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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 03/08/1994MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA MARCH 8, 1994 The Ames City Council met in regular session at 7:00 p.m., March 8, 1994, in the City Council Chambers in the City Hall, 515 Clark Avenue, pursuant to law with Mayor Curtis presiding and the following Council Members present: Campbell, Hoffman, Parks, Tedesco, and Wirth. Council Member Brown was absent. PROCLAMATION FOR NATIONAL GIRL SCOUT WEEK: Members of Girl Scout Troop 910 and Leader Julie Charleson led those present in reciting the Pledge of Allegiance. Mayor Curtis presented the troop with a proclamation stating that the week of March 5-12, 1994, was Girl Scout Week in Ames. CONSENT AGENDA: Moved by Tedesco, seconded by Parks, to approve the following items on the Consent Agenda: Motion to approve payment of claims. Motion to approve minutes of the special meetings of February 4, 8, 9, and 10, and of the regular meeting of February 22, 1994. Motion to approve certification of Civil Service applicants. Motion to approve renewal of the following beer and liquor licenses: a) Special Class C Liquor - Valentino's, 2500 Ferndale Avenue. b) Special Class C Liquor - Cafe Beaudelaire, 2504 Lincoln Way. c) Class C Beer - Pump 'n Party, 223 Lincoln Way. d) Class A Liquor - B.P.O. Elks, 522 Douglas Avenue. e) Class E Beer - Cyclone Liquors, 626 Lincoln Way. Motion to waive deadline for Utility Retirement System options. RESOLUTION NO. 94-78 accepting Municipal Utility Retirement System Actuarial Report. RESOLUTION NO. 94-79 approving request to subordinate mortgage lien for property located at 406 Ken Maril Road. RESOLUTION NO. 94-80 approving release of housing rehabilitation liens for flood buy-out program. RESOLUTION NO. 94-81 approving subordination agreement for CMS, Inc., to Norwest Bank. RESOLUTION NO. 94-82 authorizing deed for vacated street in Original Town of Ontario. RESOLUTION NO. 94-83 accepting payment of developer's share for R-50 lane. RESOLUTION NO. 94-84 approving contract and bond for Jensen Road Company of Des Moines for South 16th Street Twin Box Culvert Project. RESOLUTION NO. 94-85 approving plans and specifications for Ames/ISU Ice Arena Parking Lot; setting April 6, 1994, as bid due date and April 12, 1994, as date of public hearing and award of contract. RESOLUTION NO. 94-86 approving plans and specifications for Chestnut Street/Duff Avenue Signal Project; setting April 4, 1994, as bid due date and April 12, 1994, as date of public hearing and award of contract. RESOLUTION NO. 94-87 approving plans and specifications for the 1994 Joint Sealing Program; setting April 4, 1994, as bid due date and April 12, 1994, as date of public hearing and award of contract. RESOLUTION NO. 94-88 approving plans and specifications for the 1994 Slurry Seal Program; setting April 4, 1994, as bid due date and April 12, 1994, as date of public hearing and award of contract. RESOLUTION NO. 94-89 accepting bids and awarding contract to J. W. Warren Customer Services in the total estimated amount of $26,736.00 for mowing and trimming services for cemetery grounds. RESOLUTION NO. 94-90 accepting bids and awarding contract to Spreitzer, Inc., in the amount of $82,443.00 for articulated wheel loader bucket, dozer blade, and reversible snow plow. RESOLUTION NO. 94-91 accepting bids and awarding contracts for fleet vehicles to Ron Willey Ford, Inc., in the amount of $34,320.59 and to Pat Clemons, Inc., in the amount of $10,475.01. Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: No one appeared for this portion of the meeting. REQUEST FROM CENTER FOR ADDICTIONS RECOVERY: Moved by Campbell, seconded by Hoffman, to approve a request from the Center for Addictions Recovery for designation of $30,000 towards the purchase of a computer system, subject to agreement by Federal and State officials. When questioned by Council, Sheila Lundt, Assistant to the City Manager, explained that normally City funding was designated towards treatment costs. Federal monies cannot be used for capital expenditures. Therefore, operating dollars would be obtained from the Federal government, and City money would be used for the capital purchase of a computer system. David Sahr, Executive Director of the Center for Addictions Recovery, stated that $30,000 of City funding would be utilized towards the purchase of a computer system and programming of a data base which would be used to access collated information that can only be accessed manually at this time. Vote on Motion: 5-0. Motion declared carried unanimously. HEARING ON PROPOSED FY 1994-95 BUDGET: Mayor Curtis declared the hearing open. There being no one present wishing to testify, the hearing was declared closed. Moved by Tedesco, seconded by Hoffman, to adopt RESOLUTION NO. 94-92 the Fiscal Year 1994-95 Budget as amended. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON REMOVAL OF GINKGO TREES: Mayor Curtis declared the hearing open. Gay Stone, 1613 Top-O-Hollow Road, felt that all reasonable alternatives should be implemented prior to removal of the trees in the downtown area. Richard Fisher, Vice-President at Firstar Bank, stated that the bank was in favor of removing two trees adjacent to their property. They had received many customer complaints in regards to the odor and safety issues with the seeds dropping on the sidewalks and street. Wilma Leson, 336 Rockwell Avenue, indicated that City Staff could be assigned to clean up the seeds dropping from the female ginkgo trees just as City crews perform snow removal in the downtown area. She felt that the City should look at ways to preserve the trees. Mayor Curtis declared the hearing closed. Council Member Wirth stated that she would like to see the City pursue some of the options in controlling the problems with the female ginkgo trees in lieu of cutting them down. Mark Reinig, Economic Development Technician, explained that labor costs would be the main expense associated with maintaining the trees. Spraying the trees would be labor-intensive. The other options discussed regarding maintenance of the trees were netting, picking the seeds, and cleaning the sidewalks and streets. Mr. Reinig stated that complaints have been received about the trees for several years. He further explained that the majority of the 16 ginkgo trees were fruit-bearing, but not all were mature at this time. Council Member Parks questioned whether the ginkgoes could be removed, transplanted elsewhere, and replaced with a different variety of tree. Mr. Reinig indicated that some of the infrastructure would need to be dug up in order to remove the large trees. Discussion was held regarding the cost factors associated with the other alternatives in lieu of digging up and transplanting the trees. Council Member Parks stated that the Council needed to compare costs of all of these options on an annual basis. Moved by Parks, seconded by Tedesco, to review the alternatives of maintaining the ginkgo trees versus removal, transplanting, and replacement of those trees, and to direct Staff to provide cost estimate evaluations associated with each of the maintenance alternatives and transplanting/replacement. Vote on Motion: 5-0. Motion declared carried unanimously. FLOOD RECOVERY PROGRAM BUY-OUT: Vanessa Baker-Latimer explained Staff's frustrations with the government agencies that administer FEMA funding. At this point, the City's only commitment was money from CDBG supplemental funds. Last week, Staff received word from the FEMA office that if CDBG funds were utilized to purchase homes in advance of receiving notice of award for FEMA 404 monies, then the CDBG funds would no longer be recognized as the 25% required local match for the remaining properties yet to be purchased. City Manager Steve Schainker reported that the City has not received any written notification, however, we have been orally assured that the CDBG funds would count towards the local match. He further reported that there was some risk in proceeding with the purchase of the 13 properties at this time, however, the City was prepared to move ahead. Ms. Baker-Latimer stated that offers have been made to 13 property owners in the South Russell, Riverside, Maple, and Hazel Neighborhoods. She asked that the City Council accept all of the purchase offers with the exception of one with Jani and Mossart Abbasi. Mr. Abbasi had added language to the purchase agreement, which the City was not willing to accept. City Attorney, John Klaus, stated that the additional language seemed to reserve some rights to the seller, and he could not advise that this language be used. Moved by Tedesco, seconded by Parks, to adopt RESOLUTION NO. 94-93 accepting the purchase offers for properties in the South Russell, Riverside, Maple, and Hazel Neighborhoods and accepting the offer as originally presented by the City of Ames for the Abassi property, subject to the seller's signature on the purchase offer. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PROPOSAL FOR PURCHASE OF OLD CITY HALL: Council Member Tedesco stated that it would be best to table consideration of this proposal until after it was determined whether or not a developer's agreement could be negotiated between the City and Christopher Wass. City Staff indicated that they were hoping to reach an agreement with Mr. Wass by April 1, 1994. Moved by Tedesco, seconded by Parks, to table consideration of the proposal from Greg Coy for purchase of the Old City Hall Building until after it is determined whether a developer's agreement for this property can be negotiated between the City of Ames and Christopher Wass. Vote on Motion: 3-2. Voting Aye: Hoffman, Parks, Tedesco. Voting Nay: Campbell, Wirth. Absent: Brown. Motion carried. LUPP AMENDMENT: Moved by Wirth, seconded by Parks, to adopt RESOLUTION NO. 94-94 approving the request to change the LUPP map designation for property generally located southwest of the intersection of Elwood Drive and Oakwood Road and surrounding areas be amended from A (Agricultural) to RL (Residential Low-Density) with stipulations as recommended by the Planning and Zoning Commission. Brian O'Connell, Director of Planning and Housing, highlighted aspects of the request to amend the Land Use Policy Plan (LUPP). The subject property is currently outside the corporate limits of Ames, however, designating changes to the LUPP map would allow a developer to build 264 apartment units in this agricultural area. He indicated that the surrounding area could encompass as many as 1,200 acres for new growth opportunities. Mr. O'Connell highlighted existing land uses in the subject vicinity. It was City Staff's recommendation that the Council approve the requested amendment to the LUPP map with the subject property being designated as RM (Medium-Density Residential). However, the Planning and Zoning Commission approved the request with the recommendation that the property be designated RL (Low-Density Residential). Mr. O'Connell reported on the current status of streets and traffic patterns and water and sewer systems for the property and surrounding areas as well as future infrastructure needs for the development of this area. At this time, Mr. O'Connell gave an analysis of four options designating land use changes to the property and surrounding area. Considerable discussion was held regarding open space land use designation for parks. Council Member Parks indicated that Council should not act on an option for the open space designation as that land use is not currently in the LUPP. He further indicated that he was concerned with this type of designation because Council would be sending a message to the property owner that his land would be utilized for public use. He felt the Council would be setting a precedent by initiating the open space designation. There was discussion regarding the legalities of designating open space on property not acquired if the use of the land has been limited. Planning and Housing Director O'Connell stated that it was recommended that the park designation be included with any one of the four alternatives presented at tonight's meeting. Mr. O'Connell noted that both the Planning and Zoning Commission and residents of the neighborhood near the subject property expressed concerns for the safety of motorists and pedestrians using Oakwood Road. He informed those present that a third lane will be constructed on the south side of the existing paved surface for Oakwood Road from Elwood Drive to the west property line of the subject property. Also, a left/right turning lane would be marked between the east and west-bound lanes. He further stated that the developer has indicated his willingness to construct a hard-surfaced bike path south of the paved surface for Oakwood Road. Mr. O'Connell reported on the access to the site from Oakwood Road and Elwood Drive. It has been determined that two accesses are needed, with one located on Oakwood and the other on Elwood. More discussion centered on the extension of the sanitary sewer and water mains to this property and the division of costs for their extension. Steve Harder, Rural Route 5, Ames, Iowa, stated that he owned property where Staff has proposed the sanitary sewer line extension. He further stated that the area is a natural resource region, and he hoped that the sewer extension might be engineered so that it would pass through farmland. James Strohman, 2710 White Oak Circle, appeared before the Council as representative from the Oakwood neighborhood. He reiterated the residents' concerns over the safety of pedestrians and bicyclists on the area roadways. Mr. Strohman stated that Oakwood Road had no shoulder area, and the road as well as the speed limit needed to be addressed in the planning stages. He was concerned that the area would be over-developed with apartment complexes. Bonnie Homstad, 2721 Burr Oak Circle, read a statement which addressed her concerns over the lack of single-family dwellings in the City. She also voiced concerns regarding the safety issues on Oakwood Road. Mrs. Homstad urged the Council to consider this development proposal carefully. Gene Wilczewski, the developer from Omaha, Nebraska, explained that his development proposal was an opportunity for the City of Ames. He further explained that affordable housing was needed in the Ames marketplace, and the units which he builds would be very appealing to that market. He stated that although there were safety issues involved with developing the proposed property, he felt that those issues would be addressed during the planning and development stages. Mr. Wilczewski indicated that he was trying to develop a neighborhood, not just an apartment community, and he was hopeful that all involved would look at this development project as an opportunity, and not a problem. More discussion was held regarding the designation of park space and medium density versus low density in the residential area. Moved by Hoffman, seconded by Parks, to amend approval of the LUPP map amendment by removing the "Open Space" designation. Vote on Motion: 5-0. Motion declared carried unanimously. Council Member Tedesco felt that, with the development of the subject property, the Council has the opportunity to deal with the affordable housing issue by designating a medium density residential area along the property as well as further south along Elwood Drive. Moved by Tedesco, seconded by Parks, to amend approval of the LUPP map amendment by designating the subject property as well as the area south of the subject property along Elwood Drive as RM (Medium Density Residential). Vote on Motion: 1-4. Voting Aye: Tedesco. Voting Nay: Campbell, Hoffman, Parks, Wirth. Motion failed. Moved by Parks, seconded by Tedesco, to amend approval of the LUPP map amendment by designating the subject property as RM (Medium Density Residential). Vote on Motion: 3-2. Voting Aye: Campbell, Parks, Tedesco. Voting Nay: Hoffman, Wirth. Motion carried. Roll Call Vote on Motion as Amended: 3-2. Voting Aye: Campbell, Parks, Tedesco. Voting Nay: Hoffman, Wirth. Resolution failed. Moved by Parks, seconded by Hoffman, to adopt RESOLUTION NO. 94-94 approving the request to change the LUPP map designation for property generally located southwest of the intersection of Elwood Drive and Oakwood Road and surrounding areas be amended from A (Agricultural) to RL (Residential Low-Density) without the "Open Space" designation and with stipulations as recommended by the Planning and Zoning Commission. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. FLEXIBLE BENEFITS PROGRAM: Scott Johnson, Risk Manager, reviewed what the Flexible Benefits Program would entail and gave background on the process for selection of a third-party administrator. Staff has been successful in negotiating with Iowa Benefits, and will share potential FICA savings derived from not having to pay those taxes on the portion of an employee's monthly allotment on a pretax basis. Council Member Tedesco felt that it would be a high priority to advise City employees that this program could be detrimental to retirement benefits and that there could be some potential liability. Moved by Parks, seconded by Hoffman, to adopt RESOLUTION NO. 94-95 approving the Flexible Benefits Program and selecting Iowa Benefits as the provider of administration for this program for the City of Ames. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. RENTAL HOUSING INSPECTION FEES: Moved by Parks, seconded by Wirth, to adopt RESOLUTION NO. 94-96 approving the rental housing inspection fee schedule for 1993-94. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. AUDITOR'S REPORT: Sue Rybolt, Assistant Finance Director, stated that the CPA firm of KPMG Peat Marwick had completed their examination of the combined financial statements of the City of Ames. Ms. Rybolt noted that the auditor's only comment regarding internal control procedures concerned the recording of major construction projects components, and the City has instituted their recommendation. Moved by Wirth, seconded by Parks, to adopt RESOLUTION NO. 94-97 approving the auditor's report to management for the year ended June 30, 1993. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMPREHENSIVE ANNUAL FINANCIAL REPORT: Moved by Parks, seconded by Tedesco, to adopt RESOLUTION NO. 94-98 approving the Comprehensive Annual Report for the fiscal year ended June 30, 1993. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. TRUCK LOADING ZONE ORDINANCE: Moved by Hoffman, seconded by Parks, to pass on first reading an ordinance changing the time designated for the truck loading zone on Lincoln Way in the Campustown area to 6:00 a.m.-6:00 p.m., Monday through Friday, and to 6:00 a.m.- 11:00 a.m. on Saturday. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Parks, seconded by Campbell, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Parks, seconded by Campbell, to pass on second and third readings and adopt ORDINANCE NO. 3263 changing the time designated for the truck loading zone on Lincoln Way in the Campustown area to 6:00 a.m.-6:00 p.m., Monday through Friday, and to 6:00 a.m.- 11:00 a.m. on Saturday. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REGARDING UNDER-AGE PERSONS ON PREMISES OF BARS: Chief Dennis Ballantine reviewed the process of approval for allowing under-age persons to attend events held in bars or nightclubs while alcohol is being served. He reported that there were different mandates required for non-profit and for-profit organizations wanting to host events in these establishments, however, these requirements cause confusion and inconsistencies. Chief Ballantine felt that the same set of pre-approved plans for both situations should be adhered to. Staff is requesting that the Council grant the Police Chief authority to waive ordinance requirements associated with parties which allow minors in bars/nightclubs. Council Member Parks indicated that if a violation occurred, Staff needed to stipulate that the establishment and/or organization would not be allowed to host such an event for a one-year period. Moved by Campbell, seconded by Parks, to pass on first reading an ordinance granting authority to the Chief of Police to waive the ordinance requirements allowing minors in bars/nightclubs during parties sponsored by non-profit organizations or ceremonial dinners/banquets sponsored by for-profit organizations. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE REZONING PROPERTY AT 5212 LINCOLN WAY: Moved by Parks, seconded by Campbell, to pass on second reading an ordinance amending the zoning map to rezone 5212 Lincoln Way from A-1 (Agricultural) to R1-6 (Low-Density Residential). Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Hoffman, seconded by Parks, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Hoffman, seconded by Parks, to pass on third reading and adopt ORDINANCE NO. 3264 amending the zoning map to rezone 5212 Lincoln Way from A-1 (Agricultural) to R1-6 (Low-Density Residential). Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. STORMWATER DRAINAGE ORDINANCE: Moved by Parks, seconded by Campbell, to pass on second reading an ordinance declaring the City of Ames, Iowa, as a stormwater drainage system district for the purpose of establishing and providing for the collection of rates for a stormwater drainage system. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Hoffman, seconded by Parks, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Hoffman, seconded by Parks, to pass on third reading and adopt ORDINANCE NO. 3265 declaring the City of Ames, Iowa, as a stormwater drainage system district for the purpose of establishing and providing for the collection of rates for a stormwater drainage system. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE DESIGNATING PARKING RESTRICTIONS IN BROOKVIEW PLACE, SUBDIVISION, FIRST ADDITION: Moved by Parks, seconded by Campbell, to pass on second reading an ordinance designating parking restrictions along the south side of Virginia Circle, Nevada Circle, Maryland Street, Ohio Circle, Texas Circle, along the west side of Nebraska Avenue, and on the east side of California Avenue, all in Brookview Place Subdivision, First Addition. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Hoffman, seconded by Parks, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Hoffman, seconded by Parks, to pass on third reading and adopt ORDINANCE NO. 3266 designating parking restrictions along the south side of Virginia Circle, Nevada Circle, Maryland Street, Ohio Circle, Texas Circle, along the west side of Nebraska Avenue, and on the east side of California Avenue, all in Brookview Place Subdivision, First Addition. Roll Call Vote: 5-0. Ordinance adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE DESIGNATING ALTERNATE SIDE PARKING: Moved by Parks, seconded by Campbell, to pass on second reading an ordinance designating alternate side parking restrictions with a 5:00 p.m. to 8:00 a.m. change-over period on 11th and 12th Streets from Duff Avenue to Carroll Avenue. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Hoffman, seconded by Parks, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Hoffman, seconded by Parks, to pass on third reading and adopt ORDINANCE NO. 3267 designating alternate side parking restrictions with a 5:00 p.m. to 8:00 a.m. change-over period on 11th and 12th Streets from Duff Avenue to Carroll Avenue. Roll Call Vote: 5-0. Ordinance adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REZONING LAND GENERALLY LOCATED SOUTH OF LINCOLN WAY AND WEST OF COLLEGE CREEK SUBDIVISION: Moved by Parks, seconded by Wirth, to pass on third reading and adopt ORDINANCE NO. 3260 amending the zoning map to rezone land generally located south of Lincoln Way and west of College Creek Subdivision from A-1 (Agricultural) to R1-6 (Low-Density Residential). Roll Call Vote: 5-0. Ordinance adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE CHANGING OVERNIGHT PARKING RESTRICTIONS: Moved by Parks, seconded by Wirth, to pass on third reading and adopt ORDINANCE NO. 3261 changing overnight parking restrictions to a "2:00 a.m.-6:00 a.m. everyday" prohibition along the metered parking areas on Lincoln Way from Sheldon Avenue to Lynn Avenue, and on Hayward Avenue from Lincoln Way to Chamberlain Street. Roll Call Vote: 5-0. Ordinance adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REGARDING PRIVATE PARKING LOT REGULATION: Moved by Parks, seconded by Wirth, to pass on third reading and adopt ORDINANCE NO. 3262 requiring owners of private parking lots to post adequate signage before police officers would ticket unauthorized vehicles. Roll Call Vote: 5-0. Ordinance adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Council Member Campbell questioned Staff about the status of the LUPP Steering Committee. Planning and Housing Director Brian O'Connell stated that members have been notified of their selection to this committee, and they are intending to call a meeting within the next two to three weeks. Mayor Curtis had received a request of support from the mayor of Iowa City regarding lobbying efforts at the State legislature for posting of larger yard signs in lawns that are chemically treated. Council Member Tedesco requested a Municipal Code Book. ADJOURNMENT: The meeting adjourned at 9:45 p.m. __________________________________ _______________________________________ Jill Ripperger, Acting City Clerk Larry R. Curtis, Mayor