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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 08/11/1992MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA AUGUST 11, 1992 The Ames City Council met in regular session at 7:00 p.m., August 11, 1992, in the City Council Chambers in the City Hall, 515 Clark Avenue, pursuant to law with Mayor Curtis presiding and the following Council Members present: Campbell, Hoffman, Parks, and Wirth. Council Member Brown arrived late and Council Member Hertz was absent. HOMELESS ANIMALS' DAY: Lorna Lavender from the Ames Animal Control Shelter and Vicki Eide accepted a proclamation from Mayor Curtis proclaiming August 22, 1992, as Homeless Animals' Day. PRESENTATION BY SUMMER INTERN: Summer Intern Eric Wylie gave a presentation on his internship with the City since beginning in July 1987. He highlighted those projects in which he participated. Mr. Wylie thanked City staff and the Mayor and Members of the City Council for their support during his internship program. Council Member Brown arrived at 7:07 p.m. CONSENT AGENDA: An item on the Step Van Body and Aerial Device was pulled from the Consent Agenda. Moved by Hoffman, seconded by Parks, to approve the remaining items on the Consent Agenda. Motion to approve minutes of the special meetings of June 20 and 21,1992, and the regular meeting of July 28, 1992. Motion to approve payment of claims. Motion to set August 20, 1992, as City Council Workshop date for Campustown design concepts. Motion to approve renewal of the following beer and liquor licenses: (a) Class C Liquor - Ogden Entertainment Services, Iowa State Center. (b) Class C Liquor - People's Bar & Grill/Lumpy's Underwhere?, 2428-2430 Lincoln Way. (c) Class C Beer - Cyclone Truck Stop, 1811 South Dayton Avenue. Motion to refer to Staff request from Marguerite Sevde for special assessment of sewer and water for the proposed Northrup King Project. RESOLUTION NO. 92-300 approving request from Center for Childcare Resources for lump sum payment of their City ASSET allocation. RESOLUTION NO. 92-301 approving preliminary plans and specifications for 1992 Footing Drain Program and setting August 28, 1992, as bid due date and September 8, 1992, as date of hearing and award of contract. RESOLUTION NO. 92-302 authorizing change order for 1992 Street Reconstruction Program. RESOLUTION NO. 92-303 authorizing change order for 1990 Water Program No. 1. RESOLUTION NO. 92-304 approving completion of watermain, sanitary sewer, storm sewer, and street paving for Valley East Subdivision, Plat I and II. Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. STEP VAN BODY AND AERIAL DEVICE: Sheila Lundt, Assistant to the City Manager, reported that Staff is still in the process of reviewing the bids for this equipment. She indicated that it may be September before this item comes back to Council, but the Council Action Form had indicated that it would be brought back before them at the August 25, 1992, meeting. Moved by Hoffman, seconded by Parks, to delay the reporting of the bids and award of contract for the Step Van Body and Aerial Device. Vote on Motion: 5-0. Motion declared carried unanimously. PUBLIC FORUM: No one appeared for this portion of the meeting. NEW BEER PERMIT AND LIQUOR LICENSE: Moved by Campbell, seconded by Wirth, to approve applications for the following new beer permit and liquor license: (a) Class B Beer - Battle's BBQ, 113 Colorado Avenue. (b) Class C Liquor - Rosario's Italian Restaurant, 217 S. Duff Ave. Vote on Motion: 5-0. Motion declared carried unanimously. BANNER REQUEST: Moved by Wirth, seconded by Parks, to approve a request from the Iowa State University Relations Office to hang a banner across Lincoln Way near Beach Avenue from August 14 to September 14, 1992. Vote on Motion: 5-0. Motion declared carried unanimously. REQUEST FOR EXEMPTION FROM WATER AND SEWER RATE ORDINANCE: City Manager Schainker explained that Staff has received a request from Mrs. Merlin Cook, 406 Pearson, seeking relief from a utility bill totaling $245.20. While Mrs. Cook was on vacation, her neighbors turned on the water to care for her grass and plantings. The water was not turned off again, and as a result of a leaky toilet, Mrs. Cook received the large utility bill. Mr. Schainker pointed out that although Mrs. Cook did not receive a benefit from our utility service, there were actual costs incurred for these services. The leaky toilet utilized water that was treated in our Water Plant and ran down the sewer line to be treated at our WPC Plant. Council Member Campbell stated that she was going to abstain from voting on this issue because Mrs. Cook is a close neighbor and friend. Moved by Brown, seconded by Wirth, to adopt RESOLUTION NO. 92-305 denying a request to waive the City sewer/water rate ordinance and instructing Staff to allow Mrs. Cook to pay back the utility bill of $245.20 over a number of months. Roll Call Vote: 4-0-1. Voting Aye: Brown, Hoffman, Parks, Wirth. Voting Nay: None. Abstaining: Campbell. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. REQUEST FOR WAIVER OF UTILITY DEPOSIT: Moved by Brown, seconded by Parks, to adopt RESOLUTION NO. 92-306 denying a request by the Krause Gentle Corporation, dba Your Style, to waive the utility deposit requirement. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REZONING PROPERTY AT 2902 EAST 13TH STREET: Moved by Parks, seconded by Hoffman, to pass on second reading an ordinance rezoning property located at 2902 East 13th Street from C-1 (Commercial, Story County) to G-I (General Industrial, City of Ames). Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Parks, seconded by Hoffman, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Hoffman, seconded by Campbell, to pass on third reading and adopt ORDINANCE NO. 3188 rezoning property located at 2902 East 13th Street from C-1 (Commercial, Story County) to G-1 (General Industrial, City of Ames). Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REZONING PROPERTY LOCATED AT 2412 TIMBERLAND ROAD: Moved by Parks, seconded by Hoffman, to pass on second reading an ordinance rezoning property located at 2412 Timberland Road from R-1 (County) to R1-10 (Low-density Residential). Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Parks, seconded by Hoffman, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Hoffman, seconded by Campbell, to pass on third reading and adopt ORDINANCE NO. 3189 rezoning property located at 2412 Timberland Road from R-1 (County) to R1-10 (Low-density Residential). Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REVISING THE "FEEDING THE METER" ORDINANCE: Moved by Parks, seconded by Hoffman, to pass on third reading and adopt ORDINANCE NO. 3186 revising the "feeding the meter" ordinance, Section 18.29 of the Municipal Code, to allow vehicles to park in all metered stalls in Campustown and Downtown for up to four hours. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REVISING PARKING IN CAMPUS AREA: Moved by Parks, seconded by Hoffman, to pass on third reading and adopt ORDINANCE NO. 3187 revising alternate side parking restrictions in the Campus area on Ash, Hughes, Lynn, and Stanton Avenues and Baker, Donald, Graeber, Knapp, and Storm Streets. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and 3 hereby made a portion of these minutes. KENNEL ATTENDANT FOR ANIMAL CONTROL SHELTER: City Manager Schainker explained that during the 1992-93 budget, the Council approved $7,280 to contract for kennel attendant services at the Animal Control Shelter. At that time, the Council specifically approved contractual services rather than authorizing a permanent staff position. Bids were let, however, only one cleaning contractor submitted a bid at a cost of $12,081 annually. It was determined that it would cost more to contract the kennel attendant services out than it would to hire a permanent, part-time employee from the City. Moved by Hoffman, seconded by Parks, to adopt RESOLUTION NO. 92-307 approving a permanent .3 FTE Kennel Attendant position for the Animal Control Shelter, with the position to be funded from the $7,280 previously approved in the 1992-93 budget for providing this same function through contractual services. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CHANGE IN SCHOOL CROSSING SIGNAGE: Moved by Campbell, seconded by Brown, to adopt RESOLUTION NO. 92-308 approving a change in school crossing signage at Dotson/Lincoln Way, Franklin/Lincoln Way and 30th/Grand intersections and directing the City Attorney to draft an ordinance changing the school crossing signage to read "No Right Turns When Children Are Present". Vote On Motion: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CHANGE ORDER FOR LINCOLN WAY REHABILITATION PROJECT: Moved by Wirth, seconded by Hoffman, to adopt RESOLUTION NO. 92-309 authorizing Change Order No. 1 and obligating the City's 25% share of $3,627.04 to be paid from the local option sales tax fund. Vote On Motion: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COOPER'S SECOND SUBDIVISION STREET IMPROVEMENTS PROJECT: City Engineer Byg asked that the City Council defer the award and approval of a contract for Cooper's Second Subdivision Street Improvements Project until August 25, 1992. Moved by Parks, seconded by Hoffman, to adopt RESOLUTION NO. 92-310 deferring the award and approval of a contract for Cooper's Second Subdivision Street Improvements Project until August 25, 1992, and authorizing the Public Works Director to acquire the funds guaranteed by the bank Letter of Credit if the street paving in Cooper's Second Subdivision is not completed by August 24, 1992. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. UPDATE ON DEPOT PROJECT: City Manager Schainker reiterated background information regarding the Depot Development Project and where it stood at this time. Under previous direction, the City Council had instructed Staff to negotiate the terms of the developer's agreement between the City and the Ames Depot Limited Corporation (ADLC) by August 1, 4 1992; however, the agreement has not been finalized due to some reworking of the corporation. Mr. Schainker reported that Hubbell Realty Company of West Des Moines, Iowa, had previously been asked to participate in the project by acting as the leasing agent. However, the ADLC requested that Hubbell Realty expand their role and assume control of the corporation and provide leadership for the Depot Project. Hubbell Realty would also become financial investors in the project. Mr. Schainker asked the Council to extend the deadline for completion of the developer's agreement. Bob Olson of VOV Architecture + Design, P.C., Des Moines, Iowa, explained Ames Depot Limited Corporation's request for an extension of time. He referred to a letter submitted by Hubbell Realty Company regarding the timetable for the project in the upcoming months. The letter indicated that the developers would seek Council's approval of a developer's agreement in late October 1992. Moved by Parks, seconded by Brown, to adopt RESOLUTION NO. 92-311 approving Ames Depot Limited Corporation's request to extend the deadline for completion of the developer's agreement for the Ames Depot Project until October 27, 1992. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. AMENDMENT TO HOSPITAL'S MASTER SITE PLAN: Moved by Parks, seconded by Hoffman, to reconsider Mary Greeley Medical Center's request to amend the Master Site Plan. Vote On Motion: 5-0. Motion declared carried unanimously. Moved by Parks, seconded by Hoffman, to adopt RESOLUTION NO. 92-312 approving a request to amend the Master Site Plan for Mary Greeley Medical Center, which would include the following features: 1. a revision to the sequence of building construction. (a) west building addition along with parking ramp construction would be the first phase; and, 2. demolition of the 1916 and 1939 additions and reconstruction in that area would be the next phase; and, 3. No construction of the South Tower Addition is now apparent. If any construction is to occur south of the current building footprint, this construction would occur well into the future. Roll Call Vote: 4-1. Voting Aye: Campbell, Hoffman, Parks, Wirth. Voting Nay: Brown. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. PUD PLAN AMENDMENT FOR WESTWOOD VILLAGE: Moved by Brown, seconded by Campbell, to adopt RESOLUTION NO. 92-313 approving an amended Planned Unit Development (PUD) Plan for Westwood Village, which is generally located west of Marshall Avenue, north of Lincoln Way, east of McDonald Drive and south of Hickory Drive with the following stipulations: 1. that parking be removed from the west side of Marshall Avenue at the time that the Marshall Avenue driveway is installed; and, 2. that signs be placed at the driveway entrances on Marshall, indicating "Private Driveway"; 5 and, 3. that the driveway easement in Lot 5 be moved to coincide with the actual driveway location, and that cross easements between Lots 5 and 6 for the north parking lot be described and recorded prior to issuance of building permits; and, 4. that easements be recorded for the six-inch water main and hydrants proposed within the PUD prior to issuance of building permits; and, 5. that the Declaration of Covenants, Conditions and restrictions be changed to reflect the change in the location of the recreation areas and to allow the construction of Building C and the north parking lot; and, 6. that the mechanical room for the pool be removed by October 1, 1992. Brian O'Connell, Director of the Planning and Housing Department, explained the differences between the plan which was originally approved in 1975 and the proposed plans before the Council at this time. He further explained that the approved 1975 plan allows for the construction of a total of 83 units, which would be comprised of apartments, townhouses, and single-family detached residences. Thirty-four (34) units have been completed, which include three apartment buildings and one single-family residence. There are 12 additional units nearing completion, and they are located in two duplex structures and two four-unit apartment buildings. The proposed plan would allow for the construction of a total of 79 units, which would include 32 new apartment units and one single-family dwelling. The present request involves additional construction of two, three-story apartment buildings and one two-story apartment building. Mr. O'Connell stated that the proposed plan will offer more open space to the development. This open area will also retain storm water run-off as will two to three detention basins which are currently under construction. He reported that approval of the developer's proposed plan will reduce the total number of units, add more spaces for on-site parking, heighten accessibility to the site, add landscaping for buffering between Edwards School and the neighborhood, and add other amenities as well. Mr. O'Connell stated that the Planning and Zoning Commission had reviewed this request and recommended that it be approved. Staff was also recommending that the PUD Plan amendment be approved by Council. Mark Engelbrecht, architect, stated that he was representing the developer for Westwood Village. He pointed out that the developers have met with the various neighborhood groups and tried to incorporate most of their concerns into the proposed plan. Mr. Engelbrecht reiterated the new plan's deviations from that which was previously approved. Jim Bradshaw, landscape architect from Snyder & Associates, Ankeny, Iowa, stated that the significance of the proposed plan is that it offers fewer units and more open space. Mr. Bradshaw reported that many existing oak trees are being preserved, and over 100 additional trees will be planted to serve as a buffer and screening. Mohammad Elahi, traffic analyst, Huxley, Iowa, discussed an evaluation of the traffic situation. He emphasized that the traffic generated in this area is directly proportional to the number of dwelling units, therefore, approval of the amended plan would reduce the amount of traffic in the area. Mr. Elahi indicated that the developer is willing to use traffic signage such as no left turn signs, one-way street signs, stop signs, etc. He reported that most of the traffic out of the development will be exited onto Marshall Avenue. 6 Lila Furman, owner of the development, 310 Hickory Drive, stated that all of those speaking on behalf of Westwood Village tonight have indicated that the proposed plan is a better one over what was approved in 1975. She further stated that she has been willing to work with the neighborhood in order to accommodate their concerns and to move forward with this project. Dr. Furman asked that the Council give her their guidance in order to finish this development. LaDon Jones, 225 Hickory Drive, discussed the storm management plan for Westwood Village. He stated that he was concerned with the storm water run-off that will be retained on the Edwards Elementary School property. Mr. Jones stated that he teaches hydraulics at the Iowa State University and has some expertise in this area. He reported that the construction of more buildings in this development will increase the volume of storm water run-off and the frequency of run-off erosion. Discussion was held regarding this situation and the inclusion of detention basins. He indicated that he would still have concerns regarding the storm management plan regardless of whether the amended PUD Plan was approved. Mr. Jones suggested some possible solutions to this situation. He reported that he would be willing to work with the owner in order to find a cost-effective solution to the storm water run-off issue. Mayor Curtis stated that he would like the City Engineer to converse with Mr. Jones in order to see what solutions might be worked out. Council Member Hoffman stated that she had walked the development site and was convinced that the 1992 amended plan is the better of the two plans. Because of her review of the site, and because the amended plan had received the endorsement of the Planning and Zoning Commission, she would vote to approve the amended PUD. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor and hereby made a portion of these minutes. COMMENTS: Council Member Campbell stated that the VEISHEA Disturbance Committee's report regarding recommendations for future VEISHEA celebrations had been finalized, and she would give a copy of that report to the City Clerk's Office to keep on file. Council Member Campbell updated the Mayor and Council regarding the recruitment and interview process for the City Clerk's position. Council Member Campbell asked Jerry Byg to address the problems with the storm sewer system in the White Oak Drive area as she was receiving calls and would like to be able to respond to her constituents. Council Member Wirth thanked both Council Members Campbell and Parks for devoting much of their time to the VEISHEA committee. Moved by Brown, seconded by Wirth, to refer to Staff and the Planning and Zoning Commission for possible ordinance amendments the review of the Planned Unit Development process. Vote On Motion: 5-0. Motion declared carried unanimously. Council Member Hoffman asked Staff if the spraying of mosquitoes in parks was being done on request. City Manager Schainker stated that the parks are being sprayed on a schedule basis, and that larvae spraying is on-going. Council Member Hoffman stated that she had received a request to spray Emma McCarthy Lee Park. ADJOURNMENT: The meeting adjourned at 8:45 p.m. 7 ________________________________ _____________________________________ Jill Ripperger, Acting City Clerk Larry R. Curtis, Mayor 8