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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 12/08/1998MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA DECEMBER 8, 1998 The Ames City Council met in regular session at 6:30 p.m. on the 8th day of December, 1998, 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, Quirmbach, and Wirth. Council member Parks arrived at 6:38 p.m. JOINT MEETING WITH CABLE TELEVISION COMMISSION: Members of the Commission present were Jim Gunning, Chairman; Monica Booe, and Wayne Pedersen. Mr. Gunning gave a presentation which outlined the duties of the Commission and the contents of the Commission’s Annual Report. Mr. Gunning discussed the results of the Resident Satisfaction Survey as they pertained to Channel 12. Council member Parks felt that a question asking whether residents were satisfied with the programming on Channel 10 should be included on the Resident Satisfaction Survey. Assistant to the City Manager Sheila Lundt advised that the City has no control over the content of Channel 10; therefore, no questions concerning it had been included in the Survey. Council member Hoffman felt that a statement indicating that the City has no control over the programming for Channel 10 should precede the question about program satisfaction. PROCLAMATIONS: Mayor Tedesco presented Proclamations to Abraham Epstein, in absentia, and the Reverend Sarai Beck for their efforts in promoting human relations awareness. CONSENT AGENDA: Moved by Hoffman, seconded by Parks, 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 M inute s of re gula r me e ting of November 24 , 19 98 3 .M o tio n ap p rov ing certification o f C ivil Se rvice ap p lican ts 4.R ES O LU TIO N N O . 98 -56 3 ap prov ing con tract and bo nd for paving of N orth/So uth A lley bounded b y 10 th S treet, 11th Stre e t, W ils on Ave nue, and Grand Avenue 5.R ES O LU TIO N N O . 98 -56 4 ap prov ing com pletion of 19 98 -99 Jo i nt Seali ng Progr am 6.RESOLUTION NO. 98 -565 a pproving fina l plat for Hills ide Su bdivision, 4th Addition 7.R ES O LU TIO N N O . 98 -56 6 ap prov ing p aym ent to Iow a D O T for C ity share of con struction cost of bike paths on 24 t h S t reet and G rand A ven ue Intersection Im prov em ent Project 8 .RE SO LUTION NO . 98-567 approving revisions to Ferrous M etals Contract to reflect changes in m etals m arket 9 .RE SOLUTION NO. 98-568 approving re vision to charges for appliance disposal at the Resource Recovery Plant 10 .R ES O LU TIO N N O . 98 -56 9 ap prov i ng sub ordination of second m o rtgage lien for 54 37 Frost Drive in connection wi th the City’s P hase III Affordable Housing Progra m in the Be ntwood Sub division Roll Ca ll Vote : 6-0. Res oluti on s d eclare d adopted u na nimously, signed b y the M ayor, and hereby m ade a po rtion of these m inu tes. 2 PUBLIC FORUM: Dorothy Tschopp, 1605 Crestwood Circle, Ames, spoke on the Commission on the Arts’ recent decision to deny funding for the ACTORS organization for the year 1999- 2000. ACTORS had requested $5,600 to supplement the cost of that year’s theater season, but their final report had not been turned in by the deadline established by COTA. The report was submitted on August 11. Ms. Tschopp explained that the fiscal year-end for the ACTORS organization is June 30, which is ten days prior to the COTA deadline. ACTORS’ last production of its fiscal year was June 28; however, final accountings are usually not reconciled until at least a month after the final show date. Members of the ACTORS organization were asking that the rules pertaining to the requests for funding not be as stringent; they believe that a late penalty would be more fitting than totally denying them funding. APPLICATION FOR BANNER PLACEMENT: Moved by Cross, seconded by Wirth, to approve the application for banner placement from the American Cancer Society for January 11 - February 22, 1999. Vote on Motion: 6-0. Motion declared carried unanimously. APPLICATION FOR FIREWORKS PERMIT: Moved by Parks, seconded by Hoffman, to approve the application for a fireworks permit for the Boys & Girls Club/Students Against Drunk Driving New Year’s Eve party for display on December 31, 1998. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON TUCKPOINTING AND RELATED REPAIRS FOR CITY HALL BUILDING: Mayor Tedesco declared the hearing open. There being no one wishing to testify, the hearing was closed. Moved by Hoffman, seconded by Parks, to adopt RESOLUTION NO. 98-570 approving the final plans and specifications for tuckpointing and related repairs to the City Hall building and awarding a contract to Midland Restoration Co., Inc., in the amount of $23,340 plus $20 each to remove, clean and relay bricks, and $18 each to remove and replace defective or missing bricks as found necessary during the performance of the work. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. NON-MANDATED BOARDS AND COMMISSIONS: A letter was received by the Council from David Digby, 611 Clark Avenue, Ames, who is a member of the Ames/ISU Bicycle Committee, requesting that the Council allow that Committee to retain its current structure. Council member Quirmbach felt that having a Cable Television Commission amplified the voices of the consumers, and he preferred that the Commission continue in its present form. Council member Campbell perceived that changing the Commission’s format to a task force would allow for more flexibility; they may not need to meet monthly and would be able to bring in individuals with expertise on specific issues, if needed. It was also Council member Wirth’s 3 opinion that the Cable Television Commission would function very well as a task force. Council member Hoffman pointed out that the Commission currently has a very limited amount of control; this would prevent them from making changes requested by citizens. Council member Campbell said that it would not be correct to state that this Commission would serve as an advocate for consumers. Council members concurred that public input is very important and that a change in structure would allow for more flexibility and specificity. Public hearings are required to change the ordinances to reflect the new structure of a board or commission. Council member Parks suggested that the public hearings for no more than two boards or commissions be held per meeting. Moved by Campbell, seconded by Wirth, to refer Council’s recommendation to staff to change the structure of the Cable Television Commission to a task force. Vote on Motion: 5-1. Voting aye: Campbell, Cross, Hoffman, Parks, Wirth. Voting nay: Quirmbach. Motion declared carried. Moved by Wirth, seconded by Parks, to refer Council’s recommendations to staff to change the structures of the following Boards or Commissions to task forces: Ames Beautification Committee, Ames/ISU Bicycle Committee, and the Ames Humane League. Vote on Motion: 6-0. Motion declared carried unanimously. Council member Wirth asked for a clarification on whether persons serving on Ames boards/commissions needed to be residents of Ames. Council member Quirmbach would like to know how many people now serving on a board or commission would be affected. Moved by Parks, seconded by Wirth, to refer to staff to amend the ordinances to state that any person serving on a City of Ames board or commission must live in the city limits of Ames. Vote on Motion: 6-0. Motion declared carried unanimously. STAFF REPORT ON NOISE ORDINANCE: After receiving some complaints last summer, the City Council referred to staff a request to add a clause to the Noise Ordinance prohibiting construction work noise during the late night/early morning hours. Section 16.8 of the Municipal Code exempts all construction work from the parameters of the Noise Ordinance. Council member Campbell asked how many complaints had been received. Steve Schainker stated that a few complaints had been received about the street rehabilitation project on 24th and Duff and one complaint had been received about the parking lot construction project at the Northern Lights development. Council member Parks pointed out that contractors need to accomplish many projects in a very short construction season. Council member Campbell stated that complaints are also received about construction work taking too long, so if we further limit the hours when the work can be done, projects will take even longer to complete. Brad Lenz, 3100 Diamond, Ames, who is a construction superintendent for Manatt’s, explained 4 why it is sometimes necessary for his company to perform construction work late at night. He advised that as concrete cures, it cracks, and they must saw to relieve pressure to keep the concrete from breaking. This sawing is crucial to the project and must be done when the conditions dictate. Mr. Lenz stated that most contractors prefer not to work late-night or early mornings hours; however, sometimes it cannot be avoided. In the summer, they try to finish pouring concrete by 5 PM, but the cutting of the concrete may occur later. Council member Cross asked if Mr. Lenz had any suggestions for Council on how to handle the complaints. Mr. Lenz stated that all people may not be appeasable, but the noise is not of an extended nature. Tom Manatt, 2125 Northwood Drive, who is the General Manager of Manatt’s, spoke in opposition to hours being set for construction work to occur in the City. He stated that contractors have enough constraints on their schedules due to the weather. Mr. Manatt expressed his disappointment that all contractors were not notified about a change to the noise ordinance. Mayor Tedesco clarified that the item on tonight’s agenda was a staff report on the noise ordinance; if changes are being requested, a public hearing on the matter will be held. Director of Public Works Paul Wiegand stated that information is provided to the public on specific projects being undertaken. He said that the City could increase the information provided to the public. AMENDED P-C PLAN TO ALLOW A NEW CANOPY SIGN AND THE RELOCATION OF A SIGN AT 223 WELCH AVENUE: Brian O’Connell advised that the retail tenant at 223 Welch Avenue would like to install a new backlit awning sign on the east face of the building and move an existing cabinet sign to the south side of the structure. The proposed new awning sign on the east side of the building will fit in well with the character of the area. The relocation of the existing cabinet sign also is compatible with the existing sign on the south side of the building since both signs are cabinet signs and are of similar size and color. The Planning and Zoning Commission reviewed this request at their meeting of November 18, 1998, and recommended that this request be approved. Moved by Parks, seconded by Cross, to adopt RESOLUTION NO. 98-571 approving an amendment to the P-C Plan to allow a new canopy sign and the relocating of the existing cabinet sign at 223 Welch Avenue. Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. AMENDED TO P-C PLAN TO ALLOW CONSTRUCTION OF A SINGLE-CAR GARAGE AT 114 SEVENTH STREET: Brian O’Connell advised that the applicant is requesting to build a single-car garage at the end of the existing driveway. The proposed garage will be constructed three feet from the side lot line, three feet from the rear lot line, 37 feet from the front lot line, and seven feet from the existing residential structure. Staff believes the proposed garage will be consistent with the objectives of the site plan to reduce adverse effects on the subject property and on adjacent property by providing additional parking on the site for use by the owner of the 5 property. The Planning and Zoning Commission reviewed this request at their meeting of November 18, 1998, and recommended that this request be approved. Moved by Cross, seconded by Parks, to adopt RESOLUTION NO. 98-572 approving an amendment to the P-C Plan to allow construction of a single-car garage at 114 Seventh Street. Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. LAND USE POLICY PLAN (LUPP) MAP CHANGE FOR PROPERTY LOCATED ALONG SOUTH 16TH STREET APPROXIMATELY ONE-HALF MILE WEST OF S. DUFF AVENUE: Brian O’Connell presented an analysis of a proposal by Lois LeMenager and Scott Randall to approve a LUPP map change for Commercial and High-Density Residential land use along S. 16th Street. The request includes a 20.5-acre parcel of land (the LeMenager property) located between S. 16th Street and U. S. Highway 30 and a 20-acre parcel of land (the Randall property) located on the north side of S. 16th Street. It is being requested to change the land use designation for the LeMenager property from Highway-Oriented Commercial to High-Density Residential and a change in the land use for the Randall property from High-Density Residential to Highway-Oriented Commercial. Staff believes the LUPP Map designation for the subject properties should not be changed. If this “exchange” in land use were to be allowed, staff believes that a commercial designation for the Randall property would result in a decrease in the inventory or land that is viable for commercial development. Mr. O’Connell explained that the fundamental issue is whether the LeMenager property or the Randall property is more likely to develop commercially. Staff believes that it is less likely that land on the north side of S. 16th Street will develop commercially in contrast to land that is located nearer to U. S. 30 on the south side of S. 16th Street. The LeMenager property is land that is well suited for commercial development and is located in the major commercial corridor in the City of Ames. The Planning and Zoning Commission reviewed this request at their meeting of December 2, 1998. The Commission recommended that the land use classification of the future Land Use Map for the LeMenager property be changed to High-Density Residential and that the land use classification of the future Land Use Map for the Randall property be changed to Highway- Oriented Commercial. Paul Popelka, planner with Engineering Plus, 612 Sixth Street, spoke on behalf of Spencer LeMenager and presented information in support of the land owner’s request. Mr. Popelka stated that he was not disputing the need for commercial land in Ames; however, felt it was important to consider where the available land is located. Mr. Popelka stated that the LUPP predicts an increase in the need for commercial land of 25% and the need for residentially-zoned land by 300%. A letter was distributed by Mr. Popelka to the Council members from Robinson Commercial Realty offering their opinion that the LeMenager property is not prime land for commercial development. Mr. Popelka also stated that there are many areas of commercial development currently occurring which will take many years to be completely occupied. 6 Matt Randall, 303 Welch, Ames, spoke on behalf of the Randall Corporation. He stated that they, as developers, want to produce the best product for the community. They feel that the fundamental issue is to determine what is logical for the area. It is the opinion of the Randall Corporation that the proposed “exchange” would be the most logical solution for development of the two areas. Bonnie Homstad, 2721 Burr Oak, Ames, spoke on this issue, stating that she had an interest in the areas due to her profession as a realtor. Ms. Homstad pointed out the changes which have occurred in the S. 16th/S. Duff commercial areas. It is her opinion that the S. 16th area is developing commercially due to the provisions in the Land Use Policy Plan and that changes to the Plan should not be made without a great deal of justification. Potential clients have indicated to her that they prefer to develop their businesses next to other commercial properties. Council member Quirmbach stated that he feels there are two goals for development: (1) to create a rough balance between land supply and demand and (2) to keep incompatible uses separate. He feels that the request satisfies these goals and is a proponent of allowing the “exchange” of land use designations. Council member Hoffman pointed out that no portion of the LeMenager property is located in the flood plain; however, a portion of the Randall property is located in the flood plain. She feels that the best use of the LeMenager property is commercial and businesses would be more willing to locate there rather than in the flood plain. Moved by Wirth, seconded by Hoffman, to deny the request to change the existing land use designations on the LUPP Map for the 20.5-acre parcel of land located between S. 16th Street and U. S. Highway 30 (the LeMenager property) and the 20-acre parcel of land located on the north side of S. 16th Street (the Randall property). Vote on Motion: 3-4. Voting aye: Campbell, Hoffman, Wirth. Voting nay: Cross, Parks, Quirmbach, Tedesco. Motion was defeated. Moved by Parks, seconded by Cross, to approve a Resolution allowing the change to the existing land use designations on the LUPP Map for the 20.5-acre parcel of land located between S. 16th Street and U. S. Highway 30 (the LeMenager property) and the 20-acre parcel of land located on the north side of S. 16th Street (the Randall property). Roll Call Vote: 3-3. Voting aye: Cross, Parks, Quirmbach. Voting nay: Campbell, Hoffman, Wirth. Motion was defeated due to the lack of a majority vote. URBAN REVITALIZATION: On November 24, 1998, the Council had received a request from Dayton Hudson Corporation to include additional property in Urban Revitalization Area #5 (URA #5) due to approximately one-third of the Target store they are building being located out of the URA. A letter had been received by the Council from Richard Horn, City Assessor, stating that making a change to the boundaries for URA #5 now would neither complicate nor simplify the administration of the exemption. Amending the boundary would impact the amount 7 of abatement on the portion of the building outside the original boundary in future assessment years, however. Gary Myers, attorney with the Davis Brown Law Firm in Des Moines, Iowa, representing the Dayton Hudson Corporation, was present. He discussed the opinion rendered by the City Assessor. Mr. Myers stated that his client is requesting the change to the boundaries so as to simplify the procedure in the future. Council member Quirmbach asked if there is an application for tax abatement on file from the Dayton Hudson Corporation. Brian O’Connell stated that they do not have an application on file. Mr. Myers said that it was his understanding that the deadline for filing the application was February 1, 1999, and an application will be on file by that date; they wanted to learn the outcome of this request before filing the application. Council member Quirmbach pointed out that this request is to change the boundaries, not to approve the request for tax abatement. Council member Wirth stated that the Urban Revitalization Plan is designed to be an incentive for development, and the development is already underway. Council member Hoffman pointed out that the property was not within the URA #5 boundary when the developer decided to locate there. Council member Quirmbach said that there are no criteria established so as to guide the Council in making changes to the boundaries of the URAs. He feels that expanding the boundary is inconsistent with the City’s general policy for the Urban Revitalization Plan. Letters had been received by the Council from Merlin Pfannkuch, 1424 Kellogg Avenue, Ames, and Sam Pritchard, 912 Kellogg Avenue, Ames, urging Council to deny the request of Dayton Hudson to expand the boundary of URA #5. In response to Mr. Pritchard’s letter, Council member Parks explained that the purpose of the Urban Revitalization Plan is to be an enticement to encourage development in an area that is possibly underutilized or blighted; as soon as value is added, additional tax dollars are realized. Council member Campbell feels that a hearing should be held on this request. Moved by Wirth, seconded by Hoffman, to deny the inclusion of the additional property in Urban Revitalization Area #5. Vote on Motion: 3-4. Voting aye: Hoffman, Wirth, Quirmbach. Voting nay: Cross, Campbell, Parks, Tedesco. Motion was defeated. Moved by Campbell to propose the inclusion of the additional property in Urban Revitalization Area #5 and set January 12, 1999, as the date of public hearing on the Plan and Ordinance 8 amending the Urban Revitalization Area. Motion died for lack of a second. Moved by Parks, seconded by Campbell, to approve a Resolution proposing the inclusion of the additional property in Urban Revitalization Area #5 and setting January 26, 1999, as the date of public hearing on the Plan and Ordinance amending the Urban Revitalization Area. Roll Call Vote: 3-3. Voting aye: Cross, Campbell, Parks. Voting nay: Hoffman, Wirth Quirmbach. Motion was defeated due to the lack of a majority vote. POLICY SETTING SIDEWALKS BACK 6' FROM THE CURB: Paul Wiegand informed the Council that as traffic volumes increase in the community, there is a need to widen streets. As streets are widened, providing snow storage and maintaining pedestrian clearance between the curb and sidewalk or bike path becomes a problem. By establishing a specific policy to require a minimum distance between curbs and sidewalks or bike paths, street-widening projects will likely have to include acquisition of additional right-of-way. It was the staff’s recommendation that a policy be adopted to require the following separation distances between curb and the front of sidewalks or bike paths so as to provide for snow storage and pedestrian clearance. Width of Sidewalk/Bike Path Minimum Separation Distances* 4'6' 6'4' 8'4' 10'4' *These distances may be reduced or increased due to constraints peculiar to each location where sidewalks or bike paths are to be constructed. Moved by Campbell, seconded by Wirth, to adopt RESOLUTION NO. 98-573 approving the policy establishing the minimum distance between curbs and sidewalks/bike paths whenever possible on street-widening projects. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. WINDSOR OAKS SUBDIVISION: On March 24, 1998, the City Council approved the Conceptual Development Plan (CDP) for Windsor Oaks Subdivision. The Development Agreement addresses all of the stipulations that were included in the CDP approval resolution. The developers have executed the Agreement. Moved by Wirth, seconded by Quirmbach, to adopt RESOLUTION NO. 98-574 approving the Development Agreement for the Windsor Oaks Subdivision. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ADAMS STREET PAVING PROGRAM: On August 25, 1998, an assessment hearing for this project was held. A new property owner, Mr. Oglesbee, objected to his assessment; his property 9 does not benefit from the paving of Adams Street as his property has access to paving on Calhoun Avenue. The Development Agreement for the Windsor Oaks Subdivision on Adams Street had not been filed at that time, and Council voted to continue the assessment hearing until all documents were on file. City staff and the developer of Windsor Oaks Subdivision discussed Mr. Oglesbee’s objection, and the developer requested that the assessments for the Adams Street Paving be revised to reduce Mr. Oglesbee’s assessment to reflect actual benefits received from that paving. Staff believes that Mr. Oglesbee could plat a lot west of his house that would have frontage on Adams Street. Zoning in this area (R1-10) requires a 10,000 square foot lot. The west 67' of the 170' x 150' lot would create a 10,050 square foot lot. Therefore, Mr. Oglesbee’s assessment for Adams Street should be computed based on that developable frontage. Staff has also redesigned the street grade, which eliminated some storm sewer costs, and deleted the driveways into the Windsor Oaks development since they will be constructed by the developer at his expense after Adams Street is paved. The total assessment cost of this project is now $109,731.60. This cost will be financed with General Obligation Bonds that are abated with assessments and revenue anticipated from the sale of some land that will be deeded to the City by the developer of Windsor Oaks Subdivision. Moved by Hoffman, seconded by Cross, to adopt RESOLUTION NO. 98-575 canceling the August 25, 1998, Adams Street Paving Program assessment hearing. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Campbell, seconded by Cross, to adopt RESOLUTION NO. 98-576 approving the Agreement for Assessment with Windsor Oaks Development. 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 Hoffman, to adopt RESOLUTION NO. 98-577 adopting the Preliminary Resolution covering the Adams Street Paving Program; RESOLUTION NO. 98-578 adopting the preliminary plans and schedule of assessment; and RESOLUTION NO. 98-579 adopting the Proposed Resolution of Necessity and setting January 12, 1999, as the date of public hearing. Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE APPROVING AN AMENDMENT TO SECTION 20.11(1) OF THE MUNICIPAL CODE: Moved by Campbell, seconded by Cross, to pass on first reading an ordinance approving an amendment to Section 20.11(1) of the Municipal Code, which deals with the Public Hearing Notice procedure for the adoption of a Comprehensive Plan. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE REGARDING PARKING PROHIBITIONS FOR DAUNTLESS, SOMERSET, AND EASTGATE SUBDIVISIONS: Moved by Campbell, seconded by Wirth, to pass on second 10 reading an ordinance regarding parking prohibitions for Dauntless, Somerset, and Eastgate Subdivisions. Roll Call Vote: 6-0. Motion declared carried unanimously. COMMENTS: Mayor Tedesco referenced the invitation Council members had received to the City Employee Holiday Party to be held at Equipment Services. The hosts are asking Council members to participate by being judges of a snowman-making contest. Council members Hoffman and Wirth expressed their appreciation of the National League of Cities Conference which several Council members recently attended. Council member Hoffman stated that they had also visited a city in Kansas where laptop computers are utilized to access Council meeting agenda material. Council member Cross referenced a letter received by Council from Scott Stephan, who is a member of the City’s Mechanical Board, concerning a proposed ordinance requiring Mechanical Licenses in the City of Ames. Moved by Cross, seconded by Parks, to refer this letter to City staff for report back to Council. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Campbell, seconded by Quirmbach, to receive a response from City staff regarding the deadlines set by the Commission on the Arts (COTA) for receipt of applications. Vote on Motion: 6-0. Motion declared carried unanimously. A letter had been received by the Council from the Ames Community Arts Council (ACAC) Board requesting an additional allocation to the COTA for 1999-2000 to allow for matching dollars if ACAC is successful in receiving a National Endowment for the Arts Community Cultural Planning Grant. Council member Campbell stated that Council should not earmark the any monies to be disbursed from COTA. Moved by Campbell, seconded by Wirth, to request ACAC to bring their application to City Council for review. Vote on Motion: 6-0. Motion declared carried unanimously. ADJOURNMENT: The meeting adjourned at 9:33 p.m. _________________________________________________________________________ Diane Voss, City Clerk Ted Tedesco, Mayor