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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 05/28/1996OFFICIAL MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA MAY 28, 1996 The Ames City Council met in regular session at 5:00 p.m. on the 28th day of May, 1996, 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, Tedesco, and Wirth. Coun. Quirmbach arrived late. CALL TO ORDER: 5:00 p.m. WORKSESSION ON DRAFT LAND USE POLICY PLAN: Planning and Housing Director Brian O'Connell reviewed the Staff Report, and the Council Members asked questions regarding various implementation techniques proposed by the LUPP consultant. Coun. Quirmbach arrived at 5:06 p.m. Motion by Hoffman, Second by Parks, to delete the following from draft Land Use Policy Plan, Page 39, University Impacted Area, Off-Site Parking: "One means of increasing street parking is to convert streets to one-way pairs and to use the saved right-of-way for angular parking." Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Wirth, Second by Hoffman, to delete section on Oak Street Area Transition from draft LUPP, Page 51. Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Parks, Second by Campbell, to delete section on Low & Moderate-Income Housing Options - Replacement of Existing Housing, Page 100, draft Land Use Policy Plan. Vote on Motion: 3-3. Voting Aye: Campbell, Parks, Tedesco. Voting Nay: Hoffman, Quirmbach, Wirth. Mayor Curtis voted Aye to break the tie. Motion declared carried 4-3. RECESS: Mayor Curtis declared a recess at 7:05 p.m. RECONVENE: The regular meeting reconvened at 7:10 p.m. PRESENTATION TO CITY OF AMES FINANCE DEPARTMENT: Mayor Curtis presented the City of Ames Finance Department with the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year ending June 30, 1995, noting it was the 17th year of the Department receiving this award. Assistant Finance Director Sue Rybolt was present to accept the award on behalf of the City's Finance Department. CONSENT AGENDA: Motion by Tedesco, Second by Hoffman, to approve the following items on the Consent Agenda: Motion to approve payment of claims Motion to approve Official Minutes of the Special Meetings of May 13 and May 22 and of the Regular Meeting of May 14, 1996 Motion to approve certification of Civil Service applicants Motion to approve renewal of the following beer and liquor licenses: a. Class C Liquor - Krypton Club, 111 5th b. Special Class C Liquor - Cafe Carioca, 2408 Lincoln Way Motion to approve/deny authorizing City Manager to grant requests from downtown business owners for up to one-year Temporary Obstruction Permits to allow flower planters in the right- of-way RESOLUTION NO. 96-230 approving Final Plat for Northridge Subdivision, 14th Addition RESOLUTION NO. 96-231 authorizing Mayor to sign proxy form on behalf of City of Ames for voting at Paul Harris Stores' annual shareholders meeting RESOLUTION NO. 96-232 approving contract and bond in amount of $72,585.00 for '96-'97 Clear Water Diversion Program RESOLUTION NO. 96-233 approving contract and bond in amount of $41,449.80 for '96-'97 Concrete Repair Program RESOLUTION NO. 96-234 approving contract and bond in amount of $48,700.00 for Demolition of Arcadia Lodge 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 appeared to speak during this time. ENCROACHMENT PERMIT FOR VARSITY THEATERS: Motion by Hoffman, Second by Tedesco, to approve request from Varsity Theaters for encroachment permit to allow an awning at 2410 Lincoln Way. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST FROM AMES/ISU BICYCLE COMMITTEE FOR CHANGE IN STREET DESIGN STANDARDS: Motion by Hoffman, Second by Tedesco, to refer to Staff request from Ames/ISU Bicycle Committee for establishment of policy that all streets be constructed or repaired with asphalt extending to the curb. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON FINAL AMENDMENTS FOR FY 1995/96 BUDGET: Mayor Curtis declared the public hearing open. Budget Officer Carol Collings reviewed highlights of Staff Report. There being no one present wishing to testify, the public hearing was declared closed. Motion by Hoffman, Second by Tedesco, to adopt RESOLUTION NO. 96-235 amending current budget for Fiscal Year ending June 30, 1996. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON PROPOSED AMENDMENT TO MUNICIPAL CODE FOR PURPOSE OF ADDING A DEMOLITION MORATORIUM OVERLAY DISTRICT TO ZONING REGULATIONS: Mayor Curtis declared the public hearing open. Mike Carter, 1301 Top-O-Hollow, said he opposed the proposed ordinance, which he felt was a result of his plans to replace an existing multi-family building at 1011 Kellogg with an apartment building. He said there were concerns that his plans would demolish a single-family dwelling, when in actuality, the building had been an apartment building for nearly 60 years. He said he felt the Council was trying to respond to a problem that doesn't exist, and questioned 2 how many single-family homes in the area have been demolished or proposed for multi-family use in the past 5-10 years. He described his efforts and expenditures thus far to redevelop the property, and said the problems in the building were due to long-standing and existing conditions rather than deferred maintenance. He said his decision to demolish the building was in compliance with the City's current zoning regulations. He said the proposed ordinance may unintentionally contribute to further deterioration of this and other buildings. He said there was no precedent for the proposed ordinance in Iowa, and said if adopted, it would set a bad precedent here in Ames. He said if a demolition moratorium were truly necessary, it should be applied on a citywide basis. He said to single out a particular area was poor public policy. Rae Haws, 812 Douglas, said as President of the Historic Neighborhood's Board of Directors and as a homeowner, she was in favor of the proposed ordinance. She said the neighborhood's interest has been to maintain the existing density of the area, rather than trying to change it. She said in the past year, at least one single-family home in the area was demolished and a 4-plex constructed in its place. Walter Anderson, 808 Douglas Avenue, spoke in favor of the proposed ordinance. He noted most presentations would be anecdotal rather than based on hard data. He said the proposed moratorium does have a larger support base in the community, and has been reviewed and endorsed by groups such as the Planning & Zoning Commission. He said it was a sensible policy to implement, creating the necessary time to develop a proper policy for a vulnerable area that was often in conflict and for other areas in the community where similar questions may develop. Martha Selby, 821 Kellogg, said she supported the proposed ordinance. She said she was a Board Member of the Ames Community Pre-School and noted the school owned three houses in the area. She said while the Board had questions regarding how the proposed ordinance might affect any future redevelopment of the site for a new daycare facility, there was a possibility of being able to use the existing structures. She said she was also a property owner, having purchased multi-family property in the area and converted it to residential. She expressed concern that the proposed ordinance would be unenforceable, due to the low fee as penalty for violation. There being no one present wishing to testify, the public hearing was declared closed. Motion by Wirth, Second by Hoffman, to pass on first reading an ordinance amending the Municipal Code for the purpose of adding a demolition moratorium overlay district to the Zoning Regulations. Motion by Tedesco, Second by Parks, to amend the Main Motion to provide that a property owner may submit a registered or professional engineer's decision regarding whether a building was structurally sound or "dangerous," rather than having such decision be made by the City's Building Official. Vote on Motion to Amend: 1-5. Voting Aye: Tedesco. Voting Nay: Campbell, Hoffman, Parks, Quirmbach, Wirth. Motion to Amend declared failed 1-5. Motion by Tedesco, Second by Parks, to amend the Main Motion to remove the provision in the proposed ordinance that states an area may be made 3 subject to a second 6-month demolition moratorium overlay zone. Vote on Motion: 1-5. Voting Aye: Tedesco. Voting Nay: Campbell, Hoffman, Parks, Quirmbach, Wirth. Motion to Amend declared failed 1-5. Roll Call Vote on Main Motion: 5-1. Voting Aye: Campbell, Hoffman, Parks, Quirmbach, Wirth. Voting Nay: Tedesco. Motion declared carried 5-1. HEARING ON PROPOSED AMENDMENT TO ZONING MAP TO APPLY DEMOLITION OVERLAY ZONE TO AREA GENERALLY DESCRIBED AS THE "CENTRAL AMES" AREA: Mayor Curtis declared the public hearing open. There being no one present wishing to testify further, the public hearing was declared closed. Motion by Hoffman, Second by Campbell, to pass on first reading an ordinance amending the Zoning Map to apply a demolition overlay zone to the area generally described as the "Central Ames" area. Roll Call Vote: 5-1. Voting Aye: Campbell, Hoffman, Parks, Quirmbach, Wirth. Voting Nay: Tedesco. Motion declared carried 5-1. ENGINEERING REPORT ON WET WEATHER FLOW TREATMENT PROJECT: Motion by Hoffman, Second by Tedesco, to adopt RESOLUTION NO. 96-236 accepting engineering report on Wet Weather Flow Treatment Project and authorizing Staff to negotiate a contract with Rieke Carroll Muller Associates (RCM) of Minnetonka, Minnesota for Segment 1 engineering services. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. LIME SLUDGE DISPOSAL FOR WATER PLANT: Motion by Wirth, Second by Tedesco, to adopt RESOLUTION NO. 96-237 authorizing immediate relocation of existing two-circuit 13.8 kV electric transmission line located on properties adjacent to one-time disposal site, and approving revised financing plan from Water and Electric Funds as presented in the Staff Report. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PROPERTY AND LIABILITY INSURANCE: Motion by Tedesco, Second by Wirth, to adopt RESOLUTION NO. 96-238 accepting proposal from St. Paul Insurance Company for liability, automobile, excess, transit, property/boiler, machinery, law enforcement, and public officials' coverages for 1996-97 in the amount of $522,941. Risk Manager Jon-Scott Johnson reviewed the Staff Report. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CONCEPTUAL DEVELOPMENT PLAN FOR WILLOW CREEK ESTATES FIFTH ADDITION (SOUTH DAKOTA PARK) (TABLED FROM MAY 14, 1996): Motion by Campbell, Second by Tedesco, to adopt RESOLUTION NO. 96-239 approving Conceptual Development Plan for Willow Creek Estates Fifth Addition with stipulations as listed in the Staff Report. 4 Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. AMENDMENT TO PLANNED-INDUSTRIAL PLAN FOR ISU RESEARCH PARK: Motion by Hoffman, Second by Parks, to adopt RESOLUTION NO. 96-240 approving request for Planned-Industrial Plan Amendment to allow landscaping changes, patio area and walkway revisions, lighting, and a sign structure at 2321 North Loop Drive in the Iowa State University Research Park. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. AMENDMENT TO PLANNED-COMMERCIAL PLAN FOR THEATERS AT NORTH GRAND MALL: Motion by Wirth, Second by Parks, to adopt RESOLUTION NO. 96-241 approving amendment to Planned-Commercial Plan to allow installation of sign and movie poster display board at 2801 Grand Avenue (North Grand Mall). Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PROFESSIONAL SERVICES AGREEMENT FOR PLANNING SERVICES: Motion by Wirth, Second by Tedesco, to adopt RESOLUTION NO. 96-242 approving contract between the City of Ames and Snyder & Associates for Planning Services. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REQUEST FROM HUBBELL REALTY COMPANY FOR CHANGE IN PARKING REGULATIONS AT MAIN STREET STATION PARKING LOT: Motion by Tedesco, Second by Campbell, to direct City Attorney to prepare ordinance to allow free long-term parking in lot west of Garden Cafe at Main Street Station every day except from 2:00 a.m. to 4:00 a.m. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST FROM HUBBELL REALTY COMPANY FOR HANDICAP ACCESSIBLE CURB CUT ON CLARK AVENUE: Motion by Wirth, Second by Tedesco, to deny request from Hubbell Realty to allow construction of handicap accessible curb cut on Clark Avenue, due to concerns about pedestrian safety at the crossing location. Vote on Motion: 5-1. Voting Aye: Campbell, Hoffman, Parks, Tedesco, Wirth. Voting Nay: Quirmbach. Motion declared carried 5-1. Motion by Parks, Second by Campbell, to direct Staff to investigate previous approval of temporary truck loading zone on Clark Avenue, and to schedule revisitation of that issue on June 11, 1996 Council agenda. Vote on Motion: 6-0. Motion declared carried unanimously. ORDINANCE TO PROHIBIT TOUCHING BETWEEN NUDE OR NEARLY NUDE PERFORMERS AND CUSTOMERS: Motion by Campbell, Second by Wirth, to direct City Attorney to prepare an ordinance to prohibit touching between nude or nearly nude performers and customers. Vote on Motion: 6-0. Motion declared carried unanimously. ORDINANCE PROHIBITING POSSESSION OF ALCOHOLIC LIQUOR, WINE, OR BEER 5 UNDER LEGAL AGE: Motion by Hoffman, Second by Parks, to pass on first reading an ordinance prohibiting possession of alcoholic liquor, wine, or beer under legal age. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE AMENDING MUNICIPAL CODE REGARDING PROCEDURE FOR SETTING SPECIAL CITY COUNCIL MEETINGS: Motion by Wirth, Second by Parks, to pass on first reading an ordinance amending Municipal Code regarding procedure for setting Special City Council meetings. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Parks, Second by Wirth, to suspend the rules required for adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Hoffman, Second by Parks, to pass on second and third readings and adopt ORDINANCE NO. 3383 amending Municipal Code regarding procedure for setting Special City Council meetings. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE CHANGE TO CLARIFY PARKING RESTRICTIONS AND DESIGNATE PARKING PROHIBITIONS ON PEARSON AVENUE AND GREELEY AVENUE: Motion by Hoffman, Second by Campbell, to pass on second reading an ordinance amending Municipal Code to clarify parking restrictions on Pearson Avenue and Greeley Avenue, and to designate parking prohibitions between driveways at 311 and 317 Pearson Avenue. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE DESIGNATING PARKING PROHIBITIONS IN VICINITY OF MID-BLOCK TRAFFIC SIGNAL AT NORTHWOOD SCHOOL: Motion by Wirth, Second by Campbell, to pass on second reading an ordinance designating parking prohibitions in vicinity of mid-block traffic signal at Northwood Elementary School. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE DESIGNATING PARKING PROHIBITIONS IN HILLSIDE SUBDIVISION, 2ND ADDITION: Motion by Hoffman, Second by Wirth, to pass on third reading and adopt ORDINANCE NO. 3382 designating parking prohibitions in Hillside Subdivision, 2nd Addition. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS AND FUTURE AGENDA ITEMS: Motion by Campbell, Second by Parks, to set 5:00 p.m. on June 20, 1996 as date of Special Council Meeting for final presentation of the Downtown Development Plan. Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Parks, Second by Tedesco, to set 5:00 p.m. on July 23, 1996 as date of worksession on water system pressure, to be followed by the regular Council meeting. Vote on Motion: 6-0. Motion declared carried unanimously. ADJOURNMENT: The meeting adjourned at 8:25 p.m. 6 Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor 7