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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 09/27/1994MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA SEPTEMBER 27, 1994 The Ames City Council met in regular session at 7:00 p.m., September 27, 1994, in the City Council Chambers in the City Hall, 515 Clark Avenue, pursuant to law with Mayor Pro Tem John Parks presiding and the following Council Members present: Brown, Campbell, Hoffman, Parks, Tedesco, and Wirth. Mayor Curtis was absent. PROCLAMATION FOR FIRE PREVENTION WEEK: Mayor Pro Tem Parks presented a proclamation to Fire Inspector John Dethrow, designating October 9 through 15, 1994 as Fire Prevention Week within the City of Ames. CONSENT AGENDA: Mayor Pro Tem Parks noted the amended agenda included an addition to the Consent Agenda. Motion by Hoffman, Second by Wirth, to approve the following items on the Consent Agenda, removing Item 3 for separate consideration: Motion to approve payment of claims Motion to approve minutes of the special meetings of August 29 and 30, September 7, 8, and 9, 1994 (Removed for separate consideration; see action at the end of this section) Motion to approve renewal of the following beer and liquor licenses: a. Class B Beer - Happy Joe's, 551 South Duff b. Class C Beer - Arnie's Petro Palace, 821 Lincoln Way c. Class E Beer - Save-U-More, 538 South Duff d. Class C Liquor - Wallaby's, 3720 West Lincoln Way e. Class E Beer - Hy-Vee Food Store, 3600 West Lincoln Way Motion to refer to Planning and Zoning Commission a request for annexation of property located North of Bloomington Road and West of Bloomington Hts. RESOLUTION NO. 94-403 approving appointment of Merlin Hove, Electric Utility Director, as U.S. Environmental Protection Agency Designated Representative, and Gary Titus, Assistant Electric Utility Director, as Designated Alternate RESOLUTION NO. 94-404 approving and adopting Municipal Code Supplement RESOLUTION NO. 94-405 approving Annual Street Finance Report RESOLUTION NO. 94-406 approving Final Plat for Country Gables, 8th Addition RESOLUTION NO. 94-407 approving release of housing rehabilitation mortgages RESOLUTION NO. 94-408 approving agreement with Youth & Shelter Services for Monitoring Juveniles RESOLUTION NO. 94-409 accepting completion of subdivision improvements in ISU Research Park, 2nd Addition RESOLUTION NO. 94-410 accepting completion of subdivision improvements at 1021 Airport Road Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SEPARATE CONSIDERATION: MINUTES OF SPECIAL MEETING OF SEPTEMBER 8, 1994: Coun. Tedesco cited an amendment to the Minutes of the Special Meeting of September 8, 1994, to include the following groups in the proposed steering committee for the Downtown Development Plan: Major Retailers, Major Employers, Lincoln Way representatives. Motion by Tedesco, Second by Hoffman, to approve the Minutes of the Special Meeting of September 8, 1994 as amended. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON PROPOSED ISSUANCE AND SALE OF $2,015,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1994B: Mayor Pro Tem Parks declared the public hearing open. David Dirks, Evensen Dodge, said 9 bids on the proposed issue were received this afternoon, with the low bid submitted by First Tennessee Bank of Overland Park, Kansas. He said a net interest rate of 5.31% was represented. He said the rating agencies confirmed the City's outstanding rating of AA-1 and AA. There being no one further wishing to speak, the public hearing was declared closed. Motion by Hoffman, Second by Wirth, to adopt RESOLUTION NO. 94-411 providing for award and issuance of $2,015,000 General Obligation Corporate Purpose Bonds, Series 1994B, and providing for the levy of taxes to pay the 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 LAND GENERALLY LOCATED NORTHWEST OF INTERSECTION OF 13TH STREET AND DAYTON ROAD: Mayor Pro Tem Parks declared the public hearing open. Planning and Housing Director Brian O'Connell reviewed this request to annex approximately 70 acres of land, and said by doing so, the Council would also be rezoning the land from County Agricultural to City of Ames Agricultural. He said the Council had recently amended the City's Land Use Policy Plan to designate the southern portion of this area as an alternate medical zone. He said however, the property owner is not requesting any additional rezoning at this time, and the land would remain agricultural until the City prepares its zoning text. He reviewed how Staff had concluded this area met the goals of the Land Use Policy Plan, and said the Planning and Zoning Commission recommended this request be approved. Coun. Tedesco asked if there had been any discussion regarding what would surround the alternate medical area. Mr. O'Connell said while the present plan is for the surrounding landuse to remain Agricultural, that could change with the update of the City's Landuse Policy Plan. He said Staff would hope to have public hearings on the completed Plan next spring or summer. Coun. Tedesco asked if the Izaak Walton League had presented its concerns to the Planning & Zoning Commission. Mr. O'Connell said concerns were presented regarding possible conflicts between the use of the land owned by the Izaak Walton League and that of the property proposed for annexation. He said however, the Planning and Zoning Commission believed that the rezoning process would provide many opportunities to address how the physical development of this land can occur in relation to uses of land next to it. Brian Vandewater, President of the Ames Izaak Walton League, 1217 Grand Avenue, presented a historical background of the League, and said they earn their funding through recreational programs. He said the proposed annexation could jeopardize the shooting ranges which are the financial background of the Ames League. He said the League believes there was a serious oversight in the decision to designate this area as an alternate medical zone. He said allowing a medical zone would open the door to residential development, and shooting ranges and residential neighborhoods were not compatible. He said the League believes the surrounding area would be best served by Agricultural, Recreational, or even Industrial uses. He said due to the noise of shooting ranges, they recommend no residential housing be allowed within 3/4 mile of their facility. He said the League was also concerned that the wildlife corridor had not been considered, and said perhaps a buffer zone of natural plantings and wildlife habitat should be developed around their land. He said they also question what the property owner has planned for remaining 50 acres not designated as Medical. He said the League would like to see a master plan of the entire area and how it will address these issues. He said they felt these issues might be best addressed prior to annexation, and asked that the Council table a decision on this matter, and that a committee comprised of Story County Conservation Board members, Izaak Walton League, City Planners, and other conservation groups be formed to assist the City in finding solutions to these problems and questions. Dale Brentnall, 429 25th Street, Ames Izaak Walton League, described how policies are developed for the League and described some of their past environmental efforts. R.K. Richards, 1821 George Allen Avenue, said he was a member of the Izaak Walton League, and agreed with its members' statements, but was appearing on behalf of himself. He said in his opinion, there was no need for a second medical zone in Ames, and no indication that the alternate zone was going to be built. He said there was plenty of room to expand south of the present medical zone. He said while expanding in that area was controversial, the City and medical organizations had paid good prices for property there and no one had been injured. Gregg Moorman, 212 Park Avenue, Story City, said he agreed with previous statements of League members. Tom Rodd, 1202 NW Greenwood, Ankeny, National Director for the Izaak Walton League, referred to a map of the area and pointed out wetland and wooded areas, which he said were decreasing rapidly in Story County due to development. He said Iowa had only 1/6 of its woodlands left due to agriculture and development, and said the latter also impacted channelization of stream corridors and loss of topsoil. He said Ames was unique in that the Izaak Walton League contributes to the educational system at no cost to the City or to the County. He said they also bring dollars to the County and the City via the Iowa Games and similar events. He said in addition, the League saves lives through gun education. Stephen Holmes, 737 7th Street, Nevada, First Vice President of the Ames Izaak Walton League, said the League was concerned about cavalier use or misuse of land. He said there was concern about preserving the social and economic benefits of the Skunk River Valley, and asked that the City adopt a policy concerning its use. He said the League has been a good neighbor and an active participant in the Ames community for a long time, and its value to the community and nation were immeasurable. He said the City Council should develop the courage to take a stand on this issue, and say that the City is going to be very sensitive toward encroachment on the River area. He encouraged Council to send this issue back to Staff and accept the League's invitation for assistance on this and future issues. He said the property owner has said he fully intends to develop houses on the property, and the League did not want to be bad neighbors. He said they didn't want the property to be misrepresented and for people to buy houses unaware there was a shooting range nearby. There being no one further wishing to testify, the public hearing was declared closed. Coun. Brown asked whether the Medical zone text for the LUPP update could be created if this annexation issue were tabled, and Mr. O'Connell said the City would still have the option of creating the text without this annexation. Coun. Brown said she felt there should be an opportunity to address some of these concerns. Coun. Tedesco pointed out that the land to the west of the subject property was designated Agricultural, Open Space, Residential Reserve, and Agricultural Residential. He said the site that was designated earlier was strictly Medical, not Hospital, and said the two terms get incorrectly intermixed. He said he was concerned that not enough thought has been given to the surrounding area and to the conflicts that already exist. He said those conflicts were not included in the previous Planning and Zoning Commission discussions. He said perhaps by approving the annexation request, they would be giving false hope to the developer that this land could be rezoned for other than Agricultural. He questioned whether the issue should be referred back to the Planning and Zoning Commission and a committee appointed to look at the area in general. Coun. Parks noted the subject property had already been designated Medical, Agricultural, Commercial Reserve and Industrial Reserve, but not Residential. He said that designation defines what usage someone annexing this property might expect. He said there was a Residential Reserve designation for land to the west of the subject property, but not the parcels under consideration. Coun. Tedesco said he felt it needed to be taken into consideration, if they were talking about landuse and the entire area. Coun. Campbell said approving the annexation request would not preclude consideration of those issues, and said specific uses could be looked at during the zoning stage. She said they had been asked to annex, and could do so incorporating the designated Medical zone and leaving the rest A-1. Coun. Wirth said she agreed that the zoning issue was a separate step. She said she could support the annexation, as long as a committee is also formed to look at some of the issues raised this evening, and that zoning is not dealt with until the committee's recommendations are presented. She said the Story County Conservation Board has previously conducted a wildlife corridor study, and had expressed interest in this issue. Coun. Parks said they were really dealing with 3 separate process: annexation, Land Use Policy Plan update, and zoning. He said he disagreed with the alternative Medical zone originally and had not changed his mind. He said he felt these issues needed to be reviewed by a group comprised of representatives from all the surrounding areas. Mr. O'Connell said he felt the Council's decision should be to determine whether or not the landuse decision to designate part of this area as a Medical zone should then be followed with a decision to bring the area into the City to allow urbanization to occur. He said the zoning designation would involve another deliberate, precise process that would have adequate opportunity for comments and citizen input, as would the subdivision process. Mr. Vandewater said the League was concerned about the order and procedure of these processes. He said they felt the landuse studies already conducted did not produce an accurate picture, as the wildlife corridors and the noise level were not taken into consideration at the time this area was designated as a second Medical zone. He said they were asking that the studies be revisited in order that these issues might be addressed. Motion by Hoffman, Second by Brown, to table this issue, in order that there may be further study on the wildlife corridor before Council takes action on this issue. Coun. Wirth asked whether the motion included the formation of the committee as requested by the League, and Coun. Hoffman said it did. Vote on Motion: 4-2. Voting Aye: Brown, Hoffman, Wirth, Tedesco. Voting Nay: Campbell, Parks. Motion declared carried 4-2. Coun. Parks said he'd voted against the motion because he'd been opposed to the alternate Medical zone designation to begin with, and felt that issue should be revisited. PUBLIC FORUM: Bettie Cott, 5020 Ontario, said she was fortunate enough to have her own private "wildlife corridor," but expressed concerns about the large population of raccoons. She said they are a major source of rabies. She said more funding should be allocated to Animal Control to help deal with the problem. Keith Hoffman, 3411 Madison Court, said he appreciated the City's aggressive street repair program. He asked if the City and County could work together to maintain the gravel portion of Bloomington Road that runs past the new water tower. He asked about future plans for the intersection of Grand Avenue and Top O'Hollow, and Coun. Tedesco responded that the intersection would be replaced by a curve down Dawes Drive, and there would no longer be access at Grand and Top O'Hollow, but Bloomington would access to Grand. Mr. Hoffman said when curbs were removed at the Post Office and handicapped access installed, the portion of the asphalt was not replaced. He said visibility at the intersection of Hyland and 13th needed to be improved. Coun. Hoffman noted signalization was scheduled for that intersection next year. Mr. Hoffman said the condition of Hyland itself was very rough. He said however, he appreciated the milling machine the City has purchased to eliminate some of the speed bumps in the streets. REZONING OF AREA AROUND 300 BLOCK OF NORTH FRANKLIN AVENUE: Mayor Pro Tem Parks declared the public hearing open. Planning and Housing Director Brian O'Connell reviewed how Staff received a request last summer for removal of two existing lots located on North Franklin, to be replaced with two new single family homes. He said both of the lots contained less than 10,000 square feet, the minimum lot size for the R1-10 zoning district. He said Staff learned the two lots were contiguous platted lots, which according to the Zoning Ordinance, meant that only one single-family dwelling could be constructed to replace the two existing structures. He said Staff found a similar problem exists in many other lots in the area which are less than 10,000 square feet, and had suggested the property owner ask the City Council to investigate a rezoning as an alternative. He said the Planning and Zoning Commission had considered a number of alternatives and configurations the City might pursue. Mr. O'Connell pointed out the Zoning Ordinance recognizes previously platted lots that are of a smaller area than what is now required in the district, but that only applies to platted lots. He said in other cases, i.e., for lots that have been made smaller due to sale of a portion of land to a neighbor, if the existing home were destroyed, the property owner would have to obtain a variance from the Zoning Board of Adjustment in order to rebuild. He said 13 of the lots in the proposed rezoning area, roughly 12%, were in that circumstance. He said Staff's recommendation was to incorporate as many of the under 10,000 sq. ft. lots into the district as possible, and still create a uniform zoning district. He said if the area were rezoned to R1-6, as Staff recommended, lots larger than 6,000 sq. ft. would still be legal lots. Mr. O'Connell discussed concerns voiced by residents at the Planning and Zoning Commission meeting, saying most focused on fear that the proposed rezoning would lead to increased density in the area. He said that could occur, but the area was largely developed, and Staff did not believe there was great potential for combining lots to increase the density. He said Staff has noticed lending institutions seem to be increasingly reluctant to grant mortgages to property owners whose property does not meet City zoning ordinances. He said the Planning and Zoning Commission however, recommended that this rezoning not occur, believing the rezoning would not serve to protect homeowners, might enable an increase in negatively-perceived density, and because there was lack of support for this rezoning alternative. He said the Commission felt also there might be other alternatives to the rezoning. Coun. Parks asked whether Staff had considered amending the R1-10 zone to allow a non-platted lot less than 10,000 feet to occur. Mr. O'Connell noted there was currently a provision to allow platted lots less than 10,000 feet, but not non-platted lots. Coun. Hoffman said when this request first came to Council, she anticipated a rezoning on Franklin Avenue only. She said this larger proposed rezoning area came as a shock to the residents. She said she felt Staff had done a good job of explaining the basis for their recommendation, but felt many residents were still fearful of the proposed rezoning. Frank Trumpy, 301 N. Franklin, said there was an error in the calculated sq. footage for one of the lots. He said zoning should be done as an entire area, not by exceptions. He said in the entire proposed area, almost all the lots cited as being under the minimum sq. footage were just barely under 10,000 sq. ft. He said the majority of homes in the area are the spirit, if not the letter, of R1- 10. He said this was an R1-10 area that should not be changed, and that individual non-conforming areas should be dealt with by issuing a variance. He said he owned a de-platted lot and would prefer to request a variance, or work toward a change in the Zoning Ordinance as suggested by Coun. Parks. He said the majority of residents didn't want this area rezoned, including the property owner who made the original request. Don Carr, 3615 Story Street, said he opposed the rezoning, and was concerned about increases in density. He said the R1-10 zoning helps the City maintain control over the density. He said increased density would lead to increased traffic, and noted there was a school in the area. He cited disturbances that occurred on Franklin during VEISHEA 1994 as density problems. He said issuing a variance or amending the Zoning Ordinance would be a better way to take care of the existing problems. He said he didn't know any residents who wanted the R1-6 zoning. John Kleitsch, 338 Westwood Drive, said the previous speakers and he were representing the newly- formed Edwards Neighborhood Association, inspired by this proposed rezoning. He said the overall character of the area is R1-10, and said mechanisms to resolve the existing problems seem to be already in place. He said he liked the suggestion of modifying the Zoning Ordinance to allow de- platted lots. He said he was concerned that adjacent areas might get upzoned as well. Michael King, 310 Westwood Drive, said his wife and he were against increased neighborhood density, and the traffic, trash, noise, and vandalism that accompany it. He said smaller lot sizes ultimately mean more houses in the neighborhood. He cited incidents of noise and vandalism that have occurred since apartments in the area have been rented. He said they live in a family neighborhood, and want it to stay that way. He urged the Council to reject the proposed rezoning. There being no one further wishing to testify, the public hearing was declared closed. Motion by Brown, Second by Hoffman, to reject the proposal to rezone the area. Coun. Campbell said the Council received a number of phone calls from concerned residents, and said she felt badly the issue had caused much anxiety and misinformation. She said however, she didn't think the proposed rezoning would make that much difference. She said she had concerns about not rezoning the area, and suggesting that one had to request a variance from the Zoning Board of Adjustment, which was a judicial system where a fee was required, to find a solution. She said she felt it was good planning to have the area rezoned to R1-6, but in light of the overwhelming opposition to the rezoning, and the little support for it, she would be willing to vote to maintain the current zoning. Coun. Parks said part of the problem might have occurred because the request was initiated by a small factor, and the information was not disbursed in the same way as in major rezonings. He said he would support looking at modifications to the Zoning Ordinance to alleviate the problem, but would not support the rezoning proposal. Coun. Hoffman asked whether the current Ordinance could be amended to allow de-platted lots in the R1-10 zoning district, and City Attorney John Klaus said Staff could look into that possibility. Coun. Wirth asked whether rezoning could occur only in the pockets where there were under-10,000 sq. ft. lots, and there was discussion about trying to avoid "spot zoning." Coun. Wirth said she hoped the residents with de-platted lots under 10,000 sq. ft. were aware of the potential problems with lending institutions when the property is sold. Vote on Motion to reject proposal: 6-0. Motion declared carried unanimously. Motion by Hoffman, Second by Brown, to direct Staff to investigate the possibility of modifying the Zoning Ordinance to allow de-platted lots in R1-10 zoning districts. Vote on Motion: 6-0. Motion declared carried unanimously. RECESS: Mayor Pro Tem Parks called a recess at 8:50 p.m. RECONVENE: The regular meeting reconvened at 8:55 p.m. HEARING TO CONSIDER AMENDMENT TO CODE REGARDING DETACHED GARAGES IN MINIMUM SETBACK AREA OF MOBILE HOME PARKS: Mayor Pro Tem Parks declared the public hearing open. There being no one wishing to testify, the public hearing was declared closed. Motion by Hoffman, Second by Brown, to pass on first reading an ordinance amending Section 29.20(18)(e) of the Municipal Code to allow a minimum setback of 20 feet from the exterior boundaries of mobile home parks for detached garages. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Tedesco, Second by Wirth, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Hoffman, Second by Tedesco, to pass on second and third readings and adopt ORDINANCE NO. 3297 amending Section 29.20(18)(e) of the Municipal Code to allow a minimum setback of 20 feet from the exterior boundaries of mobile home parks for detached garages. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON TECHNICAL AMENDMENT TO MUNICIPAL CODE REGARDING SECURITY REQUIREMENTS FOR SITE IMPROVEMENTS: Mayor Pro Tem Parks declared the public hearing open. City Manager Steve Schainker said this amendment was an effort to work with developers to reduce development costs. He said whereas developers currently have to deposit financial security to assure completion of site and landscaping improvements for projects in P-C and P-I districts, this amendment would stipulate that security must be provided only if public improvements were not in place at the time of occupancy. There being no one further wishing to testify, the public hearing was declared closed. Motion by Tedesco, Second by Hoffman, to pass on first reading an ordinance amending Section 29.24(3)(D) and Section 29.26(2)(E) of the Municipal Code regarding security requirements for site improvements. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Wirth, Second by Hoffman, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Hoffman, Second by Tedesco, to pass on second and third readings and adopt ORDINANCE NO. 3298 amending Section 29.24(3)(D) and Section 29.26(2)(E) of the Municipal Code regarding security requirements for site improvements. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON DEMOLITION OF FLOOD DAMAGED PROPERTIES: Mayor Pro Tem Parks declared the public hearing open. City Manager Steve Schainker noted this was an award of contract for demolition of properties the City purchased on South Russell, South Hazel, and South Maple. He said the award required FEMA approval, therefore Staff was recommending the award of contract be delayed until the October 11 meeting. The public hearing was declared closed. Housing Coordinator Vanessa Baker-Latimer noted there had been many questions from former residents regarding salvage rights, and said nothing in the specifications gave first right of salvage to previous owners. She said once the contract is awarded, the demolition contractor could be contacted by anyone who lives within Ames. She said Staff would meet with the contractor to discuss the process for removing salvage materials. She said the only things that could not be salvaged were the houses themselves, and any hazardous materials containing asbestos. She said asbestos removal had been separated from the demolition contract. Coun. Wirth said she had been contacted by a previous homeowner interested in salvaging landscaping materials. She asked that written communication be provided to all previous homeowners to clear up any confusion regarding salvage rights. Motion by Tedesco, Second by Hoffman, to accept report of bids and delay award of contract to October 11, 1994. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON ELECTRIC DEPARTMENT PARKING LOT RESURFACING PROJECT: Mayor Pro Tem Parks declared the public hearing open. There being no one wishing to testify, the public hearing was declared closed. Motion by Wirth, Second by Campbell, to adopt RESOLUTION NO. 94-412 accepting final plans and specifications and awarding contract to Manatt's, Inc. in amount of $42,282.50 plus applicable sales tax for Alternate I, Item a. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. LIQUOR LICENSE APPLICATION FOR AMES/ISU ICE ARENA: Motion by Hoffman, Second by Tedesco, to approve new Special Class B Beer liquor license application for Ames/ISU Ice Arena, 1505 Gateway Hills Park Drive. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST FROM ISU HOMECOMING COMMITTEE FOR FIREWORKS PERMIT: Motion by Tedesco, Second by Hoffman, to approve fireworks permit for Thursday, October 13, 1994, for ISU Homecoming Celebration. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST FOR FIRE PREVENTION PARADE: Motion by Tedesco, Second by Brown, to approve request from Ames Fire Department for Fire Prevention Parade on October 15, 1994. Coun. Hoffman asked whether all downtown business owners had been notified of this parade. City Manager Steve Schainker said the Downtown Betterment Association had been notified, but noted not all downtown business owners were members of the DBA. He said for future events, perhaps signatures from individual business people should accompany requests for street closures. Coun. Hoffman suggested notices of such events could be handed out on Main Street. Coun. Parks said Council might address this topic at a future meeting. Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Wirth, Second by Tedesco, to adopt RESOLUTION NO. 94-413 closing Main Street from Duff to Clark on October 15, 1994 from 11:00 a.m. to 11:30 a.m. for Fire Prevention Parade. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. FLOOD PLAIN MANAGEMENT STUDY: Assistant City Manager Bob Kindred said the Flood Task Force, comprised of Staff from City, County, ISU, and the DOT, is ready to recommend award of contract for the major flood management study. He said the Task Force and Snyder and Associates have been working with the various federal agencies to assure all resources have been utilized and that the work planned will satisfy the various regulatory agencies. He said the original estimate for the comprehensive study was $150,000, but the Task Force has now determined a higher degree of mapping and data collection is necessary, and the total estimated cost is now $178,500, to be funded by the four jurisdictions. Coun. Tedesco asked how far north and south the study area would extend, noting the area between Hwy. 30 and I-35 was a major focus of the current Landuse Policy Plan update. Dale Harrington, Snyder and Associates, said the study area would extend north to the City limits, and south of the U.S. Hwy. 30 bridge. He said recent information from the Army Corps of Engineers is also available. Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 94-414 approving contract with Snyder and Associates for Phase II of Flood Plain Management Study. 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 Hoffman, to adopt RESOLUTION NO. 94-415 approving 28-E agreement for funding of Flood Plain Management Study with Story County, Iowa State University, and Iowa Department of Transportation. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Brown, Second by Tedesco, to adopt RESOLUTION NO. 94-416 approving change in "local effort" provision of Flood Plain Management Study grant agreement with Iowa Department of Economic Development. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. INSPECTION OF NO. 8 TURBINE AND REPLACEMENT OF RETAINING RINGS: Motion by Wirth, Second by Tedesco, to adopt RESOLUTION NO. 94-419 approving plans and specifications for inspection of No. 8 Turbine and Replacement of Retaining Rings; setting October 19, 1994 as bid due date and October 25, 1994 as date of hearing and award of contract. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. LIMITS TO OPEN FIRES FOR RECREATIONAL USE: Motion by Brown, Second by Hoffman, to direct City Attorney to prepare ordinance designating limited hours for open fires for recreational use. Vote on Motion: 6-0. Motion declared carried unanimously. DEMOLITION AND REMOVAL OF DEBRIS AT 811 SOUTH DUFF: Planning and Housing Director Brian O'Connell said in 1992 Council approved an assessment agreement for relocation of a sanitary sewer to allow a building to be constructed on property at 811 South Duff, and as part of that agreement, the existing block building on that property would be removed by March 1, 1994. He said the City had received a $10,000 letter of credit to secure that removal, and when the building was not removed last spring, had approved a time extension for that removal to October 1, 1994. He said since the building had still not been removed, Staff felt they needed to bring the matter to the Council's attention. City Attorney John Klaus noted the letter of credit had stipulated the building would be removed before October 1, 1994. City Manager Steve Schainker noted Staff was recommending that if a further extension was granted, a new letter of credit in the amount of $15,625 be issued to cover increasing costs to the City should it be required to remove the building. City Attorney Klaus recommended that an amended agreement also be signed, setting a clear date for when the building would be removed and if it is not down by that date, providing authorization for the City to go onto the premises to begin that removal process. Ken Howe, 230 South Washington, noted a letter summarizing the Howes' position had been distributed to the Council. He said they were 3 months behind the October 1, 1994 deadline due to contracting problems. He said they have started the salvage of the building, and had the occupancy clarified last week. He said they expect to have a guarantee from the contractor in the next 3-4 days, and the actual demolition should take another 3-4 days. He said they should be able to have the building debris off the lot by mid-November. He said in addition, they would agree to remove the storage semi-trailers to a different location. He said some of those trailers contained flood-damaged appliances, and there may be a delay in how quickly they can be moved. He said the dirt that had been piled along the launching ramp parallel to South Duff should be taken care of by the end of October. He said therefore, although the Howes expect to be able to complete the job within 3 months, they would like another extension of 6 months, to allow for delays due to weather, etc. He said they would like to leave the lower portion of the existing building, two of the four kiln rooms, standing for that 6 month period, to get much of the stored items under cover and help provide a visual barrier for the remainder of the outside items. He said he would be willing to let the City staff evaluate the situation at that point. Coun. Tedesco said this request was a complete change from the original agreement, which was to take down everything except the new building. Mr. Howe said that was true, and due in part to the City's desire to have the area more visually appealing. He noted they had lost all the trees in that area during the South Duff widening project. There was discussion regarding whether the request was to extend the timetable for removal of all structures within 6 months, or whether Mr. Howe was requesting that the kiln rooms remain for an indefinite period. Coun. Tedesco said it was time to reach a termination date on this project, and said he has received many comments about this location being an unsightly entrance into the City. He said he was confused by Mr. Howe's comment about Staff coming to look at the remaining building after the six month period passed. Mr. Howe said he had been referring to the southeast kiln room. Coun. Tedesco said that was a complete deviation from the original agreement which had stipulated that all structures except the new building would come down. Mr. Howe said they were simply trying to keep things under cover as long as possible. He said they were not talking about keeping the kiln room up permanently. Mr. Howe said he had no problem with the letter of credit amount being raised to $15,625.00. Coun. Parks said if this request were approved, the City would need to be provided with a date for the demolition, and the new letter of credit would have to be issued for beyond that date. He said the new letter of credit would have to be filed before October 1, 1994. Coun. Tedesco asked whether all conditions had been met regarding the occupancy for the new building. Planning and Housing Director Brian O'Connell said the Building Official indicated that the Building Code condition of the new building is such that they can allow occupancy on a temporary occupancy basis, with followup to ensure any remaining items are completed. He said site improvements, i.e., landscaping and parking, have yet to be constructed. He said the Howes have indicated they want to phase-in those site improvements along with phasing-in of the building. He said Staff needed to meet with the Howes to clarify which of the site improvements would be installed with the first phase of construction and which with the second phase. Motion by Campbell, Second by Brown, to adopt RESOLUTION NO. 94- 417 approving a 3- month time extension for removal of the old building to January 1, 1995, with stipulation that a $16,000 letter of credit be filed with the City as security; that expiration date of letter of credit be after January 15, 1995; that both parties sign an agreement stating dirt and building debris, storage semi-trailers, and other items Mr. Howe admitted to in his discussion be removed by January 1, 1995, and that clear permission be provided allowing the City onto the premises to take the building down if it is not removed by January 1, 1995; that all documents pertaining to this extension be filed with the City by noon on Friday, September 30, 1994; and that Staff be instructed to cash the existing letter of credit if the above stipulation is not met by noon on September 30, 1994. Mr. O'Connell said he'd discussed with both Mr. and Mrs. Howe the importance of clarifying these issues in writing, to make certain there was no disagreement over whether or not the Howes had done everything the City expected of them. Keith Hoffman, 3411 Madison Court, said he had been one of the contractors on this project, but the property owners had then decided to do the work themselves. He said this project had held a building permit for more than two years, and he questioned whether building contractors could come to Council and ask for extensions of their permits. He asked how occupancy could be allowed in a building with temporary doors, no parking lot, and no driveway. He said a great amount of material from the excavation of the building was lying in the floodplain. Coun. Brown asked whether approving the request for an extension on this demolition would violate any of the City's Building Codes. City Attorney John Klaus said this issue involved a special agreement for demolition of a structure, and had no connection with the Building Code. He said objections as to whether or not any given project met the Building Code requirements should be addressed to the Building Official. Coun. Tedesco said the 6-month extension granted earlier this year for completion of this project had not been met, and now another extension was about to be granted. He said this was the last time he would support an extension for this project. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Coun. Brown left the meeting. ORDINANCE AMENDING MUNICIPAL CODE TO ALLOW SUBDIVISION ENTRANCE SIGNS ON PRIVATE PROPERTY: Motion by Tedesco, Second by Campbell, to pass on first reading an ordinance amending Municipal Code, Section 5.220(11)(h) regarding maintenance of subdivision entrance signs. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Tedesco, Second by Campbell, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Tedesco, Second by Campbell, to pass on second and third readings and adopt ORDINANCE NO. 3299 amending Municipal Code, Section 5.220(11)(h) regarding maintenance of subdivision entrance signs. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Campbell, Second by Tedesco, to pass on first reading an ordinance amending Municipal Code to create a new section regarding easement requirements for subdivision entrance signs. Roll Call Vote: 5-0. Motion declared carried unanimously. There was discussion regarding whether as written, the proposed ordinance would preclude a sign occurring on a homeowners association outlot, and City Attorney Klaus said it would. He said striking the reference to "a platted building lot" would allow either option, a platted building lot or an outlot. Coun. Hoffman suggested the reference to "a platted building lot" be stricken, and the suggestion was accepted as a friendly amendment to the motion. Vote on Motion as Amended: 5-0. Motion declared carried unanimously. Motion by Tedesco, Second by Campbell, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Tedesco, Second by Campbell, to pass on second and third readings and adopt ORDINANCE NO. 3300 amending Municipal Code to create new section regarding easement requirements for subdivision entrance signs. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. FEMA 1362 PROPERTY ACQUISITION GRANT APPLICATION (MASONIC TEMPLE): Motion by Wirth, Second by Hoffman, to adopt RESOLUTION NO. 94-418 approving the submission of a FEMA 1362 Property Acquisition Grant application to purchase property at 715 South Duff Avenue (Masonic Temple). Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PARKING PROHIBITIONS ON 24TH STREET: Motion by Campbell, Second by Tedesco, to direct the City Attorney to prepare ordinance designating parking prohibitions on 24th Street. Vote on Motion: 5-0. Motion declared carried unanimously. DISPOSITION OF LANDFILL LAND: Motion by Hoffman, Second by Tedesco, to table this item until appraisal information is available and terms of agreement have been worked out. Vote on Motion: 5-0. Motion declared carried unanimously. PARKING LOT "Q" RESURFACING PROJECT: Motion by Campbell, Second by Wirth, to adopt RESOLUTION NO. 94-420 accepting bid and awarding contract to Manatt's, Inc. in amount of $39,647.68 for Parking Lot "Q" Resurfacing Project. Coun. Tedesco said several projects have specifications that deal with blacktop, and therefore only one bid is received, which has recently been over the engineer's estimate for the project. He suggested in the future, specifications be issued which allow alternate bidding using concrete. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. MAXWELL AVENUE SANITARY SEWER PROJECT: Motion by Campbell, Second by Wirth ,to adopt RESOLUTION NO. 94-421 accepting bid and awarding contract to Ames Trenching & Excavating, Inc. in amount of $68,755.00 for Maxwell Avenue Sanitary Sewer Project. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. WATER MAIN EASEMENT ACROSS LOTS 9 AND 10, KINGSBURY ADDITION (JIFFY LUBE): Motion by Wirth, Second by Campbell, to adopt RESOLUTION NO. 94-422 abandoning water main easement across Lots 9 and 10, Kingsbury Addition (Jiffy Lube). Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SOUTH DUFF AVENUE TREE PLANTING AGREEMENT WITH IOWA DOT: Motion by Hoffman, Second by Tedesco, to adopt RESOLUTION NO. 94-423 approving agreement between City of Ames and Iowa Department of Transportation for planting of trees along South Duff Avenue. City Manager Schainker thanked Mr. Rensink and the DOT staff for their efforts on this project. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ADDITIONAL REGULATIONS FOR PEDDLERS AND SOLICITORS: Motion by Tedesco, Second by Hoffman, to pass on first reading an ordinance establishing additional regulatory features pertaining to peddlers and solicitors. City Attorney John Klaus noted a revision to the drafted ordinance, prohibiting door-to-door selling and soliciting between the hours of sunset and sunrise, had been distributed to the Council this evening. The revision was accepted as a friendly amendment to the motion. Coun. Tedesco asked that the fee schedule for peddlers' permits be revisited during the budget process. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Campbell, Second by Tedesco, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Campbell, Second by Hoffman, to pass on second and third readings and adopt ORDINANCE NO. 3301 establishing additional regulatory features pertaining to peddlers and solicitors. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PARKING PROHIBITIONS ON MCKINLEY, HAYES, AND 20TH STREET: Motion by Tedesco, Second by Campbell, to pass on first reading an ordinance designating parking prohibitions on McKinley, Hayes, and 20th Street. Leslie Holland, 2118 Hayes, said he and other residents have met with the School Board and City Staff to resolve the recent parking problems in the Ames High School area. He noted a correction to the ordinance stipulating 7:30 a.m. to 9:30 a.m. as times of prohibited parking on the north side of 20th Street from Hayes Avenue to the western property line of Fellows School, and Mayor Pro Tem Parks noted that revision had been distributed to the Council this evening. Mr. Holland thanked City Staff for cooperating so well with the residents on this issue, and said they would now continue working with the School Board. Coun. Campbell suggested it might be time to resurrect the City Council/School Board liaison committee. Coun. Wirth expressed concern that the restrictions might simply move the problems over to another street. She said the Bethesda Church's parking lot was quite a distance from the school, further away than some of the other streets. She wondered if the neighborhood as a larger entity had been looked at during discussions between Staff and the residents. There was discussion of alternate routes from the Church parking lot to the High School. Coun. Parks said this action was probably not the total answer, and said work with the High School will have to continue. There was discussion regarding whether the parking problems were temporary due to the High School's construction project. Coun. Parks said the students were simply trying to find a place to park, and he felt finding a solution to the students' problem was the responsibility of the School District and the City. Mr. Holland said the concern of whether the problem would merely be forced to another street was one of the reasons the residents had asked for parking prohibitions on both sides of the street. He said they were trying to get the students back on the school lot. He said they had outlined a number of different solutions for the School District to consider. Coun. Tedesco said in addition to the safety concerns, students needed to remember to be good stewards, and not leave the neighborhood areas strewn with litter and trash. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Campbell, Second by Tedesco, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Hoffman, Second by Tedesco, to pass on second and third reading and adopt ORDINANCE NO. 3302 designating parking prohibitions on McKinley, Hayes, and 20th Street. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REZONING OF PROPERTY AT INTERSECTION OF ELWOOD DRIVE & OAKWOOD: Motion by Tedesco, Second by Campbell, to pass on second reading an ordinance rezoning 31.21 acres located at the intersection of Elwood Drive and Oakwood, from Story County A-1 to R-2 (Low-Density Residential). Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Campbell, Second by Hoffman, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Campbell, Second by Tedesco, to pass on third reading and adopt ORDINANCE NO. 3303 rezoning 31.21 acres located at the intersection of Elwood Drive and Oakwood, from Story County A-1 to R-2 (Low-Density Residential). Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Coun. Campbell said she liked the new public art in the City Council Chambers, and applauded the efforts of the Public Art Committee and artist Eric Sealine. Coun. Parks asked Staff to inspect the retaining wall on 13th Street, which he said appeared to be leaning outward. City Manager Schainker asked the Council for possible dates for the worksession on the proposed changes to the Building Code, and it was decided the City Clerk should poll the Council regarding possible dates. Coun. Tedesco complimented City Engineer Jerry Byg for his work on the Bloomington Road informational meeting. Coun. Hoffman said she would be out of town for the Mayor's Bike Ride this Saturday, October 1, but she hoped the event was a big success. ADJOURNMENT: The meeting adjourned at 10:05 p.m. Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor