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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 12/03/1991MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA DECEMBER 3, 1991 The Ames City Council met in regular session at 7:00 p.m. on Tuesday, December 3, 1991, in the City Council Chambers of the City Hall, 515 Clark Avenue, pursuant to law with Mayor Curtis presiding and the following Council Members present: Campbell, Hertz, Hoffman, Parks, and Wirth. Council Member Brown arrived late. WORKSHOP WITH CITY ASSET MEMBERS: Sheila Lundt, Assistant to the City Manager and Staff Person for ASSET, and Ruth Hughes and Karleene Smith, ASSET Members, discussed the current City criteria for funding human service agencies with the Council. Ms. Hughes asked if City funds are to be used to fill in gaps left by other funders or to purchase services. Mayor Curtis read aloud the funding criteria that was established in 1984 when ASSET began. Ms. Hughes pointed out that several services are presently funded which do not fit into the original criteria. Council Member Parks stated his belief that the original criteria are not specific enough and too all-inclusive. Council Member Campbell pointed out that since the needs in the community have changed since the criteria were written, they need to be refined. Ms. Hughes suggested that City funding should be provided for crisis intervention, elderly and child care for those in need, care for pregnant women and babies, and emergency housing and food. Ms. Smith commented that respite care should also be funded to provide relief for care givers. Council Member Brown arrived at 7:30 p.m. Ms. Lundt also pointed out a growing need for infant daycare. Ms. Smith commented that transportation expenses keep growing as well. Council Member Campbell indicated her desire to see information and referral services funded. Council Member Parks expressed unease over making changes to the funding criteria now and leaving some human service agencies in the lurch for next year. He suggested arriving at the changes now and giving notice that they will take effect before next year's funding cycle. Council Members Campbell and Hoffman said they would rather not wait and suggested refining the criteria and implementing them now. Council Member Campbell proposed funding crisis intervention, respite care, prevention care for children and elderly, and information and and referral services. Council Member Brown indicated that it is difficult to determine criteria for funding when a data base detailing needs is not available. Moved by Campbell, seconded by Parks, to amend the ASSET criteria to provide City funding for crisis intervention, respite care, prevention care, and information and referral services. A friendly amendment by Hoffman was accepted to fund these services for low-income people. Vote on Motion: 6-0. Motion declared carried unanimously. Mayor Curtis requested that information be provided for the Council on what has been done during the last two years in these areas regarding City funding and services provided. Ms. Lundt stated that a proposal will be made at the Joint Funders meeting on December 5, 1991, to hire a part-time staff person for ASSET to be paid for by all of the funders. CONSENT AGENDA: Moved by Hoffman, seconded by Parks, to approve the following items on the Consent Agenda. 1. Motion to approve minutes of the special City Council meeting of November 19, 1991. 2. Motion to approve payment of claims. 3. Motion to approve renewal of the following beer and liquor licenses: (a) Class C Beer - Vickers, 1118 South Duff. 4. RESOLUTION NO. 91-442 approving non-domestic waste pre-treatment allocation of actual expenses for 1990/91. 5. RESOLUTION NO. 91-443 waiving formal bidding requirements and authorizing purchase of additional rock salt. Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: Bob Shaffer, 618 Freel Drive, publicly thanked Paul Wiegand, Director of Public Works, and Scott Logan, Transportation Engineer, for installing a left turn signal at the intersection of Duff and Lincoln Way, thus making it easier to turn north on Duff coming from the west on Lincoln Way. Ross Genovese, Manager of Hunky Dory's, asked the Council to consider an amendment to Section 17.16 of the Municipal Code to allow underage people on the premises of a bar during a banquet at which alcohol is served, as long as guidelines established by the Police Department are followed. Moved by Brown, seconded by Parks, to refer Mr. Genovese's request to the City Attorney for the drafting of an ordinance. Vote on Motion: 6-0. Motion declared carried unanimously. BEER PERMIT FOR WALGREENS: Moved by Parks, seconded by Hoffman, to approve the application for a new Class C Beer Permit for Walgreens, 2501 Grand Avenue. Vote on Motion: 6-0. Motion declared carried unanimously. ORDINANCE AMENDING UTILITY RETIREMENT SYSTEM ORDINANCE: Moved by Parks, seconded by Wirth, to pass on first reading an ordinance enhancing the benefits of the Utility Retirement System and providing representation on the Board of Trustees for retirees. Roll Call Vote: 6-0. Motion declared carried. Moved by Hoffman, seconded by Parks, to suspend the rules required for the passing of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Parks, seconded by Brown, to pass on second and third readings and adopt ORDINANCE NO. 3151 enhancing the benefits of the Utility Retirement System and providing representation on the Board of Trustees for retirees. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE DESIGNATING SPEED LIMITS ON BLOOMINGTON ROAD: Moved by Parks, seconded by Campbell, to pass on second reading an ordinance designating speed limits on Bloomington Road. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE REZONING A PORTION OF VALLEY EAST SUBDIVISION: Moved by Parks, seconded by Hertz, to pass on third reading and adopt ORDINANCE NO. 3152 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. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REZONING A PORTION OF BANDSHELL NEIGHBORHOOD: Moved by Campbell, seconded by Brown, to pass on second 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. Roll Call Vote: 5-0-1. Voting Aye: Brown, Campbell, Hertz, Hoffman, and Wirth. Voting Nay: None. Abstaining: Parks because of his belief that this decision was made months ago. Motion declared carried. ORDINANCE RETAINING TWO MILE JURISDICTION OVER SUBDIVISIONS: Moved by Wirth, seconded by Brown, to pass on third reading and adopt ORDINANCE NO. 3153 to retain the traditional two mile jurisdiction over subdivisions outside the city boundaries. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE AMENDING YARD WASTE ORDINANCE: Moved by Parks, seconded by Brown, to pass on third reading and adopt an ordinance amending Chapter 10 of the Municipal Code to allow the private land application of leaves and grass. It was brought to the Council's attention that Dayton Heins, the individual who requested the Council to amend the yard waste ordinance, had asked for a seven day storage period for yard waste before land application is required. The proposed ordinance includes a three day storage period. Paul Wiegand, Director of Public Works, stated that the Iowa Department of Natural Resources allows fourteen days for storage of yard wastes. When Council Member Brown asked whether the proposed ordinance allows composting of other people's yard wastes, she was informed that it does not. Moved by Brown, seconded by Parks, to amend the ordinance to allow people to collect yard wastes from others and compost them. It was suggested that the City Attorney add wording to the ordinance to allow composting for the next meeting. Moved by Parks, seconded by Brown, to table the ordinance amending Chapter 10 of the Municipal Code to allow the private land application of leaves and grass until the next meeting. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON VACATION OF SOUTH HALF OF 10TH STREET FROM RIDGEWOOD TO CHICAGO AND NORTH WESTERN RAILROAD TRACK: Mayor Curtis declared the hearing open. There were no comments and the hearing was declared closed. Moved by Wirth, seconded by Hoffman, to pass on first reading an ordinance vacating the south half of 10th Street from Ridgewood to the Chicago and North Western Railroad track. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Wirth, seconded by Hoffman, to adopt RESOLUTION NO. 91-444 approving conveyance of the south half of 10th Street from Ridgewood to the Chicago and North Western Railroad track to Ken Heilskov and authorizing execution of quit claim deed. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON T-C ZONING DISTRICT REGULATIONS: Mayor Curtis declared the hearing open. Paul Nelson, 604 Hodge, appeared in opposition to the proposed T-C zoning regulations. He was concerned about high traffic volume and tall buildings next to a residential neighborhood. He very strongly opposed allowing all permissible uses to be subject to administrative approval. Reiny Friedrich, 2513 Pierce, asked where T-C Zoning Districts would be located. City Manager Schainker informed him that the locations have not yet been determined and assured him that the public would have an opportunity for input on the locations. Mr. Friedrich also suggested that developers be given an exemption from open space requirements if they provide extra parking. Dorian Stripling, 603 Grand Avenue, asked for an explanation of administrative approval. Mayor Curtis explained that if neither the developer nor the neighbors have a problem with a plan for a building in a T-C Zone as approved by Staff, then there is no reason for that plan to go to Council. However, if either side disagrees with the administrative decision, they may appeal the decision to the Council. City Attorney Klaus pointed out that according to the State Code, appeals of administrative decisions concerning zoning would have to be filed with the Zoning Board of Adjustment. However, he stated that the ordinance could be re-written in such a manner to allow appeals to go directly to the Council. Mr. Stripling said that his main concern is that citizens not lose their opportunity for input or appeal in the process. Council Member Parks stated his belief that T-C Zones should be an additional type of zone rather than a replacement for P-C Zones. Margaret Johnson, 608 Hodge, added her support to retain citizens' rights to appeal. Mr. Nelson said that he would like to see high-traffic night-time businesses barred from the areas between commercial and residential neighborhoods as well as lower limits placed on the heights of buildings in these areas. Mr. Nelson expressed concern about not being notified about this hearing early enough. There were no further comments and the hearing was declared closed. Council Member Parks suggested that the proposed T-C ordinance be scrapped and the process begun anew since no one seems happy with it. Council Member Brown said that the ordinance should be re-worded so that appeals are heard by Council. Council Member Wirth suggested pulling the more controversial permitted uses from the list of those that can be approved administratively to a list requiring Council approval. Council Member Parks said that the crux of the matter rests with where T-C zones would be located and asked that Staff begin proposing where the T-C regulations would be used. Brian O'Connell, Director of Planning and Housing, urged the Council to not adopt the proposed T-C zoning ordinance if they do not agree with it philosophically. Moved by Campbell, seconded by Brown, to refer the T-C zoning ordinance to the City Attorney to revert back to the Planning Department's original suggestion to allow some of the permitted uses to receive administrative approval, with appeals going to ZBA, and others requiring approval from the Planning and Zoning Commission and the City Council. Vote on Motion: 4-2. Voting Aye: Brown, Campbell, Hertz, and Wirth. Voting Nay: Parks and Hoffman. Motion declared carried. HEARING ON SIDEWALK REPAIR/BRUSH CLEAN-UP ASSESSMENTS: Mayor Curtis declared the hearing open. There were no comments and the hearing was declared closed. Moved by Parks, seconded by Wirth, to adopt RESOLUTION NO. 91-445 assessing the cost of sidewalk repair/brush clean-up to the property owners as shown below, directing the Finance Director to prepare a spread sheet, and directing the City Clerk to file the assessment with the Story County Treasurer. Sandra Peters - $279.50 607 East 13th Street Ames, Iowa 50010 Sidewalk repair/brush clean-up at 607 E. 13th Street Work completed on September 6, 1991 Joyce Thies - $1,106.50 1531 Burnett Avenue Ames, Iowa 50010 Sidewalk repair/brush clean-up at 1531 Burnett Work completed on September 6, 1991 Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PETE COOPER'S SUBDIVISION: Moved by Parks, seconded by Brown, to adopt a resolution waiving ordinance requirements for public improvements and approving a CDP for Cooper's Subdivision. Brian O'Connell, Director of Planning and Housing, stated that Staff recommends denial of this request for approval of a CDP for Cooper's Subdivision because it does not propose to install sanitary sewer service as required by the City Code. Mr. Wiegand said that the reason installation of infrastructure in this area would be expensive is due to the fact that a lift station would be necessary. Moved by Brown, seconded by Wirth, to table the CDP for Cooper's Subdivision. Vote on Motion: 6-0. Motion declared carried unanimously. PUD PLAN FOR UNIVERSITY BAPTIST CHURCH: Moved by Hoffman, seconded by Campbell, to adopt RESOLUTION NO. 91-446 approving an amendment to the PUD Plan for University Baptist Church at 2400 Mortensen Parkway with the following stipulation: 1. That the Phase 2 (Future Parking Area) meet the minimum standards for dimensions of parking stalls, drive aisle, landscaping, construction specifications, and other applicable site plan requirements at the time of construction. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. P-C PLAN FOR COUNTRY STORE/GATEWAY COUNTRY INN: Moved by Hoffman, econded by Brown, to adopt RESOLUTION NO. 91-447 approving an amendment to the list of impermissible uses by deleting "restaurant" and adding it to the list of permissible uses for the P-C Plan for the Country Store/Gateway Country Inn at 2400 and 2504 Elwood Drive, with the following stipulations: 1. That the property owner be required to submit to the City a site plan, landscape plan, and all other required materials for a request for approval of a P-C Plan amendment. 2. That the property owner be required to provide adequate off-street parking, in accordance with Section 29.40 (Off-Street Parking Required) of the Municipal Code, for any proposed restaurant use, in addition to required off-street parking for all other land uses that exist on this site. Roll Call Vote: 6-0. Resolution 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 City Attorney to draft an amendment to the noise ordinance to prevent construction noise during the night. Vote on Motion: 6-0. Motion declared carried unanimously. Mayor Curtis announced that he would declare out of order any motion to waive Code requirements for installation of sanitary sewers. ADJOURNMENT: The meeting was adjourned at 9:20 p.m. _____________________________________ ______________________________________ Nancy Dionigi, City Clerk Larry R. Curtis, Mayor