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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 11/12/1991MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA NOVEMBER 12, 1991 The Ames City Council met in regular session at 7:30 p.m. on Tuesday, November 12, 1991, in the City Council Chambers of the City Hall, 515 Clark Avenue, pursuant to law with Mayor Pro Tem Parks presiding until Mayor Curtis arrived and the following Council Members present: Brown, Campbell, Hertz, Hoffman, and Wirth. AIDS AWARENESS MONTH: Mayor Pro Tem Parks presented Kay Kaloupek and Mary Engstrom with a proclamation proclaiming November, 1991, as AIDS Awareness Month in Ames. AMERICAN EDUCATION WEEK: Wendy Zimmerman accepted a proclamation from Mayor Pro Tem Parks proclaiming the week of November 17-23, 1991, as American Education Week in Ames. CONSENT AGENDA: Two items were pulled from the Consent Agenda for separate consideration. Norm Riis' appointment to the Commission on the Arts was pulled because it was determined that he had a conflict of interest. Moved by Campbell, seconded by Hoffman, to approve the following remaining items on the Consent Agenda. 1. Motion to approve minutes of the regular City Council meeting of October 22, and the special meeting of October 29, 1991. 2. Motion to approve payment of claims. 3. Motion to approve renewal of the following beer and liquor licenses: (a) Class B Beer - Ruttles, 531 S. Duff Avenue. (b) Class C Liquor - Hombre's, 320 S. 16th Street. 4. Motion to approve certification of Civil Service applicants. 5. RESOLUTION NO. 91-404 approving appointment of Ivan Hanthorn to the Public Art Policy and Acquisition Committee. 6. RESOLUTION NO. 91-405 approving final plat for Northridge Parkway Subdivision, Sixth Addition. 7. RESOLUTION NO. 91-406 approving preliminary plans and specifications for replacement of unit 5 & 6 turbine room roof; setting December 4, 1991 as bid due date and December 17, 1991, as date of hearing and award of contract. 8. RESOLUTION NO. 91-407 approving preliminary plans and specifications for rebuilding the aircraft hangar at the Ames Municipal Airport; setting December 5, 1991, as bid due date and December 17, 1991, as date of hearing and award of contract. 9. RESOLUTION NO. 91-408 approving contract and bond of Grabau Construction, Inc. for Refurbishing Auditorium Dressing Rooms and Control Booth. 10. RESOLUTION NO. 91-409 approving renewal of non-domestic waste pretreatment contract with Industrial Plating. 11. RESOLUTION NO. 91-410 accepting completion of 16th Street Reconstruction Project from Ridgewood Avenue to Roosevelt Avenue by Manatt's, Inc. 12. RESOLUTION NO. 91-411 accepting completion of improvements to Moore Park by Grabau Construction Company. 13. RESOLUTION NO. 91-412 accepting completion of Scholl Road Water Main Project by VanHauen-Keller Contractors, Inc. 14. RESOLUTION NO. 91-413 accepting completion of East 13th Street Ditch Enclosure by VanHauen-Keller Contractors, Inc. 15. RESOLUTION NO. 91-414 approving Change Order and accepting completion of 1990 Sanitary Sewer Rehabilitation Project by VanHauen-Keller Contractors, Inc. 16. RESOLUTION NO. 91-415 accepting completion of Refurbishing Public Access Studio by Pike Construction. Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SECTION 8 EXISTING ANNUAL CONTRIBUTIONS CONTRACT: Moved by Hertz, seconded by Campbell, to adopt RESOLUTION NO. 91-416 authorizing execution of the Section 8 Existing Annual Contributions Contract for five additional four-bedroom certificates with the Department of Housing and Urban Development. Roll Call Vote: 6-0. 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. HEARING ON REZONING A PORTION OF VALLEY EAST SUBDIVISION (REVISED): Mayor Pro Tem Parks declared the hearing open. Brian O'Connell, Director of Planning and Housing, presented information on the proposed rezoning for a portion of Valley East Subdivision. He said that the rezoning from R-2 (PUD) to R1-6 would be appropriate and consistent with the Land Use Policy Plan. There were no further comments and Mayor Pro Tem Parks declared the hearing closed. Moved by Campbell, seconded by Hoffman, to pass on first reading an ordinance rezoning a portion of Valley East Subdivision, located east of Spring Valley Sixth and Seventh Additions, from R-2 (PUD) to R1-6 (Single-Family Residential). Roll Call Vote: 6-0. Motion declared carried unanimously. HEARING ON REZONING A PORTION OF BANDSHELL NEIGHBORHOOD: Mayor Pro Tem Parks declared the hearing open. Brian O'Connell, Director of Planning and Housing, gave a presentation on the changes in the Land Use Policy Plan Map and zoning in the Bandshell Neighborhood area proposed by the Planning and Zoning Commission and on Staff's recommendations opposing such changes. Mayor Curtis arrived at 7:55 p.m. Mr. O'Connell reminded the Council that they had downzoned a portion of this neighborhood earlier this year. He pointed out that if a decision is made to rezone the area in question from R-3 to R-2, the Land Use Policy Plan Map must also be amended. He said that no matter what decision is made on zoning, the results of a recent traffic study in the area indicate the need for removal of parking along one side of Sixth Street. Mr. O'Connell stated that Staff believes that leaving the subject area zoned R-3 fulfills the policy statement to use multi-family zoning to separate areas of single-family dwellings from commercial areas to the south. He said that while Staff recommends keeping R-3 zoning south of 7th Street and rezoning to R-2 north of 7th Street, the Planning and Zoning Commission would like to see a larger area rezoned to R-2 because they think it is more important to consider the neighborhood connection going east to west rather than thinking about the transition in use from north to south. Jane Brown, 442 E. 6th Street, speaking on behalf of her mother who owns this property, said that she would like to have East 6th Street remain zoned R-3 because her mother's property would retain its value better if multiple family dwellings could be built on it in the future. Mary Terpstra, 223 E. 6th Street, appeared in favor of the Planning and Zoning Commission's recommendation to downzone the area. She said that all homes but one in the area are in good shape and provide affordable housing stock. Jim Sorenson, 324 East 7th Street, said that neither recommendation for rezoning will affect his property. He said that he wanted his property to remain R-3 so that he can expand a multi-family dwelling there in the future. Dale Rahfeldt, 511 Crawford, spoke in favor of downzoning to R-2 to keep the affordable housing base in the area. Sandra McJimsey, Chairperson of the Planning and Zoning Commission, restated the Commission's recommendation and reviewed which properties would and would not be downzoned under that recommendation. There were no further comments and Mayor Curtis declared the hearing closed. Moved by Parks to deny the request to amend the Land Use Policy Plan Map for the Bandshell Neighborhood area. This motion died due to lack of a second. Moved by Hertz, seconded by Wirth, to adopt RESOLUTION NO. 91-417 amending the Land Use Policy Plan Map designation for the area generally located east of Crawford Avenue between East Fifth Street and East Seventh Street by changing it from RM (Medium-Density Residential) to RL (Low-Density Residential). Council Member Parks stated his belief that the Land Use Policy Plan Map should be considered as a whole rather than repeatedly changing it bit by bit on downzoning decisions. Council Member Brown suggested retaining R-3 zoning across the end of East 6th Street to act as a buffer between the residential area and the lime pits. She said that she would like to keep the affordable housing base provided in the Bandshell Neighborhood area rather than tear down the present housing to build multiple-family housing which would likely have high rent. Council Members Wirth, Campbell, and Hoffman expressed their agreement with this statement. Roll Call Vote: 5-1. Voting Aye: Brown, Campbell, Hertz, Hoffman, and Wirth. Voting Nay: Parks. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. Moved by Wirth, seconded by Hertz, to pass on first reading an ordinance rezoning the property that fronts on Crawford Avenue, addressed as 722 Crawford, and all of the property that fronts on East Sixth Street east of Crawford Avenue from R-3 to R-2 as recommended by the Planning and Zoning Commission. Roll Call Vote: 5-0-1. Voting Aye: Brown, Campbell, Hertz, Hoffman, and Wirth. Voting Nay: None. Abstaining: Parks. Motion declared carried. KAPPA DELTA SORORITY: Moved by Parks, seconded by Hoffman, to approve the request from Kappa Delta Sorority to have underage persons on the premises of the Coliseum bar on November 14, 1991, between 4:00 and 8:00 p.m. while alcohol is being served. Vote on Motion: 5-1. Voting Aye: Campbell, Hertz, Hoffman, Parks, and Wirth. Voting Nay: Brown. Motion declared carried. AMES RACQUET AND FITNESS CENTER: Moved by Parks, seconded by Wirth, to approve the application for a new Class B Beer Permit for Ames Racquet and Fitness Center, 320 South 17th Street. Vote on Motion: 6-0. Motion declared carried unanimously. ENCROACHMENT PERMIT FOR FIRSTAR BANK: Moved by Parks, seconded by Wirth, to approve an application for an encroachment permit for a Time and Temperature Sign for Firstar Bank at 2546 Lincoln Way. Vote on Motion: 6-0. Motion declared carried unanimously. REFUSE PILE AT BLOOMINGTON HEIGHTS SUBDIVISION: Moved by Wirth, seconded by Parks, to direct Staff not to enforce the regulation on burning specified in Chapter 10.8 of the Municipal Code and thereby allow the developers of Bloomington Heights Subdivision to burn a refuse pile under the stipulations placed upon them by the variance granted by the Department of Natural Resources. Vote on Motion: 6-0. Motion declared carried unanimously. ALLEY BEHIND 621 MAIN STREET: Moved by Hoffman, seconded by Brown, to deny the request from the owner of the property located at 621 Main Street to vacate the 10 foot wide City right-of-way that abuts the north property line at 621 Main because of the Building Code violations that would be created if it were to be vacated. Vote on Motion: 6-0. Motion declared carried unanimously. ORDINANCE RETAINING TWO MILE JURISDICTION OVER SUBDIVISIONS: Moved by Parks, seconded by Hertz, to pass on first reading an ordinance to retain the traditional two mile jurisdiction over subdivisions outside the city boundaries. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE AMENDING YARD WASTE ORDINANCE: Moved by Wirth, seconded by Hoffman, to pass on first reading an ordinance amending Chapter 10 of the Municipal Code to allow the private land application of leaves and grass. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Brown, seconded by Parks, to direct Staff to look at composting regulations and clarify the ordinance to allow use of other people's leaves for composting on private property. The motion was withdrawn. ORDINANCE DESIGNATING SPEED LIMIT FOR MORTENSEN ROAD: Moved by Hoffman, seconded by Hertz, to pass on second reading an ordinance establishing a speed limit of 40 mph on a portion of Mortensen Road. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Brown, seconded by Hoffman, to suspend he rules required for the adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Hoffman, seconded by Parks, to pass on third reading and adopt ORDINANCE NO. 3148 establishing a speed limit of 40 mph on a portion of Mortensen Road. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE ESTABLISHING SNOW ROUTES AND PARKING DURING SNOW EMERGENCIES: Moved by Parks, seconded by Brown, to pass on second reading an ordinance designating commercial snow routes in the Campustown and Downtown Business Districts with the provision that parking be allowed in the Municipal Parking Lots during snow emergencies. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Campbell, seconded by Parks, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Parks, seconded by Campbell, to pass on third reading and adopt ORDINANCE NO. 3149 designating commercial snow routes in the Campustown and Downtown Business Districts with the provision that parking be allowed in the Municipal Parking Lots during snow emergencies. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REZONING NORTHRIDGE PARKWAY SUBDIVISION (9TH ADDITION ET SEQUENTIA): Moved by Parks, seconded by Hoffman, to pass on second reading an ordinance rezoning Northridge Parkway (9th Addition et sequentia), generally located west of 24th Street and south of County Road R-50, from R-2 (PUD) to R1-6, R-3, and P-C. Roll Call Vote: 6-0. Motion declared carried unanimously. REVISED FRONT YARD PARKING REQUIREMENTS: Moved by Parks, seconded by Campbell, to direct the City Attorney to draft an ordinance, as requested by the Zoning Board of Adjustment, to amend the Zoning Ordinance to allow parking in the front yard of properties along arterial streets with a high threshhold of traffic, such as Duff Avenue, Grand Avenue, Lincoln Way, and 13th Street, for safety reasons. Council Member Wirth said that she would prefer to allow this problem to be dealt with on a case-by-case basis by the Zoning Board of Adjustment so as to not open the door to front yard parking. Vote on Motion: 5-1. Voting Aye: Brown, Campbell, Hertz, Hoffman, and Parks. Voting Nay: Wirth. Motion declared carried. P-C PLAN AMENDMENT FOR 2801 GRAND AVENUE: Moved by Parks, seconded by Wirth, to adopt RESOLUTION NO. 91-418 approving a P-C Plan Amendment to allow a change in the approved ground sign in the grass island at the North Grand Mall entrance at 28th Street and Grand Avenue. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SPEED LIMITS ON BLOOMINGTON ROAD: Moved by Parks, seconded by Hertz, to direct the City Attorney to draft an ordinance designating speed limits on Bloomington Road. Vote on Motion: 6-0. Motion declared carried unanimously. ASSESSMENT PROJECTS: Moved by Parks, seconded by Hoffman, to adopt RESOLUTION NO. 91-419 approving a policy relating to the engineering charges on assessment projects such that the actual cost is charged with a maximum being set at 10% of the construction cost and to adopt RESOLUTION NO. 91-420 approving a policy of charging 2% for default funds if the project financing does not involve the sale of special assessment bonds and 10% if special assessment bonds are sold. Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. DEPOT RFP: Moved by Parks, seconded by Hoffman, to adopt the following resolutions: a) RESOLUTION NO. 91-421 accepting the report of the Phase I Pre-acquisition Site Assessment for the Depot as prepared by Clapsaddle-Garber Associates. b) RESOLUTION NO. 91-422 authorizing expenditure of $1,000 for a land survey for the Depot property to verify if the southwest corner of the Depot building is in the railroad right-of-way. c) RESOLUTION NO. 91-423 approving the Request for Proposal (RFP) for the disposition of the Depot and authorizing $5,500 for the printing of the RFP. d) RESOLUTION NO. 91-424 approving the RFP timetable and the selection process, involving full Council participation, for the disposition of the Depot. Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Moved by Brown, seconded by Campbell, to direct the Parks and Recreation Commission to review, discuss, and recommend within a 90-day period a course of action to bring to actuality a new 18-hole golf course in Ames. Vote on Motion: 6-0. Motion declared carried unanimously. Council Member Hoffman suggested changing the sign at Moore Park on Beach Avenue to include a first name for clarification. Moved by Hoffman, seconded by Parks, to direct Staff to study the possibility of making the ice arena a non-smoking area. Vote on Motion: 6-0. Motion declared carried unanimously. ADJOURNMENT: The meeting was adjourned at 9:55 p.m. _____________________________________ ______________________________________ Nancy Dionigi, City Clerk Larry R. Curtis, Mayor