HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 08/24/1999MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA AUGUST 24, 1999
The Ames City Council met in regular session at 7:00 p.m. on the 24th day of August, 1999, 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, Parks,
Quirmbach, and Wirth.
CALL TO ORDER: 7:00 p.m.
PROCLAMATION: Mayor Tedesco proclaimed September 12-18, 1999, as National Assisted
Living Week. Accepting the proclamation was David Brinkmeyer.
CONSENT AGENDA: Moved by Hoffman, seconded by Cross, to approve the following items on
the Consent Agenda:
1 .Motio n ap prov in g paymen t of claims
2.M otion approving m inutes of regular m eeting of A ugust 10, 1999, and special m eeting of
A ugust 17, 1999
3.M otion to appro ve ren ew al of the follow ing liqu or licenses and beer/w ine p erm its:
a.Class B Beer - Cyclone Truck Stop, 1811 S. D ayton A venue
b.Class BW Liqu or - D aV inci’s, 25 14 Cham berlain S treet
c.Class C Liqu or - D eano’s, 119 M ain S treet
d.Class C B eer and C lass B W ine - D rugtow n #2, 50 0 M ain S treet
e.Class B Beer - Flam e & Skew er, 2801 G rand A venue
f.Class C Liquor - O koboji G rill of A m es, 2719 G rand A venue
g.Class B Beer - Panchero’s, Inc., 109 W elch Avenue
4 .R E S O LU T IO N N O . 9 9-30 7 designating A ssistan t to the C ity M anager S h eila Lun dt as C ity
representative to sign and file docum ents w ith Iow a Em ergency M anagem ent D ivision
5.R E S O LU T IO N N O . 99 -30 8 am end ing C entral Iow a Region al T ransp ortation P lann ing A lliance
28-E A greem ent
6.R E S O LU T IO N N O . 99 -30 9 appro ving assessm ent agreem ent w ith Sam ’s C lub for traffic signal
on A irpo rt Road
7.R E S O LU T IO N N O . 99-3 10 aw arding contract for Rock S alt for 1999 /20 00 Ice C on trol Program
to Independent Salt Co., of Kanopolis, Kansas, in the am ount of $27.98/ton
8.R E S O LU T IO N N O . 99-311 approving p relim inary plat for Sou th D uff Co m m unity Park
S ub division located east of S ou th D uff A venue an d south o f B illy S un day Road
9.R E S O LU T IO N N O . 99-3 12 approv ing con tract and bo nd for A dam s S treet P aving P rogram
10 .R E S O LU T IO N N O . 99-3 13 approv ing con tract and bo nd for C on crete P aving R epair Program
11.R E S O LU T IO N N O . 99-314 approving contract and bon d for 1999/2000 N eighborhood C urb
R eplacem ent Program
12 .R E S O LU T IO N N O . 99-3 15 ap p ro v ing con tract and bond for 1 99 9/20 00 W ater S ystem
Im pro vem ents P roject
13.RE SO LU TIO N N O . 99-316 approving completion of 1998/99 Storm S ew er Intake Rehabilitation
P rogram
2
14.RE SO LU TIO N N O . 99-317 approving final plat for D oolittle Subdivision
Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
PUBLIC FORUM: No one spoke during this time.
ENCROACHMENT PERMIT FOR FLOODWALL FOOTING AT 505 S. DUFF AVENUE:
Due to the property owner of 505 S. Duff Avenue being out of town, this item was pulled from
the agenda.
REQUEST FROM COE’S CAMPUS FLOWERS TO COVER PARKING METERS IN
FRONT OF STORE FOR “GOOD NEIGHBOR DAY”: Moved by Parks, seconded by
Quirmbach, to approve the request from Coe’s Campus Flowers to cover five parking meters on
Welch Avenue between Hunt Street and Knapp Street on September 1, 1999, from 7 AM until
6 PM for a “Good Neighbor Day” event.
Vote on Motion: 6-0. Motion declared carried unanimously.
REQUEST FROM IOWA STATE UNIVERSITY COLLEGE OF ENGINEERING FOR
FIREWORKS PERMIT FOR DISPLAY ON SEPTEMBER 2, 1999: Moved by Parks, seconded
by Hoffman, to approve the request from Iowa State University College of Engineering for
fireworks display on September 2, 1999.
Vote on Motion: 6-0. Motion declared carried unanimously.
REQUEST FROM MAIN STREET DISTRICT TO NOT REINSTALL PARKING METERS
ON MAIN STREET: David Durlam, President of the Ames Main Street District, stated that
approximately 35 people, representing business owners and customers, had attended the Parking
Meter Forum held on August 18 at the Ames Public Library. The proposal presented by Mr.
Durlam was to remove parking meters along Main Street and either remove or bag existing
meters on Fifth Street and side streets from Duff to the bridge. They are also requesting that the
City enforce a two-hour time limit by chalking tires along those streets. It was further proposed
that the Central Business District lot retain the three-hour time limit and reserved parking spaces;
however, change the enforcement to be between 10 AM and 4 PM, Monday thru Friday only. In
order to generate revenue to enforce the time limits, the Ames Main Street District proposed that
the City sell “mobile parking passes” for $25/month which would allow the holders to park south
of the median in the CBD lot and other designated areas for up to 12 hours. Mr. Durlam said that
the Ames Main Street District is requesting that this method be tried for one year. During that
time period, the merchants would conduct periodic surveys to evaluate the method.
Council Member Campbell asked how the amount of $25/mobile parking pass was decided upon.
Mr. Durlam stated that it was based on what they thought traffic would bear. He pointed out that
there are 24-hour-a-day spaces currently being leased for $35/month, so they thought $25/12
hours was a reasonable fee. Ms. Campbell also asked if they had another plan if, after staff
evaluation of their proposal, it is determined that there is too significant of a revenue shortfall.
3
Mr. Durlam stated that they do not have an alternate plan. Council Member Cross inquired
whether business owners would be willing to financially underwrite the shortfall. Mr. Durlam
replied that that option had been discussed with the businessowners, and it appeared that most
would be willing to do so.
Council Members Wirth and Parks stated that they liked the fact that they are looking at the
District as a whole, not just Main Street. Council Member Wirth said that she would like to see
some type of pledge sheet to preliminarily indicate how many parking spaces would be leased
at $25/month.
Jim Moore, 305 Main, Ames, explained the “mobile parking permit” concept. He said that there
would be a designated area where people who purchase a “mobile parking permit” may park.
People without permits would be able to also park in that area; however, the difference would
be that those without permits would only be able to park for up to two hours.
Moved by Parks, seconded by Hoffman, to refer the report from the Ames Main Street District
to staff for review with a response back to Council at their meeting of September 14, 1999.
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON TRANSITIONAL URBAN REVITALIZATION AREAS: Brian O’Connell,
Planning Director, gave an overview of the Transitional Urban Revitalization Areas A thru N.
He advised that these Areas would remain in effect until August 31, 2000, to enable the
developer to complete the improvements required to receive the abatement; however, the
abatement would continue for the time period specified in the developer’s proposal. Council was
apprised that this action would also repeal the current Urban Revitalization Areas 1, 2, 4, and 5.
Mayor Tedesco declared the hearing open. There being no one wishing to testify, the hearing
was closed.
Moved by Cross, seconded by Parks, to adopt RESOLUTION NO. 99-318 approving plans for
Transitional Urban Revitalization Areas A thru N.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Wirth, seconded by Parks, to adopt an ordinance designating Transitional Urban
Revitalization Areas A thru N.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Campbell, seconded by Quirmbach, to suspend the rules necessary for the adoption
of an ordinance.
Roll Call Vote: 6-0. Motion declared carried unanimously.
4
Moved by Campbell, seconded by Parks, to pass on second and third readings and adopt
ORDINANCE NO. 3534 designating Transitional Urban Revitalization Areas A thru N.
Roll Call Vote: 6-0. Ordinance declared adopted, signed by the Mayor, and hereby made a
portion of these minutes.
FERGUSON SUBDIVISION: Brian O’Connell gave a summary of the Petition for Voluntary
Annexation of approximately 31.66 acres generally located west of State Avenue along and
including Dartmoor Road, Dartmoor Drive, and Dartmoor Lane. Mr. O’Connell advised that this
request was filed with the City in October 1997, and since that time, the property owners and
City staff have worked very hard to come up with an acceptable agreement with respect to the
obligations for annexation. Council was apprised by Mr. O’Connell that it was important for
them to analyze the costs and benefits resulting from the subject land being annexed. He said
that it was staff’s opinion that the costs associated with capital expenditures and ongoing
operating costs outweighed the revenues when focusing solely on the annexation in question.
It was pointed out by Mr. O’Connell that this property is located in the Southwest Growth
Priority Area, an area targeted for growth of the City; therefore, it is possible that the Council
could determine that this annexation is justified on the basis that the infrastructure would make
development in the targeted growth area feasible.
Mr. O’Connell advised that the petitioners are requesting annexation because their septic systems
and/or individual wells were failing or in need of immediate attention; they need to connect to
municipal water and wastewater infrastructure. He explained that the cost for the installation of
the water and sewer mains is estimated to be $235,530 (based on engineering estimates only).
Of this amount, he said that the petitioners would be responsible for $158,290; the City’s
financial obligation would be approximately $77,240. City Manager Steve Schainker pointed
out that it costs approximately $6,500/year for maintenance and operational expenses of a paved
road, so the ongoing costs for the roads in question, because they are graveled, would be higher.
Mr. O’Connell stated that the initial capital improvement costs associated with the annexation
of this property would be related to the extension of water/sanitary sewer infrastructure. Staff
recommended utilization of the City’s special assessment authority as a means to accomplish the
installation of this infrastructure. As a result of the special assessment approach, staff created
an Annexation Agreement that needs to be signed by the property owners involved in this
annexation. One of the property owners has since decided not to participate, and since all
property owners have not agreed to sign the Agreement, City staff recommended that this
Petition for Annexation be denied.
Council Member Parks believed that the mandated density set by Council for property in what
would be a Suburban Residential Zone can’t be met in the proposed annexation. He doesn’t
know how Council can annex this property without seeing a plan for the construction of the
number of units necessary to meet the density mandate. Mr. Parks felt that this was more
important than the financial aspect of this proposal.
5
Council Member Quirmbach pointed out that the environmentally sensitive land and public
rights of way need to be subtracted from the gross acres before calculating the density required.
He pointed out that the zoning designation for this property is yet to be determined. Mr.
O’Connell advised that there are two possible designations: Agricultural or Suburban
Residential. According to Mr. O’Connell, the density mandate is not an issue in this proposal
because they are seeking annexation of already developed land; they are not seeking approval
to develop. Mr. Parks pointed out that one of the properties in this proposal consists of only .88
acres; that does not conform to the requirement of one-acre lots in an Agricultural zone. It was
reiterated by Mr. Parks that this proposal is in extreme conflict with the Land Use Policy Plan
due to the mandated density set by Council via the Zoning Ordinance. Council Member
Quirmbach said that it is difficult to make changes in land that is already developed; however,
the land that is not yet developed would have to follow the current density requirements.
Council Member Campbell asked if it were possible for the City to write a contract addressing
only the public improvements which would be necessary. City Attorney John Klaus stated that
he would work with staff to make the Agreement more specific; however, normally the City does
not want to preclude certain improvements.
Ms. Campbell felt that it is very important to remember that annexing this particular parcel
would be in keeping with the City’s goal of making infrastructure available to the Southwest
Growth Priority Area. Council Member Parks pointed out that it would not be economically
feasible for the City to grow in a direction where the costs of capital expenditures and ongoing
operating costs far outweigh the revenues and/or benefits.
Detroy Green, 3312 Dartmoor Lane, Ames, pointed out that all but two of the ten property
owners have signed the Agreement. He said that those two property owners object to signing
the waiver of their rights to contest the amount of the assessment as being greater than the benefit
to the property. Mr. Green said that none of the property owners really were in agreement with
the waiver, but felt that the benefits outweighed the consequences. If this annexation is not
approved, Mr. Green said that he hopes the City of Ames would release this land to be serviced
by Xenia Water or another rural water provider.
Mr. Green advised that he knows of one property owner who is planning on selling lots.
Discussion ensued on what the property would be zoned and how large the lot size would be.
Mike Pruismann, owner of 3300 Dartmoor, explained that his property is already platted for three
lots. Brian O’Connell stated that the ordinance has a provision to recognize existing platted lots.
Council Member Parks asked for the language in the Zoning Ordinance pertaining to the
Suburban Residential Zone that stated lots of record do not need to meet the density mandate.
Steve Champlin, 50 Myrtlewood Road, Wayzata, Minnesota, who is also an owner of the
property in question, stated that he feels that the sentence in the Agreement pertaining to the
property owners not having the right to contest the amount of the assessment should be stricken.
Council Member Wirth asked if Mr. Champlin would be willing to look at an agreement that was
6
more specific as to the improvements. Mr. Champlin stated that he would be willing to discuss
such an agreement.
Darrell Coy, 3328 Dartmoor Lane, Ames, also is opposed to signing the Agreement due to the
requirement of the waiver of their right to contest assessments. He said that he would sign the
Agreement if that sentence were deleted.
Jan Dale, 3321 Dartmoor Lane, Ames, stated that he believes the property owners and the City
are very close to reaching an agreement. He does hope, however, that the issue of annexation
is resolved in the near future because property owners are at the point where they need to do
something about failing wells and septic systems.
Moved by Cross, seconded by Parks, to table this request for annexation subject to the following:
(1) receiving the results of the annexation study, (2) working out the legal details in the
Agreement, (3) the benefits to the City to be derived from this annexation being more clearly
defined, and (4) the initial costs to be borne by the City be identified.
Vote on Motion: 6-0. Motion declared carried unanimously.
P-I PLAN FOR EX-SEED GENETICS AT 2936 SOUTH LOOP DRIVE: Council was provided
a letter from Ex-Seed Genetics that had been placed around the dais requesting that this item be
tabled due to one of their member-owners being involved in a major management reshuffle.
Moved by Wirth, seconded by Parks, to table this item.
Vote on Motion: 6-0. Motion declared carried unanimously.
AMENDED P-C PLAN TO ALLOW AN ADDITION TO THE GATEWAY CENTER -
HOLIDAY INN AT 2100 GREEN HILLS DRIVE: Moved by Cross, seconded by Wirth, to adopt
RESOLUTION NO. 99-319 approving amended P-C Plan to allow an addition to the Gateway
Center - Holiday Inn at 2100 Green Hills Drive.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
GRAND JUNCTION SUBDIVISION: Moved by Parks, seconded by Cross, to adopt
RESOLUTION NO. 99-320 approving the final plat for Grand Junction Subdivision.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Parks, seconded by Cross, to adopt RESOLUTION NO. 99-321 accepting easements
from Grand Junction L.C. for utility (electric) and street improvements.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
DESIGN GUIDELINES FOR MAIN STREET BUSINESSES: Council Member Campbell stated
that she feels the initiative to create design guidelines for the downtown area should be generated
7
by the Main Street District merchants instead of the City. She is reluctant to have City staff
dedicate time and effort into the creation of the guidelines at this time. Council Member Wirth
said that she felt it was time for the City to provide some leadership and implement the Land Use
Policy Plan through design guidelines. It is the opinion of Council Member Quirmbach that the
downtown businesses have significant incentive to create design guidelines for aesthetic
improvements, but these guidelines should be generated by the business owners in coordination
with City staff. Council Member Wirth has had four business owners who have approached her
about making improvements to their buildings in an appropriate historic manner; however, they
do not know how to do that and need direction from the City.
Mayor Tedesco said he felt that the downtown area should be allowed to get back on its feet after
the completion of the reconstruction project and the resolution of the parking meter issue before
design guidelines are thrust at them. He concurred that the Council is willing to listen to ideas
from the downtown business owners, but the initiative needs to come from them.
Council Member Wirth advised that she felt, at the very least, Council should re-establish the
tax abatement for the downtown area expeditiously. Mr. Schainker pointed out that standards
could be imposed as a result of qualifying for a tax abatement.
Moved by Cross, seconded by Parks, to adopt RESOLUTION NO. 99-322 expressing interest
on behalf of the City Council in the creation of design standards and tax abatement incentives
for the downtown area and directing interested merchants to contact the City Council to express
their interest in the creation of design standards by Spring 2000.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
It was pointed out that City staff would provide any available information pertaining to design
standards requested by downtown business owners.
ORDINANCE CHANGING REFERENCE FROM GRANT ROAD TO HYDE AVENUE
PERTAINING TO SPEED REGULATIONS ON BLOOMINGTON ROAD: Moved by Cross,
seconded by Parks, to pass on first reading an ordinance changing the reference from Grant Road
to Hyde Avenue pertaining to speed regulations on Bloomington Road.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Parks, seconded by Cross, to suspend the rules necessary for the adoption of an
ordinance.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Parks, seconded by Cross, to pass on second and third readings and adopt
ORDINANCE NO. 3535 changing the reference from Grant Road to Hyde Avenue pertaining
to speed regulations on Bloomington Road.
8
Roll Call Vote: 6-0. Ordinance declared adopted, signed by the Mayor, and hereby made a
portion of these minutes.
ORDINANCE REZONING PROPERTY GENERALLY LOCATED NORTH OF 13TH
STREET AND APPROXIMATELY 1/4 MILE WEST OF DAYTON AVENUE: Moved by
Parks, seconded by Hoffman, to pass on third reading and adopt ORDINANCE NO. 3533
rezoning property generally located north of 13th Street and approximately 1/4 mile west of
Dayton Avenue.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
COMMENTS: Mayor Tedesco advised citizens who believe they sustained damage from the
most-recent severe storm that is reimbursable under the Federal Emergency Management Agency
(FEMA) to call 1-800-462-9029 and apply for assistance.
Mayor Tedesco announced that a Special Meeting of the City Council is needed to discuss the
final plat for Somerset, 5th Addition. It was decided that this meeting will be held on August
31, 1999, at 8:30 a.m. in the Council Chambers.
Moved by Campbell, seconded by Wirth, to refer to staff the request from the Ames High Varsity
Football Parents regarding the placement of “spirit signs” and direct that this item be placed on
the agenda for the special meeting to be held on August 31.
Vote on Motion: 6-0. Motion declared carried unanimously.
Council Member Hoffman asked staff to look at the stop light at Sheldon and West; the stop is
much longer on Sheldon than it is on West.
Council Member Hoffman asked if there was a program offered by the City to provide assistance
to citizens who have health problems when their electricity is out. Mayor Tedesco stated that
he knows of no such program.
Moved by Hoffman, seconded by Quirmbach, to refer to staff the letter from Ria Keinert dated
August 21, 1999, pertaining to the lack of a bike path on Stange Road through Somerset.
Vote on Motion: 6-0. Motion declared carried unanimously.
Council Member Quirmbach asked what the prospects are for the new pavers on Main Street
surviving snow removal. Ms. Hoffman pointed out that she had brought up this issue before the
project was approved. Public Works Director Paul Wiegand stated that they are concerned about
the way property owners will remove the snow from their sidewalks as the pavers may not
withstand the standard plowing methods. He said that the City has informed the property owners
that they may not use certain equipment. The City has addressed the issue by purchasing rubber-
bladed plows.
9
Moved by Wirth, seconded by Parks, to refer to staff the letter from Chris Perrin dated July 25,
1999.
Vote on Motion: 6-0. Motion declared carried unanimously.
Council Member Wirth stated that there is a parents’ meeting at Ames High School scheduled
for September 14 which is also a regular Council meeting date. She requested to change the
Council meeting date or time. It was noted that there are public hearings already scheduled to
occur on September 14, so changing the date is not a possibility.
Moved by Wirth, seconded by Parks, to change the meeting time of the Council meeting
scheduled for September 14, 1999, to 5:15 p.m. with the hearings to commence at 7:00 p.m. or
later.
Vote on Motion: 6-0. Motion declared carried unanimously.
ADJOURNMENT: The meeting adjourned at 9:44 p.m.
_________________________________________________________________________
Diane Voss, City Clerk Ted Tedesco, Mayor