café, 631 Lincoln Way b.Class C Beer & Class B Wine - Cyclone Liquors, 626 Lincoln Way c.Class A Liquor - Elks Lodge #1626, 522 Douglas Avenue d.Class C Beer & Class B Wine - Fareway Store #386, 619 Burnett Avenue e.Class C Beer - Swift Stop #4, 1118 South Duff Avenue f.Class C Beer - Swift Stop #5, 3218 Orion g.Special Class C Liquor - Valentino’s, 2500 Ferndale Avenue 4.Motion referring request for annexation of “Dotson Property,” located south of Lincoln Way, west of Franklin, east of South Dakota to Planning and Zoning Commission 5.RESOLUTION NO. 01-093 approving appointments to City boards and commissions 6.RESOLUTION NO. 01-095 approving Agreement and easement for land acquisition for Elevated Water Tank site at 500th Avenue (County Line Road) and U. S. 30 7.RESOLUTION NO. 01-096 approving site contract supplement with FAA for Automated Surface Observing System (ASOS) 8.RESOLUTION NO. 01-097 approving amendments to City of Ames Records Retention Schedule 9.RESOLUTION NO. 01-098 approving revision to the Down-Payment and Closing-Cost Assistance Program Guidelines in connection with the Ames/Story County Partnership Affordable Housing Program 10.RESOLUTION NO. 01-099 approving purchase of a new AM/FM System upgrade for the Electric Services Department from Miner and Miner in the amount of $154,270 2 11.RESOLUTION NO. 01-100 approving plans and specifications for Elwood Pasture Pedestrian Bridge Project; setting April 25, 2001, as bid due date and May 8, 2001, as date of public hearing 12.RESOLUTION NO. 01-101 approving plans and specifications for 2001/02 Water Systems Improvements; setting April 18, 2001, as bid due date and April 24, 2001, as date of public hearing 13.RESOLUTION NO. 01-102 canceling contract with Linwood Mining & Minerals for furnishing Pebble Lime for Water Plant 14.RESOLUTION NO. 01-103 approving Preliminary Plat for Grand Aspen Subdivision Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. MOTION APPROVING RENEWAL OF THE CLASS C LIQUOR & OUTDOOR SERVICE PRIVILEGE FOR CY’S ROOST & DON’S DELI, 121 WELCH: Council Member Campbell asked the City Attorney to explain the possible license revocation facing Cy’s Roost/Don’s Deli. John Klaus, City Attorney, explained that there are charges now pending against an employee of Cy’s Roost who made a sale of alcoholic beverage to an underage person during a survey conducted by the Ames Police Department. He advised that there is enough of a history of prior violations against this establishment that, in the administrative penalty phase, they may proceed for a revocation. Mr. Klaus stated that if a revocation is approved, the current licensee will not be able to get a liquor license for two years or a new licensee could not get a liquor license for one year. He also explained the appeal process that would be available to the licensee/applicant if the license renewal is denied by the City Council. Moved by Campbell, seconded by Goodhue, to approve the renewal of the Class C Liquor & Outdoor Service Privilege for Cy’s Roost & Don’s Deli, 121 Welch. Vote on Motion: 6-0. Motion declared carried unanimously. FIRE STATION LAND EASEMENT FROM IOWA DEPARTMENT OF NATURAL RESOURCES: Council Member Quirmbach believes that the receipt of this easement merits public acknowledgment of the assistance that the City received from Representative Jane Greimann. He pointed out that this is not Representative Greimann’s district; it is Representative Finch’s district. Mr. Quirmbach expressed his disappointment in the lack of support received by Representative Finch. Moved by Quirmbach, seconded by Wirth, to adopt RESOLUTION NO. 01-094 accepting the fire station easement from the Iowa Department of Natural Resources. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: Earl Franz, 307 Orange, Ames, pointed out that March 29 is Iowa State Flag Day. He remarked about the 2000 Census and the City’s reaching a milestone in achieving a population over 50,000 and suggested that this would be a good time for the City to consider a new city flag. REQUEST FOR CLASS B BEER PERMIT AND OUTDOOR SERVICE AREA FOR AMES SLOWPITCH SOFTBALL ASSOCIATION: Moved by Hoffman, seconded by Cross, approving 3 the request for a Class B Beer Permit and Outdoor Service Area for Ames Slowpitch Softball Association, River Valley Park, East 13th Street. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST FOR A SPRING LEAF-COLLECTION PROGRAM: Bill Carlson, 430 Westwood Drive, Ames, thanked Council Member Quirmbach and the City Manager for helping the residents solve their problem with leaf clean-up from trees that keep their leaves through the winter. He thought the date being recommended by City staff (April 23 - 27) was a bit early, and he suggested that there be two weeks of leaf collection, with one week in between. Director of Public Works Paul Wiegand stated that staff is not sure how many requests will be received since this is a new program. He said Public Works’ employees will be doing street and curb repairs in early May. If this leaf-collection program is approved for two weeks, Mr. Wiegand advised that it would be better for his staff if the weeks were consecutive. Moved by Quirmbach, seconded by Cross, authorizing staff to conduct a one-week collection program from April 23 - 27 with the fee set at $40/collection. Moved by Wirth, seconded by Hoffman, to amend the motion to change the date of collection to the first week in May. Vote on Amendment: 6-0. Motion declared carried unanimously. Vote on Amended Motion: 6-0. Motion declared carried unanimously. REQUEST FOR REFUND OF ESCROW BALANCE PERTAINING TO THE SOUTH DUFF AVENUE K-MART DEVELOPMENT PROJECT: Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 01-104 approving the request of Dalan/Jupiter, Inc., the current landowners, for a return of the balance of the funds ($37,143.32) held in escrow for the traffic signal at the south access from the K-Mart site to South 16th Street. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REQUEST FOR FIREWORKS DISPLAY AT THE ISU CROSS-COUNTRY FIELD: Moved by Campbell, seconded by Hoffman, approving the request from Towers Residence Association for Residence Hall Week fireworks display at the ISU Cross-Country Field on the evening of April 7, 2001. Vote on Motion: 6-0. Motion declared carried unanimously. RENTAL HOUSING CODE: Brian O’Connell, Director of Planning and Housing, stated that the issue is occupancy: how many people may reside in dwelling units. He reviewed the previous Zoning Code and Rental Code regulations, the new Zoning Code regulations, and what regulations are now being proposed. Council Member Wirth said that she did not believe it was ever the intent of the City Council to put more people in dwellings with less parking. Mr. O’Connell informed that what staff is attempting to accomplish by changing the Rental Code is to limit the number of occupants allowed in residential dwellings that would otherwise be allowed in the new Zoning Code. He said there are currently inconsistencies existing between the Zoning Code and the Rental Code, and staff is attempting to remedy those inconsistencies by revising the Rental Code. 4 Council Member Wirth questioned why the ordinance pertaining to zoning should not be changed. City Attorney John Klaus advised that the City does not want to get into a situation where the ordinance prohibits something for which the City is issuing permits. Council Member Wirth indicated that she was not willing to lower the parking standards. Council Member Cross proposed increasing the parking requirement if there is an increased number of occupants. Jim Gunning, 119 Hickory Drive, Ames, stated that he is a landlord of single-family houses used as rental units. Mr. Gunning asked that the City Council consider equal occupancy standards for a single-family dwelling as that given to medium- and high-density. Mr. Quirmbach pointed out that Mr. Gunning is referring to two different types of structures, and he shouldn’t necessary expect the standards to be equal. Discussion ensued dealing with the standards being proposed for single-family dwellings. Council Member Campbell suggested that the City Council hold a workshop on the Rental Housing Code in light of the many questions raised tonight. Sherri Massey, 301 Main, Ames, asked for an explanation of the different standards being proposed for owner-occupied single-family homes versus renter-occupied single-family homes. She feels that people who rent homes are sometimes treated with less respect than those who own homes. Mr. O’Connell explained that two parking spaces have been required in the past for single-family homes; the standard did not change if the home was a rental. Paul Peiffer, 2313 McKinley Circle, Ames, said that it was disturbing to him that, under the previous Zoning Ordinance, there was a maximum number of 45 persons allowed in a complex with 45 bedrooms and 30 parking spaces were required; however, under the current Zoning Ordinance, 75 persons would be allowed in a 45-bedroom complex with still only 30 parking spaces being required. The topic of roomers in dwellings was also raised. Council Member Campbell asked if possibly a Special Use Permit would remedy that issue and suggested that this be an agenda item for a workshop specifically on the Rental Housing Code. Mayor Tedesco referred this issue back to staff to review the many questions raised tonight and schedule a workshop. Mr. Schainker summarized the pending issues pertaining to the Rental Housing Code gleaned from tonight’s meeting as: roomers, single-family dwellings in high- or medium-density zoning district, single-family dwellings in low-density areas, occupancy in multiple-family dwellings, and tying occupancy to the parking standard. He pointed out that the Council had not yet discussed the “grandfathering” concept, and, if approved, how it would be done. Mr. Schainker pointed out that the top priority would be how the regulation affects our citizens, but also important is the ease of administration for the staff. FEE STRUCTURE FOR RENTAL HOUSING REGULATION: Jeff Pearson, Building Official, explained that the City Council had questioned the appropriateness of the fees for the “Special Request Inspection” and the “Reinspection for the Rental Housing Regulations” at their meeting of February 27, 2001. He said that, after review, staff discovered that they had 5 intended for those fees to be $35 each, not $10. Mr. Pearson explained that those fees were based on an hour of time for the inspection and associated paperwork. He advised that the Home Builders’ Association has agreed that those fees are reasonable. Moved by Cross, seconded by Hoffman, to adopt RESOLUTION 01-105 increasing the fee for “Special Request Inspections” and “Reinspections for the Rental Housing Regulations” to $35/each. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. URBAN REVITALIZATION AREA FOR 511 SOUTH 4TH: Mark Reinig, Economic Development Coordinator, explained that under a new process that quantifies the checklist of unsafe conditions to a cost estimate to repair those conditions, staff now believes that the applicant’s request meets the “Slum and Blighted” requirement. He advised that the applicant has met the “Slum and Blighted” criteria and the optional conditions (“Brick or Similar Masonry Material” and “Landacaping Beyond Required”). Moved by Goodhue, seconded by Wirth, approving the application for designation of an Urban Revitalization Area for 511 South 4th. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Hoffman, seconded by Cross, directing staff to prepare an Urban Revitalization Plan. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Goodhue, seconded by Wirth, to adopt RESOLUTION NO. 01-106 setting the date of public hearing on the Urban Revitalization Plan for May 8, 2001. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Quirmbach, seconded by Goodhue, directing staff to use the new process (quantifying the checklist of unsafe conditions to a cost estimate to repair the conditions), in future instances, to evaluate slum and blighted property conditions. Vote on Motion: 6-0. Motion declared carried unanimously. PURCHASE OF 11.9 ACRES OF STONEBROOKE, 6TH ADDITION: Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 01-107 approving the Real Estate Contract between the City of Ames and Stonebrooke, L.L.C. 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 9:00 p.m. and reconvened at 9:05 p.m. LAND USE POLICY PLAN MAP CHANGE FOR PROPERTY REFERRED TO AS THE “DOTSON FARM” AND “COCHRANE HOMESTEAD”: Brian O’Connell explained the request to change the current land use designation on the Future Land Use Map of the Land Use Policy Plan (LUPP) from “Residential Low Density” to “Village/Suburban Residential”. Mr. O’Connell said that this request to change the Map designation to “Village/Suburban 6 Residential” land use designation is consistent with the goals and policies outlined in the LUPP and actually better accomplishes a combination of residential uses that support the Plan. He pointed out that the Planning and Zoning Commission approved this LUPP Map change at their meeting of March 7, 2001. Barb Duffelmeyer, 217 Dotson Drive, Ames, expressed her hope that an assisted-living facility could still be built in this area. She is concerned about the possibility of 12 apartment complexes with 12 units each being built. Ms. Duffelmeyer is also concerned about the traffic that would be generated by that density and the parking problems that could result. Randy Lueth, Engineering Plus, believes that there are some misconceptions about traffic generation. They have done a traffic study for this proposed development. He explained a Trip Generation Comparison that he prepared showing how many trips would be generated if the area were fully developed under the existing land use designation versus the number that would be generated under the proposed land use designation; there is less than a 3% difference. Moved by Cross, seconded by Goodhue, to adopt RESOLUTION NO. 01-108 approving a Land Use Policy Plan Map change from a designation of “Residential Low Density” to “Village/Suburban Residential” for properties generally located in Southwest Ames, east of South Dakota, south of Lincoln Way, north of College Creek, and west of State Avenue (a/k/a “Dotson Farm” and “Cochrane Homestead”). Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. URBAN STREAM MONITORING PROGRAM: John Dunn, Assistant Director of Water and Pollution Control, explained the Urban Stream Monitoring Plan being proposed by City staff. Based on the information gathered by staff and the recommendations received from citizen comments, Mr. Dunn said the following plan is recommended: Trained citizen volunteers will perform routine ongoing monitoring at multiple locations within the City. Staff will identify several preferred monitoring locations and ask for additional volunteers to “adopt” them. City staff will perform periodic monitoring at fixed locations for fecal coliform bacteria. If any obvious signs of pollution are discovered, City staff will step in and perform more detailed investigations. Mr. Dunn explained how the volunteers will be trained, what locations will be monitored, what water quality parameters will be monitored, and how the data will be reported. Moved by Hoffman, seconded by Cross, directing staff to implement the above-described Program. Vote on Motion: 6-0. Motion declared carried unanimously. DROUGHT CONTINGENCY PLAN AND WATER RATIONING ORDINANCE: John Dunn reviewed the current water rationing ordinance. He gave the reasons why staff believes the ordinance needs to be revised and the benefits of the proposed ordinance. The proposed revisions were summarized by Mr. Dunn, and the water rationing stages were explained. Moved by Cross, seconded by Campbell, approving the Drought Contingency Plan and directing the City Attorney to prepare the appropriate ordinance. 7 Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON URBAN REVITALIZATION PLAN FOR SOMERSET VILLAGE (continued from February 27, 2001): Mayor Tedesco re-opened the hearing. Paul Peiffer, 2313 McKinley Circle, Ames, expressed his considerable disagreement with granting a tax abatement for future properties in the Somerset area. He feels that it is inequitable to current property owners. David Maahs, 1007 Vermont Court, Ames, speaking as the Director of the Ames Economic Development Commission, said that his agency supports the staff’s recommendation for tax abatement provided that the developers meet the stipulations placed on the recommendation. Wayne Hansen, 2811 Pinehurst Circle, Ames, expressed his disapproval of granting tax abatement for Somerset. He said he had formerly been assured by one of the developers during previous discussions that they would never ask for tax abatement. He also feels granting tax abatement for this development is unfair to other property owners. Referencing the Village Concept, Mr. Hansen believes that since the Somerset Village development has not been overly successful, perhaps the Village Concept should be reviewed. Roger Newburn, 515 Luther Drive, Ames, asked if there had been an agreement made with the developers in advance stating that if Somerset Village did not sell, tax abatement was a possibility. Mr. Schainker explained that there is a Development Agreement stating that the developer could come before the City Council to make an argument that the Village Concept was not meeting with success and to request that the Village Concept be discontinued. He also explained that there is an existing Urban Revitalization Area #7 that consists of certain portions of Somerset. Fred Miller, 2502 Bristol, Ames, urged that the consultants, Zimmerman & Volk, spend some time with the current residents of Somerset to ascertain their feelings on the progress, or lack thereof, of the Village. Mr. Miller indicated that he and his wife endorse the findings of Zimmerman & Volk. He said they purchased a home in Somerset because they believe in the village concept. Mr. Miller is concerned that the developers’ haste to build-out Somerset will detract people from buying there. He feels streetscapes sell villages and expressed dismay over how Somerset was portrayed during the previous Home Show. He stated that he and his wife support the tax abatement for Somerset as long as it is for single-family residences only. Chuck Winkleblack, Hunziker & Associates, 105 S. 16th Street, Ames, urged the City Council to approve the abatement. He wanted a clarification on what area is to be included in the proposed abatement. Brian O’Connell advised that the area being proposed for the abatement would be limited to single-family lots in an area bounded by 24th Street to Stange on the west, up to Aspen on the north, to the east boundary of the Subdivision, and back down to 24th Street. Mr. Winkleblack was concerned that the proposed Stipulation 8 required that the developers build-out all 147 acres as a village in order to receive tax abatement. Brian O’Connell pointed out that Stipulation 8 did state that the developers must agree to continue to develop the entire Somerset project as shown by the City-approved preliminary plat of Somerset as a village in accordance with the Zoning Change Agreement adopted. Mr. 8 O’Connell stated that it was his understanding that all of the land that is included in the 147 acres had been included in the Preliminary Plat previously approved by the City Council. There being no one else present wishing to speak, the hearing was closed. Moved by Goodhue, seconded by Cross, to adopt RESOLUTION 01-109 approving the Somerset Urban Revitalization Plan, with the following stipulations: 1.Not less than ten single-family detached or attached housing units shall either be under construction or complete and offered for sale at all times. 2.With respect to the aforesaid housing units, special financing terms shall be offered to persons purchasing such units for their own occupancy in the form of interest write- downs or cash bonuses equaling, at a minimum, $3,000 up to $6,500 depending on the mortgage amount. 3.Purchasers of lots from the Developers will be eligible to receive house plans that have been approved to meet the architectural guidelines in Somerset. These plans will be provided to the lot purchaser free of charge. 4.Developers, with respect to newly constructed and never-occupied homes for sale in the Somerset Subdivisions, grant an additional $1,000 bonus (per sale) to the selling real estate agent that sells such a property in the Somerset Subdivisions. 5.Informational meetings are held for all real estate agents in the City of Ames to explain the village concept and to showcase the completed inventory available for sale in the Somerset Subdivisions. 6.The Developers will work continuously from January 1, 2001, to February 2, 2004, with a marketing firm that specializes in neo-traditional developments to implement a marketing strategy in accordance with the suggestions of that firm. 7.Civic groups are allowed to use the Somerset clubhouse free of charge on a one-time basis. 8.The Developers are continuing to develop the entire Somerset project as shown by the City-approved preliminary plat of Somerset as a village in accordance with the Zoning Change Agreement adopted for the Somerset Subdivisions. 9.The selling of new homes constructed in the Somerset Subdivision is, at all times while this Plan is in effect, open to all real estate agents of the local real estate market provided that the agents follow all the rules and procedures for Somerset. Roll Call Vote: 4-2. Voting aye: Campbell, Cross, Goodhue, Wirth. Voting nay: Hoffman, Quirmbach. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON AMENDMENT TO THE URBAN REVITALIZATION PLAN FOR SOMERSET VILLAGE: The hearing was opened by Mayor Tedesco. There being no one wishing to speak, the hearing was closed. Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 01-110 approving an amendment to the Urban Revitalization Plan for Somerset Village restricting the abatement to single-family detached housing with the following stipulations: 1.Not less than ten single-family detached or attached housing units shall either be under construction or complete and offered for sale at all times. 9 2.With respect to the aforesaid housing units, special financing terms shall be offered to persons purchasing such units for their own occupancy in the form of interest write-downs or cash bonuses equaling, at a minimum, $3,000 up to $6,500 depending on the mortgage. 3.Purchasers of lots from the developers will be eligible to receive house plans that have been approved to meet the architectural guidelines in Somerset. These plans will be provided to the lot purchaser free of charge. 4.Developers, with respect to newly constructed and never-occupied homes for sale in the Somerset Subdivisions grant an additional $1,000 bonus (per sale) to the selling real estate agent that sells such a property in the Somerset Subdivisions. 5.Informational meetings are held for all real estate agents in the City of Ames to explain the village concept and to showcase the completed inventory available for sale in the Somerset Subdivision. 6.Civic groups are allowed to use the Somerset clubhouse free of charge on a one-time basis. 7.The selling of new homes constructed in the Somerset Subdivision is, at all times while this Plan is in effect, open to all real estate agents of the local real estate market, provided that the agents follow all the rules and procedures of Somerset. 8.The developers are continuing to develop the entire Somerset project as shown by the City- approved preliminary plat of Somerset as a village in accordance with the Zoning Change Agreement adopted for the Somerset Subdivisions. 9.The developers and the City share the cost for Zimmerman/Volk to perform a Market Position Analysis. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Goodhue, seconded by Cross, to pass on first reading an ordinance establishing the Somerset Village Urban Revitalization Area. Roll Call Vote: 4-2. Voting aye: Campbell, Cross, Goodhue, Wirth. Voting nay: Hoffman, Quirmbach. Motion declared carried. HEARING ON AMENDMENT TO THE URBAN REVITALIZATION PLAN FOR URA #7 (continued from February 27, 2001): Mayor Tedesco re-opened the public hearing. There being no one wishing to speak, the hearing was closed. Moved by Goodhue, seconded by Campbell, to adopt RESOLUTION NO. 01-111 amending the Plan for Urban Revitalization Area #7 to provide tax abatement for retail commercial and housing, with the following stipulations: 1.Not less than ten single-family detached or attached housing units shall either be under construction or complete and offered for sale at all times. 2.With respect to the aforesaid housing units, special financing terms shall be offered to persons purchasing such units for their own occupancy in the form of interest write- downs or cash bonuses equaling, at a minimum, $3,000 up to $6,500 depending on the mortgage amount. 3.Purchasers of lots from the Developers will be eligible to receive house plans that have been approved to meet the architectural guidelines in Somerset. These plans will be provided to the lot purchaser free of charge. 4.Developers, with respect to newly constructed and never-occupied homes for sale in the Somerset Subdivisions, grant an additional $1,000 bonus (per sale) to the selling real estate agent that sells such a property in the Somerset Subdivisions. 10 5.Informational meetings are held for all real estate agents in the City of Ames to explain the village concept and to showcase the completed inventory available for sale in the Somerset Subdivisions. 6.The Developers will work continuously from January 1, 2001, to February 2, 2004, with a marketing firm that specializes in neo-traditional developments to implement a marketing strategy in accordance with the suggestions of that firm. 7.Civic groups are allowed to use the Somerset clubhouse free of charge on a one-time basis. 8.The Developers are continuing to develop the entire Somerset project as shown by the City-approved preliminary plat of Somerset as a village in accordance with the Zoning Change Agreement adopted for the Somerset Subdivisions. 9.The selling of new homes constructed in the Somerset Subdivision is, at all times while this Plan is in effect, open to all real estate agents of the local real estate market provided that the agents follow all the rules and procedures for Somerset. Roll Call Vote: 5-1. Voting aye: Campbell, Cross, Goodhue, Quirmbach, Wirth. Voting nay: Hoffman. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON SECOND AMENDMENT TO THE URBAN REVITALIZATION PLAN FOR URA #7: Mayor Tedesco opened the public hearing. There being no one wishing to speak, the hearing was closed. Moved by Cross, seconded by Campbell, to adopt RESOLUTION NO. 01-112 approving the second amendment to the Urban Revitalization Area #7 Plan to provide tax abatement for retail commercial only, with the following stipulations: 1.Not less than ten single-family detached or attached housing units shall either be under construction or complete and offered for sale at all times. 2.With respect to the aforesaid housing units, special financing terms shall be offered to persons purchasing such units for their own occupancy in the form of interest write-downs or cash bonuses equaling, at a minimum, $3,000 up to $6,500 depending on the mortgage. 3.Purchasers of lots from the developers will be eligible to receive house plans that have been approved to meet the architectural guidelines in Somerset. These plans will be provided to the lot purchaser free of charge. 4.Developers, with respect to newly constructed and never-occupied homes for sale in the Somerset Subdivisions grant an additional $1,000 bonus (per sale) to the selling real estate agent that sells such a property in the Somerset Subdivisions. 5.Informational meetings are held for all real estate agents in the City of Ames to explain the village concept and to showcase the completed inventory available for sale in the Somerset Subdivision. 6.Civic groups are allowed to use the Somerset clubhouse free of charge on a one-time basis. 7.The selling of new homes constructed in the Somerset Subdivision is, at all times while this Plan is in effect, open to all real estate agents of the local real estate market, provided that the agents follow all the rules and procedures of Somerset. 8.The developers are continuing to develop the entire Somerset project as shown by the City- approved preliminary plat of Somerset as a village in accordance with the Zoning Change Agreement adopted for the Somerset Subdivisions. 9.The developers and the City share the cost for Zimmerman/Volk to perform a Market Position Analysis. 11 Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON AMES PUBLIC HOUSING AUTHORITY (PHA) 5-YEAR AND ANNUAL PLAN: The hearing was opened by Mayor Tedesco. There being no one wishing to speak, the hearing was closed. Moved by Cross, seconded by Goodhue, to adopt RESOLUTION NO. 01-113 approving the Ames Public Housing Authority Agency 5-Year and Annual Plan. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON NUISANCE ASSESSMENTS: Mayor Tedesco opened the public hearing. There being no one wishing to speak, the hearing was closed. Moved by Goodhue, seconded by Wirth, to adopt RESOLUTION NO. 01-114 assessing the costs of snow/ice removal and certifying assessments to the Story County Treasurer. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON PROPOSED RELEASE OF JUDGMENT LIEN FOR LOT 31 IN BLOOMINGTON HEIGHTS PLAT 7: The public hearing was opened by Mayor Tedesco. There being no one wishing to speak, the Mayor closed the hearing. Moved by Cross, seconded by Hoffman, to adopt RESOLUTION NO. 01-115 approving the release of judgment lien for Lot 31 in Bloomington Heights Plat 7. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON ZONING ORDINANCE TEXT CHANGES: Mayor Tedesco opened the public hearing. Tim Morrow, 214 School Street, Gilbert, explained that he is employed as a manager by HyVee, and the proposed ordinance affects how they do business. He doesn’t feel that the section on Temporary Use Permits pertaining to garden centers is needed. Mr. Morrow pointed out that the proposed text change would only allow garden centers to be used for 120 days; HyVee needs at least 153 days, and customers continually ask for more. He pointed out that this proposed regulation would also have a very negative effect on the Farmers’ Market due to the time restriction. Mr. Morrow also referenced the provision pertaining to car washes being allowed in parking lots. He stated that this also affects HyVee because they allow car washes to be held in their parking lot by certain community groups. Referring to the provision that only 5% of the parking spaces may be used for garden centers, Mr. Morrow stated that their customers are always asking for a larger garden center. Discussion ensued as to whether the section on Temporary Uses was necessary. Brian O’Connell advised that staff has attempted to fashion a regulation that allows the City to ensure that the requirements of the Zoning Ordinance, particularly pertaining to parking and traffic 12 flow, are being met. He said that staff is attempting to make sure that there is sufficient on-site parking. No one else wished to speak, and the hearing was closed. Moved by Campbell, seconded by Goodhue, to table this item until the meeting to be held on April 10, 2001. Vote on Motion: 6-0. Motion declared carried unanimously. Council Member Hoffman left the meeting. HEARING ON 2001/02 ASPHALT RESURFACING PROGRAM: The hearing was opened by Mayor Tedesco. There being no one wishing to speak, he closed the public hearing. Moved by Wirth, seconded by Goodhue , to adopt RESOLUTION NO. 01-116 approving final plans and specifications and awarding a contract to Manatt’s, Inc., of Ames, Iowa, in the amount of $486,714.27. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON 2001/02 NEIGHBORHOOD CURB REPLACEMENT PROGRAM: Mayor Tedesco opened the public hearing. No one wished to speak, and the hearing was closed. Moved by Goodhue seconded by Wirth, to adopt RESOLUTION NO. 01-117 approving final plans and specifications and awarding a contract to Con-Struct, Inc., of Ames, Iowa, in the amount of $141,635.30. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE DESIGNATING PARKING PROHIBITIONS ON FLORIDA AVENUE: Moved by Goodhue, seconded by Campbell, to pass on first reading an ordinance designating parking prohibitions on Florida Avenue. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE DE SIGNATING PARKING PROHIBIT IONS FOR HILLSIDE SUBDIVISION, 6TH ADDITION: Moved by Goodhue, seconded by Cross, to pass on first reading an ordinance designating parking prohibitions for Hillside Subdivision, 6th Addition. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE REZONING 208 STANTON AVENUE FROM “RH” (RESIDENTIAL HIGH DENSITY) TO “DCSC” (DOWNTOWN/CAMPUSTOWN SERVICE CENTER): Moved by Wirth, seconded by Quirmbach, to pass on second reading an ordinance rezoning 208 Stanton Avenue from “RH” (Residential High Density” to “DCSC” (Downtown/Campustown Service Center). Roll Call Vote: 5-0. Motion declared carried unanimously. COMMENTS: Moved by Goodhue, seconded by Wirth, to refer the following letters to staff: 13 1.Letter from David Benson, attorney for St. Thomas Aquinas Church, requesting amendment to the sign regulations pertaining to religious organizations 2.Letter from David Keller, Vice-President/Treasurer for Ev Cochrane and Associates, requesting to purchase a small strip of City land in the Campustown area 3.Letter from Jon Chester requesting to purchase a strip of City land north of Crystal Street 4.Letter from Marie McCuskey on behalf of the Allenview Neighborhood Association, requesting to add parking restrictions on Fillmore Avenue 5.Letter from Mavis Merrill, President of Beacon MicroCenter, requesting parking restrictions in two parking lots located on or near Market Street 6.Petition from five residents of Dover Drive requesting curbing and asphalt paving of the west end of Dover Drive 7.Letter from Rick Hartmann, Program Assistant for Downtown Farmers’ Market, requesting that the Market be allowed to continue its operation this year Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Campbell, seconded by Quirmbach, to refer to staff the letter from Helen and Tom Brennan, 618 Doyle Avenue, on behalf of residents of their neighborhood, requesting the City to plant trees along the new bike path when the widening of South Dakota and the bike path are completed. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Wirth, seconded by Goodhue, to refer to staff the letter from Erwin Klaas, Commissioner of the Story County Soil and Water Conservation District, asking for documentation of the City’s commitment to protect the water in Hallett’s Quarry (needed for a grant proposal). Vote on Motion: 5-0. Motion declared carried unanimously. ADJOURNMENT: 11:10 p.m. ______________________________________________________________________ Diane Voss, City Clerk Ted Tedesco, Mayor