HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 11/01/2011MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA NOVEMBER 1, 2011
The regular meeting of the Ames City Council was called to order by Mayor Campbell at 7:00 p.m.
on November 1, 2011, in the City Council Chambers in City Hall, 515 Clark Avenue. Present from
the Ames City Council were Davis, Goodman, Mahayni, Orazem, and Wacha. Ex officio Member
Finseth was also present. Council Member Larson was absent.
PROCLAMATION FOR HUNGER AND HOMELESSNESS AWARENESS WEEK: Mayor
Campbell proclaimed November 12-20, 2011, as Hunger and Homelessness Awareness Week.
Representatives from the following organizations were present to accept the proclamation: Roy
Haugen–Bethesda Food Pantry; Shelly McQueeney–ACCESS; Roberta Milinsky–Youth and
Shelter Services; Vic Moss–Emergency Residence Project; and, Janis Pyle–Story County
Housing Coordinating Board. Ms. Pyle highlighted the events which will take place on
November 14 at the Bethesda Lutheran Church and invited the Council to attend.
CONSENT AGENDA: Moved by Davis, seconded by Wacha, to approve the following items on
the Consent Agenda:
1. Motion approving payment of claims
2. Motion approving Minutes of Regular Meeting of October 25, 2011
3. Motion approving certification of civil service applicants
4. Motion approving renewal of the following beer permits, wine permits, and liquor licenses:
a. Class B Native Wine - Kitchen, Bath & Home, 201 Main Street
b. Class B Liquor - Country Inn & Suites, 2605 Southeast 16th Street
c. Class C Liquor - Fuji Japanese Steakhouse, 1614 South Kellogg Avenue
5. RESOLUTION NO. 11-501 approving appointment of Jill Smith to fill Student Tenant vacancy
on Property Maintenance Appeals Board
6. RESOLUTION NO. 11-502 approving bond issuance of Series 2011B
7. RESOLUTION NO. 11-503 awarding contract for Power Plant Damper Drives to Controls
International, Inc., of Dallas, Texas, in the amount of $54,766.21
8. RESOLUTION NO. 11-504 awarding contract for Unit No. 8 Air Heater Basket Replacement
Project to Alstom Power, Inc., of Wellsville, New York, in the amount of $95,962
Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
PUBLIC FORUM: No one spoke during this time.
NEW CLASS C LIQUOR LICENSE FOR CAFÉ MOOD: Moved by Davis, seconded by
Goodman, to approve a new Class C Liquor License for Café Mood, 116 Welch Avenue,
pending receipt of a signed lease agreement and Inspections Division certificate.
Vote on Motion: 5-0. Motion declared carried unanimously.
NEW CLASS C LIQUOR LICENSE FOR CLUB BLOW: Moved by Goodman, seconded by
Mahayni, to approve a new Class C Liquor License for Club Blow, 2518 Lincoln Way, pending
receipt of the Inspections Division certificate.
Vote on Motion: 5-0. Motion declared carried unanimously.
NEW 14-DAY SPECIAL CLASS C LIQUOR LICENSE FOR HY-VEE FOOD AND
DRUGSTORE #2: Moved by Davis, seconded by Mahayni, to approve a new 14-day Special Class
C Liquor License for Hy-Vee Food and Drugstore #2, 640 Lincoln Way.
Vote on Motion: 5-0. Motion declared carried unanimously.
NEW 5-DAY SPECIAL CLASS C LIQUOR LICENSE FOR CYCLONE LIQUORS: Moved
by Goodman, seconded by Davis, to approve a new 5-day Special Class C Liquor License for
Cyclone Liquors, 626 Lincoln Way.
Vote on Motion: 5-0. Motion declared carried unanimously.
NEW 5-DAY LICENSES FOR OLDE MAIN BREWING COMPANY: Moved by Mahayni,
seconded by Davis, to approve the following 5-Day licenses for Olde Main Brewing Company:
a. Special Class C Liquor (November 5-9) at ISU Alumni Center, 420 Beach Avenue
b. Special Class C Liquor (November 9-13) at Reiman Gardens, 1407 University Boulevard
c. Special Class C Liquor (November 18-22) at ISU Alumni Center, 420 Beach Avenue
Vote on Motion: 5-0. Motion declared carried unanimously.
MAIN STREET CULTURAL DISTRICT (MSCD) REQUESTS FOR HOLIDAY
ACTIVITIES: Tom Drenthe, Director of the Main Street Cultural District, 608 Douglas Avenue,
stated that the MSCD is gearing up for the annual Snow Magic Celebration, but it wanted to do
a few things differently this year. The District determined that Main Street should not be closed
during the season so that shoppers could get the full “Downtown feel” and experience what
Holiday shopping is about.
Moved by Mahayni, seconded by Davis, to adopt RESOLUTION NO. 11-505 approving waiver
of fees for electricity used from November 19 through December 31, 2011, during the Main
Street Cultural District’s holiday activities.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Mahayni, seconded by Davis, to adopt RESOLUTION NO. 11-506 approving closure
of four parking spaces on the south side of Main Street (west of Burnett Avenue) and one
parking space on the west side of Douglas Avenue (between Main Street and Fifth Street) on
Saturday, November 19, 2011, from 4:00 p.m. to 7:00 p.m. and on Sunday, November 20, 2011,
from 1:00 p.m. to 4:00 p.m. for pick-up and drop-off locations for horse and buggy rides during
the Main Street Cultural District’s holiday activities.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Mahayni, seconded by Davis, to adopt RESOLUTION NO. 11-507 approving the
closure of Burnett Avenue from Main Street to Fifth Street between 2:00 p.m. and 8:00 p.m. on
November 19, 2011, to facilitate the planned events associated with the Main Street Cultural
District’s holiday activities.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Mahayni, seconded by Davis, to adopt RESOLUTION NO. 11-508 approving
suspension of parking enforcement for the Central Business District on Saturdays beginning
November 19, 2011, through December 31, 2011, and weekdays from 5:00 p.m. to 6:00 p.m.
beginning November 21, 2011, through December 31, 2011.
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Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Mahayni, seconded by Davis, to adopt RESOLUTION NO. 11-509 approving waiver
of the fee for a Blanket Vending License for Saturday and Sunday, November 19-20, 2011,
during the Main Street Cultural District’s holiday activities.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
NEW COMMUNITY TAGLINE: Public Relations Officer Susan Gwiasda reported that this
discussion is in follow-up to the Council’s meeting in September. City staff had been directed
to pursue a new tagline, since the one that had been selected was similar to one being used by
Council Bluffs, Iowa. The Council had asked that the Visioning Steering Committee be
reconvened to work with Christie Harper of Brand Endeavor in trying to identify a new
recommended tagline for the City Council to consider. Ms. Gwiasda summarized the process
that the Visioning Steering Committee had followed in arriving at the top two finalists. She
reported that the two highest-ranking options are: No. 1: “City of Ames, Iowa, Where
Discovery Grows” and No. 2: “City of Ames, Iowa, Heartland Inspiration. World-Class
Innovation.” The other options were not too far behind. At this point, staff is looking for City
Council direction on whether to move ahead with the “Where Discovery Grows” as the
community’s new tagline.
Council Member Davis stated that he was not overly thrilled with either of the top two
selections. He felt that the top finalist was more reflective of the technology side of life, and not
Ames’ qualify of life. Council Member Davis indicated that we could do much better, and he
would like to see the Committee go back to the drawing board and create a new tagline. Public
Relations Officer Gwiasda said the Visioning Steering Committee feels it has given its best.
Council Member Orazem said that he did not think there was anything really wrong with “Where
Discovery Grows.” However, he questioned the issue of this tagline not addressing “where
Ames is” as in “Heartland,” etc.
Council Member Goodman stated that from staff’s report, he believes that the whole tagline
concept goes back to personal interest. In deferring to the Visioning Steering Committee’s top
pick, Council Member Goodman would suggest that the Council take feedback from the
community on the top three. He did not want to go all the way back to the drawing board, as this
issue needs to move forward.
Council Member Wacha advised that the Council will never get something that everyone agrees
upon. The City has done its focus group in the Visioning Steering Committee. The Council has
entrusted this group to come up with ideas. He said that the Council needs to move this process
along.
Julie Weeks, member of the Visioning Steering Committee, reported that the members did vote
on those that were presented to them. She said that the Committee did not go back and create
new “lines.” The Committee was comfortable that either one of the two finalists could be used.
Ms. Gwiasda stated that the Committee had been specific with her, in that this is not its line of
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expertise. She was reluctant to reconvene the members with a charge that is so broad. Ms.
Weeks indicated that the members of the Visioning Steering Committee would definitely agree
that they did not have the skills nor the talent to create a new tagline.
Richard Deyoe, 505 Eighth Street, No. 2, Ames, asked why the tagline did not state, “Where We
Grow.” He indicated that Iowa’s motto is, “A Place to Grow.”
Council Member Davis said that before the Council acts upon this, he would rather have all six
Council Members present to make a decision.
Moved by Davis, seconded by Goodman, to table the decision on approving a new community
tagline until the next Council meeting when all six members are present.
Because no discussion can take place once an item has been tabled, Council Member Goodman
withdrew his second on the motion.
Council Member Wacha stated that he was not completely opposed to tabling any action on this
issue, however, he wondered what direction the Council is headed.
Council Member Davis indicated that if the tagline is to move forward, he wanted all of the
Council present to vote on it. He further indicated that he may not like the tagline and support
it in the long-run.
Council Member Mahayni explained that it is very hard to come up with one line that everyone
will agree upon. He felt that much time has been invested in this. If the selected tagline does
not appear to be working within a year, the Council could change it.
Moved by Davis, seconded by Goodman, to table the decision on approving a new community
tagline until the next Council meeting when all six members are present.
Vote on Motion: 3-2. Voting Aye: Davis, Goodman, Mahayni. Voting Nay: Orazem, Wacha.
Motion declared carried.
Council Member Orazem stated that he would like to have some structure to this discussion
when it comes before Council again so that it’s not one idea versus a “universe” of all possible
ideas. Council Member Wacha explained that he will be a proponent in settling this issue once
and for all.
CHANGE ORDER NO. 12 FOR OVER-EXCAVATION OF POOR SOILS ON
INTERMODAL FACILITY PROJECT: Director of Transit Sheri Kyras advised the Council that
the project is progressing very well, and construction of the facility is about 50% completed.
She reported that back in July, a change order was approved for about $42,000 for poor soil
conditions found on the site. This change order is, again, related to the poor soil conditions. It
was determined that the area would need over-excavation, or removal, of the poor soil and
replacement with clean soil. This change order is in the amount of $52,103. The work resulted
in a change of scope and was performed by subcontractor, Arthur, Inc.
Ms. Kyras stated that the two cost estimates to perform this work were considerably different,
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one coming in at $45,000 (by the City’s construction experts) and the other at $160,000 (from
the subcontractor). The reconciliation process to arrive at an agreed upon cost took considerable
time to complete.
Mark Stephenson, construction manager of the Intermodal Facility project, 1319 16th Street,
explained how the parties arrived at the cost of the change order. The excavation was a unit cost
price. Ultimately, the parties counted the number of trucks used to haul the soil from the site.
The subcontractor’s estimate went way beyond the scope of work, so that estimate was thrown
out.
Director Kyras stated that, at its November 3 meeting, the Transit Agency Board of Trustees will
also consider approval of this change to the project.
Moved by Wacha, seconded by Orazem, to adopt RESOLUTION NO. 11-510 approving Change
Order No. 12 with Weitz Corporation of Des Moines, Iowa, in an amount not to exceed $52,103
for over-excavation of poor soils on the Intermodal Facility Project, subject to the Ames Transit
Agency Board of Trustees’ approval.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON NUISANCE ASSESSMENTS: Mayor Campbell opened the public hearing. There
being no one present wishing to speak, the hearing was closed.
Moved by Mahayni, seconded by Goodman, to adopt RESOLUTION NO. 11-511 assessing the
costs of mowing to the property owners and certifying the assessments to the Story County
Treasurer’s Office.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE ALLOWING ALCOHOLIC BEVERAGE TASTINGS: Assistant City Manager
Sheila Lundt reported that following the City Council meeting on September 27, staff met with
representatives from the Iowa Alcoholic Beverages Division (ABD) to clarify the rules and
recommendations which ABD has, or is considering, that impact public samplings or tasting
events. A few of the important points made were: it is ABD’s position that what is allowed
under a liquor license or permit is established by state law; and, ABD said that public tastings
can take place, whether there is an on- or off-premises license. The Alcoholic Beverages
Division’s position is that the City should be following what is stated as acceptable under the
state license. She indicated that the people who are in the business that are selling the products
are the individuals who should be conducting the tastings. These business leaders are very
cognizant of what their responsibilities are within the permit/license. She said that the ordinance
wording is middle ground between making sure the City has some control over the tasting
events, but also allowing those businesses to conduct these tastings and to promote their
products in a safe and responsible manner.
Brian Chittenden, owner of Cyclone Liquors, 516 3rd Avenue, NW, Altoona, stated that he was
looking for clarification on how the ABD defines the person who is doing the tasting as an
“industry representative.” Under its license, this would be his manager on site. He said there
has been some confusion as to whether or not this representative has to be a distributor.
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Ms. Lundt said that the definition of “industry representative” has changed from City staff’s
initial meeting with the ABD. The Alcoholic Beverages Division is looking at revising this
wording, and it suggested that the definition be stricken from our local ordinance. Therefore,
the proposed ordinance does not include that language.
Moved by Goodman, seconded by Davis, to pass on first reading an ordinance allowing
alcoholic beverage tastings.
Council Member Wacha thanked staff for its efforts, but felt the ordinance benefits very few in
the community. He further believed that this issue will be coming back to Council to address
problems that will, most likely, be created down the road.
Roll Call Vote: 4-1. Voting Aye: Davis, Goodman, Mahayni, Orazem. Voting Nay: Wacha.
Motion declared carried.
ORDINANCE AMENDING CODE TO RESTRICT DOUBLE-FRONTAGE LOTS IN
RESIDENTIAL ZONING DISTRICTS ONLY: Moved by Goodman, seconded by Davis, to pass
on third reading and adopt ORDINANCE NO. 4092 amending Section 23.401(3)(b) of the
Municipal Code to restrict double-frontage lots in residential zoning districts only.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
EXTENSION OF AGREEMENT FOR LEGAL SERVICES IN CONNECTION WITH
CLEAN AIR ACT REGULATORY COMPLIANCE: Don Kom, Director of Electric Services,
summarized the need for legal services related to regulatory compliance issues under the Clean
Air Act, and for the reasons to extend the agreement with Ritts Law Group of Alexandria,
Virginia. Mr. Kom stated that the ongoing rules will continue to impact the City, and staff
strongly supports the City’s work with Ritts Law Group. The Group has worked closely with
Electric Services and the Legal Department to evaluate the projects scheduled at the Power Plant
and the combustion turbines; the evaluation was necessary to determine the applicability of
Clean Air Act regulatory requirements. He reported that, with issues still pending, another
extension of the agreement with Ritts consultants for an additional amount not to exceed $50,000
is warranted. Mr. Kom indicated that it is anticipated the need for these specialized legal
services will continue until the pending appeals and other regulatory issues are resolved.
Moved by Goodman, seconded by Mahayni, to adopt RESOLUTION NO. 11-512 authorizing
extension of the agreement with Ritts Law Group for an additional amount not to exceed
$50,000 for legal services in connection with the Clean Air Act Regulatory Compliance.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
REVISIONS TO NON-DOMESTIC WASTE PRETREATMENT PROGRAM: John Dunn,
Director of the Water and Pollution Control Department, explained that having an Industrial
Pretreatment Program is a requirement of the National Pollutant Discharge Elimination System
(NPDES) Permit. There are very few elements of that program which allow the City to exercise
local discretion; however, where there is, the City has done so. He highlighted the steps that
have been implemented to fulfill the Council’s goal of improving and streamlining government
processes.
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Moved by Goodman, seconded by Mahayni, to adopt RESOLUTION NO. 11-513 approving
revisions to the Non-Domestic Waste Pretreatment Program to update local limits.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
COUNCIL COMMENTS: There were no comments.
ADJOURNMENT: Moved by Davis to adjourn the meeting at 8:14 p.m.
__________________________________ ____________________________________
Diane R. Voss, City Clerk Ann H. Campbell, Mayor
__________________________________
Jill L. Ripperger, Recording Secretary
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