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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames Conference Board and of the Ames City Council 02/25/1997MINUTES OF THE REGULAR MEETING OF THE AMES CONFERENCE BOARD AND OF THE AMES CITY COUNCIL CITY OF AMES, IOWA FEBRUARY 25, 1997 The Ames City Council met with the Ames School Board and the Story County Board of Supervisors as the Ames Conference Board at 6:30 p.m., followed by a regular City Council meeting, on the 25th day of February, 1997, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law with Chairperson Larry R. Curtis presiding and the following members present: City Council: Parks, Quirmbach, Tedesco, and Wirth. Couns. Campbell and Hoffman arrived late. Ames School Board: Rowings and Bastiaans. Story County Board of Supervisors: Halliburton and Whitmer. CALL TO ORDER: 6:30 p.m. APPROVAL OF MINUTES: Motion by Halliburton, Second by Tedesco, to approve minutes of January 28, 1997 Conference Board Meeting. Vote on Motion: 3-0. Motion declared carried unanimously. PUBLIC HEARING ON PROPOSED FY 97-98 BUDGET FOR AMES CITY ASSESSOR’S OFFICE: Mayor Curtis declared the public hearing open. City Assessor Richard Horn summarized the proposed FY 97-98 budget as presented to the Board at the January 28, 1997 meeting. There being no one present wishing to testify, the public hearing was declared closed. Motion by Tedesco, Second by Halliburton, to adopt FY 97-98 budget for Ames City Assessor's Office as presented. Vote on Motion: 3-0. Motion declared carried unanimously. NEW BUSINESS: Coun. Tedesco noted the City Council members had received a letter dated February 20, 1997 from attorney Barry Nadler on behalf of Ed Hendrickson. He noted they had also received a copy of a memo dated February 21, 1997 from City Attorney John Klaus to Assistant to the City Manager Sheila Lundt, regarding who should respond to citizen comments relative to the City Assessor. Motion by Tedesco, Second by Whitmer, to forward Mr. Nadler’s letter to the Board of Review. Coun. Hoffman arrived at 6:36 p.m. Coun. Campbell arrived at 6:39 p.m. Vote on Motion: 3-0. Motion declared carried unanimously. ADJOURNMENT: Motion by Halliburton, Second by Tedesco, to adjourn. Vote on Motion: 3-0. The Conference Board Meeting adjourned at 6:49 p.m. MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL CALL TO ORDER: Mayor Curtis called the Regular Meeting to order at 6:45 p.m. Present were Council Members Campbell, Hoffman, Parks, Quirmbach, Tedesco, and Wirth. 2 CONSENT AGENDA: Motion by Tedesco, Second by Wirth, to approve the following items on the Consent Agenda: 1.Motion to approve payment of claims 2.Motion to approve Minutes of the Regular Meetings of January 28 and February 4, 1997 3.Motion to approve renewal of the following beer permits and liquor licenses: a. Class C Beer - Fareway Stores, Inc., 619 Burnett b. Class C Liquor - New Tradewinds Lounge, 115 Fifth Street c. Class C Liquor - The Main Event, 115 Main Street d. Class C Beer - Gateway Express, 2400 Elwood Drive e. Class C Beer - Casey's General Store, 428 Lincoln Way 4.Motion to accept Resource Recovery Center 1996 Annual Report 5.RESOLUTION NO. 97-63 approving request from Ames Heritage Association for redirection of FY 1996-97 allocation of $1250 to use for Phase I of three-phase feasibility study for museum/cultural center 6.RESOLUTION NO. 97-64 approving Final Plat for Jewel Park Subdivision, Plat 1 7.RESOLUTION NO. 97-65 approving Final Plat for ISU Industrial Park, Third Addition 8.RESOLUTION NO. 97-66 accepting bids and awarding contract for five medium-duty truck cabs and chassis 9.RESOLUTION NO. 97-67 approving renewal of contract for cemetery mowing and trimming 10.RESOLUTION NO. 97-68 accepting completion of Shelter/Restroom Facilities at Daley Park and Greenbelt 11.RESOLUTION NO. 97-69 supporting reversal of State Preemption of Local Tobacco- Related Ordinances 12.RESOLUTION NO. 97-70 approving preliminary plans and specifications for Elwood Drive Bicycle Path; setting May 2, 1997 as bid due date and May 13, 1997 as date of hearing and award of contract 13.RESOLUTION NO. 97-71 approving preliminary plans and specifications for Airport Road and ISU Research Park, South Loop Drive Paving; setting March 19, 1997 as bid due date and March 25, 1997 as date of hearing and award of contract 14.RESOLUTION NO. 97-72 approving contract and bond for 10th Street Sanitary Sewer Project - Roosevelt to Harding 15.RESOLUTION NO. 97-73 approving $30 fee to offset costs of Police Department videotape reproduction 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 came forward to speak at this time. NEW CLASS C LIQUOR LICENSE FOR MARKET RESTAURANT AND BAKERY: Motion by Wirth, Second by Parks, to approve new Class C Liquor License for the Market Restaurant and Bakery, 546 Main Street. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST TO COMBINE NORTHRIDGE NEIGHBORHOOD IMPROVEMENT PROGRAMS: Motion by Wirth, Second by Hoffman, to approve request from Northridge Homeowners Association to combine two Neighborhood Improvement Programs. Vote on Motion: 6-0. Motion declared carried unanimously. GREEK WEEK '97 REQUESTS: Mayor Curtis said the Council would delay consideration of this item until later in the evening, to allow Greek Week Committee members to arrive. WAIVER OF MAIN STREET PARKING REGULATIONS FOR MARCH 22 DOWNTOWN PROMOTION: Motion by Hoffman, Second by Parks, to approve request from Ames Main Street District for waiver of parking regulations for Saturday, March 22, 1997 for Downtown promotion. Vote on Motion: 6-0. Motion declared carried unanimously. ENCROACHMENT PERMIT FOR 223 MAIN STREET: Motion by Tedesco, Second by 3 Hoffman, to approve request for encroachment permit to allow a sign at 223 Main Street (Wordly Goods). Vote on Motion: 6-0. Motion declared carried unanimously. ENCROACHMENT PERMIT FOR 304-306 MAIN STREET: Motion by Parks, Second by Tedesco, to approve request for encroachment permit to allow awning at 304-306 Main Street (Carr True Value). Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON BLOOMINGTON ROAD: GRANT TO EISENHOWER, AND AIRPORT ROAD TRANSMISSIONS/DISTRIBUTION LINE RELOCATIONS: Mayor Curtis declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Campbell, Second by Parks, to adopt RESOLUTION NO. 97-75 approving final plans and specifications and awarding contract to Aerial Contractors, Inc. of West Fargo, North Dakota in the amount of $76,514.00 and approving contract and bond of same. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON REZONING OF PROPERTY IN DAUNTLESS SUBDIVISION, LOCATED WEST OF SOUTH DAKOTA AVENUE AND NORTH OF U.S. HWY. 30: Mayor Curtis declared the public hearing open. Planning and Housing Director Brian O’Connell reviewed the Staff report, and displayed an overhead of the subject property. Paul Popelka, Engineering Plus, 612 5th Street, said the developers’ proposal is a clear response to the proposed 1996 Land Use Policy Plan. He said they felt it was a good mix of land use, and will set a pattern for the proposed Southwest Priority Growth Area. There being no one present wishing to testify further, the public hearing was declared closed. Motion by Tedesco, Second by Hoffman, to pass on first reading an ordinance rezoning property generally located west of South Dakota Avenue and north of U.S. Highway 30 from A-1 (Agricultural) to R1-6 (Low-Density Residential), R-2 (Low-Density Residential), R-3 (Medium-Density Residential) and P-C (Planned-Commercial). Roll Call Vote: 6-0. Motion declared carried unanimously. CONCEPTUAL DEVELOPMENT PLAN FOR DAUNTLESS SUBDIVISION: Motion by Wirth, Second by Hoffman, to adopt RESOLUTION NO. 97-76 approving Conceptual Development Plan for Dauntless Subdivision, with stipulations as noted in the Staff Report. Planning and Housing Director Brian O’Connell reviewed the Staff report, noting the developers had sent a letter dated January 29, 1997 asking that the City assume responsibility for costs of all off-site improvements and the extension of Mortensen Road. He said it was Staff's recommendation to approve the CDP based on the existing policy of the City, i.e., that the developer share costs of the infrastructure improvements, until the Council determines whether it wants to fully accept the policy of capital investment and pay for all costs of these improvements. Paul Popelka, Engineering Plus, 612 5th Street, said the developers had not expected to get an answer to their question regarding the City’s capital investment strategy this evening. He said they hoped for approval of rezoning and the Conceptual Development Plan and a general direction of what the Council was intending for this priority area. He said this funding is to “jump-start” this growth area. He estimated the cost of extending Mortenson Road at $.5 million. He noted under the current policy, the developer would be responsible for two lanes of 4 Mortenson, and the City for two lanes, whereas under the proposed policy, the City would fund all four lanes. He said the developers would like to be able to “leave the door open” for future negotiations on this issue. There was discussion that the proposed stipulations would not prevent a revision of the CDP in the future, should the City decide to enter into a future capital investment strategy agreement. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. GREEK WEEK ‘97 REQUESTS: Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 97-74 approving closure of certain City streets on March 22, 1997 for Greek Week '97. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REPORT ON CITY MANAGER'S FINAL FY 97-98 BUDGET RECOMMENDATIONS: City Manager Steve Schainker reviewed several documents pertaining to the results of the Council’s decisions for the 1997/98 budget. He noted they showed the effect of the decision to extend Stange Road, and the selection of Phase I of the Downtown project, as well as the decision to use $20,000 out of the available Local Option Sales Tax balance to complete the Master Plan for the Downtown Project in this fiscal year. He said the other “add-ins” approved by the Council at the February 18, 1997 budget “wrap-up” session were taken out of the Local Option Sales Tax balance. He noted the impact on the overall tax levy was an increase from $10.19 to $10.23 per $1,000 AV, or an approximate $.04 increase. Motion by Quirmbach, Second by Parks, that the $55,000 Local Option Sales Tax funds the City has received at present be included in the calculations, to reduce the property tax asking to a 1.4 cent increase, with the remainder going to the Local Option Sales Tax balance. Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Quirmbach, Second by Parks, to set tax levy rate at $10.19221, the current year’s rate. Vote on Motion: 6-0. Motion declared carried unanimously. SOMERSET VILLAGE -- REQUEST FOR TAX SUBSIDY: City Manager Steve Schainker reviewed the Staff report on the request from the developers of Somerset Subdivision for the City to provide a Tax Increment Financing incentive for the subdivision. He noted the public hearing on the proposed rezoning of the property will be reconvened at the March 4 Council meeting. Dean Hunziker, 105 South 16th, distributed a document entitled “T.I.F. & Tax Abatement - Somerset, Phase I,” showing how the developers arrived at the $1,079,000 asking to allow them write down the Phase I lots for salability. He said they have determined that the asking could be paid off in five years. He said the request for tax abatement on the Commercial property was a separate request, and there were no Commercial figures in the calculations for the requested TIF amount. He said in the proposed “village,” it was intended that the Commercial property would be supported by internal residents, rather than drawing from outside the subdivision. He said it would take time to build up a population to support the Commercial development, and that was why the tax abatement was crucial. He said they anticipate a 3-year build-out for 149 homes. He said the Staff has questioned the developers’ commitment to this project, and noted the developers have already spent much time and money on the project. He said the “village” concept in the proposed 1996 Land Use Policy Plan is not necessarily neo-traditional in design. He said if the developers were allowed to make some changes in the design considerations and develop the “village” strictly as it was proposed in the 1996 draft LUPP, an agreement might be reached. He said otherwise, the TIF would be needed to provide the write-down to allow them to compete with the existing subdivisions in town. Motion by Campbell, Second by Hoffman, to direct Staff not to proceed with TIF district, 5 but to work with the developers to see what further design negotiations may be workable to bring this project to fruition. Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Tedesco, Second by Parks, to direct Staff to also investigate possibility of tax abatement for the Commercial area of this development. Vote on Motion: 5-1. Voting Aye: Campbell, Parks, Quirmbach, Tedesco, Wirth. Voting Nay: Hoffman. Motion declared carried 5-1. RECESS: Mayor Curtis called a recess at 8:30 p.m. RECONVENE: The regular meeting reconvened at 8:35 p.m. SINGLE-FAMILY CONSERVATION OVERLAY DISTRICT ORDINANCE: Motion by Wirth, Second by Campbell, to delete from proposed ordinance “Section 1 (9) Compatibility Standards (n) Width - Lot.” Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Wirth, Second by Hoffman that a statement be added to “Section 1 (11) Historic Preservation” that within the Historic Preservation District, in the event of conflict between the regulations of the Historic Preservation District and the Single- Family Conservation Overlay District, the design guidelines of the Historic Preservation District would take precedence, and that when compatibility standards issues came up for properties within the Historic Preservation District, the Historic Preservation Commission shall be the decision-making body. Vote on Motion: 4-2. Voting Aye: Campbell, Hoffman, Tedesco, Wirth. Voting Nay: Parks, Quirmbach. Motion declared carried 4-2. Motion by Hoffman, Second by Wirth, to amend (1) Purpose to read as follows: “The SFCOD is intended to protect single-family neighborhoods while guiding the transition to limited density. . . .” and that the following last line of that section, “. . .and allow a limited amount of increased housing densities,” be deleted. Vote on Motion: 3-3. Voting Aye: Campbell, Hoffman, Wirth. Voting Nay: Parks, Quirmbach, Tedesco. Mayor Curtis voted Nay to break the tie. Motion declared failed 3- 4. Motion by Tedesco, Second by Parks, to amend (6) Intensification Limited to read as follows: “In the SFCOD the maximum number of dwelling units, of any kind defined in Section 29.2, shall not at any time be permitted to exceed six hundred and forty-eight.” Vote on Motion: 3-3. Voting Aye: Parks, Quirmbach, Tedesco. Voting Nay: Campbell, Hoffman, Wirth. Mayor Curtis voted Aye to break the tie. Motion declared carried 4-3. Motion by Quirmbach, Second by Parks, to delete from the draft ordinance (9)(e) Solids and Voids, (9)(g) Dormers, and (9)(h) Windows. The Council members discussed this section until Coun. Hoffman called for the Question. Vote on Motion to end debate: 6-0. Motion declared carried unanimously. Vote on Motion: 2-4. Voting Aye: Parks, Quirmbach. Voting Nay: Campbell, Hoffman, Tedesco, Wirth. Motion declared Failed 2-4. Motion by Wirth, Second by Hoffman, to amend (6) Intensification Limited to read as follows: “In the SFCOD the maximum number of dwelling units shall not at any time be permitted to exceed six hundred and thirty-six,” with the additional 12 units (from the total 624 existing units in the district) being specified as multi-family. The Council members discussed the motion until Coun. Parks called for the Question. Vote on Motion to end debate: 6-0. Motion declared carried unanimously. Vote on Motion: 3-3. Voting Aye: Campbell, Hoffman, Wirth. Voting Nay: Parks, 6 Quirmbach, Tedesco. Mayor Curtis voted Nay to break the tie. Motion declared Failed 3-4. Mayor Curtis said since the Council appeared to be deadlocked on this issue, he did not feel it was prudent to hold a public hearing on the ordinance, and spend the Staff time and publishing costs involved. Motion by Hoffman, Second by Parks, to Table consideration of the ordinance establishing Single-Family Conservation Overlay District regulations. Vote on Motion: 2-4. Voting Aye: Hoffman, Parks. Voting Nay: Campbell, Quirmbach, Tedesco, Wirth. Motion declared Failed 2-4. Motion by Tedesco, Second by Parks, to set March 25, 1997 as date of public hearing for consideration of Ordinance Revising the Municipal Code, Zoning Regulations, to Establish a Single-Family Conservation Overlay District with Compatibility Standards. Vote on Motion: 6-0. Motion declared carried unanimously. The Council members discussed that this was a text amendment ordinance, and a companion ordinance would amend the Official Zoning Map to show the area subject to the overlay district. There was discussion that no hearing date needed to be set at this time for the companion ordinance, as it would be a moot point if the text amendment was not approved. AMENDMENT TO PLANNED-COMMERCIAL PLAN FOR 1405 BUCKEYE AVENUE: Motion by Hoffman, Second by Tedesco, to adopt RESOLUTION NO. 97-77 approving amended Planned-Commercial (P-C) Plan to allow installation of four signs at 1405 Buckeye Avenue. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. URBAN REVITALIZATION TAX EXEMPTION REQUESTS FOR 1997: Motion by Parks, Second by Tedesco, to adopt RESOLUTION NO. 97-78 approving Urban Revitalization Tax Exemption requests for 1997. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor and hereby made a portion of these minutes. BALL PLASTIC CONTAINER CORPORATION AGREEMENTS: Motion by Wirth, Second by Parks, to adopt RESOLUTION NO. 97-79 approving Economic Development Set-Aside (EDSA) contract with State of Iowa for Ball Plastic Container Corporation. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Wirth, Second by Parks, to adopt RESOLUTION NO. 97-80 approving EDSA contract between Ball Plastic Container Corporation and the City of Ames. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Wirth, Second by Parks, to adopt RESOLUTION NO. 97-81 approving EDSA Revolving Loan Fund contract between City of Ames and Ball Plastic Container Corporation. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Wirth, Second by Parks, to adopt RESOLUTION NO. 97-82 approving New Jobs and Income Program contract between City of Ames, Ball Plastic Container Corporation, and State of Iowa. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. FIRM CAPACITY SALES AGREEMENT WITH CEDAR FALLS UTILITIES: Motion 7 by Tedesco, Second by Parks, to adopt RESOLUTION NO. 97-83 approving Firm Capacity Sales Agreement with Cedar Falls Utilities. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SCOPE OF SERVICES FOR SOUTH DAKOTA AVENUE/U.S. HWY 30 INTERCHANGE STUDY: Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 97-84 approving Scope of Services agreement with Kirkham Michael for South Dakota Avenue/U.S. Hwy. 30 Interchange Study. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. AIRPORT ROAD PAVING PROJECT, FROM WEST OF SOUTH DUFF AVENUE TO SOUTH RIVERSIDE DRIVE: Motion by Tedesco, Second by Wirth, to adopt RESOLUTION NO. 97-85, Preliminary Resolution for Airport Road Paving Project, from 1320 feet west of South Duff Avenue to South Riverside Drive. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Tedesco, Second by Wirth, to adopt RESOLUTION NO. 97-86 approving preliminary plans and specifications for Airport Road Paving Project, from 1320 feet west of South Duff Avenue to South Riverside Drive. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Tedesco, Second by Wirth, to adopt RESOLUTION NO. 97-87 adopting Proposed Resolution of Necessity for Airport Road Paving Project from 1320 feet west of South Duff Avenue to South Riverside Drive; setting March 25, 1997 as date of hearing. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS AND FUTURE AGENDA ITEMS: Coun. Wirth said she had received concerns regarding the Union Pacific Railroad storing large quantities of railroad ties next to the railroad on 6th Street on North Riverside and on Hazel for extended periods of time. She said she didn’t know whether the City’s property was involved, but asked Staff to look into the matter. Coun. Tedesco said the Council had received a memo from Assistant City Manager Bob Kindred regarding fiber optics and communications in the City’s right of way. He said he felt Staff should work on this as expediently as possible, and said the City needed to be very careful regarding the precedent it set. Mr. Kindred said Staff hoped to have this item ready for the March 4 City Council agenda. Coun. Tedesco said he has had inquiries regarding the City’s policy on gravel in alleys and/or in streets, and asked that Staff report back on this policy at the next Council meeting. Mayor Curtis said he had been invited to participate in the Census 2000 meeting in Washington, D.C. ADJOURNMENT: The regular meeting adjourned at 9:20 p.m. Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor