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HomeMy WebLinkAbout~Master - Special and Regular Meetings of the Ames City Council 11/23/1993MINUTES OF THE SPECIAL AND REGULAR MEETINGS OF THE AMES CITY COUNCIL AMES, IOWA November 23, 1993 The Ames City Council met in special session at 5:30 p.m., followed by a regular meeting, on November 23, 1993, in the City Council Chambers in the City Hall, 515 Clark Avenue, pursuant to law with designated Mayor Pro Tem Pat Brown presiding and the following Council Members present: Brown, Campbell, Hertz, Hoffman, and Wirth. Couns. Parks and Mayor Curtis arrived late. STORY COUNTY MAYORS ASSOCIATION'S REPORT ON AFFORDABLE HOUSING: Coun. Wirth presented the Report on Affordable Housing for Story County as prepared by the Story County Mayors Association's Affordable Housing Committee. She noted copies of the report were available for review at the Public Library, or could be purchased for $3.00 in the City Clerk's Office. Coun. Wirth said the study examined the issue of affordable housing in fifteen incorporated municipalities in Story County, with the hope that leaders in each community would be challenged to establish a comprehensive plan for future housing needs in their community. She said the study defined affordable housing as housing that costs no more than 30 percent of one's monthly income, and which is of adequate condition and appropriate size for the household. She said the report stated the shortage of affordable housing stems from an insufficient supply of housing stock and/or a mismatch between the available housing and the ability to pay for it. She said while the problem can affect all income groups, those most affected are low and moderate income households, specifically low income households who need financial assistance for their housing, low and moderate income renters who do not qualify for housing assistance, and moderate income and first- time buyers faced with lack of a down payment and lack of "starter" homes. She said as a rule, the maximum price house buyers can afford is 2 1/2 times their annual income. Coun. Wirth said the lack of affordable housing has direct consequences on the community in terms of economic development and job creation, and puts excessive demands on the present income of a community. She said ultimately, housing production must provide enough dwellings to house a growing population, and provide enough to replace existing dwellings that may be inadequate and should no longer be occupied. Coun. Wirth noted the report included data from the 1990 US Census for each of the 15 incorporated communities in Story County and then in the County overall, including rural data. She reviewed basic demographic data for Story County and for Ames, as well as data in the areas of Median Household Income, Selected Housing Characteristics and Housing Costs, Housing Units and Total Vacancy Rates, and Comparison of Housing Availability and Housing Need. She noted at 24.1%, Ames had the highest percentage in the County of persons living below the poverty level. She said 16,058 housing units were counted for Ames. She said Ames had the lowest percentage of owner occupied units at 44.1%, the highest median value of owner occupied units at $72,500, and the highest median rent at $357.00. She referred to the Study's definition of affordable housing, and noted the Study showed nearly 48% of Ames residents are spending more than 30% of their monthly income on housing. Coun. Hoffman noted the vacancy rates were not good countywide, and Coun. Wirth agreed. She said while the experts said a healthy vacancy rate is 5 to 6%, the total vacancy rate in Ames is only 2.6% and 3.2% in Story County. She said to reach a 5% vacancy rate, Ames would need about 400 additional housing units. There was discussion regarding how the Census figures might differ depending on the season in which the Census was conducted. Coun. Wirth noted the data suggested housing shortages in Ames at the very low and high income levels. She said however, many people at the high income level purposely choose to live in less costly housing units than they could actually afford. Coun. Hertz said the data seemed to show that the affordable housing problem was at least as great in the rental area as in owner-occupied housing. Coun. Wirth reviewed the section of the report on housing assistance programs, and noted it also addressed the issue of homelessness. She discussed the report's recommendations as follows: 1. Establish a county-wide task force to identify goals, strategies, and funding sources for individual communities and a collective, county-wide housing affordability plan, 2. Establish a housing databank for Story County that provides consistent, updated information on the characteristics of the population and housing in each of its communities, allowing for projections of current and future housing demand and supply, 3. Expand affordable housing options for very low, low, and moderate income households, 4. Expand the amount of rental housing available to very low and low income households through rental housing subsidies and development of rental housing affordable to very low income households, 5. Expand affordable home ownership opportunities for moderate income households, 6. Expand affordable home ownership opportunities for high income households but with minimal intervention by the public sector, 7. Establish a task force to identify service needs in the County, how these services can be most economically delivered, and the opportunities available to improve the coordination/networking of services and funding. Coun. Campbell expressed appreciation for the Committee's efforts, and said they had been faced with an overwhelming amount of work. Mayor Curtis arrived at 6:46 p.m. Coun. Hertz said she felt it would be appropriate to forward a copy of this report to the ASSET Board to help target the followup work. Coun. Wirth said one copy of the report has been distributed to each community, but it has not had wide distribution thus far. She said there may be other groups it should go to as well. Coun. Parks arrived at 6:50 p.m. Coun. Brown said she felt the Mayor should write a letter to Christine Cook and Patricia Burgess on behalf of the Council, thanking them for their work on the Committee. Mayor Curtis said he would be happy to do so. NATIONAL FAMILY WEEK: Mayor Curtis presented a proclamation to Ketha Boardman, Family Counseling Center, proclaiming November 22-27, 1993 as National Family Week in Ames. 2 HUMAN RIGHTS DAY: Mayor Curtis read a proclamation declaring December 10, 1993 as Human Rights Day in Ames. Assistant to the City Manager Sheila Lundt accepted the proclamation on behalf of the Human Relations Commission. CONSENT AGENDA: Motion by Hoffman, Second by Wirth, to approve the following items on the Consent Agenda: Motion to approve payment of claims Motion to approve minutes of the regular and special meetings of October 26, 1993 and November 9, 1993 Motion to approve renewal of the following beer and liquor licenses: a. Class C Beer - Kwik Shop #550, 715 24th Street b. Class C Liquor - O'Malley & McGee's Mexican Cafe, 716 S. Duff RESOLUTION NO. 93-423 approving appointment of Judith Perez and Paula Weidner to fill vacancies on Planning and Zoning Commission Motion to table reconsideration of Animal Control Shelter Site to December 14, 1993 Motion to set December 14, 1993 as date of public hearing to consider adopting 1993 National Electrical Code for Municipal Code, Chapter 7, Sec. 7.101 and directing City Attorney to prepare ordinance adopting Code RESOLUTION NO. 93-424 approving amendment to City's Personnel Policies regarding sick leave and vacation Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. RECESS: Mayor Curtis called a recess at 6:55 p.m. RECONVENE: The regular meeting reconvened at 7:00 p.m. PUBLIC FORUM: Carol Greiner, 307 South Riverside, said her husband and she hoped to purchase property at 1609 Jackson Drive and referred to their letter of November 15, 1993 to the Council. She said they had previously voiced objections regarding the Conceptual Development Plan for the 21st Addition to Parkview Heights. She said while some changes have since been made to the plan, they feel there is still a possibility of problems occurring on their property from backup water. KASI ROOF SIT DAY: Mayor Curtis presented a proclamation to Jamie Phillips, KASI, proclaiming November 26, 1993 as KASI Roof Sit Day in Ames. INTRODUCTION OF PLANNING AND ZONING COMMISSION APPOINTEES: Mayor Curtis noted Paula Weidner, one of the new appointees to the Planning and Zoning Commission, was present this evening. He said the other new appointee was Judith Perez. REQUEST FROM WOMEN AGAINST AIDS TO ALLOW UNDER-AGE ON PREMISES: Motion by Parks, Second by Hertz, to approve request from Women Against AIDS to allow under- age persons on the premises of People's Bar and Grill while alcohol is being served on November 30, 1993 from 9:00 p.m. to 2:00 a.m. Vote on Motion: 5-1. Voting Aye: Campbell, Hertz, Hoffman, Parks, Wirth. Voting Nay: Brown. 3 Motion declared carried 5-1. REQUEST FROM ALPHA GAMMA DELTA TO ALLOW UNDER-AGE ON PREMISES: Motion by Hertz, Second by Campbell, to approve request from Alpha Gamma Delta to allow under- age persons on the premises of the Coliseum Nightclub while alcohol is being served on December 1, 1993 from 4:00 p.m. to 9:00 p.m. Vote on Motion: 5-1. Voting Aye: Campbell, Hertz, Hoffman, Parks, Wirth. Voting Nay: Brown. Motion declared carried 5-1. REQUEST FROM ISU TELECOMMUNICATIONS DEPARTMENT TO ALLOW UNDER- AGE ON PREMISES: Motion by Campbell, Second by Parks, to approve request from ISU Telecommunications Department to allow under-age persons on the premises of The Main Attraction while alcohol is being served for the purposes of attending a banquet on December 3, 1993 from 5:00 to 8:00 p.m. Vote on Motion: 5-1. Voting Aye: Campbell, Hertz, Hoffman, Parks, Wirth. Voting Nay: Brown. Motion declared carried 5-1. REQUEST FROM ALPHA XI DELTA TO ALLOW UNDER-AGE ON PREMISES: Motion by Hertz, Second by Parks, to approve request from Alpha Xi Delta to allow under-age persons on the premises of the Coliseum Nightclub while alcohol is being served on December 4, 1993 from 7:00 p.m. to midnight. Coun. Hoffman said she would abstain from voting on this issue, as she was an alumnus of this group. Vote on Motion: 4-1-1. Voting Aye: Campbell, Hertz, Parks, Wirth. Voting Nay: Brown. Abstention: Hoffman. Motion declared carried 4-1-1. REQUEST FROM WOI TV TO ALLOW UNDER-AGE ON PREMISES: Motion by Hoffman, Second by Campbell, to approve request from WOI TV to allow under-age persons on the premises of Hunky Dory's while alcohol is being served for the purpose of attending a banquet on December 12, 1993 from 6:30 p.m. to 1:30 a.m. Coun. Wirth said she would abstain from voting on this item, as her husband was employed by WOI. Vote on Motion: 4-1-1. Voting Aye: Campbell, Hertz, Hoffman, Parks. Voting Nay: Brown. Abstention: Wirth. Motion declared carried 4-1-1. REQUEST FROM HUBBELL REALTY REGARDING DEPOT DEVELOPMENT PROJECT: Motion by Parks, Second by Hoffman, to approve request from Hubbell Realty for extension of time period for Depot Development Project. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST FROM AMES EVENING LIONS CLUB FOR USE OF DEPOT PARKING LOT: Motion by Parks, Second by Campbell, to approve request from Ames Evening Lions Club to sell wreaths in Depot parking lot on December 11, 1993. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON PROPOSAL FOR SALE OF "OLD CITY HALL" AND "O'NEIL DAIRY PARKING" SITE: Mayor Curtis declared the public hearing open. 4 Chris Wass, 4519 Grand, Des Moines, said he wanted the Council to know that he was interested in this project as well. He said he was excited about the project and felt it had the potential to be a cornerstone for a very vibrant downtown area, but would need another 60 days to complete his feasibility study and proposal. John McKinney, 315 6th Street, said he represented Greg Coy. He said he had a copy of the staff report which pointed out various objections the City had to the proposal. He said his client had also conducted feasibility studies regarding the building, and had learned that while prohibitive costs were involved in developing it for office or retail space, there was a market for retail and commercial storage space for downtown businesses. He said Mr. Coy's intent was to start out with that type of use, and then convert to another use at a later date. Mr. McKinney said he disagreed with the City's objection that a zoning permit would be required to allow a storage use in a Concentrated Commercial district, and said he felt only a building permit would be needed. He said at least six other commercial warehouse areas were located within Concentrated Commercial districts in the City, and he felt it was a compatible use. Lee Matson, Re/Max Realty, distributed a handout listing those areas. Mr. McKinney said his client would be willing to settle for a 3-year tax abatement program, and to contribute $1,000 to cover the costs of asbestos removal. He said they felt the City should give a special warranty deed in this instance, and his client would be willing to pay an additional $1200 to cover the cost of an abstract. He said they felt the O'Neil Dairy parking lot is very important to fully develop this property. Coun. Parks said while he didn't have a problem with storage as an allowable use in a Concentrated- Commercial district, he felt that should be dealt with as a separate issue. He said he was reluctant to accept the part of the offer regarding the O'Neil Dairy parking lot. He said with no developed use of the building, there should be contingencies such as a lease arrangement or other compensation rather than outright sale of the lot. There was discussion regarding the market value of the parking lot. Economic Development Coordinator Mark Reinig said bare lots in Concentrated Commercial districts were selling for $8- 10/sq. ft. Coun. Wirth said it seemed unreasonable to accept a proposal that offered no definite plans or timetable for a more profitable use. She said she would hope Council would receive a proposal to reuse this building in a manner that would help the downtown area to grow and bring some exciting opportunities to the downtown businesses. Lee Matson, 1019 Gaskill Drive, said he represented Re/Max Real Estate. He said the Code allows storage and warehouse facilities in Concentrated Commercial districts; it was merely a question of whether or not Council wanted to allow it in that space. He said commercial storage would be the easiest way to use the building, compared to the prohibitive costs of developing it as a retail or office space. He said they had talked to many downtown businesses who felt it would be worthwhile to have a storage facility of this proximity to downtown. He said they hoped to be able to eventually blend in some retail space to the main floor of the building, and would need the parking lot for those 5 retail spaces. There being no one present wishing to testify further, the public hearing was declared closed. There was discussion regarding how Council should proceed if it wanted to hear other proposals. Coun. Wirth said she would be interested in hearing other proposals. Mr. Reinig said another proposal had been submitted to City Staff last Friday, and a staff report would be presented at the next Council meeting. Coun. Parks said he felt this was a valid offer, with attractive elements. He said if Council decided to table this issue, they would be rejecting certain aspects of this offer. He noted this proposal expired on November 26, and therefore would be gone officially, unless the proposer decided to resubmit it. Coun. Hoffman said she could not approve an offer that required the City to give up spaces of a parking lot, when at this point, there were not going to be any people in the building needing those spaces. Coun. Parks said he would recommend some arrangement where the City could retain control of the lot, then revisit it in the future. Coun. Campbell said she, too, would like to see what the other offers entailed. Motion by Parks, Second by Campbell, to table a decision on the offer to purchase the 1915 Municipal Building and the O'Neil Dairy parking lot dated November 3, 1993 as submitted, to be brought up at another time. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON REPAIR OF STANGE SUBSTATION TRANSFORMER: Mayor Curtis declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Parks, Second by Hoffman, to adopt RESOLUTION NO. 93-426 finally approving plans and specifications and approving and awarding contract to Southwest Electric Company in the amount of $121,645.00 for repair of Stange Substation Transformer. Coun. Hoffman asked the age of this unit. Electrical Engineer Jacob Chacko said the unit was manufactured in 1966. He said when it failed in October of 1989, it was repaired and back on line in March of 1990, and it should have lasted another 20-25 years. He said this premature failure was unusual, and was the reason Staff recommended having it repaired by another facility rather than the one that did the original repair work. He said the insurance company has also expressed interest in investigating the cause of this failure. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON UNDERGROUND STORAGE TANK REMOVAL PROJECT: Mayor Curtis declared the public hearing open. There being no one present wishing to testify, the public hearing 6 was declared closed. Motion by Hoffman, Second by Wirth, to adopt RESOLUTION NO. 93-427 finally approving plans and specifications and awarding contract to Rasch Construction in base bid amount of $33,490.00 for removal of underground storage tanks, plus unit adjustment prices of $18.00/cubic yard for excavation and disposal of contaminated soil, and $15.00/cubic yard for backfill. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ANIMAL CONTROL ORDINANCE REVISION: Motion by Wirth, Second by Brown, to direct City Attorney to draft changes in Animal Control Ordinance that would specify security requirements for crocodiles and their allies. Vote on Motion: 6-0. Motion declared carried unanimously. REVIEW OF POSSIBLE REPRIORITIZATIONS OF FY 93-94 BUDGET TO FINANCE SOUTH RIVERSIDE/RUSSELL HOME BUY-OUTS: Coun. Campbell said she thought by tabling this issue at the last meeting, the Council was indicating a desire to wait and hear the results of the grant applications, rather than asking Staff to itemize items in the FY 93-94 budget before knowing what other funds would be available. She said she appreciated the work Staff had done, but felt her motion had been misinterpreted. Coun. Parks said he felt the motion had been to ask Staff to prepare a list of recommended reprioritizations in case no grant funds were received. City Manager Steve Schainker reviewed his memo of November 19, 1993 explaining that the City has been notified it will receive $220,500 from the total $350,000 CDBG-Supplemental Flood Relief Funds received by Story and Boone Counties. He said last week, the City heard it would receive an additional $884,000, of which $804,350 would be designated as "flood mitigation funds" to be used for the acquisition of 14 homes determined to be substantially damaged (50 percent or more) in the South Riverside/South Russell neighborhoods, and $80,435 will be provided for administrative costs. He said the City had been told these CDBG hazard mitigation flood relief funds are in lieu of the FEMA 404 program. He said this was notification of allocation of funds, which will begin an application process that would need to be approved by the IDED. He said Staff would begin meeting with the residents next week to begin that application process. Mr. Schainker said the total commitment received by the City to date was $1,024,850. He reminded Councilors that while the $1,650,000 requested assumed that 32 homes would be acquired and removed, it was unlikely all homeowners would wish to participate and therefore the total $1,650,000 might not be required. He said there may also be one or two homes whose damage did not warrant purchase. Therefore, he said, it was possible the total amount needed to fund the program might be reduced. He said Staff has started the process of prioritizing, and will be contracting out to determine elevation measurements. Mr. Schainker said while he had prepared this list identifying projects which could be either eliminated or delayed in order to free up funds to finance the total proposed recovery program, he did not feel they needed to be reprioritized at this time. He said he did not feel they had exhausted the possibilities for supplemental CDBG funds which might be available for those homes damaged 7 under 50%. Coun. Hertz asked if money would be available to move or demolish these homes once they were purchased. Housing Coordinator Vanessa Baker-Latimer said the acquisition/demolition program was part of the $804,350 flood mitigation funds received. She said the allocation rules had changed since the City submitted its FEMA 404 application, and reviewed how CDBG ended up funding a major portion of what originally was to be funded by FEMA. Coun. Parks said he was encouraged by the grant monies received to date. He said he felt in order to assess the final gap, they now needed to determine how many homes were substantially damaged and how many needed to be bought out. City Manager Schainker reviewed how the Staff had arrived the number 32 for home acquisition or removal. He said Staff had added 5 homes on South Maple to the original number submitted by the homeowners association, because they were in the floodway. He said while some of those homes may not have sustained 50% damage, they may be below an certain elevation line and therefore warrant being purchased. Ms. Baker-Latimer said Staff's original hazard mitigation application identified 32 homes and requested funds to buy them out. She said that initial application had shown 7 homes damaged at 50% or more, based only on information supplied by the homeowners. She said as the funding allocations changed, the decision to fund only at 50% or more damage was made by the State and by FEMA. She said Staff had an opportunity then to go to the neighborhood to verify damage and added an additional 7 homes sustaining substantial damage. She said the numbers used to determine damage were based on 1993 flooding, rather than being cumulative from other floods. She said the building's assessed value was used in damage assessment. Ms. Baker-Latimer noted the Council had previously approved a priority system which placed substantially damaged homes, whether in or out of the floodway, as first priority. She said Staff will be meeting with the homeowners again next Tuesday night to answer further questions. Coun. Wirth said she'd heard from two residents who said their homes had not been inspected, and wondered whether they were in the substantially damaged category. Coun. Parks suggested concerned individuals might wish to call the Building Inspector to see if their homes were included. Building Inspector Jeff Pearson said he had been receiving such calls from residents. PROPOSED ISSUANCE OF GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1994: Motion by Parks, Second by Hertz, to adopt RESOLUTION NO. 93-425 setting December 14, 1993 as date of hearing for proposed issuance and sale of $3,825,000 General Obligation Corporate Purpose Bonds, Series 1994. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REGARDING SUBDIVISION ENTRANCE SIGNS: Motion by Parks, Second by Campbell, to direct the City Attorney to prepare ordinance requiring subdivision entrance signs. Vote on Motion: 6-0. Motion declared adopted unanimously. 8 PC-PLAN AMENDMENT FOR BRENTON BANK: Motion by Parks, Second by Hoffman, to adopt RESOLUTION NO. 93-428 approving a P-C plan amendment for Brenton Bank, North Grand Mall, to allow ATM machines and canopies. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Coun. Brown asked that Council receive a progress report from the Flood Task Force. Coun. Hoffman referred to a November 3, 1993 letter from Craig Corson and asked when the repairs to the Squaw Creek Nature Trail would be made. Assistant City Manager Bob Kindred said the Public Works Department has received quotes and is working with contractors to try to get that work done, even yet this fall if possible. He said the project will be paid for out of the Public Assistance Funds. Mayor Curtis noted the City had received a check for approximately $584,000 as a first payment on public assistance. Coun. Hoffman said she had received complaints regarding the rusty water problem on Melrose Avenue, and said she had not realized it was an ongoing problem. City Manager Steve Schainker said he knew a satisfactory solution had not been reached. He said in clearing the water in response to some original complaints, the situation had been stirred up for other areas. He said Staff would be meeting tomorrow to discuss possible solutions. Coun. Hertz said many people felt the experiment was completed, and so were unclear about the next step. Mr. Schainker said it was likely that the water should have been shut off for a longer period of time during the experiment, to allow the chemicals to work longer in the system. He said however, there were problems from a water main break, and Staff was anxious to get water back to the customers. He said he didn't know if they would repeat the process, but if so, a temporary water system would need to be set up for residents. Mayor Curtis suggested the item be referred to Staff, and placed on the next Council agenda. Coun. Hoffman asked that the letter regarding the bikepath in the Timberland Road area be forwarded to the Bikepath Committee. Coun. Parks said he had received calls regarding leaf burning and asked when that item was scheduled for Council consideration. There was discussion regarding the appropriateness of considering an ordinance at this time, when the burning season is nearly over. There seemed to be consensus that this item did not need to be a priority consideration at this time. Coun. Campbell noted the Council had received correspondence from the Crawford area neighborhood concerned about a structure that has gone through the Zoning Board of Adjustment process. She said questions have arisen regarding the policy of notifying residents within a 200-ft. radius of the subject property, and asked how that policy was derived. She said in some instances, 200 ft. was an adequate notification area, but in other instances the structure might affect areas outside a 200-ft. radius, even more so than those within 200 ft. 9 City Attorney John Klaus said the 200-ft. rule was neither a State law nor a City Council policy, but was a rule of the Zoning Board of Adjustment designed to provide notice to potentially interested and affected parties. He speculated the 200-ft. dimension was probably borrowed from the statutory provision regarding rezoning notifications. He said it was not the only means used to provide notice, and noted the ZBA pending agendas are also published in the newspaper. Coun. Campbell said she was concerned that the ordinary citizen did not read the legal notices in the newspaper, and she felt a broader notification system might be required in certain instances. She asked whether Council could dictate broader notification requirements to the ZBA, and City Attorney Klaus said he felt they could adopt an ordinance doing so. Coun. Parks suggested the issue be brought to the Zoning Board of Adjustment, and that they be asked to look at the current rule and see if it's appropriate. City Attorney Klaus said some communities require a placard to be erected at the subject site. The Council members discussed that possibility and seemed to concur it had merit. Coun. Campbell suggested they might ask Staff to report back on the current process and other options, such as the placard. Coun. Parks said he felt the ZBA should consider the matter first. Motion by Parks, Second by Hoffman, to ask the Zoning Board of Adjustment to review the current 200 ft. notification process and consider possible options of broadening the process. Vote on Motion: 6-0. Motion declared carried unanimously. ADJOURNMENT: The meeting was adjourned at 8:25 p.m. Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor 10