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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 12/28/1999MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA DECEMBER 28, 1999 The Ames City Council met in regular session at 6:30 p.m. on the 28th day of December, 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, Hoffman, Parks, and Wirth. Council Members Cross and Quirmbach were absent. CALL TO ORDER: 6:30 p.m. OATHS OF OFFICE: Mayor Tedesco administered oaths of office to 2nd Ward Council Member Steve Goodhue and At-Large Council Member Judie Hoffman. PRESENTATION OF A “KEY TO THE CITY” TO COUNCIL MEMBER JOHN PARKS: Mayor Tedesco presented a “Key to the City” to John Parks in recognition of his 20 years of continuous service on the Ames City Council. CONSENT AGENDA: Moved by Hoffman, seconded by Campbell, to approve the following items on the Consent Agenda minus Item #14: 1 .Motio n ap prov in g paymen t of claims 2.M otion approving m inutes of special m eeting of D ecem ber 7 and regular m eeting of D ecem ber 14, 1999 3.M otion approv ing the follow ing b eer perm its/liqu or licenses: a.Class C Liqu or - T ip T op Lounge, 20 1 E . Linco ln W ay b.Class B Liqu or - B est W estern S tarlite V illage, 26 01 E ast 13th S treet 4 .M otio n ap prov ing certificatio n of civil service app licants 5.RE SO LU TIO N N O . 99-461 approving appointm ent of Steve G oodhue to Am es Convention and V isitors Bureau Board of D irectors 6.RE SO LU TIO N N O . 99-462 approving appointm ent of Robert Phillips to fill vacancy on the Zoning Board of A djustm ent 7.RE SO LU TIO N N O . 99-463 approving appointm ent of H am ilton Cravens to fill vacancy on the H istoric Preser vation Com m ission 8.R E S O LU T IO N N O . 99-4 64 app rov ing am endm ents to artw ork agreem ents w ith D avid D ahlquist 9.RE SO LU TIO N N O . 99-465 approving prelim inar y plans and specifications for U nit #8 Turbine G enerator O verhaul; setting January 18, 2000, as bid due date; and January 25, 2000, as date of pu blic hearing and aw ard o f con tract 10 .R E S O LU T IO N N O . 99-4 66 app rov ing p relim inary plans and spe cification s for 1 3th S treet Resurfacing Project (400' w est of Crescent to Grand A venue); setting M arch 21, 20 00, as bid due date; and M arch 2 8, 20 00 , as date of pu blic hearing and aw ard o f contract 11 .R E S O LU T IO N N O . 99-4 68 approv ing com pletion of W est Lincoln W ay Rehabilitation P roject Roll Call Vote: 4-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. AWARD OF CONTRACT FOR POWER PLANT CONTROLS UPGRADE - DCS EQUIPMENT: John Daley, representing the R. S. Stover Company of Marshalltown, Iowa, explained that his company had also bid on this project. He wanted the Council to know that their proposal was approximately $200,000 higher than the apparent low bidder because his company had elected not to take an exception to the installation of specific equipment. He said if they had taken the exception, their bid would have been reduced by approximately $150,000. 2 Mr. Daley explained what was called for in the bid specifications and how an exception was written in the specifications to avoid installation of specific equipment. Gary Titus, Assistant Director of Electric Utility, explained that all proposals were evaluated by the base bid, and all bidders met the requirements of the specifications. He stated that SEGA, engineering consultants hired by the City, recommended the design and specifications. Moved by Campbell, seconded by Parks, to adopt RE S O LU T IO N N O . 99-467 approving aw ard of con tr act for P ow er P lant C on tr ols U pgrad e—D C S E q uip m ent to W estingh ouse P ro cess Controls Com pany of Pittsburgh, PA , in the am ount of $435,175.00 . Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: No one spoke during this time. REQUEST FOR CLASS C BEER PERMIT FOR NEW OWNERS OF CASEY’S GENERAL STORE #2298, 428 LINCOLN WAY: Moved by Hoffman, seconded by Parks, to approve the request for a Class C Beer Permit for Casey’s General Store #2298, 428 Lincoln Way. Vote on Motion: 4-0. Motion declared carried unanimously. SPECIAL CLASS C LIQUOR LICENSE FOR KRAINA COMPANY, 126 WELCH AVENUE: Moved by Wirth, seconded by Campbell, to approve the request for a Special Class C Liquor License for Kraina Company, 126 Welch Avenue. Vote on Motion: 4-0. Motion declared carried unanimously. REQUEST FROM AMERICAN CANCER SOCIETY TO HANG “RELAY FOR LIFE” BANNER ACROSS MAIN STREET: Moved by Wirth, seconded by Hoffman, to approve the request from the American Cancer Society to hang “Relay for Life” banner across Main Street from January 12 thru February 21, 2000. Vote on Motion: 4-0. Motion declared carried unanimously. AGREEMENT WITH ISU CREDIT UNION FOR EXCHANGE OF ARTWORK: Dee Hegstrom, representing the Public Art Commission, thanked the members of the subcommittee who worked to create the art exchange program. Moved by Campbell, seconded by Parks, to adopt RESOLUTION NO. 99-469 approving the Exhibition Agreement with The Lincoln Gallery/ISU Community Credit Union for the exchange of art pieces. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. DEVELOPMENT OF HALLETT’S QUARRY AREA: Brian O’Connell, Director of Planning and Housing, explained the request of Hubbell Realty for annexation and rezoning of 452.2 acres of land generally referred to as Hallett’s Quarry. Hubbell has purchase options that expire at the end of January 2000 with current landowners around the Quarry area. Mr. O’Connell pointed out what the City’s current Land Use Policy Plan specifies for this area: it defines it as a Special Resource. He stated that it is of great importance to the City of Ames to maintain and enhance, if possible, the quality of this water body as a recreational, aesthetic resource and as a secondary water resource. 3 Mr. O’Connell explained that City staff and the developer have devoted a considerable amount of time and resources in an effort to resolve a number of outstanding issues related to the development of this area. The following issues still remain: (1) The land area proposed for development is located outside the area identified by the City’s Land Use Policy Plan as the priority area for future growth; (2) storm water quantity, which includes erosion control, grading, and excavating and water quality/watershed; (3) sanitary sewer infrastructure; (4) water distribution; and, (5) street design and traffic. A consultant has been hired to study the watershed issue, and it was staff’s recommendation that this study be completed before a decision on the proposed annexation/rezoning is made. According to Mr. O’Connell, the study should be completed by March 2000, and the developers have been apprised of this. In addition, the final design layout includes gravity sewers, but the developer has not indicated a willingness to pay for them. Director of Public Works Paul Wiegand said that it is staff’s understanding that a revision to the Traffic Impact Report is forthcoming from the developers which would indicate an acceptable traffic configuration, but which would also necessitate intersection improvements. Mr. O’Connell pointed out that the design of the intersection of Southshore Drive and U. S. Highway 69 would also require approval by the Iowa Department of Transportation (IDOT). According to Mr. O’Connell, there is concern about the stability of the shoreline since the developers are proposing that the water body be dedicated to the City as a public water resource. Staff is awaiting a report from Stanley Consultants, an independent engineering firm responsible for reviewing the techniques proposed for shoreline stabilization. The property control issues for land along Harrison Road, Adams Street, and U. S. 69 were described by Mr. O’Connell. He stated that there is also a need for bank stabilization along a segment of proposed bike path along U. S. 69, and a permit will be needed from the IDOT to install these improvements. Mr. O’Connell explained that the developer is proposing to develop this property as a village, a rather dense development to be comprised of 1,470 dwelling units as well as some commercial land, parks, and open space. He stated that revisions to the proposed Village Residential Master Plan by Hubbell Realty have been occurring frequently with the last revision being received by staff on December 20, 1999. A key feature that is still lacking is that there is no open space proposed as part of the Village Apartment area; therefore, it does not meet the Village Standards. The Council members were reminded that the Planning and Zoning Commission recommended that the City Council deny the request for rezoning. Mr. O’Connell informed the Council that they could not approve the request at this meeting due to legal requirements of notification to land owners; however, staff is requesting that they be given direction as to whether the Council wants them to continue working with Hubbell on the issues still pending. Rick Tollakson, Hubbell Realty, Des Moines, was present. He said that Hubbell had asked the Council to remove this item from the agenda or table it until there was a full Council present, however, their request was not honored. Mr. Tollakson stated that Hubbell has spent in excess of $300,000 and a great deal of effort in designing and redesigning this project in an attempt to meet the City’s requirements. He pointed out that many of the improvements the City is requesting will be costly and those costs, in turn, will be passed on to the purchasers of the property once it is developed. Mr. Tollakson felt that all residents of Ames and the surrounding communities would benefit if the Grand Harbour development were allowed because the public would be able to use the water, parks, open space, and other improvements for recreation, but 4 they would be paid for by the private property owners. According to Tollakson, there are a few minor issues that they feel can be resolved; however, one major issue, water quality, cannot be easily resolved. He said that they used the design criteria provided to them by a consultant, and they feel they have resolved the water quality issue as best as they could. Tollakson stated that Hubbell would be willing to accept the granting of their annexation and rezoning requests contingent upon the water quality issue being resolved to the satisfaction of both the City and the developer. He advised that if the City Council members were not willing to approve their requests at this meeting, Hubbell preferred that the item be tabled until the water quality report is received. Council Member Campbell pointed out that at the Planning and Zoning Commission meeting, Hubbell advised that they wanted either approval or denial; specifically stating that they did not want the item tabled. Mr. Tollakson explained that it was his understanding that in order for Hubbell to bring their requests before the City Council, the matter had to either be approved or denied by the Planning and Zoning Commission. Bob Swanson, 4230 Stone Brooke Road, Ames, speaking for approximately 50 property owners in the Stone Brooke Subdivision, expressed concern over the traffic which would be generated from the development of Grand Harbour. They feel the increase in traffic will create unsafe conditions in their neighborhood for vehicles as well as pedestrians. If the development were to be allowed, these residents do not want any street from Grand Harbour extending into Stone Brooke Subdivision. Bob Berger, 4121 Dawes Drive, Ames, feels that his property values would be enhanced by the proposed development, but he feels that the developers are not developing the land for any reason other than economic gain. He feels that it would be a serious mistake for the City to allow the annexation of Hallett’s Quarry due to the costs of improvements and the removal of the natural water area. Erv Klaas, 1405 Grand Avenue, Ames, also requested that the Council deny the requests of Hubbell Realty because he feels the Quarry is not well suited for residential development. He pointed out major problems which he and others feel exist, i.e., water quality, traffic congestion, and the fact that the proposal does not follow the Land Use Policy Plan. Mr. Klaas presented a petition signed by approximately 75 people asking the City to seriously explore the possibility of dedicating this area as parkland. He described some funding alternatives which the City could choose to apply for to pay for the park development. Charles Meyer, 4227 Stone Brooke Road, Ames, suggested that the Council, before making a decision, take a careful look at the comparative costs between the development of Hallett’s Quarry as a high-density residential area and its development as a park. He also asked the Council to consider alternatives to reduce the costs to taxpayers in the creation of a city park at that location. Kevin Kane, 1354 Barkley Court, Ames, asked that the Council deny the requests of Hubbell. He brought up the issue of noncompliance with the Land Use Policy Plan and the ramifications to water quality and quantity if the area were developed as a high-density residential subdivision. Mr. Kane also voiced his support of the City creating a park at Hallett’s Quarry. Reggie Greenlaw, 1216 Roosevelt, Ames, voiced his opposition to the creation of a high-density 5 residential development at Hallett’s Quarry and asked the Council to deny the requests of Hubbell Realty. John Downing, 2300 Red Oak Drive, Ames, an aquatics scientist employed by ISU, stated that he had assisted the City staff and Hubbell Realty with water quality and quantity issues. He briefed the Council on the complexity and dangers of phosphorous transport and presented data on the Hallett’s Quarry water content. He advised that not paying attention to water quality can cost communities an enormous amount of money. Mr. Downing recommended that the City deny the requests of Hubbell Realty or any proposal that could lead to an increase in the phosphorous content of the water. Ria Keinert, 3850 Hyde Avenue, Ames, related her concerns that if this development were allowed, it would create excessive traffic on Hyde Avenue and through Bloomington Heights Subdivision, where many families with small children live. Merle Prater, 2110 Burnett Avenue, Ames, expressed the concerns he and his wife have with the way Ames housing is being directed toward more “upscale” at the expense of affordable housing for middle- to lower-income Ames employees. He feels that the proposed development would provide more of the same “upscale” housing and would not be in the best interest of Ames. He pointed out that, if this development were allowed, Ames would not only provide very expensive infrastructure and services, but lose students to the Gilbert schools and the corresponding $4,500 state aid for each student. Bonnie Homstad, 2721 Burr Oak Circle, Ames, stated that she has a personal interest in these properties as she is a realtor; however, she is opposed to a residential development in the Hallett’s Quarry area due to environmental and traffic safety concerns. Bob Wessel, 727 Seventh Street, Ames, told the Council that they had been remiss in not taking action on the Hallett’s Quarry area before now. He said the City Council should feel obligated to listen to the voice of the citizens and not allow this proposed high-density residential development. Kay Wall, 104 Kellogg, Ames, urged the Council to deny the requests from Hubbell Realty, but if they do approve them, she hopes that the development will include bikeways and walking paths. Peggy Murdock, 823 Carroll Avenue, Ames, showed the Council algae that she had found in storm sewers at two locations on Eisenhower Avenue. If the development occurs, she anticipates that the water quality will worsen from its present state, and she urged the Council to care about the environment and deny the requests of Hubbell Realty. Marlene Ehresman, 3123 Story Street, Ames, spoke in opposition to the proposed Grand Harbour development, citing information pertaining to watershed and wetland development. She volunteered to assist the City in any way she could to help make the area into a park. Steve Lekwa, Director of the Story County Conservation Board, expressed the Board’s deep interest in this critical-resource area. He said he was relieved that public discussion had been initiated concerning the Hallett’s Quarry area, and he hopes the dialog will continue. The preference of the Board is to make this area into a park, and Mr. Lekwa promised the assistance 6 of the Story County Conservation Commission to bring that idea to fruition. Jerry Pierce, 3811 Fletcher Boulevard, Ames, also voiced his opposition to the proposed Grand Harbour development and urged the Council to deny Hubbell’s requests. Mayor Tedesco stated that he believes it is important for the Ames community to grow and remain progressive; however, he firmly believes that growth should be an asset, not a liability. He reiterated the importance of retaining the Quarry as a source of water and protecting the watershed and aquifer. Mayor Tedesco recommended that the City Council deny the requests of Hubbell and direct staff to make investigative efforts to acquire the Hallett’s Quarry area for the creation of a park. Council Member Parks voiced his opinion that people are rightfully concerned about the quality of water in the Hallett’s Quarry area. He thinks that there are issues that need to be examined, but also believes that there were comments made tonight that were less than accurate. He pointed out that the need for additional fire stations will exist regardless of which direction the City grows and the density of developments has been mandated by a decision of this Council. Mr. Parks said that he is bothered by the fact that the City is making assumptions without the benefit of the results of the Annexation Study, Traffic Study, Erosion Study, or Water Quality Study; he doesn’t feel that the Council has all the facts to make a decision on this project. Moved by Parks to table this item until the Water Study is received. Motion failed for lack of a second. Moved by Campbell, seconded by Hoffman, to deny the request for annexation of the property generally referred to as Hallett’s Quarry (Grand Harbour development), which automatically denies the request for rezoning since the City cannot zone property outside its corporate limits. Vote on Motion: 4-0. Motion declared carried unanimously. Council Member Campbell said that she is concerned about the City staff and the developer putting any more time, effort, or expense into this project when there are so many outstanding issues to be resolved. Council Member Wirth referenced the large number of unresolved issues that make her unwilling to continue looking at this proposal. Council Member Hoffman concurred with Ms. Wirth, stating that this is a critical-resource area that must be protected. Ms. Hoffman doesn’t feel that it is in the best interest of the citizens of Ames to pursue a residential development in the Hallett’s Quarry area. Moved by Hoffman, seconded by Wirth, to direct staff to look at the feasibility of developing a park in this area and to look at finding funding sources. Vote on Motion: 4-0. Motion declared carried unanimously. Meeting recessed at 9:07 p.m. and reconvened at 9:15 p.m. HANDICAPPED EMPLOYEE PARKING IN DOWNTOWN AND CAMPUSTOWN BUSINESS DISTRICTS: Moved by Wirth, seconded by Parks, to approve the concept of allowing handicapped employees of Main Street and Campustown Business Districts to purchase a 7 booklet of “permits” to use at a metered parking space and to refer this matter to the City Attorney to draft an ordinance reflecting the concepts of this new program. Vote on Motion: 4-0. Motion declared carried unanimously. PROCESS FOR UNDER-AGE SMOKING ENFORCEMENT/COMPLIANCE: Council Member Campbell reminded the Council that they had asked Senator Hammond and Representative Greimann to work on the issue of the State Department of Health handling revocations instead of the City Council serving as the hearing board. Moved by Campbell, seconded by Parks, to table this item until the first regular meeting in March 2000. Vote on Motion: 4-0. Motion declared carried unanimously. ORDINANCE REMOVING 50' PARKING PROHIBITION ON THE WEST SIDE OF BURNETT AVENUE: Moved by Wirth, seconded by Parks, to pass on first reading an ordinance removing the 50' parking prohibition on the west side of Burnett Avenue between 18th Street and 20th Street. Roll Call Vote: 4-0. Motion declared carried unanimously. ORDINANCE AMENDING SUBDIVISION REGULATIONS: Moved by Hoffman, seconded by Wirth, to pass on second reading an ordinance amending the subdivision regulations. Roll Call Vote: 4-0. Motion declared carried unanimously. COMMENTS: Moved by Campbell, seconded by Wirth, to request the Mayor to edit the draft “Letter to the Editor” from the National League of Cities pertaining to sales tax on goods purchased over the Internet. Vote on Motion: 4-0. Motion declared carried unanimously. Moved by Hoffman, seconded by Parks, to refer to staff the letter dated December 15, 1999, from owners of property bordering Adams Street. Vote on Motion: 4-0. Motion declared carried unanimously. ADJOURNMENT: The meeting adjourned at 9:27 p.m. _________________________________________________________________________ Diane Voss, City Clerk Ted Tedesco, Mayor