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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 07/27/1993MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA JULY 27, 1993 The Ames City Council met in regular session at 7:00 p.m., July 27, 1993, 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: Brown, Campbell, Hertz, Hoffman, and Wirth. Council Member Parks was absent. CONSENT AGENDA: The item regarding a change order for the Elwood Drive and South 4th Street Reconstruction Project was pulled from the Consent Agenda. Moved by Campbell, seconded by Hoffman, to approve the remaining items on the Consent Agenda. Motion to approve payment of claims. Motion to approve minutes of special meeting of June 30, 1993, and of regular meeting of July 13, 1993. Motion to approve renewal of the following beer and liquor licenses: a. Class E Beer - Quiktrip #511, 302 Welch Avenue. b. Class C Beer - EZ Mart #4, 3337 Lincoln Way. c. Class C Liquor - Ogden Entertainment Services, Iowa State Center. d. Class C Liquor - Sportsman's Lounge, 123 Main Street. e. Class C Liquor - Cafe Northwest, 114 South Duff Avenue. RESOLUTION NO. 93-281 approving appointments to fill unexpired terms of office on the Ames Beautification Committee, Board of Electrical Examiners and Appeals, and the Human Relations Commission. RESOLUTION NO. 93-282 approving contract with University Community Childcare for FY 1993-94 funding. RESOLUTION NO. 93-283 accepting the Annual Report for the Employee Benefit Trust for the City of Ames. RESOLUTION NO. 93-284 pertaining to disbursement of hospital funds. RESOLUTION NO. 93-285 approving plans and specifications for U.S. Highway 69 Rehabilitation Project from South 2nd Street to Grand Avenue; setting August 18, 1993, as bid due date and August 24, 1993, as date of hearing and award of contract. RESOLUTION NO. 93-287 approving request to waive formal bidding requirements and authorizing purchase of computer hardware maintenance from IBM Corporation. RESOLUTION NO. 93-288 approving report of response to solicitation of bids for Asphalt Paver and authorizing that new bids be solicited. RESOLUTION NO. 93-289 accepting completion of Lincoln Way and Dayton Avenue Intersection Improvements and Signalization Project. Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ELWOOD DRIVE/SO. 4TH STREET RECONSTRUCTION PROJECT: Counci Member Brown stated her concern regarding the significant increase in this paving project. Public Works Director Paul Wiegand explained the different design concepts which were considered for this project. He further explained that the existing paving was broken into small pieces in order to allow water to drain away. The original design called for the paving to be placed directly onto the broken up paving. Wet soil conditions under the existing paving caused excessive movement problems. Due to the soft sub-base underneath the paving, it became evident that to correct the elevation problems caused by the movement, additional granular material had to be placed. Some discussion was held regarding the height of Elwood Drive and the effect it might have on flooding in the area. Mr. Wiegand indicated that the increase of three to five inches in height would have relatively no effect on flooding. Moved by Brown, seconded by Wirth, to adopt RESOLUTION NO. 93-286 approving a change order for additional rock in the amount of $149,000 to be funded through issuance of General Obligation Bonds for the Elwood Drive and South 4th Street Reconstruction Project. Roll Call Vote: 5-0. Resolution 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. UNITED WAY BANNER: Moved by Hoffman, seconded by Hertz, to approve the request from United Way to hang a banner across Main Street from September 14 through October 22, 1993. Vote on Motion: 5-0. Motion declared carried unanimously. IOWA GAMES FIREWORKS PERMIT: Moved by Hertz, seconded by Campbell, to approve the request from the Iowa Games for a fireworks permit for August 6, 1993. Vote on Motion: 5-0. Motion declared carried unanimously. ENCROACHMENT PERMIT FOR 2530 LINCOLN WAY: Moved by Wirth, seconded by Hoffman, to approve a request for an encroachment permit to install an awning sign for property located at 2530 Lincoln Way. Vote on Motion: 5-0. Motion declared carried unanimously. ENCROACHMENT PERMIT FOR 116 CLARK AVENUE: Moved by Campbell, seconded by Hertz, to approve a request for an encroachment permit to install an awning for property located at 116 Clark Avenue. Vote on Motion: 5-0. Motion declared carried unanimously. ENCROACHMENT PERMIT FOR 108 HAYWARD AVENUE: Moved by Hoffman, seconded Campbell, to approve a request for an encroachment permit to install an awning sign for property located at 108 Hayward Avenue. Vote on Motion: 5-0. Motion declared carried unanimously. ORDINANCE DESIGNATING TRUCK LOADING ZONES/PLACING METERS IN CAMPUSTOWN: Moved by Hertz, seconded by Wirth, to pass on first reading an ordinance designating six truck loading zones on Hayward Avenue, Lincoln Way, Chamberlain Street, Hunt Street, and Welch Avenue; and placing parking meters along the east side of Welch Avenue from Lincoln Way to Chamberlain Street and along the west side of Welch Avenue from Chamberlain Street to Storm Street. City Manager Schainker indicated that these changes will be implemented sometime in October. It was determined that in order to establish the new truck loading zones, some customer parking had to be removed. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE DESIGNATING BUS LOADING ZONES ON BURNETT AVENUE: Moved by Hoffman, seconded by Campbell, to pass on first reading an ordinance designating a 175-foot bus loading zone from 7:00 a.m. to 5:00 p.m. weekdays on the east side of Burnett approximately 250 feet south of 20th Street; and, prohibiting parking a distance of 25 feet on both sides of the crosswalk along the east and west sides of Burnett Avenue. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE RESTRICTING PARKING ON WESTBROOK DRIVE: Moved by Campbell, seconded by Wirth, to pass on second reading an ordinance designating parking prohibitions on Westbrook Drive from Hickory Drive to the west end of the street. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE PROHIBITING PARKING ON INDIAN GRASS COURT: Moved by Campbell, seconded by Hoffman, to pass on second reading an ordinance prohibiting parking along the south side of Indian Grass Court from Beach Avenue to the median inside the cul-de-sac, and delaying implementation of parking measures along the street within the cul-de-sac area until September 1, 1993. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE REMOVING THROUGH STREET DESIGNATION ON CLARK AVENUE: Moved by Hertz, seconded by Wirth, to pass on second reading an ordinance removing the through street designation on Clark Avenue. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Wirth, seconded by Brown, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Wirth, seconded by Hertz, to pass on third reading and adopt ORDINANCE NO. 3231 removing the through street designation on Clark Avenue. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE DELETING STREETS FROM SNOW ROUTE: Moved by Hoffman, seconded by Wirth, to pass on third reading and adopt ORDINANCE NO. 3232 removing snow route designations due to bus route changes on Roosevelt Avenue from 10th Street to 16th Street; 10th Street from Grand Avenue to Roosevelt Avenue; Kellogg Avenue from 20th Street to 28th Street; and, 28th Street from Kellogg Avenue to Grand Avenue. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. 3 WORKSHARING AGREEMENT WITH IOWA CIVIL RIGHTS COMMISSION: Moved by Campbell, seconded by Hertz, to adopt RESOLUTION NO. 93-290 approving a cooperative worksharing agreement between the City of Ames' Human Relations Commission and the State Civil Rights Commission. Assistant to the City Manager Sheila Lundt stated that due to State staff cuts, the Iowa Civil Rights Commission has divided the state into zones so that more discrimination complaints might be handled by cities with local commissions. Under this worksharing agreement, the State intends to reimburse the City's Human Relations Commission for each accepted local complaint resolution forwarded by our commission and for each intake case made and forwarded on to the Iowa Civil Rights Commission for investigation. Ms. Lundt reported that the additional funds would help support the local commission's educational efforts. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. FLOOD PLAIN ORDINANCE AMENDMENT: City Attorney John Klaus reviewed the action taken by the Council at their special meeting held July 21, 1993. He was directed to draft a proposed amendment to the flood plain ordinance, whereby allowing new manufactured homes to be brought onto the mobile home park site and elevated only 36" above grade if the new unit could be brought in for the purpose of replacing a unit that was not substantially damaged by flooding. At this time, there was discussion regarding the elevated homes needing to be placed on reinforced piers. Because Iowa law requires certain procedural steps regarding zoning ordinance changes, Mr. Klaus noted that the Iowa Department of Natural Resources (DNR) would need to approve this proposed amendment before the City could adopt it. The public hearing for the first passage of the ordinance amendment will be held August 10, 1993. When questioned by the Council, he stated that if the City had not heard back from the DNR by that date, the public hearing would be postponed until such time that an answer was received. City Attorney Klaus clarified that this amendment to the ordinance pertains to mobile home parks within the City and relates only to manufactured housing. If the DNR does not approve the proposed amendment, then the City Council would not adopt the ordinance change. Council Member Brown indicated that because she felt people should not be allowed to locate back into a flood-damaged area, she would vote against referral of the amendment to the DNR. Moved by Wirth, seconded by Hoffman, to refer the proposed amendment to the flood plain ordinance to the Iowa Department of Natural Resources and the City of Ames Planning and Zoning Commission, whereby allowing new manufactured homes to be brought onto the mobile home park site and elevated only 36" above grade if the new unit could be brought in for the purpose of replacing a unit that was not substantially damaged by flooding; and to set August 10, 1993, as the date of public hearing for the proposed amendment. Vote on Motion: 4-1-1. Voting Aye: Campbell, Hertz, Hoffman, Wirth. Voting Nay: Brown. Absent: Parks. City Manager Schainker stated that the owners of the King's City Mobile Home Park needed the Council to clarify whether or not the City would, at this time, allow individual homeowners in the 4 park to move new units in for the purpose of replacing homes that were not substantially damaged. City Attorney Klaus emphasized that the City could not assume that the DNR will approve the ordinance amendment, therefore, he advised against anyone moving new units onto the site at this time. Kim Sharp, owner of the mobile home park, stated that according to City inspectors and the Federal Emergency Management Agency (FEMA) representatives, there was one row of lot spaces that was acceptable for the placement of manufactured homes. City Attorney Klaus explained that the only way it would be permissible to replace a home that was not substantially damaged would be to locate the new unit one foot above the base flood elevation. According to City staff, a survey would need to be done by the property owner in order to verify and establish that elevation. Jeff Holdorf, 1006 South Dayton Road, Unit #38, stated that he was capable of rebuilding his home and could elevate the unit in order to bring it within the code. However, he was concerned that if he went to the expense to repair his home, he may be out that money if it was later determined that people would not be able to locate in this park. Council Member Campbell stated that the City Council's hands were tied until they heard back from the DNR. Mayor Curtis indicated that the Council had no answers for the residents of King's City park until they receive the DNR's response, but they will try to expedite the process once an affirmative answer is received. Bill Ridnour, Unit #21 of King's City Mobile Home Park, stated that he has to move out of the dormitory towers by August 6, and he wanted to know if he could move a new trailer into the row that the park owner claimed meets the guidelines. City Attorney Klaus explained that if it was evident that the row was above the base flood elevation, it would be acceptable for Mr. Ridnour to locate there. However, it was up to Mr. Sharp to have this land surveyed in order to prove the row was above the elevation. Todd Buchanan, Des Moines, reported that he was the attorney representing Mr. and Mrs. Sharp. He realized that the Council's hands were tied, however, he felt there were things within their power to help the homeowners at King's City park. Mr. Buchanan asked about the reinforced piers referred to by City staff and if there was any documentation to determine guidelines for the piers. City Attorney Klaus indicated that he had received a book from FEMA which included photographs and formulas for reinforced piers. There were also some copies available in the Planning and Housing Department. PURCHASE OF CITY-OWNED PROPERTY: This item was pulled from the Council agenda. CDP FOR CARTER SUBDIVISION: Moved by Hoffman, seconded by Campbell, to adopt RESOLUTION NO. 93-291 approving the Conceptual Development Plan (CDP) for the Carter Subdivision with the following stipulations: that Outlot A be dedicated to the City for the right-of- way of 13th Street; that Outlot C be dedicated to the county for the right-of-way of Stage Coach Road; and, that the wastewater disposal system for the existing home on Lot 2 be brought into compliance with applicable state and county codes prior to approval of the final plat. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. ANNEXATION OF LAND WEST OF SOUTH DAKOTA AVENUE: Moved by Wirth, 5 seconded by Hertz, to adopt RESOLUTION NO. 93-292 approving annexation of land generally located west of South Dakota Avenue and north of U.S. Highway 30. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. 1992-93 SPECIAL PURPOSE GRANT: Council Member Wirth stated that she was interested in receiving more information with regard to use of the grant money for a manufactured housing subdivision. She felt that by looking at the development of an area with manufactured and/or modular housing units, the City might be able to maximize the number of units achieved with this grant money. Planning and Housing Director Brian O'Connell indicated that staff was willing to pursue manufactured and/or modular housing as an Request For Proposal (RFP) option. He pointed out that there is a difference between manufactured and modular housing. He felt that the concept in general is something that City staff would be willing to explore. Council Member Brown stated that the affordable housing project seemed to target those people qualifying for the purchase of stick-built homes. She felt there was currently a need to target those people in the community who can not afford a down payment as well as those who can not afford to pay rent. Council Member Brown further felt that a manufactured housing park in which a person could rent space might be an appropriate alternative in affordable housing. Mayor Curtis stated that Council would need to look at rezoning property to R-5 in order to accommodate a manufactured housing subdivision. Council Member Wirth stated that she would like to see information provided that would indicate where it might be feasible to do this type of development. Discussion was held regarding the concept of the affordable housing RFP which has already been approved by Council. The RFP has not been sent out as of this date, and that what was agreed upon has only been submitted for approval by application to Housing and Urban Development (HUD). An addition to the RFP which includes manufactured housing and modular homes alternatives was discussed. It was concluded that an analysis would need to be done in order to ascertain whether or not modular housing was a lower cost option in lieu of stick-built homes. Further discussion was held regarding home ownership and tenancy of the units. It was determined that the important issue is to provide decent affordable housing at a cost that people can afford whether it be by ownership or rental. Eric Immerman, King's City Mobile Home Park resident, stated that he falls into that gap of being one who can not afford to purchase a home through the City's affordable housing project on Ken Maril Road. However, owning a manufactured home is affordable for him. He further stated that he would appreciate having more affordable housing available to him. Mayor Curtis stated that it was his observation that there was a property owner of land already zoned R-5 who had initiated the development process of the area. However, it had come to a halt due to the "red tape" involved with the process. He further stated that when the application for the grant was prepared, it was determined that expediency was the key. It was his perception that if nothing was done by October 1993, the City could lose the grant money. 6 Vanessa Baker-Latimer, Housing Coordinator, stated that it was anticipated HUD would be responding sometime in August, and City staff would like to have some sort of decision on the RFP which needs to be sent out. The grant money would be utilized for the infrastructure for construction of affordable housing. Therefore, the grant itself is tied to land for development. Ms. Baker-Latimer felt that as long as the City met the main intent of the grant, which is to assist low- income, first-time home buyers, HUD would be flexible; however, the parameters of assisting home buyers versus renters had not been addressed with HUD. It was determined that the HUD application focuses more on the type of housing as well as the number of units, and there would be no constraints other that what is placed in the RFP. Moved by Brown, seconded by Wirth, to have City staff explore the options of including manufactured and modular housing in the proposed Request For Proposal (RFP) for affordable housing development which is consistent with the 1992-93 Special Purpose Grant application. Council Member Wirth felt that it was important to get costs associated with the installation of the infrastructure and the manufactured and modular housing units. Vote on Motion: 5-0. Motion declared carried unanimously. COMMENTS: Moved by Brown, seconded by Campbell, to reconsider approval of the marketing process of the Public Safety Building. Vote on Motion: 5-0. Motion declared carried unanimously. Council Member Brown stated her concerns about water management within the City and that Council needs to look at this issue more aggressively. Council Member Wirth wants the Council to look at phasing in of the footing drain program due to the flooded basements. Mayor Curtis pointed out that the drains have the ability to pump the water out, and the question was whether they are pumping the water into the sanitary sewer or into the street. This program would not solve the problem of wet basements. Council Member Wirth stated that due to poor visibility at the intersection of 5th Street and Douglas Avenue, she requested that City staff look at the placement of stop signs on 5th Street. According to Public Works staff, the situation had already been addressed. Parking spaces were eliminated on Douglas Avenue so as to improve visibility at the intersection. Council Member Hoffman stated that a household hazardous waste pick-up day had been scheduled for August 6, 1993, from 9:00 a.m. to 6:00 p.m., however, a site has not yet been determined. Paint will be included in the pick-up. She indicated that there was also a paint exchange scheduled for August 28, 1993. Council Member Campbell asked staff if there was a significant number of sanitary sewers that backed up during the flooding. Public Works Director Paul Wiegand stated that he was not aware of any structural problems with any existing pipe other than on Stange Road. City Manager Schainker urged persons suffering from damage due to flood waters or ground water infiltration to apply for assistance with FEMA. The number of people making application was very 7 low. Council Member Campbell indicated that she knew of several people who were willing to volunteer for sandbag clean-up when that process begins. ADJOURNMENT: The meeting adjourned at 8:40 p.m. ________________________________ ___________________________________ Jill Ripperger, Deputy City Clerk Larry R. Curtis, Mayor 8