Loading...
HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 12/16/1997MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL CITY OF AMES, IOWA DECEMBER 16, 1997 The Ames City Council met in regular session at 7:00 p.m. on the 16th day of December, 1997 in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law with Mayor Larry R. Curtis presiding and the following Council members present: Campbell, Hoffman, Parks, Quirmbach, Tedesco, and Wirth. CALL TO ORDER: 7:00 p.m. RECOGNITION OF MAYOR CURTIS’S SERVICE TO AMES: Mayor Pro Tem Parks presented Mayor Curtis with the Key to the City in recognition of his 20 years of service to the community. CONSENT AGENDA: Motion by Tedesco, Second by Hoffman, to approve the following items on the Consent Agenda: 1. Motion to approve payment of claims 2. Motion to approve Minutes of the Regular Meeting of December 9, 1997 3. Motion to approve renewal of the following beer permits and liquor licenses: a. Class C Liquor - Thumbs, 2816 West Street 4. Motion authorizing declaratory judgment suit, Lincoln Way Sanitary Sewer contract claim 5. RESOLUTION NO. 97-619 approving Memorandum of Understanding between the Iowa Department of Inspections Appeals and the City of Ames 6. RESOLUTION NO. 97-620 approving final plat for Horne Subdivision 7. RESOLUTION NO. 97-621 approving final plat for Northridge Parkway Subdivision 8. RESOLUTION NO. 97-622 approving preliminary plans & specifications for 1997/98 Water Program No. 1; setting January 21, 1998 as bid due date and January 27, 1998 as date of hearing and award of contract 9. RESOLUTION NO. 97-623 accepting completion of 1996/97 Water Service Transfer Program 10. RESOLUTION NO. 97-624 accepting completion of contract for Hyland Avenue Reconstruction Project, Phase I (Ontario Street to Forest Hills Drive) and approving supplemental contract for unfinished pavement markings 11. RESOLUTION NO. 97-625 accepting completion of contract for Hyland Avenue Reconstruction Project, Phase II (Lincoln Way to Clear Creek) and approving supplemental contract for unfinished pavement marking and sodding 12. RESOLUTION NO. 97-626 accepting completion of Northeast Area Utility Extension Project and approving supplemental contract for seeding 13. RESOLUTION NO. 97-627 approving change order on engineering services agreement with Snyder & Associates for Lincoln Way/Duff intersection improvements 14. RESOLUTION NO. 97-628 approving assignment of tenant's interest in airport hangar lease (Home Furniture) 15. RESOLUTION NO. 97-629 approving release of deferred real estate mortgage for property located at 322 Ken Maril Road in connection with City's Phase I Affordable 1 Housing Program 16. RESOLUTION NO. 97-630 approving release of deferred real estate mortgage for property located at 328 Ken Maril Road in connection with City's Phase I Affordable Housing Program 17. RESOLUTION NO. 97-631 approving release of deferred real estate mortgage for property located at 400 Ken Maril Road in connection with City's Phase I Affordable Housing Program 18. RESOLUTION NO. 97-632 approving release of deferred real estate mortgage for property located at 406 Ken Maril Road in connection with City's Phase I Affordable Housing Program 19. RESOLUTION NO. 97-633 approving Wetlands Easement Agreement for Somerset 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 came forward to speak at this time. TENNIS COURT CONSTRUCTION: Parks and Recreation Department Director Nancy Carroll noted the current year Capital Improvement Plan includes $100,000 earmarked for the replacement of the Brookside tennis courts. She said the Ames School District had previously contacted the City regarding the possibility of partnering with the City to relocate the Brookside courts and developing an 8-plex at the Ames High School, but withdrew funding for that project in the spring of 1997. She said a study done by Engineering Plus had determined an 8-plex could be constructed at the Ames High site at a cost of $300,000. She said when the School District withdrew their funding for the 8-plex, a group of parents began a private fundraising campaign for the project, and has to date raised approximately $180,000 of their $200,000 goal. Ms. Carroll said a public meeting had been held on November 18, 1997 regarding whether the Brookside courts should be reconstructed at their current site or relocated to the high school. She noted the Council had received copies of correspondence received following that meeting. She said no one appeared to oppose the 8-plex being constructed at the high school, but the majority didn’t want that construction to occur at the expense of the courts at Brookside. She said Staff has emphasized that the City could not fund both projects. Ms. Carroll said the Parks and Recreation Commission voted unanimously to recommend that the Council approve allocating $100,000 for construction of the 8-plex at Ames High School, and to continue to maintain the Brookside tennis courts at a recreational level at the very least. She said that recommendation had never been an option for Staff, as the Council had not authorized an expenditure over $100,000. She said since the November 18 public meeting, Staff has met with School District representatives who have proposed the District pay $2,500 annually for ten years toward the maintenance costs of the Brookside courts. She said based on that proposal, the Staff’s recommendation to Council at this time was that the $100,000 in the CIP be shifted to combine with funding from private contributions to construct an 8-plex at the High School, subject to the School District’s agreement to pay the City annually for ongoing maintenance costs of the Brookside courts. She noted this would be a short-term solution, and the question of whether the Brookside courts should be removed or reconstructed would still need to be addressed at some point in the future. Rudolf Jensen, 929 Brookridge Ave., said he questioned the basic assumption that continued existence of the Brookside tennis courts and their maintenance is financially linked to the proposal 2 to build an 8-plex at Ames High School. He said government agencies have a limited budget, and he questioned whether $100,000 of community funding should be spent for the "special use" of high school tennis courts. He said he questioned why the School District wouldn't contribute $50,000 to $100,000 to make up the difference between the privately-raised funds and the cost of the 8-plex. He said he believed the proposed 8-plex courts would not be used by the community, despite the School District’s assurances to the contrary. He said he felt from mid-August to mid-June, the courts would be used by the Ames High School tennis teams as well as AHS Physical Education classes. He said parking problems at the High School would also dissuade users from the community. He said he did not believe the proposed 8-plex at the High School should be considered as a public use facility, as he did not feel that would be the case. Roger Mather, 702 Brookridge, said he has been a resident in the area since 1960, and would like to see the tennis courts and basketball area at Brookside maintained. He said the park’s tennis courts should be a place to play “for fun,” rather than professionally. He said he would like to think that 30+ years from now, the Brookside tennis courts would still be the kind of facility where one could play “for fun.” Ed Collins, 836 Brookridge, said his father had installed the first nets in the pasture that became the Brookside Park tennis courts, and said he himself had learned to play tennis there. He said he supported the use of currently available funding to reconstruct the Brookside courts. He said he would support the idea of courts at Ames High School, but felt that should be a separate issue. Linda Emmerson, 630 Ridgewood, said she was present on behalf of the Brookside neighborhood. She said she had distributed a brief questionnaire to the residents in that area, and received a 30% return, with the overwhelming majority of responses in favor of a joint project involving construction of new courts at the High School plus maintaining the present courts at Brookside Park. She said she would urge the Council to approve costs for maintaining the Brookside courts at this time, and then allocating funding in the 2000 or 2001 CIP for renovation of the Brookside courts so they could continue to be enjoyed by the community. Tom Emmerson, 630 Ridgewood, said he had served on the Parks and Recreation Board in the past, and had been a long-time resident of the Brookside neighborhood. He said he was in favor of maintaining full courts at Brookside at a good standard. He said Brookside was integral to the central part of the City, and the community of downtown. He said it was also important to the many students who play there. He urged the Council to maintain the Brookside courts at above-minimal standards so future generations can enjoy them. Jim Popken, 920 Clark, said he was present representing the Ames Neighborhood Coalition. He described the Staff’s recommendation as a “patch rather than rebuild” option which put the future of the Brookside tennis courts in question. He said it was important the parks and facilities are distributed evenly throughout the City. He said coaches and tournaments make up a small part of a player’s time, and as the player must then practice on his or her own time, nearness to a facility becomes important. He said the Ames Neighborhood Coalition voted unanimously to maintain high- quality courts at Brookside, and asked the Council to do the same. Len Thiede, 3407 Buchanan Court, said he had served as Tennis Director for the City of Ames for the past eight years, and was a member of Friends of Ames Tennis and other organizations. He said it was very important to the Parks and Recreation program to have eight courts at the high school. He said he is at Brookside Park daily during the summer, and expressed concern about safety issues 3 at the park. He said there are visibility problems when parents drop off their children from the lower or upper parking lots, and the restrooms are also out of sight range. He noted there is no telephone near for emergencies or any way to get quick help if needed. He said the facility is not handicapped- accessible, nor is it large enough to accommodate hosting other communities. He said many people are already taking their children to the high school for lessons in swimming, track , or golf, and constructing tennis courts there could provide a “one-stop” Parks and Rec summer program. He said he felt the proposed 8-plex would provide a tremendous opportunity for a recreational tennis program for Ames. Mike Guffy, 2915 Forest Hills Drive, said Ames needs more tennis courts. He said an 8-court complex would allow for several functions the community cannot provide at this time, such as the Iowa Games, and would also better serve the Parks and Recreation Department’s programs. He said however, the Friends of Ames Tennis do not want to see Brookside courts removed. He said the Friends are willing to continue their efforts to find a way to raise funding to continue to maintain the Brookside courts. He said the Staff’s recommendation would allow them to do this. He said the proposed 8-plex has been estimated at $300,000, with an additional $100,000 cost for the land itself. He said they were asking the City to contribute $100,000 for what would amount to a $400,000 asset. Jami Larson, 3321 Ridgetop, said he too was speaking on behalf of the Friends of Ames Tennis. He displayed an illustration of the proposed 8-plex, and said in these times when various groups are talking about spending a great deal of money in the community, the Friends were proposing a unique opportunity for a partnership between agencies and a way to pool funds to construct an asset for all users, yet save the taxpayers $200,000. He said most of the private contributors do not have children presently involved in tennis, but are merely a group of residents trying to meet the recreational needs of the community. He asked that the Council approve the Staff’s recommendation. Cecelia Nassif, 2634 Cleveland, said she was a member of the Friends of Ames Tennis, and has lived in the community for 17 years. She said the number of tennis tournaments has decreased the past few years due to inadequate facilities. She said she felt the City and the tennis community would benefit from having a total of 12 courts available, as the proposed 8-plex and the Brookside courts would provide. She said the removal of the courts at Byer Hall has impacted the tennis community. She said she agreed the parking situation at the high school was not ideal, but said it was not ideal at any park facility in Ames. She said the School District has indicated they would set aside parking specifically for tennis. She said rebuilding the courts at Brookside would not be a good idea, as the restroom facilities are too far away and there is no seating for observers. She asked the Council to support the Staff recommendation, and to look at the possibility of rebuilding the Brookside courts if and when funding to do so became available. Ed Nassif, 3130 Aspen Road, said he was a tennis player and parent. He explained how a committee had been formed when the School District informed them funding for the proposed 8-plex would not be available. He said funds were raised with the understanding that the construction of the 8- plex would be a joint effort for joint use of the City and the school. He said it must be reminded that students are citizens, too. He urged the Council to approve the recommendation of the Parks and Recreation Department and of Staff. Holly Fuchs, 806 Brookridge, suggested that what the Brookside neighbors are asking for is a “modified Alternative 3 in the Staff report,” that is, they would like to know that the Council supports a long-term commitment to the maintenance of the Brookside tennis courts. 4 Motion by Campbell, Second by Tedesco, to adopt RESOLUTION NO. 97-634 agreeing to shift the $100,000 in the current Capital Improvements Plan to the Ames High School site and combine funding with the private contributions to build an 8-plex tennis court, and to direct City Staff to create an agreement with the School District wherein the District agrees to pay the City $2,500 annually for a period of ten years, beginning July 1, 1998, to help pay for the ongoing costs for maintaining the Brookside courts at a “recreational level” until the Council makes a final decision regarding the future existence of these courts. Coun. Tedesco called the Question, and Coun. Campbell Seconded the Motion. Vote on Motion to End Debate: 6-0. Motion declared carried unanimously. Roll Call Vote on Main Motion: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. AMES/ISU ICE ARENA MANAGEMENT AGREEMENT FOR FY 1998/99: Motion by Tedesco, Second by Wirth, to adopt RESOLUTION NO. 97-635 approving Ames/ISU Ice Arena management agreement for FY 1998/99. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. STAFF REPORT ON ZONING OPTIONS REGARDING PUBLIC SCHOOL ADMINISTRATION CENTER: School Superintendent Nick Johns said when Story County made the Ames School District an offer on the Lincoln Building, the School District accepted it and began looking for a new site for their Administration Building. He said there were two sites under consideration, one on 24th Street, and one on State Street where the Ames Middle School is currently located. He said the School Board had asked him to work with the City to begin the process to rezone the 24th Street site in anticipation of locating the new Administration Building there. He said the neighbors in that area are apparently supportive of wanting to have the Administration Building and a proposed new Middle School in that site. He said while the time frame for funding is uncertain, the School Board had directed him to actively pursue the rezoning of the 24th Street location. He said the Board has retained the State Street location as a second site. He said it was likely the Board would take a look at whether the community was ready for a second Middle School, but in the meantime would probably go ahead with building the School Administration Building. Mr. Johns said the Board does not want to select a site unless they are certain they can build the Administration Building on that site. He said it was a “chicken or the egg” situation. Planning and Housing Director Brian O’Connell reviewed how the Council had asked Staff to research options to allow the Ames School District to construct their central office facility at the 24th Street location, and gave background information on the status of the site at present. He said in Residentially zoned areas of the community, schools are a permitted use, but a Public Administration Center is not. He said to build Administration Center only would require either changing the zoning designation of the area, or changing what are the permitted uses of that zoning designation. He said at no time has the City indicated it would consider zoning this area Commercial. He noted the Staff Report presented three possible options which would allow the school’s Administration Building to be located at the 24th Street location without changing the base zoning designation of the area: 1) the Public School District Central Office could be described as 5 a permitted use in areas zoned R1-6; 2) the Central office could be described as a “special use,” and allowed only after receiving a permit from the Zoning Board of Adjustment, or 3) the Council could create a “floating zone” overlay to deal with the Administration Building as a singular use. The Council members discussed these options. There was also discussion regarding whether the Council wished to proceed now or wait for the School District to make a specific request. Don Heuss, 2137 Prairie View East, said he was present representing the Prairie View Neighborhood Association. He said he wished to thank Mr. O’Connell and the School Staff for coming out to meet with the neighborhoods. He said the neighborhoods all expect to see a school at this site, and said the Council had just indicated it was what they intended to see there. He said it was encouraging that perhaps a site like this could be built, and he felt it was perhaps merely an issue of timing. He said he would encourage the Council to consider Option 2, the Special Use Permit option. He said that way, they would not have to develop an entire regulation for only one use. He said the neighborhood sees this as a very feasible option for the construction of the School Administration Building. APPROVAL OF CONCEPT PLAN FOR FIFTH STREET STREETSCAPE PROJECT: Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 97-636 approving Concept Plan for Fifth Street Streetscape Project and authorizing consultants to prepare construction documents. Paul Popelka, Engineering Plus, 612 5th Street, said the intent was to put together a package for a $600,000 base bid project with line by line items, and with alternates. City Manager Steve Schainker asked whether that meant that if the bids came in at over $600,000 the Council could deduct from those line by line items, and Mr. Popelka said they could do so. He said the intent was to allow the Council a more flexible decision. When questioned about screening by street trees and bushes, Mr. Popelka said ideally, there would be screening from outside the public right-of-way as well. He said for example, there might be landscaping within private parking lots, which would help the view from the sidewalk. He said it was hoped some private dollars would be put into that effort as well as for some of the replacement of sidewalk. Mr. Popelka noted the proposed streetlights would cast light downward and would result in more efficient lighting. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 1997: When asked by Mayor Curtis, Sue Rybolt, Assistant Finance Director, said the City had received notification that it would be once again receiving the Government Finance Officer’s Award for the previous fiscal year ending June 30, 1996. She said it would be the 18th consecutive year the City had won the award. She said they planned to submit this year’s report as well. Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 97-637 approving Comprehensive Annual Financial Report for Fiscal Year ended June 30, 1997. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and 6 hereby made a portion of these minutes. AFFIRMATION OF DEVELOPMENT STIPULATIONS FOR AMETHYST PLACE SUBDIVISION: Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 97-638 affirming development stipulations for Amethyst Place Subdivision. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. GRANT AGREEMENT FOR GRAND AVENUE PLANTING PROJECT: Motion by Wirth, Second by Hoffman, to adopt RESOLUTION NO. 97-639 approving grant agreement for beautification of Grand Avenue underpass. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE DESIGNATING PARKING PROHIBITIONS ON FRONTAGE ROADS (Second passage tabled at November 25 meeting): Motion by Tedesco, Second by Campbell, to remove from the Table and to amend the ordinance to designate parking prohibitions at all times along all paved frontage roads with the exception of the West Lincoln Way Frontage Road, where parking shall be prohibited along the south side a distance of 50 feet east from Hickory Drive and a distance of 50 feet west from McDonald Drive, and on the north side from McDonald Drive west 70'. Mayor Curtis clarified that the Motion was to amend the ordinance, which was not the Staff’s recommendation. He said the Staff’s recommendation after surveying the situation is to prohibit parking along the entire south side of the West Lincoln Way frontage road, as there is enough parking along the north side of the road. Vote on Motion to Amend: 4-2. Voting Aye: Campbell, Parks, Quirmbach, Tedesco. Voting Nay: Hoffman, Wirth. Motion to Amend declared carried 4-2. Motion by Tedesco, Second by Campbell, to pass ordinance as amended on second reading. Roll Call Vote: 4-2. Voting Aye: Campbell, Parks, Quirmbach, Tedesco. Voting Nay: Hoffman, Wirth. Motion declared carried 4-2. HEARING ON 1997/98 STORM SEWER OUTLET EROSION CONTROL PROJECT (BRIGGS CIRCLE): Mayor Curtis declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 97-640 approving final plans and specifications and awarding contract to Armstrong Company, Inc. of Ames in the amount of $67,731.50. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON EAST 13TH STREET BIKE PATH PROJECT: Mayor Curtis declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. 7 Motion by Wirth, Second by Hoffman, to adopt RESOLUTION NO. 97-641 approving final plans and specifications and awarding contract to Armstrong Company, Inc. of Ames in the amount of $34,651.50. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. AMENDMENT TO TERM EXPIRATION DATE FOR COUNCIL MEMBER APPOINTEES TO TRANSIT AGENCY BOARD OF TRUSTEES: Motion by Campbell, Second by Tedesco, to pass on first reading an ordinance amending the term expiration date of Council Member appointees to Transit Agency Board of Trustees to May 15, to coincide with that of other Board members. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Campbell, Second by Tedesco, to suspend the rules regarding adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Tedesco, Second by Wirth, to pass on second and third readings and adopt ORDINANCE NO. 3471 amending term expiration date of Council Member appointees to Transit Agency Board of Trustees to May 15, to coincide with the expiration date of other Board members. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE DESIGNATING "NO PARKING ANYTIME" AREAS IN VARIOUS NEW SUBDIVISIONS: Motion by Quirmbach, Second by Wirth, to pass on first reading an ordinance designating parking prohibitions in the Bloomington Heights Subdivision (6th Addition), Wessex Subdivision, Hillside Subdivision (3rd Addition), Bentwood Subdivision (2nd Addition), and Somerset Subdivision (2nd Addition). Vote on Motion: 6-0. Motion declared carried unanimously. ORDINANCE REPEALING PROHIBITION OF BICYCLES ON GRAND AVENUE: Motion by Tedesco, Second by Wirth, to pass on third reading and adopt an ordinance repealing prohibition of bicycles on Grand Avenue. Roll Call Vote: 1-5. Voting Aye: Wirth. Voting Nay: Campbell, Hoffman, Parks, Quirmbach, Tedesco. Ordinance declared Failed 1-5. COMMENTS AND FUTURE AGENDA ITEMS: The Council members each expressed their thanks to Mayor Curtis and said how much they’ve enjoyed working with him. Mayor Curtis expressed his gratitude to his wife Pam for her patience and support. Coun. Wirth noted the Council members had recently received another letter requesting a ban on burning leaves. She described the air quality in the Central Ames this past October and November as “horrendous.” Motion by Wirth, Second by Campbell, to place discussion of leaf burning on future City Council agenda. Vote on Motion: 6-0. Motion declared carried unanimously. 8 Coun. Tedesco thanked Mayor Curtis for his years of service, and said he hoped he would consider serving the City further on issues in the future. ADJOURNMENT: The Regular meeting adjourned at 9:05 p.m. Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor 9