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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 04/10/2001MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA APRIL 10, 2001 The Ames City Council met in regular session at 7:00 p.m. on the 10th day of April, 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. CONSENT AGENDA: Moved by Cross, seconded by Hoffman, to approve the following items on the Consent Agenda. 1 .M otio n ap p ro vin g p a ymen t o f cla ims 2.M otio n appro ving minute s of the re gula r meeting o f M a rc h 27, 2001 3 .M otion ap p roving ren ew al of th e follow in g liq u or licen ses an d b eer p erm its: a.C la ss C B e e r - D ell O il, Ltd., 508 So uth D uff A v e nue 4.M otio n se tting spe c ial meeting fo r A pril 17, 2001, a t 7 PM fo r work s ho p on R enta l H o us ing C o de 5 .M otio n d ire c tin g C ity A ttorn ey to re v ise th e “F e e d in g th e M ete r” ord in a n c e to allow all-day p a rkin g in th e 10 -h ou r m etered p arkin g sp aces 6 .R E S O LU T IO N N O . 01 -1 1 8 app rovin g and adop tin g S u p p lem ent N o. 20 0 1 -0 2 to th e A m es M u n icip al C ode, 1995 7 .R E S O LU T IO N N O . 01 -1 1 9 app rovin g pu rch as e o f R everse O sm osis W ater T reatm ent E q u ip m ent for the Power Plant fro m A ltrapure and Industrial Se rvic e s in the am ount o f $73,144 8 .R E S O LU T IO N N O . 01 -1 2 0 app rovin g rou te for M ayor’s B ike R id e on M ay 1 2 , 20 0 1 , and w aiver of fees for traffic con trol 9.RESOLUTION NO. 01-121 approving Central Iowa Regional Transportation Planning Alliance (CIRTPA) proposed FY 2002 Unified Planning Work Program and Budget 1 0 .R E S O LU T IO N N O . 01 -1 2 2 app rovin g p lans and sp ecification s for S ou th D akota A venu e R econstru ction Project; setting M ay 2, 2001, as bid due date and M a y 8, 2001, as date of public hearing 1 1 .R E S O LU T IO N N O . 01 -1 2 3 app rovin g plan s and sp ecification s for U . S . 30 and S ou th D akota In terchan ge B rid g e C o n str u c tion P roject; se ttin g M ay 1 5 , 2 0 0 1 , a s b id d u e d a te a n d M a y 2 2 , 2 0 0 1 , a s d a te o f p u b lic hearing 1 2 .R E S O LU T IO N N O . 01 -1 2 4 app rovin g plan s and sp ecification s for 20 0 1 /0 2 S eal C oat R eco n stru ction Prog ra m ; setting A pril 26, 2001, as bid due date and M ay 8, 2001, as date o f public hea ring 1 3 .R E S O L U T IO N N O . 0 1 -12 5 ap p ro vin g p la n s an d sp e c ific a tion s fo r 2 0 0 1 /0 2 C y-R i d e R o u te R e c onstructio n P rog ra m ; setting M ay 1, 2001, as bid due da te and M a y 8, 2001, as date of public hearing 1 4 .R E S O LU T IO N N O . 01 -1 2 6 app rovin g plan s and sp ecification s for 20 0 1 /0 2 P u b lic Parkin g Lot R e ha bilita tion Pro gram ; se tting M a y 1, 2001, as bid due date and M a y 8, 2001, as da te o f public hearing 1 5 .R E S O L U T IO N N O . 0 1 -1 2 7 aw ard in g a con tract to R E S C O of A n ken y, Iow a, for sin gle-p h ase padm o unted distribution trans fo rm ers fo r the Ele c tric Se rv ic e s D e pa rtm ent 1 6 .R E S O LU T IO N N O . 01 -1 2 8 aw ard in g a contract to E R M C O of D yersbu rg, T enn essee, for overh ead distributio n tra nsfo rm e rs for the Electric Serv ices D epartm e nt 17.R ES O LU TIO N N O . 01-129 approv ing appro priatio n o f $1,800 fo r expense s incurred with updating the S tory C ou n ty D evelop m ent P lan 1 8 .R E S O LU T IO N N O . 01 -1 3 0 app rovin g N eigh b orh ood Im p rovem ent P roject for 20 0 0 /0 1 , P h ase 2 2 19.R ES O LU TIO N N O . 01-131 appro ving co ntract and bond f or 2001/02 N e ig hborho od C urb R epla c e m e nt P rogram 20.D auntless Subdivisio n, Fifth A dditio n: a.R E S O L U T IO N N O . 0 1 -1 3 2 accep tin g p artial co m p letion of p u b lic im p rov e m e n ts b .R E S O LU T IO N N O . 01 -1 3 3 app rovin g F in al M ajor P lat Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: Wallace Sanders, 1924 Northcrest Circle, Ames, informed the Council that the Northcrest Community is planning to build a new specialized medical facility for persons with Alzheimer’s disease and other forms of dementia. He distributed a portfolio of information on the proposed facility. Mr. Sanders explained that the Northcrest Board of Directors agreed to build this facility if it could be built solely from private donations and would be self-sufficient. He advised that Northcrest residents, staff, and the Board of Directors have pledged over half of the $2,000,000 goal, and included in this goal is $300,000 to begin an endowment fund to assist those people needing financial assistance. Mr. Sanders explained that over half of the 14 private rooms will be available to citizens of Ames and surrounding communities with up to six rooms available to Northcrest residents. They are now asking members of the community to join in this partnership and are seeking donations from the public. FIREWORKS DISPLAY FOR IOWA GAMES OPENING CEREMONIES: Moved by Cross, seconded by Goodhue, to approve the request from Iowa Sports Foundation for a fireworks display for Iowa Games Opening Ceremonies on July 20, 2001. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST TO HIRE CONSULTANT TO ASSIST IN CREATION OF DESIGN CONCEPT FOR CYNTHIA DUFF PLAZA ARTWORK: Nancy Polster, Chairperson of the Public Art Commission, explained the Commission’s request. Council Member Cross said that he thought an expert from Ames could be utilized instead of an out-of-town consultant. Ms. Polster explained that Craig Ritland, the consultant being recommended by the Commission, is formerly from Ames. Council Member Wirth expressed her concern that such a large portion of the Commission’s art budget would be used to pay for a consultant. Ms. Wirth explained that she had initially brought the issue of naming this plaza after Cynthia Duff to commemorate her contributions to the community. She does not feel that the plan being recommended by the Commission adequately honors Cynthia Duff. Ms. Wirth suggested incorporating tiles created by David Dahlquist that include historical feats. Moved by Wirth, seconded by Goodhue, to adopt RESOLUTION NO. 01-134 approving the hiring of Craig Ritland as a consultant to assist in creating a unified Cynthia Duff Plaza design concept and giving direction to Mr. Ritland that the design should continue the historic theme that is already developed in the Downtown area. 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. 3 DOWNTOWN FARMERS’ MARKET CONTRACT FOR 2001: Moved by Cross, seconded by Goodhue, to adopt RESOLUTION NO. 01-135 approving the Agreement between the City of Ames and the Practical Farmers of Iowa - Food Systems program (Downtown Farmers Market) for 2001. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SALE OF STRIP OF CITY LAND NORTH OF CRYSTAL STREET: Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 01-136 proposing the sale of a strip of City land located north of Crystal Street to Armstrong Properties, LLC, and setting the date of public hearing for April 24, 2001, with the stipulation that the property only be sold if the garages are constructed no closer to the bike path than 19 feet. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SALE OF CITY-OWNED PROPERTY AT 234 SOUTH WASHINGTON: Moved by Hoffman, seconded by Cross, directing staff to solicit proposals for the sale of the abandoned electric substation property at 234 S. Washington Avenue. Vote on Motion: 6-0. Motion declared carried unanimously. REQUESTS FROM ASCENSION LUTHERAN CHURCH: Moved by Quirmbach, seconded by Wirth, directing the City Manager to designate one handicapped parking space in front of the Church along Kellogg Avenue south of 7th Street for Sunday church services from 8 AM to 1 PM. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Cross, seconded by Goodhue, denying the request for “visitor parking” designation. Vote on Motion: 6-0. Motion declared carried unanimously. OPEN SPACE/PARK MASTER PLAN FOR HALLETT’S QUARRY: Steve Schainker, City Manager, explained that the City’s Vision Iowa grant application will be submitted in May. He reminded the City Council that the City is partnering with Iowa State University to include improvements to Reiman Gardens in the grant application. Council Member Cross recognized Story County for taking formal action stating that the County will provide expertise and in-kind labor for the establishment of the wetlands, woodlands, prairie, and lawn meadow, assistance that will result in savings to the City of approximately $1,100,000. Moved by Quirmbach, seconded by Cross, to receive the proposed Open Space/Park Master Plan and set the date of public hearing for May 22, 2001, for approval and authorization of land acquisition and directing notice to affected land owners. Vote on Motion: 6-0. Motion declared carried unanimously. 4 City Manager Steve Schainker explained that a project timeline pertaining to a prospective bond issue election had been provided to the Council for their review. MASTER PLAN FOR PROPOSED RECREATION/AQUATICS COMPLEX: Council Member Quirmbach emphasized that if a Vision Iowa grant is not secured by the City, new discussions will need to be held to determine how to proceed with this specific project. Moved by Cross, seconded by Goodhue, to adopt RESOLUTION NO. 01-137 approving the Recreation/Aquatics Complex Master Plan for a 109,000-square-foot facility at an estimated cost of $24 million. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PROPOSED CHANGES AND ADDITIONAL FEES FOR INSPECTIONS DIVISION: Moved by Cross, seconded by Goodhue, to adopt RESOLUTION NO. 01-138 approving changes and additional fees for the Inspections Division with an implementation date of July 1, 2001. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CITY-OWNED LOT LOCATED AT 24TH AND HOOVER: Moved by Hoffman, seconded by Wirth, directing staff to pursue development of the lot located at 24th and Hoover. Vote on Motion: 6-0. Motion declared carried unanimously. URBAN REVITALIZATION AREA (URA) #7/SOMERSET URA PLAN: Moved by Wirth, seconded by Quirmbach, proposing an amendment to the URA #7 and Somerset URA Plans revising Stipulation #8 to require as a condition for tax abatement that the developers agree to complete the village concept to the boundaries of the Conceptual Development Plan and setting the date of public hearing for April 24, 2001. Council Member Goodhue felt that that alternative would be a complete shift in the recommendation that he felt was clear at previous meetings. He felt that the developers had agreed to complete the village concept to the boundaries of the Somerset URA and URA #7 areas. Council Member Cross concurred with Council Member Goodhue. Council Member Campbell pointed out that one of the possibilities suggested by the consultants, Zimmerman and Volk, is that building out the entire 147 acres (as indicated in the CDP) as a village may not be necessary; the consultants’ report is not due back for approximately four months. Vote on Motion: 3-3. Voting aye: Hoffman, Quirmbach, Wirth. Voting nay: Campbell, Cross, Goodhue. Mayor Tedesco voted nay to break the tie. Motion failed. Mayor Tedesco clarified that, with the action just passed, the developers have no obligation under Stipulation #8 to continue to build out the entire 147 acres as a village. 5 Moved by Cross, seconded by Goodhue, proposing an amendment to the URA #7 and Somerset URA Plans revising Stipulation #8 to require as a condition for tax abatement that the developers agree to complete the village concept to the boundaries of the Somerset and #7 URAs and setting the date of public hearing for April 24, 2001. Vote on Motion: 4-2. Voting aye: Campbell, Cross, Goodhue, Wirth. Voting nay: Hoffman, Quirmbach. Motion declared carried. HEARING ON SOUTH DAKOTA AVENUE/U. S. 30 INTERCHANGE GRADING AND PAVING PROJECT: Mayor Tedesco explained that the Iowa Department of Transportation has determined that right-of-way negotiations should have included compensation for relocation of tenants that were in the McCay house, and they want that issue cleared before the project is awarded. Mayor Tedesco opened the public hearing. There being no one wishing to speak, the hearing was closed. Moved by Hoffman, seconded by Cross, to accept the report of bids and delay award of the project until right-of-way concerns are cleared. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON REZONING OF PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF SE 16TH STREET AND SOUTH DAYTON AVENUE: 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 pass on first reading an ordinance rezoning the property generally located at the northwest corner of the intersection of SE 16th Street and South Dayton Avenue, east of the Skunk River, from Agricultural to Highway-Oriented Commercial and General Industrial. Roll Call Vote: 6-0. Motion declared carried unanimously. HEARING ON ZONING ORDINANCE TEXT CHANGES PERTAINING TO SECTIONS 29.201 (194-210), 29.408(4), 29.804(2), AND ADDING SECTION 29.1308 (tabled from 3/27/01 meeting): Steve Schainker stated that this is a very complex issue, and he doesn’t believe that adequate time was devoted nor were the possible text changes explained in enough detail at the Council’s meeting of March 27, 2001. He suggested that the City Council not approve the proposed Section pertaining to temporary uses; he believes that staff needs to further their work with affected business owners. Eden Schmitt, Planner, explained the staff’s rationale as to why an ordinance pertaining to temporary uses of property is being proposed at this time. 6 Council Member Campbell suggested that the City’s parking requirements may be excessive if businesses can take a large number of spaces for temporary uses without causing significant parking problems for their customers. Ms. Schmitt explained that staff may need to review those requirements. Council Member Wirth believes that temporary uses should be an issue. She feels that pedestrian safety is an issue. Council Member Hoffman concurred. Council Member Goodhue pointed out that there are many outstanding issues facing the Planning and Housing Department, one in particular being Sub-Area Planning, and he feels that this is an issue that could be revisited several months into the future. Mayor Tedesco re-opened the public hearing. R. J. Vidimos, II, 5017 Todd Drive, Ames, who is the Assistant Manager of Lowe’s, stated that he does not believe 120 days is a long enough time period for temporary uses (garden centers) to be allowed. Lowe’s now has a permanent display area, and Ms. Schmitt explained that the proposed ordinance no longer pertains to them. Monte Street, 640 Lincoln Way, Ames, a Manager of HyVee, said that the proposed ordinance pertaining to temporary uses directly affects HyVee. He advised that their garden center does not take up 100 parking spaces, as reported by staff. Mr. Street indicated that people are landscaping more, planting more trees, and customers are asking for more. He said that safety is a concern for HyVee as well; however, in his 21 years of employment there, no one has ever been hit in their parking lot. Todd Teiken, Store Manager at Kmart, stated that out of the 616 spaces on that business’s property, 54 are utilized for their garden center. He does not feel the temporary use of property is an issue. There being no one else wishing to speak, the hearing was closed. Moved by Cross, seconded by Goodhue, to deny approval of an ordinance that would revise the screening requirements for mechanical equipment, provide for park and open space (golf courses) in areas zoned Highway-Oriented Commercial, and create requirements for temporary uses of property. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON ZONING ORDINANCE TEXT CHANGES PERTAINING TO SECTIONS 29.408(4) AND 29.804(2): Council Member Quirmbach expressed his concerns about modifying the Zoning Ordinance requirements to allow development of properties that have a floodway designation. He prefers that more citizen input be received prior to allowing parks and open space being allowed as a special use in the Highway-Oriented Commercial (HOC) zone. 7 Mayor Tedesco opened the public hearing. There being no one wishing to speak, the hearing was closed. Moved by Goodhue, seconded by Campbell, to pass on first reading an ordinance amending 29.408(4) and 29.804(2) of the Zoning Ordinance, revising the screening requirements for mechanical equipment and providing for park and open space (golf courses) in areas zoned Highway-Oriented Commercial. Roll Call Vote: 5-1. Voting aye: Campbell, Cross, Goodhue, Hoffman, Wirth. Voting nay: Quirmbach. Motion declared carried. Moved by Campbell, seconded by Goodhue, to suspend the rules necessary for the adoption of an ordinance. Roll Call Vote: 5-1. Voting aye: Campbell, Cross, Goodhue, Hoffman, Wirth. Voting nay: Quirmach. Motion declared carried. Moved by Campbell, seconded by Goodhue, to pass on second and third readings and adopt ORDINANCE NO. 3910 amending Sections 29.408(4) and 29.804(2) of the Zoning Ordinance, revising the screening requirements for mechanical equipment and providing for park and open space (golf courses) in areas zoned Highway-Oriented Commercial. Roll Call Vote: 5-1. Voting aye: Campbell, Cross, Goodhue, Hoffman, Wirth. Voting nay: Quirmbach. Ordinance declared adopted, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE ESTABLISHING THE SOMERSET VILLAGE URBAN REVITALIZATION AREA: Moved by Goodhue, seconded by Cross, to pass on second 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. ORDINANCE DESIGNATING PARKING PROHIBITIONS ON FLORIDA AVENUE: Moved by Campbell, seconded by Goodhue, to pass on second reading an ordinance designating parking prohibitions on Florida Avenue. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE DESIGNATING PARKING PRO H I BITIO NS FOR HILL SIDE SUBDIVISION, 6TH ADDITION: Moved by Hoffman, seconded by Cross, to pass on second reading an ordinance designating parking prohibitions for Hillside Subdivision, 6th Addition. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE REZONING 208 STANTON AVENUE FROM “RH” TO “DCSC”: Moved by Goodhue, seconded by Hoffman, to pass on third reading and adopt ORDINANCE NO. 3609 rezoning 208 Stanton Avenue from “RH” (Residential High Density) to “DCSC” (Downtown/Campustown Service Center). 8 Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Moved by Goodhue, seconded by Campbell, to refer to staff the letters from Bill Fedeler, asking to acquire City-owned property; Dean Hunziker, asking for specific actions to be taken by the City pertaining to the development of Sunset Ridge; Carlene and David Norris, offering to sell to the City properties at the corner of Fifth Street and Grand Avenue; and Marvin Walter, asking for a piece of City-owned property to be deeded to a golf course partnership in exchange for right-of-way for the future Grand Avenue extension. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Cross, seconded by Campbell, to refer to staff, the request of John Stuve, 321 Jewel Drive, Ames, for a speed/safety analysis to be done from Onyx Drive to Kate Mitchell School. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Quirmbach, seconded by Cross, to request that staff contact the management at Coconut Cove to ascertain what actions are being taken to prohibit under-age drinking and other illegal activities in light of recent correspondence received alleging that youth are participating in inappropriate activities there. Vote on Motion: 6-0. Motion declared carried unanimously. ADJOURNMENT: 8:54 p.m. ______________________________________________________________________ Diane Voss, City Clerk Ted Tedesco, Mayor