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HomeMy WebLinkAbout~Master - Joint Meeting of the Ames City Council and Planning and Zoning Commission and Regular Meeting of the Ames City Council 09/26/2000MINUTES OF THE JOINT MEETING OF THE AMES CITY COUNCIL AND PLANNING & ZONING COMMISSION AND REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA SEPTEMBER 26, 2000 The Ames City Council met in joint session with the Planning & Zoning Commission at 5:15 p.m. on the 26th day of September, 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: Campbell, Cross, Hoffman, and Wirth. Council Member Quirmbach arrived at 5:22 p.m., and Council Member Goodhue arrived at 5:40 p.m. Representing the Planning & Zoning Commission were Chairperson Sevde and Commission Members Buck, Keeney, Prudhomme, Carter, and LeGates. Commission Member Schafer was absent. PRESENTATION OF TRANSPORTATION PLAN: Mayor Tedesco introduced Paul Wiegand, Public Works Director, who gave the history behind the preparation of the Preliminary Transportation Plan. He explained to the Council that approval of the Plan was not being requested at this meeting; however, direction to the staff was desired on any particulars of the Plan that they would like to see changed. The Council was advised that the Plan will be finalized after an evaluation of existing and potential financial resources to verify its attainability is completed. Mr. Wiegand then introduced Richard Hocking with the Barton/Aschman consulting firm. After briefly commenting on the Plan, Mr. Hocking introduced Eric Russell, also with the Barton/Aschman firm. Mr. Russell and Paul Wiegand gave the presentation on the Preliminary Transportation Master Plan. A brief discussion ensued among the City Council and Commission members on the recommendations and costs associated with same. Mr. Wiegand advised that a public hearing on the Transportation Plan would be held some time in the future, perhaps later in October or early November. When the Plan comes back to Council, Council Member Campbell asked to have an overlay on the map showing what is being recommended in the current Capital Improvements Plan. It was the consensus of the City Council that City staff should visit with the neighbors in the Harrison Road area about the possibility of extending that Road. Moved by Campbell, seconded by Cross, to refer to staff the request of the owners of MicroTel Inn & Suites to pave the dirt portion of SE 16th Street between Duff Avenue and South Dayton Avenue. Vote on Motion: 6-0. Motion declared carried unanimously. The meeting recessed at 6:42 p.m. and reconvened at 6:50 p.m. 2 REGULAR MEETING OF THE AMES CITY COUNCIL PROCLAMATION FOR STOP THE HATE DAY: Mayor Tedesco proclaimed October 5, 2000, as Stop the Hate Day. Accepting the Proclamation on behalf of the Interfaith Alliance of Iowa was Harry Weiss. PROCLAMATION FOR FIRE PREVENTION WEEK: October 8 - 14, 2000, was proclaimed by Mayor Tedesco to be Fire Prevention Week. Deputy Fire Chief Sandoval, Lieutenant John Johnson, and Fire Fighter Audra Pittmann accepted the Proclamation on behalf of the Ames Fire Department. CONSENT AGENDA: Council Member Wirth asked to have Item # 5 pulled for separate discussion. Moved by Hoffman, seconded by Cross, to approve the following items on the Consent Agenda: 1.Motion approving payment of claims 2.M otion approv ing renew al of the follow ing beer perm its/liqu or licenses: a.Class C Liqu or - E. J.’s Legacy, 111 Fifth Street b.Class B Beer - Happy Joe’s, 551 S. Duff Avenue c.Class C Liqu or & O utdo or Service A rea - H un ky D ory’s, 300 S. 17 th S treet (form s ou t) d.Class C Beer & Class B Wine - KM art #3971, 1405 Buckeye Avenue e.Class C Liqu or - La Fu en te M ex ican R estau ran t, 217 S. D uff Av en ue (form s ou t) f.Class C Liqu or & O utdo or Service Area - Wallaby’s G rille, Ltd., 37 20 Linco ln Way g.Class C Liqu or License for Boh eme, 29 00 West Street 3.M otion to set the follow ing special C ity C ou ncil meeting dates: January 16, 2001, at 5:15 p.m. for CIP Worksession February 2, 20 01 , at 2:00 p.m . for B ud get O verview Febru ary 6 , 7, 8 , an d 1 3, 2 00 1, at 5 :1 5 p .m . fo r B u dget H earings/W rap -U p/A pp rov al of C IP M arch 6, 2001 , at 7:00 p.m. for Pub lic Hearing on Bud get 4 .M o tion directin g City A tto rney to prepare o rdinance d esign atin g p arking proh ib itio ns on C oo lidge Drive and Bel Air Drive 5.RESOLUTION NO. 00-444 adopting Supplement No. 21 to the Ames Municipal Code, 1995 6.RESOLUTION NO. 00-445 approving appointment of voting and alternate voting delegates for NLC C on ference 7 .R ESOLU TION NO. 00-44 6 ap prov ing prelimina ry plan s an d sp ecification s for Ph ase I of the So uth Du ff Trail Project; setting Octo ber 3, 20 00 , as b id d ue d ate an d O ctob er 10 , 200 0, as date o f p ub lic hearing 8.R ESOLU TIO N N O . 00 -44 7 approv ing sale of 26 0 shares of EA I stock 9.RESOLUTION NO. 00-448 approving aw ard of contract for Lotus Notes Project to Midland Systems, Inc./M SI Systems Integrators of Des Moines, Iowa, in the amount of $89,880 10.RESOLUTION NO. 00-449 approving award of contract to Mathews Specialty Vehicles of Archdale, NC, for a Series 4000 Front Engine Bookmobile in the amount of $154,409 11 .R ESOLU TIO N N O . 00 -45 0 approv ing aw ard of con tract for engineering services for N ew Water Booster Pump Station and Elevated Tank 3 12.RESOLUTION NO. 00-451 approving contract and bond for Homewood Golf Course Irrigation Well Project 13.RESOLUTION NO. 00-452 approving contract and bond for 13 th Street and Duff Avenue Intersection Improv em ents Contract 2 - Left Tu rn Lane C on struction and Resurfacing Project 14 .R ESOLU TIO N NO. 00 -45 3 accepting com pletion of the 19 98 /99 C lear Water D iversion Program 15 .R ESOLU TIO N NO. 00 -45 4 accepting com pletion of the 200 0/01 Bridge Rehabilitation Program 16.RESOLUTION NO. 00-455 accepting completion o f the 2000/01 Arterial Street Rehabilitation C on tract 1 1 7.R ESOLU TIO N N O . 0 0-4 56 accep ting co mp letion of the 20 00/01 Resid en tial Lo w P oint D rainage Imp rov em en ts Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. M INUTES OF REGULAR M EETING OF SEP TEM BER 12, 2000, AND OF THE SP ECIAL M EE TING OF SE PT E M BE R 19, 2000: Cou ncil M ember Wirth w anted to clarify direction given to staff during the m eeting of Septem ber 1 2 , 2 0 0 0. Sh e advised that she requ ested to have an up date from the Pub lic Art C om mission on placem ent o f art in the C ynthia D uff P laza an d asked to have the project completed by July 2001. M oved by Wirth, seconded by Camp bell, to approve the minutes of the regular meeting of September 12, 2000, as amended, and of the special meeting of September 19 , 20 00 . Vote on Motion: 6-0. Motion declared carried unanimously. PUBLIC FORUM: Monte Parrish, MicroTel Inn and Suites, 2216 SE 16th Street, Ames, distributed a memo dated September 25, 2000, to the City Council requesting that the City pave the dirt portion of SE 16th Street between Duff Avenue and South Dayton Avenue. Mayor Tedesco pointed out that the Council had referred this request to staff earlier this evening at the conclusion of the discussion of the Preliminary Transportation Plan. Bob Cummings, 716 S. Duff, Ames, was present. He addressed the proposed smoking ban in restaurants. Mr. Cummings is a member of the committee created by the Center for Creative Justice to discuss this issue. If the ban were to be on a federal or state level, Mr. Cummings indicated that he would not be opposed to the ban. As an owner of restaurants in Ames, Mr. Cummings asked that the City Council consider the ban on smoking in all public areas, not just restaurants. He feels that if smoking is considered to be a threat to the public health, it is not just a threat while people are in restaurants. Natalie Battles, 1221 Curtiss, Ames, invited the public to the next meeting of the Ames Tobacco Task Force that will occur on October 2, 2000, at 7:00 p.m. in the Ames City Council Chambers. REQUEST FOR FIREWORKS DISPLAY FOR ORDER OF THE KNOLL EVENT AT HILTON COLISEUM ON OCTOBER 6, 2000 (AND REHEARSAL ON OCTOBER 5): Moved by Cross, seconded by Hoffman, to approve the request for a fireworks display for an 4 Order of the Knoll event at Hilton Coliseum on October 6, 2000, and the rehearsal on October 5, 2000. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST FOR WAIVER OF PARKING PROHIBITIONS AND CLOSURE OF PARTS OF HAYWARD AVENUE AND MORTENSEN ROAD: Moved by Cross, seconded by Goodhue, to adopt RESOLUTION NO. 00-457 approving street closures and parking prohibitions along Hayward Avenue (Storm Street to Mortensen Road) from 8:30 a.m. to 1:00 p.m. on October 14 and November 20, 2000, for the NCAA Cross County National Championship and pre-meet events. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a copy of these minutes. REPORT ON MAXIMUM BUILDING SETBACK REGULATION IN THE HIGHWAY ORIENTED ZONE: Brian O’Connell, Director of Planning and Housing, reminded the Council that on March 28, 2000, they had directed staff to prepare a report regarding the maximum building setback regulations in the Highway-Oriented Zone. They specifically requested that staff contact other cities and find out what their experiences had been in this regard and that they contact a sample of national retailers to ascertain if Ames’ maximum setbacks are or would be a concern for them. Mr. O’Connell summarized the information gleaned from the survey taken of 13 cities comparable to the size and make-up of Ames. The City Council was informed that staff is advising that the maximum setback of 60 feet that currently exists in the Community Commercial Node (CCN) and the Highway-Oriented Commercial (HOC) zone be increased from 60 feet to 90 feet. They feel that the maximum setback provision of 60 feet should remain in effect for areas zoned Neighborhood Commercial. A letter had been received from Fox Engineering, 1531 Airport Road, Ames, and distributed to the City Council stating their opposition to a 60-foot maximum setback in the HOC and CCN zones. Roseland Architects also submitted a letter to the City Council advising their opinion that it is more important for the building entrance to address the street as people arrive than to require a certain amount of setback from the street. Matt Randall, 420 S. 17th Street, Ames, told the Council that a maximum setback is extremely difficult to design around, especially in CCN and HOC zones. He feels that there are other developers affected besides “big box” retailers. Mr. Randall indicated that if the maximum setback were set at 90' instead of 60', it would provide little relief for developers. He feels that the landscaping requirements in the new zoning ordinance are really pretty extreme as compared to other communities. Dennis Pyle, 2215 Timberland, Ames, said that he owns property on SE 16th Street that is proposed to be rezoned to HOC. He feels that the design problems when this property is developed will be tremendous if the maximum setback is set at 60 or 90'. Mr. Pyle pointed out 5 that there is a difference in the Highway-Oriented Commercial zone on S. Duff versus that zone on S. 16th Street. It was the consensus of the City Council that the maximum setback requirement should be retained for the Neighborhood Commercial zone. Moved by Quirmbach, seconded by Cross, to direct staff to begin the process to remove the maximum setback requirement in the Highway-Oriented Commercial and Community Commercial Node zones. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Campbell, seconded by Wirth, to direct staff to come back with visual images of what developments would look like with mature landscaping, as is now required, and some aesthetic improvements. Motion withdrawn by Campbell. It was suggested by Council Members Campbell, Wirth, and Quirmbach, that objectives to be considered would be a landscaped edge around parking lots and regulatory guidance on placement of loading docks, outdoor storage, and outdoor displays. NEIGHBORHOOD IMPROVEMENT PROJECT FOR 2000/01: Moved by Campbell, seconded by Goodhue, to adopt RESOLUTION NO. 00-458 approving the request for $2,500 for a project that includes removal of volunteer trees and dying ornaments from the parking along Moore Park, planting new trees and day lilies to enhance the steep bank, removal of trees and replanting on the Pinehurst Drive cul-de-sac, and repairing the fence between Moore Park and the Green Fifth. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a copy of these minutes. REQUEST OF SOMERSET DEVELOPERS FOR TAX ABATEMENT: A letter from Merlin Pfannkuch, 1424 Kellogg Avenue, Ames, had been received and distributed to the City Council around the dais requesting that this item be tabled. Mr. Pfannkuch indicated in his letter that he did not feel there was adequate information provided in the Council Action Form to allow the Council to make an informed decision. City Manager Steve Schainker gave the background of the development of Somerset Village. He pointed out that the LUPP adopted by the City Council emphasizes that the village concept is the preferred development alternative in all undeveloped areas in the City. Mr. Schainker explained that the developers are willing to make extra efforts to market Somerset Village and outlined the specifics of those efforts. 6 Regarding the developers’ request that the City grant tax exempt status on the park/open space/common areas, Mr. Schainker suggested that the City Assessor be asked how park land/common areas are currently taxed. Council Member Wirth left the meeting at 8:22 p.m. Erb Hunziker, 2619 Lindenwood Circle, Ames, one of the developers of Somerset Village, pointed out that the village concept is the City’s preferred way to develop this land, and it is their request that the City partner with the developers to make this project successful. Mr. Hunziker cited the amount of monies that were invested by the developers to bring in consultants who were familiar with this type of concept since it was new to this area. The extra costs associated with constructing multiple-family units to meet the village criteria were explained by Mr. Hunziker. The developers feel that tax abatement would help offset the costs associated with building the multi-family units. He also explained the additional costs pertaining to commercial development. They feel that tax abatement for commercial development will help get some small retail establishments in Somerset, not just office buildings. Mr. Hunziker stated that the developers have invested over $8 million and have recovered approximately $2 million; on $6 million borrowed at 8% interest, the developers are paying over $400,000/year in interest. Kurt Friedrich, 925 Gaskill Drive, Ames, representing Friedrich Iowa Realty, a member of the development team for Somerset, stated that he agreed with the comments of Erb Hunziker. He explained that the developers made extra effort to beautify Somerset Village; however, sales have occurred at a much slower rate than in other developments. Mr. Friedrich indicated that the developers have agreed to provide incentives amounting to $5,000 to $6,000/lot; this goes directly to buyers. Bonnie Homstad, 2721 Burr Oak Circle, Ames, explained that she is a real estate broker in Ames; however, she is neither for or against the granting of tax exemptions for Somerset Village. The Council was informed by Ms. Homstad that there are 140 single-family homes and 44 townhomes currently for sale in the Ames area. There are new senior housing units now available, and many of the homes on the market were previously owned by senior citizens. She feels that by giving a tax abatement for new construction, it creates competition for the homes currently on the market. She is concerned about a precedent being set if the tax abatement were granted to Somerset Village, especially if another village-concept development were to be created. Ms. Homstad feels that granting tax abatement for one area may interfere with the housing market as a whole. Chuck Winkleblack, 3206 Magnolia Circle, Ames, stated that when Hunziker & Associates analyzed housing sales in Ames, it indicated that people were listing their homes because they were either moving up or moving out of town. He reminded the City Council that Somerset Village was a new concept and was intended to be a cooperative effort between the City and the developers. Mr. Winkleblack pointed out that the developers are going to invest out-of-pocket over a million dollars to finish this Village. 7 Moved by Campbell to adopt a resolution approving an amendment to the existing Rezoning Agreement to allow for a three-year tax abatement schedule on all residential development in the existing platted phases, to limit the applications for abatement for a three-year period, and to add “retail” to the existing commercial abatement. Motion died for lack of a second. Council Member Quirmbach feels that the City Council has an obligation to verify that the conditions in the original Agreement have been satisfied. He would like to see factual evidence showing that housing sales and rental-unit rental rates have been conspicuously lower than in other areas in Ames. Chuck Winkleblack clarified that the apartments have been renting, but the rental rates have had to be reduced to achieve the level of occupancy necessary. Mr. Quirmbach asked the developers to provide information to the City Council concerning the vacancy rate, the developers being able to receive comparable rental income for the quality of housing provided, and how long a house is on the market in Somerset versus in other areas of the City. He also requested data on home sales in Somerset. Mr. Quirmbach said he also wanted to see an estimate of how much tax money is going to be involved here. Steve Schainker indicated that those numbers would be provided to the Council at the time of the public hearing. Moved by Goodhue, seconded by Cross, to adopt a resolution approving an amendment to the existing Rezoning Agreement to grant a three-year 100% tax abatement on all residential lots for a three-year window of time. Moved by Campbell, seconded by Hoffman, to amend the motion to adopt RESOLUTION NO. 00-459 approving an amendment to the existing Rezoning Agreement to allow for a three-year 100% tax abatement for all residential and retail commercial construction for a three-year window of time, as identified on the map attached to the resolution, contingent on the developers: 1.building and making available at least ten single-family detached or attached housing units at all times; 2.offering special financing terms for all single-family home buyers 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.providing approved house plans that meet the village guidelines free of charge to prospective home buyers; 4.granting an additional $1,000 bonus to real estate agents who sell property in Somerset; 5.conducting informational meetings for all real estate agents in town to explain the village concept and to showcase the completed inventory available for sale; 6.working with a marketing firm that specializes in neo-traditional developments to implement a marketing strategy in accordance with the suggestions from this firm; 7.allowing civic groups to use the Somerset clubhouse free of charge; and, 8.continuing to develop the entire project as a village as prescribed for in the current zoning agreement. 8 Vote on Amendment: 5-0. Motion declared carried unanimously. Roll Call Vote on Amended Motion: 4-1. Voting aye: Campbell, Cross, Goodhue, Hoffman. Voting nay: Quirmbach. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. Moved by Campbell, seconded by Cross, to request an opinion from the City Assessor on the assessment of parkland/open space/common areas. Vote on Motion: 5-0. Motion declared carried unanimously. HEARING ON CITY OF AMES/ISU WASTEWATER FLOW METER PROJECT: 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. 00-460 approving final plans and specifications and awarding a contract to Ames Trenching & Excavating, Inc., of Ames, Iowa, in the amount of $48,484. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON REZONING OF 2418 STATE 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 pass on first reading an ordinance rezoning 2418 State Avenue from “Agricultural” to “Residential Low Density”. Roll Call Vote: 5-0. Motion declared carried unanimously. HEARING ON REZONING OF 1598 SE 16TH STREET: Mayor Tedesco declared the hearing open. There being no one wishing to speak, the hearing was closed. Moved by Cross, seconded by Goodhue, to pass on first reading an ordinance rezoning 1598 SE 16th Street from “Story County Agricultural” to “Highway Oriented Commercial”. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE ESTABLISHING AN URBAN REVITALIZATION AREA FOR 116 CLARK AVENUE: Moved by Goodhue, seconded by Cross, to pass on second reading an ordinance establishing an Urban Revitalization Area for 116 Clark Avenue. Roll Call Vote: 5-0. Motion declared carried unanimously. ZONING ORDINANCE TEXT CHANGES: Moved by Campbell, seconded by Cross, to pass on second reading an ordinance amending Articles 2-4 and 7-15 of the zoning regulations. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE INCREASING FINE LIMITS FOR SIMPLE MISDEMEANORS: Moved by Goodhue, seconded by Hoffman, to pass on third reading and adopt ORDINANCE NO. 3588 9 increasing fine limits for simple misdemeanors. Roll Call Vote: 4-1. Voting aye: Campbell, Cross, Goodhue, Hoffman. Voting nay: Quirmbach. Ordinance declared adopted, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REMOVING MISDEMEANOR PENALTY LIMIT FOR PROHIBITED ENTERTAINMENT FOR MINORS, DAMAGING CABLE FRANCHISE EQUIPMENT, AND FOR WRONGFULLY INTERCEPTING CABLE SIGNALS: Moved by Goodhue, seconded by Hoffman, to pass on third reading and adopt ORDINANCE NO. 3589 removing misdemeanor penalty limit for prohibited entertainment for minors, damaging cable franchise equipment, and for wrongfully intercepting cable signals. 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 Campbell, to refer to staff the letter from Ames Main Street District dated September 21, 2000, regarding their Fall Festival activities. Vote on Motion: 5-0. Motion declared carried unanimously. Referring to the request from Merlin Pfannkuch to hold the Council’s goal-setting session in the Council Chambers that had been placed around the dais this evening, Council Member Quirmbach advised that he had asked the Assistant City Manager if the Chambers were available on September 30, and they were not. Mr. Quirmbach asked that, in the future, the City Council embrace a more open attitude in welcoming the public and encouraging the public to attend their goal-setting sessions. Mayor Tedesco stated that the open meetings law had been complied with; an agenda had been posted and was on the City’s web page and the media had been informed of the meeting. Moved by Goodhue, seconded by Cross, to refer to staff the memo and petition from Dan Strodtman regarding the parking situation on Emerald Drive. Vote on Motion: 5-0. Motion declared carried unanimously. ADJOURNMENT: 9:22 p.m. _________________________________________________________________________ Diane Voss, City Clerk Ted Tedesco, Mayor