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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 03/28/2000MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA MARCH 28, 2000 The Ames City Council met in regular session at 7:00 p.m. on the 28th day of March, 2000, 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: Cross, Goodhue, Hoffman, and Wirth. Council Member Quirmbach arrived at 7:05 p.m. Council Member Campbell was absent. CALL TO ORDER: 7:00 p.m. RECOGNITION OF THE ISU WOMEN’S GYMNASTICS TEAM: Mayor Tedesco recognized the Iowa State University Women’s Gymnastics Team for their outstanding season and being the Big 12 Conference Champions. PROCLAMATION FOR IOWA-MALAYSIA FRIENDSHIP DAY: APRIL 9, 2000: Mayor Tedesco proclaimed April 9, 2000, as Iowa-Malaysia Friendship Day. Accepting the proclamation were Malaysian students Billy Wong and Lee Hui. CONSENT AGENDA: Moved by Cross, seconded by Hoffman, to approve the following items on the Consent Agenda: 1.M otion app roving p a yment o f claims 2.M otion a pproving minute s of re gula r me e ting of M a rch 7 , 20 00 3.M otion app rov ing the follow ing beer perm its and liqu or licenses: a.C lass E B eer -C yclon e Liqu ors, 62 6 Linco ln W ay b.C lass C Liqu or & O utdo or Service Area - C y’s R oo st & D on ’s D eli/Lost & F ou nd Lou nge, 121 W e lc h Ave nue c.C lass C B eer - Jiffy, 32 6 Linco ln W ay d .C lass B W Liqu o r - V alen tin o ’s, 2 5 0 0 Fe rnd ale e.Cl a ss C Be e r and Clas s B W ine - Fareway Store s, 61 9 Burne tt Ave nue 4.M otion dire c ting City Attorney to d raft ordinance des igna ting a “2 AM to 6 AM ” parking proh ibition alon g bo th sides of Su m ner Av enu e from Linco ln W ay to S ou th 2 nd Street 5.M otion accepting donation of a used riding l a wn mower fr om Sa ue r-Sun ds t rand and r e que sting M ayor to write a letter re c ogniz ing the coopera tive e ffort betwee n i ndustry and loc a l governme nt 6.M otion reques ting additional 90 -day period to consider Xe nia Rura l W a te r Dis trict’s no tic e of intent to p rov ide w ater service within C ity’s 2-mile fringe area 7.RESOLUTION NO. 00 -081 a pproving appointmen ts to City boards and commis sions 8.RESOLUTION NO. 00 -082 a dopting new and revis e d fees for Rental Hous i ng Regulation 9.R ES O LU TIO N N O . 00 -08 3 ap prov ing airpo rt han gar lease w ith G leason A viation , Inc. 10.RESOLUTION NO. 00 -084 a pproving a s e c ond phas e Ne w Jobs Income Program (NJIP) contra c t for Ball Plas tic s Conta ine r Corpora tion 11 .R ES O LU TIO N N O . 00 -08 5 ap prov ing the Release of C on tract and Lien for the p rop erty located at 11 0 0 W . S ixth S treet in co n n ectio n w ith the C ity’s P h ase IV M o rtgage B u y-D o w n A ffo rda b le H ou sing Program 2 12.RESOLUTION NO. 00-086 approving the supplemental a greement with Kir kha m M ichael in the am ou nt of $2 4,86 0 for addition al design co sts for the S ou th D ako ta W iden ing Project 13.RESOL U TIO N N O. 00 -087 approving preliminary plans and specifications for 2000/01 Reside ntia l Street Low-Point Drainage Improvements Proje c t ; setting April 19 , 20 00, a s bid d ue date and A pril 25 , 20 00 , as date of pu blic hearing and aw ard o f con tract 1 4 .R E S O LU T IO N N O . 0 0 -08 8 ap p rov ing p relim ina ry p lan s an d sp ecification s fo r 2 0 0 0 /01 A sp h alt Resurfacing Progra m; setting April 19, 20 00, as bid du e d a te and April 25 , 2000, as date of pu blic hearing and aw ard o f con tract 15 .RESOLUTION NO. 00-089 app r ov i ng preli m i nary plans and specifications for 20 00/01 Collector S treet R eh ab ilitation Pro gram ; setting A p ril 19 , 2 0 0 0 , as bid d u e d ate an d A p ril 25 , 20 0 0 , as d ate of pu blic hearing and aw ard o f con tract 16 .R ES O LU TIO N N O . 0 0-09 0 app rov ing p lans and specification s for C on tr act 2: 20 00 -01 W ater System s Im prov em ent Program ; setting A pril 19 , 20 00 , as bid d ue d ate and A pril 25 , 20 00 , as date of pu blic hearing and aw ard o f con tract 17.RESOLUTION NO. 00-091 a pproving plans and specifications for M orte nsen Road Extens ion - Pav ing and Storm Sew er from So uth D ako ta A ven ue to 26 00 ' w est of So uth D ako ta A ven ue; setting A p ril 1 9 , 2 0 0 0 , a s b id d u e d ate an d A p ril 25 , 2 0 0 0 , as d ate o f p u b lic h earin g an d aw ard of con tract 18 .R ES O LU TIO N N O . 00 -0 9 2 a p prov ing renew al of con tract for the 2 00 0/01 Line C learance Progra m for Electric Distribution 19.RESOLUTION NO. 00 -093 a warding a contract to Forney Corporation for Flame Detection Equipment in the amount of $1 04,200 20 .R ES O LU TIO N N O . 00 -09 4 aw arding a co ntract for C utaw ay C hassis V an B od y Self-Po w ered Gen e rator Televis e d P ipe line Ins pe c tion System to ELXSI dba Cues of Orla ndo, Florida , in the amount of $59,790 21.RESOLUTION N O . 0 0-09 5 awarding a contract for City Hall Floor Covering Replacement Project to King Knutson Constr uc t i on of Iowa Fa l l s, Iowa , in the amount of $6 9,059 22.RESOLUTION NO. 00 -096 a warding a contract to W hitehead C ons t ruction, Inc ., in the amount of $5 5,828 for Pre c ipita tor Re pa ir W ork for Unit #8 23 .R ES O LU TIO N N O . 00 -09 7 ap prov ing con tract a n d b on d for R eplacemen t of SC A D A M aster Sta tion at Power Plant 2 4 .R E S O LU T IO N N O . 0 0 -09 8 acce p tin g co m p letio n o f R o o f R ep lacem en t pro ject at A m es T ran sit A gency 25.Dau ntle ss Su bdivision, 4th Addition: a.R E S O LU T IO N N O . 00 -09 9 ap p rov ing partial co m p letio n o f pu b lic im p rov em en ts b .R E S O LU T IO N N O . 00 -10 0 ap p rov ing w aiv er of right-of-w ay stan d ard c.R ES O LU TIO N N O . 00 -10 1 accepting D eed for right-of-w ay d.RESOLUTION NO. 00-102 approving re vision to development agreement e.R ES O LU TIO N N O . 00 -10 3 ap prov ing final plat Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. 3 PUBLIC FORUM: Amanda Bingham and Katie Pearson introduced themselves as the Risk- Management Chair and Off-Campus Representative, respectively, for VEISHEA 2000 and told the Council of their responsibilities and efforts undertaken to help make VEISHEA a successful event. DOT REQUEST TO USE E. 13TH STREET, DAYTON AVENUE, AND SE 16TH STREET AS AN OFFICIAL DETOUR: Moved by Cross, seconded by Quirmbach, to approve the use of E. 13th Street, Dayton Avenue, and SE 16th Street as a detour route due to the southbound I-35 to westbound U. S. 30 ramp closure for a 45-day period between April 1, 2000, and August 30, 2000, and authorize the Mayor to sign the agreement. Vote on Motion: 5-0. Motion declared carried unanimously. REQUEST OF AMES COMMUNITY PRESCHOOL CENTER (ACPC) FOR A TEMPORARY LOADING/UNLOADING ZONE ON THE WEST SIDE OF CLARK AVENUE BETWEEN SIXTH AND SEVENTH STREETS: Moved by Cross, seconded by Hoffman, to designate a temporary ten-minute loading zone along the west side of Clark Avenue from Seventh Street south 180' to the south side of Fareway’s driveway. Vote on Motion: 5-0. Motion declared carried unanimously. REQUEST FOR SEASONAL CLASS B BEER PERMIT AND OUTDOOR SERVICE AREA FOR AMES SLOWPITCH SOFTBALL ASSOCIATION: Moved by Hoffman, seconded by Cross, to approve the request for a Seasonal Class B Beer Permit and Outdoor Service Area for Ames Slowpitch Softball Association, River Valley Park on E. 13th Street. Vote on Motion: 5-0. Motion declared carried unanimously. REQUEST FROM TOWERS RESIDENCE ASSOCIATION FOR FIREWORKS DISPLAY DURING VEISHEA: Moved by Wirth, seconded by Cross, to approve the request from Towers Residence Association for a Fireworks Display during VEISHEA (on the evening of April 15, 2000). Vote on Motion: 5-0. Motion declared carried unanimously. REQUEST OF GREEK WEEK 2000 CENTRAL COMMITTEE TO CLOSE STREETS FOR GREEK WEEK OLYMPICS ON APRIL 1: Moved by Cross, seconded by Hoffman, to adopt RESOLUTION NO. 00-104 approving the request of Greek Week 2000 Central Committee to close Greeley Street (Gray Avenue to Pearson Avenue), Pearson Avenue (Ash Avenue to Greeley Street), Gray Avenue (Greeley Street to Sunset Drive), and Sunset Drive (Ash Avenue to Gray Avenue) on April 1, 2000, subject to the following stipulations: (1) No alcohol be served or consumed on streets or other public property during the events. (2) Greek Week organizers inform affected residents about the street closures. (3) Greek Week organizers secure any necessary noise permits in advance for these events. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. 4 ACQUISITION AND FRAMING OF PHOTOGRAPHS BY SCOTT POPE FOR PUBLIC ART COLLECTION: Dee Hegstrom and Dan Rice from the Public Art Commission were present. Moved by Hoffman, seconded by Goodhue, to adopt RESOLUTION NO. 00-105 authorizing the acquisition and framing of three photographs by Scott Pope to be funded using up to $600 in monies already approved in the Public Art budget. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. VEISHEA 2000 REQUESTS: Moved by Cross, seconded by Wirth, to approve the request for waiver of electrical and water charges and vendor solicitation fees. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Hoffman, seconded by Wirth, to adopt RESOLUTION NO. 00-106 approving the temporary closure of streets, City parking lots and metered parking spaces; and directing placement of signs and devices for traffic and parking control, as follows: a.Welch Avenue from Chamberlain Street to Lincoln Way: The parking spaces and the roadway shall be closed at 3:00 a.m. on Friday, April 14, 2000, until 12:00 p.m. on Sunday, April 16, 2000. b.Welch Avenue from Chamberlain Street to Hun t Street: The parking spaces shall be closed at 3:00 a.m. and the roadway at 10:00 a.m. on Friday, April 14, 2000, until 12:00 p.m. on Sunday, April 16, 2000. c.Chamberlain Street from the Welch Avenue intersection to Stanton Avenue: The parking spaces shall be closed at 3:00 a.m. and the roadway at 10:00 a.m. on Friday, April 14, 2000, until 12:00 p.m. on Sunday, April 16, 2000. d.Chamberlain Street from the Welch Avenue intersection to H ayward Avenue: The parking spaces shall be closed at 3:00 a.m. and the roadway at 10:00 a.m. on Friday, April 14, 2000, until 12:00 p.m. on Sunday, April 16, 2000. e.City Parking Lot Y (next to T-Galaxy) shall be closed from 10:00 a.m. on Friday, April 14, 2000, until 12:00 p.m. on Sunday, April 16, 2000. f.The City parking lot on Welch Avenue between McDonalds and Pizza Pit shall be closed from 10 :00 a.m. on Friday, April 14, 2000, until 12:00 p.m. on Sunday, April 16, 200 0. Reserved spaces shall not be closed. g.The City Manager shall cause approp riate “no-parking” signs, barricades, traffic control signs, or other regulatory devices to be em plo yed and enfo rced for the implementation of this resolution. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. 5 HEARING ON ZONING ORDINANCE TEXT CHANGES AND ZONING MAP: Mayor Tedesco declared the hearing open. Pat Brown, 3212 West Street, Ames, was present and requested that the City Council look at policies to help preserve neighborhoods. She and others in her neighborhood are opposed to high-density zoning in residential areas and specifically for the property at the corner of Howard and West Streets. Donna Kimberley, 1012 Lincoln Way, Ames, stated that she and her husband own an apartment building at 1018 Lincoln Way and are opposed to lowering the density designation in this area; they want it to be zoned High-Density Residential. Ms. Kimberley presented a petition signed by owners of property along Lincoln Way, South Maple, and South Oak who oppose changing the zoning designation from High-Density Residential. Ken Augustine, 2423 Duff, Ames, stated that he is opposed to the creation of a maximum building setback of 60' from the front lot line in the Commercial Zone. He believes that larger retailers will not choose to build in Ames due to that requirement. If that requirement is included in the new Zoning Ordinance, he hopes that Council will be open to requests for exceptions. Max Porter, 1707 Amherst, Ames, explained that he supports the change of zoning designation to High-Density Residential for his property at Howard and West Streets. Council Member Quirmbach requested, if and when Mr. Porter redevelops the property at the corner of Howard and West Street, that he meet with the residents of the neighborhood in an attempt to make the new structure fit into their neighborhood as much as possible. There being no one else wishing to speak, the hearing was closed. Planning and Housing Director Brian O’Connell explained the maximum building setback regulation proposed in the new Zoning Ordinance. Moved by Wirth, seconded by Cross, to pass on first reading the revised Zoning Ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Wirth, seconded by Cross, to pass on first reading an ordinance adopting the Zoning Map. Roll Call Vote: 5-0. Motion declared carried unanimously. HEARING ON NUISANCE ASSESSMENTS: Mayor Tedesco declared the hearing open. There being no one wishing to speak, the hearing was closed. Moved by Quirmbach, seconded by Hoffman, to adopt RESOLUTION NO. 00-107 assessing costs of snow/ice removal and certifying assessments to Story County Treasurer. 6 Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON 13TH STREET RESURFACING PROJECT (400' WEST OF CRESCENT TO GRAND AVENUE): Mayor Tedesco declared the hearing open. There being no one wishing to speak, the hearing was closed. Moved by Hoffman, seconded by Goodhue, to adopt RESOLUTION NO. 00-108 approving final plans and specifications and awarding a contract to Manatt’s of Ames, Iowa, in the amount of $321,631.70. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON PUBLIC HOUSING AUTHORITY (PHA) 5-YEAR AND ANNUAL PLAN: Mayor Tedesco declared the hearing open. Jeana King, an employee of ACCESS, Ames, expressed her dismay that she and others working with housing issues did not learn of this hearing until yesterday. She would also like to see discussion within the next year on admissions preferences, specifically to include women who have been victims of domestic violence, and the fair-market rent standard. Vanessa Baker Latimer, City of Ames Housing Coordinator, explained the HUD mandate of the submission of a PHA 5-Year and Annual Plan. She explained the requirement for a Resident Advisory Board and recognized the persons present who are members of the Resident Advisory Board and/or participants in the Section 8 Program. Ohnja Olomonsa, I, 3504 Lincoln Way, #16, Ames, spoke in opposition to using preferences. He recognized the efforts of the Housing Coordinator and her staff to place qualified applicants in appropriate housing units. There being no one else wishing to speak, the hearing was closed. Moved by Cross, seconded by Goodhue, to adopt RESOLUTION NO. 00-109 approving the Annual and 5-Year PHA Agency Plan. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON 2000 TRAFFIC SIGNAL PROJECT: Mayor Tedesco declared the hearing open. There being no one wishing to speak, the hearing was closed. Moved by Goodhue, seconded by Wirth, to adopt RESOLUTION NO. 00-110 approving final plans and specifications and awarding a contract to Iowa Signal & Electric Company of Des Moines, Iowa, in the amount of $187,050.29. 7 Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON AIRPORT SECURITY FENCING PROJECT: Mayor Tedesco declared the hearing open. There being no one wishing to speak, the hearing was closed. Moved by Cross, seconded by Quirmbach, to adopt RESOLUTION NO. 00-111 approving final plans and specifications and awarding a contract to ECInc. of Cedar Rapids, Iowa, in the amount of $30,823. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON 2000/01 WATER SYSTEMS IMPROVEMENTS PROGRAM CONTRACT NO. 1: Mayor Tedesco declared the hearing open. There being no one wishing to speak, the hearing was closed. Moved by Hoffman, seconded by Cross, to adopt RESOLUTION NO. 00-112 approving final plans and specifications and awarding a contract to KRI Company of Ames, Iowa, in the amount of $171,170. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON 2000/01 WATER SYSTEM IMPROVEMENT PROGRAM CONTRACT NO. 3: Mayor Tedesco declared the hearing open. There being no one wishing to speak, the hearing was closed. Moved by Hoffman, seconded by Cross, to adopt RESOLUTION NO. 00-113 approving final plans and specifications and awarding a contract to Van Hauen and Associates of Clive, Iowa, in the amount of $555,555. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON SOUTH DAKOTA/U. S. 30 INTERCHANGE: Public Works Director Paul Wiegand explained the project. Mayor Tedesco declared the hearing open. William Lillis, 300 Bank of America Building, Des Moines, Iowa, representing his client, Meadow Wood Apartments, spoke in favor of this project. There being no one else wishing to speak, the hearing was closed. 8 Moved by Cross, seconded by Goodhue, to adopt RESOLUTION NO. 00-114 authorizing staff to proceed with project and authorizing determination of just compensation. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. CHANGES TO THE LAND USE POLICY PLAN (LUPP): Moved by Quirmbach, seconded by Cross, to adopt RESOLUTION NO. 00-115 approving changes to the LUPP that involve a new unique area classification for “Near Term Lands” and the inclusion of the Capital Investment Strategy and the Annexation Implementation Strategy in the Plan. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. REQUEST FOR VOLUNTARY ANNEXATION OF APPROXIMATELY 291 ACRES, GENERALLY KNOWN AS THE TAYLOR AND UTHE FARMS: Moved by Cross, seconded by Goodhue, to adopt RESOLUTION NO. 00-116 approving the petition to annex the areas generally referred to as the Uthe and Taylor Farms with the condition that a change to the LUPP has been adopted to reflect the policies of the Phase II Annexation Study, the Annexation Implementation Strategy, and the Capital Investment Strategy. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. URBAN REVITALIZATION AREA FOR 316 LINCOLN WAY: Mark Reinig, Economic Development Coordinator, explained this request, the first one under the newly adopted Commercial Criteria Matrix. At issue are the proposed utilization of a pole sign on the east end of the property, which is not permitted under the Optional Signage Standard, and the unfulfillment of the Shared Parking Standard. Mr. Reinig explained that the applicant had made attempts to coordinate shared parking with property owners to the east, west, and south, all of which have failed. Edward Sorenson, owner of 316 Lincoln Way, Ames, distributed a drawing showing the proposed Dairy Queen sign and explained how they arrived at the proposed dimensions for the new sign. He also distributed a photograph of the Dairy Queen sign now located at the North Ames Dairy Queen. Moved by Goodhue, seconded by Wirth, to refer this request back to staff for further negotiations on the signage issue. Vote on Motion: 5-0. Motion declared carried unanimously. PLANNED UNIT DEVELOPMENT (PUD) PLAN FOR SOMERSET GARDEN APARTMENTS LOCATED WEST OF KENT AVENUE AND NORTH OF BRISTOL DRIVE: Moved by Hoffman, seconded by Goodhue, to adopt RESOLUTION NO. 00-117 approving an amended PUD Plan for Somerset Garden Apartments with the below-listed stipulations: 9 1.That all buildings and structures are consistent with the representations for the garden apartments on the site plan, the architectural elevations, and the Garden Apartment Guidelines, and by this reference, the overall Somerset Architectural Guidelines and/or the Somerset Reference Manual. 2.That a lighting plan for the apartment buildings and garages be submitted for approval by City staff prior to issuance of building permits. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. PLANNED UNIT DEVELOPMENT (PUD) PLAN FOR WESSEX SUBDIVISION LOCATED SOUTHWEST OF THE INTERSECTION OF ELWOOD DRIVE AND OAKWOOD ROAD: Brian O’Connell explained the reason for the requested change; the developers have determined that a daycare center on this site is not marketable. Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 00-118 approving the amended PUD Plan for Wessex Subdivision. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. Meeting adjourned at 8:55 p.m. and reconvened at 9:00 p.m. ELECTRIC POLE RENTAL: Bob Kindred, Assistant City Manager, explained the history behind the staff recommendation that an adjustment be made to the City’s pole rental fees, lowering the fee from $18.95 (set in February 1999) to $13.05/pole/year. Jon Koebrick, representing AT&T Cable Services Cable System, 225 Dayton Avenue, Ames, gave comparable data between Ames and other franchise owners; Ames charges the highest fee of 240 cities. AT&T prefers that the fee not be over $10/pole/year. He stated that AT&T may have to charge their customers for the pole rental fee. Warren Madden, 2815 Oakwood Road, Ames, representing the Ames Economic Development Commission, distributed a letter to Council that indicated their support of the staff’s recommendation to lower the pole rental fee to $13.05/pole/year. Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 00-119 establishing a new pole attachment fee of $13.05/pole/year. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. 10 Gretchen Teglar, representing McLeodUSA, 3590-109th Street, Urbandale, Iowa, complimented the City staff for their cooperative efforts to reach an agreement with her company that was beneficial to both parties. She informed Council that McLeodUSA plans to expand their fiber optics network in Ames and enhance their switching facilities during 2000. Moved by Hoffman, seconded by Goodhue, to adopt RESOLUTION NO. 00-120 approving the Pole Use Agreement with McLeodUSA Telecommunications Services, Inc. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. NEW AMES/ISU ICE ARENA: Moved by Wirth, seconded by Cross, to adopt RESOLUTION NO. 00-121 approving preliminary plans and specifications for the new Ames/ISU Ice Arena; setting May 2, 2000, as bid due date and May 9, 2000, as date of public hearing and award of contract. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. SOUTHEAST 5TH STREET STORM SEWER PROJECT: Moved by Goodhue, seconded by Hoffman, authorizing notice of intent to acquire private property and setting May 9, 2000, as the date of public hearing. Vote on Motion: 5-0. Motion declared carried unanimously. BILLY SUNDAY ROAD PAVING PROGRAM: Moved by Quirmbach, seconded by Hoffman, to adopt the PRELIMINARY RESOLUTION NO. 00-122. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Quirmbach, seconded by Hoffman, to adopt RESOLUTION NO. 00-123 adopting preliminary plat and schedule of assessments. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Quirmbach, seconded by Hoffman, to adopt RESOLUTION NO. 00-124 adopting the Proposed Resolution of Necessity and setting April 25, 2000, as the date of public hearing. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. ADAMS STREET WATER CONNECTION DISTRICTS: Moved by Cross, seconded by Wirth, to pass on first reading an ordinance establishing the Adams Street Parcel 1 Water Connection District. Roll Call Vote: 5-0. Motion declared carried unanimously. 11 Moved by Wirth, seconded by Goodhue, to pass on first reading an ordinance establishing the Adams Street Parcel 2 Water Connection District. Roll Call Vote: 5-0. Motion declared carried unanimously. ADAMS STREET PAVING PROGRAM: Moved by Wirth, seconded by Hoffman, to adopt RESOLUTION NO. 00-125 accepting as complete and satisfactory the contract for Adams Street Paving. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Wirth, seconded by Hoffman, to adopt RESOLUTION NO. 00-126 adopting the final assessment schedule and levying assessments. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. UNDER-AGE SMOKING ENFORCEMENT/COMPLIANCE: City Attorney John Klaus explained that the City would not receive the proceeds from civil penalties imposed on dealers pursuant to Code of Iowa Section 453A.22. Mayor Tedesco pointed out that this is an unfunded mandate imposed by the state wherein the state reaps the benefits of the revenue generated by the fines. Council Member Hoffman stated that she had talked to a couple senators about this issue and ascertained that one of the senators is drafting an amendment to allow for the civil penalties imposed on dealers to be retained by the City. Moved by Wirth, seconded by Quirmbach, that the City not be involved in the cigarette license issuing process; the State Department of Revenue would then be the issuing body. It was pointed out by Mayor Tedesco that this is a separate issue from the enforcement/compliance issue. Moved by Hoffman, seconded by Cross, to table this issue until the Legislature adjourns for 2000. Vote on Motion: 3-2. Voting aye: Cross, Goodhue, Hoffman. Voting nay: Quirmbach, Wirth. Motion declared carried. Moved by Wirth, seconded by Quirmbach, to refer to staff to investigate the possibility of developing a local ordinance which would allow the City to receive the proceeds from civil penalties imposed on dealers. Vote on Motion: 5-0. Motion declared carried unanimously. ORDINANCE CREATING STREET WORK ZONE REGULATIONS: Moved by Cross, seconded by Wirth, to pass on first reading an ordinance creating Street Work Zone Regulations that establish a mechanism for implementing temporary speed limits in construction zones. Roll Call Vote: 5-0. Motion declared carried unanimously. 12 Moved by Hoffman, seconded by Wirth, to suspend the rules necessary for the adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Cross, seconded by Wirth, to pass on second and third readings and adopt ORDINANCE NO. 3556 creating Street Work Zone Regulations that establish a mechanism for implementing temporary speed limits in construction zones. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE MODIFYING THE NATURAL LIGHT AND VENTILATION REQUIREMENT FOR RESIDENTIAL BASEMENTS: Moved by Cross, seconded by Hoffman, to pass on first reading an ordinance modifying the natural light and ventilation requirement for residential basements. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE ESTABLISHING THE 325 WELCH AVENUE URBAN REVITALIZATION AREA: Moved by Cross, seconded by Wirth, to pass on third reading and adopt ORDINANCE NO. 3554 establishing the 325 Welch Avenue Urban Revitalization Area. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE ESTABLISHING PARKING REGULATIONS FOR TOPAZ COURT, SOUTHERN HILLS DRIVE, AND ADAMS STREET: Moved by Hoffman, seconded by Cross, to pass on third reading and adopt ORDINANCE NO. 3555 establishing parking regulations for Topaz Court, Southern Hills Drive, and Adams Street. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Moved by Quirmbach, seconded by Cross, to ask staff to prepare a report regarding the maximum building setback regulation in the Highway-Oriented Zone, specifically requesting that staff contact a sampling of national retailers to find out if this is a concern that extends to more than one or two and to contact other cities to find out what their experiences have been in this regard. Vote on Motion: 4-1. Voting aye: Cross, Goodhue, Hoffman, Quirmbach. Voting nay: Wirth. Motion declared carried. Moved by Goodhue, seconded by Hoffman, to refer to staff Attorney Robert Goodwin’s request for a waiver of the Minor Subdivision requirement for the property at 116 Clark Avenue. Vote on Motion: 5-0. Motion declared carried unanimously. 13 Moved by Goodhue, seconded by Hoffman, to refer to staff Attorney Robert Goodwin’s request for a waiver of the Minor Subdivision requirement for the property at 309-20th Street. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Goodhue, seconded by Wirth, to refer to staff Hubbell Realty’s request for the use of 50 spaces at Main Street Station for use by their employees at a reduced rate. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Goodhue, seconded by Cross, to refer to staff Bill Allen’s request for a waiver of the 1320' rule pertaining to Stone Brooke, 6th Addition. Goodhue withdrew motion. Moved by Goodhue, seconded by Cross, to refer to staff Scott Randall’s request for a waiver of the Minor Subdivision requirement for Outlot “A” in the Aspen Business Park Subdivision, 1st Addition. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Goodhue, seconded by Cross, to refer to staff Hunziker & Associates’ request for a waiver of sidewalks on one side for Dayton Park, 3rd Addition. Vote on Motion: 4-1. Voting aye: Cross, Goodhue, Hoffman, Quirmbach. Voting nay: Wirth. Motion declared carried. Moved by Hoffman, seconded by Cross, to refer to staff the request for no school parking from 20th Street and Coolidge Drive to 1731 Coolidge. Vote on Motion: 5-0. Motion declared carried unanimously. Mayor Tedesco acknowledged a letter received by the City Council from Earl Franz requesting that they appoint a group of citizens to recommend a new City flag. ADJOURNMENT: 9:47 p.m. _________________________________________________________________________ Diane Voss, City Clerk Ted Tedesco, Mayor