HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 11/01/1994MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA NOVEMBER 1, 1994
The Ames City Council met in regular session at 7:00 p.m., November 1, 1994, in the City Council
Chambers in the City Hall, 515 Clark Avenue, pursuant to law with Mayor Larry Curtis presiding
and the following Council Members present: Brown, Campbell, Hoffman, and Tedesco. Couns.
Parks and Wirth were absent.
PROCLAMATION FOR INTERNATIONAL FAMILY WEEK: Mayor Curtis presented a
proclamation to Keitha Boardman, Family Counseling Center, Des Moines, designating the week
of November 20-26, 1994 as International Family Week within the City of Ames, Iowa.
PUBLIC FORUM: No one appeared to speak at this time.
CONSENT AGENDA: Mayor Curtis noted an amendment to Item No. 17b. on the 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 renewal of the following beer and liquor licenses:
a. Class B Beer - Ruttles, 531 S. Duff
b. Class C Beer - Kum & Go #209, 3337 Lincoln Way
RESOLUTION NO. 94-463 approving final plat for Cochranes 2nd Addition
RESOLUTION NO. 94-464 approving preliminary plans and specifications
for U.S. 30 Frontage Road Relocation Project; setting November 16, 1994
as bid due date and November 22, 1994 as date of hearing and award of
contract
RESOLUTION NO. 94-465 approving preliminary plans and specifications
for Pearle Avenue Storm Sewer Project; setting December 7, 1994 as bid
due date and December 13, 1994 as date of hearing and award of
contract
RESOLUTION NO. 94-466B approving contract award for air handling
system for MGMC
Roll Call Vote: 4-0. Resolutions declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
REQUESTS FROM DOWNTOWN BETTERMENT ASSOCIATION REGARDING
HOLIDAY PROMOTIONS: Motion by Tedesco, Second by Hoffman, to approve
the Downtown Betterment Association's request for lighted Santa Claus in Tom Evans
Downtown Plaza from November 20-December 31, 1994, to utilize lighting on Downtown
buildings from November 20-December 31, 1994, and to waive Downtown parking enforcement
on December 17 and December 24, 1994.
Vote on Motion: 4-0. Motion declared carried unanimously.
HEARING ON REZONING PROPERTY LOCATED AT 221, 223, 229, and 301 STANTON
AVENUE FROM R-3 (MEDIUM-DENSITY RESIDENTIAL) TO R-4 (HIGH DENSITY
RESIDENTIAL): Mayor Curtis declared the public hearing open.
Director of Planning and Housing Brian O'Connell reviewed this request to rezone four lots from
the current designation of R-3 (Medium-Density Residential) to R-4 (High-Density Residential).
He reviewed current zoning and landuse designations of the subject property, which currently
includes one two-family dwelling and three single-family dwellings. He said the property owners
wish to increase the number of dwelling units and/or the number of persons that can occupy each
unit, if off-street parking is provided. He said they also wish to convert property at 221-223 Stanton
to an 8-unit apartment building, but that cannot be done until or unless the remote parking agreement
currently in place for 221 Stanton Avenue is removed.
Mr. O'Connell reviewed infrastructure of the subject property, and said Staff believes the
requirements of the Land Use Policy Plan would be met by this request, provided the properties are
redeveloped and rehabilitated as depicted in the information submitted. He noted however, the same
things would be accomplished under the R-3 zoning, with a lesser occupancy of the duplex
structures. He said the applicant had submitted concept plans, not final plan documents, and would
therefore have to go through the permit process. He said the Planning and Zoning Commission, after
initially tabling this item, recommended approval on October 19, 1994, with a vote of 4-2-1
abstention.
Coun. Brown expressed concerns regarding traffic congestion relating to density. She said she
travels Stanton daily, and couldn't imagine what it would be like with 50 more cars.
Coun. Hoffman asked if all the parking would be on-site, and Mr. O'Connell said it would be. There
was discussion regarding the number of parking spaces required if the units reached maximum
occupancy. Mr. O'Connell said the proposal included providing up to 18 parking spaces in a
combined parking lot for the 4 apartment units in the 2 duplex conversions. He said the standard
was 4 per unit, so an additional 2 spaces were actually being proposed. He said on the 8-unit
complex, they were proposing 2 spaces per unit. He said if the required 4 spaces could not be
provided, the request for 5 occupants per dwelling would not be approved.
There was discussion regarding the difference between the R-3 and R-4 in terms of number of
people. Mr. O'Connell said the property owners could build the same number of units under the
current R-3 zoning, but the density would be limited to 40 people rather than 50.
Robert Oshel, 2336 Knapp, spoke against the rezoning proposal. He said the applicant could
accomplish this proposal under the current R-3 zoning designation. He said once the density change
has been approved, there would be a possibility of a 10-story apartment building coming into the
area when the property is sold. He said the current R-3 area served as a buffer to protect against the
high-density commercial area. He said the quality of the area would go down with rezoning to a
higher density. He said enrollment at ISU was down and he didn't see any urgency to build in this
area. He said the Council had voted down R-4 rezoning in neighboring areas in the past, with the
intent of preserving the buffer zone.
Paul Peiffer, 509 Ash, said he was representing himself and the Crawford area Neighborhood
Association. He said he was not opposed to the development and expansion proposed, and said most
of it could be done under the current R-3 zoning. He said there was distrust in the neighborhood
regarding previous building in the area, and the neighborhood association has concerns about
parking, the buffer zone, and the long-term implications of rezoning this area.
Shirley Tice, 1810 Northwestern, said she was speaking for the property owners, Paul and Minnie
Busch. She said the multiple dwelling units at 221 and 223 Stanton were not designed for 5 people,
but for 2 or 3 at the most. She said parking was planned for that amount. She said they have tried
to utilize space in the best way possible to offer desirable alternative housing that is close to campus
for students.
Coun. Brown asked why R-4 zoning was requested. Ms. Tice said the redevelopment would involve
a substantial investment on the part of the property owners, and there was some question of whether
some of the units have been profitable in the past. She said if renters desired to have 5 people share
the rent, the property owners would like to have the flexibility to do so.
Coun. Tedesco clarified that any new building would require Staff review and approval, and said
that should provide a buffer to allay the 10-story building fear.
Mr. O'Connell explained the process for requesting a variance from the Zoning Board of
Adjustment, saying a variance gives a special right to the property owners to vary from the standards
of the zoning ordinance, but does not change the permitted use of the property.
There was discussion regarding the highest density allowed under the R-3 designation, which was
roughly calculated at 22-24 units. Mr. O'Connell noted however, that significant efforts would be
needed to meet the parking requirements of that number of units.
There was discussion regarding whether the Council would have control if rezoning took place and
the property were sold. Mr. O'Connell said the Council would not likely see the plan again, but it
would need to go through the Staff review and approval process.
Coun. Hoffman said she had no problems with what was being presented this evening, and felt it was
in the best interests of the neighbors because it was lower in density than what was allowed. She
said her concern was with any change of ownership.
Ms. Tice said the proposal presented tonight was what the property owners were planning to do.
She discussed the time frame for the project. She said they would try to comply with the City in
every way possible.
Coun. Campbell said she'd had much discussion with the neighborhood association and the
applicant. She said she was aware of support for this proposal, but that there was also fear of a
"mushrooming" effect. She said there was a possibility of the option of "contract rezoning," i.e., a
negotiation of contract between the developer and the City before the hearing was closed. She said
she didn't feel the property owners had much time to review the contract rezoning concept.
Coun. Campbell noted a re-examination of the Landuse Policy Plan and of the Code was ongoing.
She said she felt the issue of parking requirements should be included in that Code review. She said
she felt comfortable with the proposal as presented, because it went beyond the current parking
requirements. She said she also felt comfortable that new parking requirements might be in effect
at the time any change of ownership might occur. She said she felt a buffer could be more easily
maintained by having intensification where proposed, and designating Knapp Street as a definite
boundary.
Assistant City Attorney Judy Parks discussed State law regarding contract rezoning. She said the
Council may impose conditions on a property owner which are in addition to existing regulations,
if those additional conditions have been first agreed to in writing by the property owner before any
adjournment of the public hearing. She said that meant a written contract would be required before
the hearing could be adjourned.
Motion by Campbell, Second by Brown, to table this issue to provide for
preparation of a contract designating additional conditions regarding the rezoning for the
property owners' approval.
Vote on Motion: 4-0. Motion declared carried unanimously.
HEARING ON CONVEYANCE OF 48 LOTS IN BENTWOOD SUBDIVISION: Mayor Curtis
declared the public hearing open. There being no one wishing to testify, the public hearing was
declared closed.
Motion by Tedesco, Second by Brown, to adopt RESOLUTION NO. 94-466
authorizing conveyance of 48 lots in Bentwood Subdivision in accordance with an agreement
for development of affordable housing.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
HEARING ON CONVEYANCE OF PORTION OF LANDFILL SITE: Mayor Curtis declared
the public hearing open. There being no one wishing to testify, the public hearing was declared
closed.
Motion by Tedesco, Second by Brown, to adopt RESOLUTION NO. 94-467
authorizing quit claim deed of land by City of Ames to William K. Fedeler.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the
Mayor, and hereby made a portion of these minutes.
HEARING ON VIBRATORY STEEL TROUGH PAN CONVEYOR SYSTEM: Mayor Curtis
declared the public hearing open. There being no one wishing to testify, the public hearing was
declared closed.
Motion by Tedesco, Second by Campbell, to accept report of bids and delay
award of contract to November 22, 1994.
Vote on Motion: 4-0. Motion declared carried unanimously.
ORDINANCE REVISING MUNICIPAL CODE REGARDING FOUNDATIONS: Coun.
Tedesco noted there had been much input on this item, and two alternatives proposed. He said there
had been much discussion, particularly regarding one- and two-family residences. He said the
primary issue was the added costs and the method of inserting vertical steel rerods. He asked
whether vertical steel rods tied at either end of the wall panel might not be a less costly, more
practical alternative.
Kurt MacKey, Chair of the Building Code Board of Appeals, said the issue was not so much the
method of tying as the spacing of the bars. He said it was a question of ensuring location of the
boards, rather than the location of tying.
There was discussion regarding structural failure versus cracking, and whether the amount of
failures reported necessitated a Code change.
Coun. Tedesco said the Uniform Building Code had been amended before in the City, and he felt
there should be a distinction between requirements for the one- and two-family structures and
commercial structures. Coun. Hoffman disagreed.
Mr. MacKey said the Board was asking that foundations be designed according to their specific
conditions based on sound engineering criteria.
Motion by Brown, Second by Campbell, to pass on first reading an ordinance
amending the Building Code to require foundation wall inspections, enforce the Uniform
Building Code for all foundations, and accept a change on anchor bolts from 6' on center to 4'
on center.
Roll Call Vote: 3-1. Voting Aye: Brown, Campbell, Hoffman. Voting Nay: Tedesco. Absent:
Parks, Wirth. Motion declared failed. (Four votes required).
ORDINANCE BANNING LEAF AND YARD WASTE BURNING EXCEPT FOR LIMITED
PERIODS: Motion by Hoffman, Second by Campbell, to pass on second
reading an ordinance banning leaf and yard waste burning except for the period of October 1
through December 1, and April 1 through May 1.
Roll Call Vote: 3-1. Voting Aye: Campbell, Hoffman, Tedesco. Voting Nay: Brown. Absent:
Parks, Wirth. Motion declared failed. (Four votes required).
ORDINANCE DESIGNATING PARKING PROHIBITIONS ON SOUTH SIDE OF SOUTH
16TH STREET, KELLOGG TO ELWOOD: Motion by Tedesco, Second by
Hoffman, to pass on second reading an ordinance designating parking prohibitions on south side
of South 16th Street, Kellogg to Elwood.
Roll Call Vote: 4-0. Motion declared carried unanimously.
DISCUSSION OF LOCAL OPTION SALES TAX: City Manager Steve Schainker noted the
Council had received a report from Staff on local option sales tax receipts. He explained that the
State calculates 90% out of the City's anticipated collections, then makes an adjustment in the fiscal
year following the year in which the taxes were received. He said for 1994-95, the estimate from
the State was approximately $95,000 under the budgeted amount. He said while there was an
available balance in the General Fund to cover the shortfall, Staff would need guidelines for this 95-
96 budget year regarding allocations for human service agencies.
Mr. Schainker said although local option estimates for '93-94 and '94-95 have remained flat,
indications from the Department of Revenue are that sales tax funds have increased. There was
discussion regarding this apparent discrepancy.
Finance Director Alice Carroll said she had discussed with the Department of Revenue how
calculations are arrived at, and was told sales tax collections actually showed negative growth for
'92-93, the period on which this estimate was based. She said she had looked at sales tax reports for
'92-93, and it appeared as if Story County had growth in that period. She said she had been told by
the Department of Revenue there was much discussion regarding Story County, and because the
Department had not wanted to decrease the amount, it was left flat.
City Manager Schainker discussed the possibility of Staff working with the Department of Revenue
to be permitted to review what is perceived as a decrease in terms of the actual receipts. He
suggested it might be better to have outside auditors conduct the review, rather than City Staff.
There was discussion regarding the estimates perhaps reflecting the flood impact in 1992-93, and
whether an increase might soon be seen. Mayor Curtis said he felt any impact from the flood would
have been seen in receipts statewide, rather than just in Story County.
There was discussion regarding establishing '95-96 budget guidelines for human service agencies
and the Arts. City Manager Schainker explained that while Staff did not want to be too pessimistic
for the '95-96 budget, and did not want to recommend a cutback on funding for human service
agencies, they also could not continue assimilating any possible shortfalls from available balances.
He said it was therefore Staff's recommendation to assume a 2% growth over the current year's
actual amount. He said Staff was currently working on the '95-96 CIP, and was proposing a 3%
increase be included for the human service agencies, representing an approximate $18,000 increase.
He said there was also a possibility of shifting funding for some CIP projects to the Road Use Tax
Fund.
Assistant to the City Manager Sheila Lundt updated the Council regarding a letter she had received
from the Richmond Center regarding funding for aftercare services. She said that funding was
previously allocated to the Center for Personal Development, and said the Richmond Center would
be requesting a $7,000 allocation from ASSET on November 10.
Coun. Tedesco said he felt Staff's proposed revenue projection for '94-95 might be a little
conservative, and Coun. Brown agreed.
Coun. Brown said she felt comfortable with Staff's proposed allocation to human service agencies.
She said she would like to see the allocation to Public Art increased to $15,000.
There was discussion regarding whether the allocation to Public Art should be considered at this
time or during the budget process.
Motion by Brown, Second by Campbell, to approve a 2% projected increase
over the 1994-95 actual receipts from local option sales tax as a revenue increase, and to
establish a 3% increase to human service agencies as a '95-96 budget guideline.
Motion by Campbell, Second by Brown, to amend the main motion to stipulate
an allocation of $15,000 to Public Art and $1,000 to the Ames Partner Cities Association, Inc.
Coun. Hoffman said she did not feel comfortable making a decision on allocations to Public Art and
to the Partner Cities Association at this time.
Vote on Motion to Amend: 2-2. Voting Aye: Brown, Campbell. Voting
Nay: Hoffman, Tedesco. Mayor Curtis voted aye to break the tie. Motion declared carried 3-2.
Vote on Main Motion as Amended: 2-2. Voting Aye: Brown, Campbell.
Voting Nay: Hoffman, Tedesco. Mayor Curtis voted aye to break the tie. Motion declared
carried 3-2.
RESOURCE RECOVERY SYSTEM MODIFICATION PROJECT: City Manager Schainker
noted Staff was not asking the Council to award the bid on this project at this meeting. He said after
two bidding processes, this project is still significantly over the original financial plan. He said
therefore, Staff wanted Council to revisit the project and wished to make certain the Council still
wanted to pursue this modification plan.
Public Works Director Paul Wiegand reviewed the previously-conducted R.W. Beck Study
regarding how solid waste would be handled in the City. He said the Resource Recovery System
Modification Project was one option that came out of that study, and said the project had been
originally estimated at $3,837,000. He reviewed how a consulting firm was obtained to develop
concept drawings, and the cost of the project was then estimated at $5.3 million. He said bids
received on June 19, 1994 were for $6.9 million.
Mr. Wiegand reviewed the financial analysis of the proposed project as prepared by Staff, including
increased tipping fees which translate to user fees, and per capita tax obligations from supporting
cities.
Coun. Tedesco noted the project contained a major renovation to the Plant, that might allay
insurance costs due to the hazards involved in the current shredding process.
Coun. Brown said she felt there was an important policy decision involved in the financial strategy
for the project, involving conservation in the user fees. She asked if trash haulers would follow up
on that concept.
There was discussion regarding possible future trends, including charging for solid waste
management according to weight of the trash collected.
Motion by Tedesco, Second by Campbell, to accept concepts of financial
analysis and direct the consultant to undertake a detailed bid analysis of Watkins Engineers and
Constructors' $6,648,300.00 bid.
Vote on Motion: 4-0. Motion declared carried unanimously.
Mr. Wiegand explained how this project had originally been set up so that bids would be sought
separately for the bin and for the plant, but there was a feeling that combined bids might allow for
certain economies. He said communication had been received from the Rader Company, one of the
bidders, regarding why their combined project bid was listed as a "no-bid." He said a combined rate
sheet had not been submitted with that company's bid. He said the combined rates submitted by the
other two bidders were not simply additions to the other two processes, but showed some economies.
He said the Rader Company had also submitted alternative bids to proposals on the project. He
reviewed the October 17, 1994 preliminary report from Stone & Webster, Inc., which discussed why
the consultants felt the alternate bids did not meet the intent of the specifications. He noted it was
felt the alternate bids did not specifically address the safety concerns of the shredder.
Mr. Wiegand discussed the proposed Clean Air Act, and said at present, an exemption for coal-fired
combustion was proposed. He said present indications were that there would not be emission
requirements involving expensive retrofitting work on the Plant to comply with the Act.
Motion by Brown, second by Hoffman, to accept the analysis of the
consulting engineers concerning the non-responsive nature of the bid received from Rader
Company, based on the Stone and Webster preliminary report of October 17, 1994.
Vote on Motion: 4-0. Motion declared carried unanimously.
ECONOMIC DEVELOPMENT ADMINISTRATION GRANT AWARD (CENTRAL
BUSINESS DISTRICT): Motion by Hoffman, Second by Brown, to adopt
RESOLUTION NO. 94-468 approving acceptance of Economic Development Administration
Grant Award (Central Business District).
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
PROPOSAL FOR CONTRACT FOR SALE OF LAND TO AMES-STORY
ENVIRONMENTAL LANDFILL: Motion by Hoffman, Second by Brown, to adopt
RESOLUTION NO. 94-469 proposing contract for sale of land to Ames-Story Environmental
Landfill, Inc. and setting November 22, 1994 as date of hearing.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
COMMENTS: Coun. Tedesco said he had been involved in a meeting between Staff, contractors,
and building representatives regarding updating procedures for competitive bids and establishing
a better working relationship between the parties involved. He said the ability to negotiate bids was
discussed, and it had been mentioned that this was a common practice in other cities throughout the
State and with other agencies. He asked if Staff might review what is currently practiced in other
communities regarding the ability to negotiate bids, and determine if it is a legal procedure.
Coun. Hoffman noted she had distributed a memo to Council regarding concerns from the Kate
Mitchell School PTO.
Coun. Hoffman said the article on vandalism in City parks which appeared in this evening's Daily
Tribune was a sad commentary on the activities of a few individuals, in light of the pride this
community takes in its parks system.
ADJOURNMENT: The meeting adjourned at 9:05 p.m.
Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor