HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 06/27/2006MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA JUNE 27, 2006
The regular meeting of the Ames City Council was called to order by Mayor Ann Campbell at 7:00
p.m. on June 27, 2006, in the City Council Chambers in City Hall, 515 Clark Avenue, with the
following members present: Doll, Goodhue, Goodman, Popken, and Rice. Council Member
Mahayni was absent. Also present was Ex officio Member Buske.
CONSENT AGENDA: Moved by Goodhue, seconded by Goodman, to approve the following items
on the Consent Agenda:
1.Motion approving payment of claims
2.Motion approving minutes of the regular meeting of June 13, 2006, and special meeting of
June 20, 2006
3.Motion approving renewal of Class C Liquor license for Whiskey River, 132 Main Street
4.RESOLUTION NO. 06-239 approving and adopting Supplement No. 2006-3 to the Ames
Municipal Code
5.Requests for National Special Olympics:
a.RESOLUTION NO. 06-240 approving suspension of parking regulations and enforcement
on Burnett Avenue, between 5th Street and 6th Street, (east of First National Bank) for the
Law Enforcement Torch Run on July 1 between noon and 1:30 p.m.
b.RESOLUTION NO. 06-241 approving temporary closure of Lincoln Way, between Elwood
Drive and Beach Avenue, as needed by the Police Department on July 2 for Opening
Ceremonies, on July 4 for activities at Hilton Coliseum, and on July 7 for Closing
Ceremonies
c.RESOLUTION NO. 06-242 approving waiver of tipping fees at the Resource Recovery Plant
for Waste Management to dispose of trash collected at the National Special Olympics sites
from July 3-7, 2006
d.RESOLUTION NO. 06-243 temporarily extending the 35 mph speed limit on East 13th Street
east to Stagecoach Road from a point 300 feet east of the east line of the north River Valley
Park entrance from July 2-7, 2006
e.Motion approving permit to shoot fireworks on the evening of July 7 from an ISU parking
lot east of the Jacobson Building after the Closing Ceremonies, pending approval by ISU
6.Requests for Downtown Dollar Days, July 27-29, 2006:
a.Motion approving blanket Temporary Obstruction Permit for sidewalks in the CBD
b.RESOLUTION NO. 06-244 approving suspension of parking regulations and enforcement
in the CBD
7.RESOLUTION NO. 06-245 approving revisions to Personnel Policies and Procedures Manual
8.RESOLUTION NO. 06-246 approving adjustments to life insurance coverages for merit
employees
9.RESOLUTION NO. 06-247 approving State Recreational Trail Grant application for 2007/08
Shared Use Path System(Ada Hayden Heritage Park to Bloomington Road)
10.RESOLUTION NO. 06-248 approving preliminary plans and specifications for 2004/05 Annual
Traffic Signal Program (Duff Avenue/6th Street); setting July 19, 2006, as bid due date and July
25, 2006, as date of public hearing
11.RESOLUTION NO. 06-249 approving preliminary plans and specifications for 2005/06 Annual
Traffic Signal Program (Duff Avenue/Main Street); setting July 19, 2006, as bid due date and
July 25, 2006, as date of public hearing
12.RESOLUTION NO. 06-250 approving preliminary plans and specifications for 2006/07 Water
System Improvements Program; setting July 19, 2006, as bid due date and July 25, 2006, as date
of public hearing
13.RESOLUTION NO. 06-251 approving contract with Plibrico Sales & Service for boiler repair
and maintenance services for Power Plant
14.RESOLUTION NO. 06-252 approving change order to Engineering Services Agreement for
Southeast 16th Street Paving and Bridge Replacement Project
15.RESOLUTION NO. 06-253 approving contracts and bonds for 161 k-V Transmission Line
Materials, Bid No. 1 - Insulator Assemblies, Bid No. 2 - Laminated Wood Structures, and Bid
No. 3 - Wood Tangent Structures
16.RESOLUTION NO. 06-254 approving contract and bond for 2006/07 Arterial Street
Rehabilitation Program (Lincoln Way from Beach Avenue to Hayward Avenue)
17.RESOLUTION NO. 06-255 approving contract and bond for 2005/06 and 2006/07
Neighborhood Curb Replacement Program (Sunset Drive)
18.RESOLUTION NO. 06-256 approving contract and bond for 2006/07 Shared Use Path System
(Mortensen Road and State Avenue)
19.RESOLUTION NO. 06-257 accepting completion of Unit 8 Condenser Tubes Replacement
Project
20.RESOLUTION NO. 06-258 accepting completion of Wastewater Flow Meter for City of Kelley
21.RESOLUTION NO. 06-259 approving waiver of municipal infrastructure requirements for a
proposed Plat of Survey to partition an existing property into two lots located at 1799 Old
Bloomington Road
22.RESOLUTION NO. 06-260 approving Major Final Plat for Four Seasons Park Subdivision
Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
PUBLIC FORUM: Holly Fuchs, 806 Brookridge, Ames, regrets that she was not present at the last
City Council meeting and will not be available for the July 11, 2006 meeting. She and her
husband appreciate the yellow striping on the curve at the intersection of Brookridge and 9th
Street. They were distressed to learn that City Council has been asked to remove the no parking
area along the curve and gave five reasons why it is safer to leave the striping. 1) The street is
already narrower than it should be for two-way traffic and parking. 2) The street at this point has
a curve with a 65 foot radius, which is much sharper than is desirable. 3) If parking is not
allowed, there is a longer site distance to see someone coming. 4) There is a pedestrian walkway
to Brookridge Avenue at the intersection and parking would impede a pedestrian’s ability to see
on-coming traffic. 5) It is reasonable that no parking on the curve will make it less likely to have
accidents. The traffic study from the last meeting stated that there have been no accidents at this
intersection since 1998, but within the last year she personally witnessed one and a neighbor also
remembers a large accident in 1998. She urged the City Council to not change the Ordinance and
allow parking along the curve.
Sue Ravenscroft of 4555 Westwood, Ames, spoke on overlapping debt, which she defined as the
obligations of property owners within a particular government, i.e. the City of Ames, with their
proportionate share of debts of other governments with overlapping boundaries. For the fiscal
year ended June 30, 2004, 31.13% ($705,095) of the Gilbert School District debt was for
property owned by Ames residents. In 2005 the Gilbert School District took on more debt and
that amount is now 38.21% ($859,210). More and more of the property and people who support
the Gilbert School District are residents of Ames, which is a bad trend because it creates divided
loyalties. The more children going to Gilbert, the fewer children going to Ames Schools and
school budgets are based on the number of children in the school. She is not asking City Council
for action, but to please keep this trend in mind as they consider future development. Promote
City of Ames development that will strengthen Ames schools.
Scott Bauer, 2415 Yorkshire, Ames, announced that Leadership Ames graduated its 19th class.
He thanked City Council for their continued support and that there are a number of civic-minded
projects that come out of this program each year. He reminded City Council that on July 4th, at
Coldwater Golf Course, there will be hot-air balloon rides free for National Special Olympic
Athletes and $5.00 for anyone else. All proceeds will be given to the Ames Public Art
Commission to help fund a community art piece to celebrate Ames hosting the first National
Special Olympics.
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Kent Wynne, South Hyland, #128, Ames, spoke about Ordinance 19.14 - not allowing bikes in
the skate park. He would like bikes to be allowed at the skate park. Bikers would not damage
the facilities any more than skateboards. Ames is a bicycle friendly community with a BMX
track that he helped build, but it is difficult to maintain and not safe because of gravel. If the
skate park is properly designed, there will be no damage. By having both skateboarders and
bikers follow the rules and takes turns, there should be no problem. Recently Ankeny changed
their rules and allow bikes at their skate park. Bikes are safer, as they are required to have
brakes. By not allowing bikes at the skate park, they are “criminals” and subject to a fine each
time they are there. All bike paths are asphalt and aren’t damaged by bikes, so if cement is
heavier a bike with rubber tires cannot damage a cement skate park. Mayor Campbell suggested
that Mr. Wynne take his request to the Parks and Recreation Commission. He stated that he had
previously discussed this issue with Kevin Shawgo of the Parks and Recreation Department and
felt that Shawgo didn’t understand what he was talking about and Shawgo suggested that they
try to get a new park made just for bikes.
UPCOMING VACANCY ON CITY COUNCIL: City Attorney Marek presented information
about discrepancies between City Code and State Code for filling the vacancy being created by
Council Member Steve Goodhue’s resignation. Under State Code the vacancy cannot be left
unfilled for more than 40 days. If City Council makes a decision to fill by appointment, then a
petition calling for a special election can be filed within either 14 days of the notice of intent to
appoint or within 14 days after the appointment is made. If the City Council calls for a special
election, State Code requires 60 days notice to the Commissioner of Elections with the proposed
date for the special election. The 60 day notice cannot be given until the vacancy occurs,
although the notice of the vacancy and the intent to appoint can be done in advance of the
vacancy. This means that under current State Code, the vacancy will have to be filled by
appointment because of the inability to give satisfactory advance notice. Until 1977 City Code
was the same as State Code, but State Code changed while City Code did not. Also, a new State
law will be in effect on July 1, 2006 that changes the 60 day notice requirement to 32 days. At
this meeting City Council cannot call for a special election and propose a specific date because
there is no vacancy, but as of July 1, since the notice requirement will be reduced to 32 days, it
would be possible to comply with State Code and schedule a special election, assuming a
suitable date is available. However, it would not be possible to also comply with City Code. This
would not be a factor that could lead to invalidation of whatever City Council does, but he does
not recommend violating City Code. The City Council need not take action to choose a date for
a special election or even make a decision about filling the vacancy by appointment or special
election at this meeting.
Mayor Campbell asked Marek to address the areas in City Code that are out of sync with State
Code and what needs to be done to synchronize them. Marek stated that there are two places
where the Codes are inconsistent: 1) The 30 days maximum vacancy. And 2) That two percent
of eligible voters must sign a petition to force a special election, while State Code states ten
percent. It would be possible to adopt an Ordinance at the next City Council meeting, if 2nd and
3rd readings were waived, to bring City Code in sync with State Code.
Moved by Goodman, seconded by Popken, to direct the City Attorney to prepare an Ordinance
for the next regular City Council meeting, to bring City Code in congruence with State Code
with regards to the two discrepancies noted by City Attorney Marek, as well as any other
discrepancies in the process that may be found.
Vote on Motion: 5-0. Motion declared carried unanimously.
Story County Auditor Mary Mosiman stated that she has provided potential special election dates
to the City, under the current 60-day notice law. If the City Council sets a date for a special
election at this meeting, the first available date is August 29. The next available date is
September 5, which is the day after Labor Day and would require double-time pay for some
County staff to get ready for the election. Also, early voting the day before the election would
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not be available because of the holiday. September 12 is not an option because that is the date
of the school election and there are different boundaries for school and city elections. September
19 through November 28 are blacked-out because of the possibility of a run-off election after the
special election, which must be within 32 days after the canvas of the special election (two days
after the election). Black-out dates are necessary for every general election to prepare the
machines and for canvassing of votes, or making the results official. No other elections are
allowed three weeks prior to the general election or three weeks after. The next available date
after the general election is December 5.
The general election to be held on November 7 allows for only Federal, State and County
elections. City elections on a general election ballot are allowed on only odd numbered years.
The voter registration cut-off for an August 29 special election is ten days prior to the election.
Council Member Doll noted that if August 29 were chosen, then anyone moving into town on
August 20, probably about 20% of the population in Ward 2, would not be able to vote because
they would not be registered to vote in time, but the September 5 date would work. If a petition
is filed by Ward 2 registered voters, the special election must be held on the first practicable date.
The new law, in effect on July 1, provides for 32 days notice for a special election, but candidacy
filing still requires 47-71 days. Mayor Campbell recommended that the decision be made at the
next regular City Council meeting on July 11.
AMENDMENT TO AMES VETERANS’ MEMORIAL AGREEMENT: Herman Quirmbach,
1002 Jarrett Circle, representing the Veterans’ Memorial Committee, thanked the City Council
for their support of this project. The City Council is being asked to take action to include a
contract addendum that includes two additional granite pavers at either end of the walkway into
the memorial, each inscribed with “With deepest gratitude we dedicate this memorial to honor
all veterans who served our country and remember those who gave their lives that this nation
might live in peace and freedom.”
Moved by Goodhue, seconded by Rice, to adopt RESOLUTION NO. 06-261 approving the
amendment to the Veterans’ Memorial Agreement.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
SETTING DATE OF PUBLIC HEARING FOR VACATING EXCESS RIGHT-OF-WAY ON
SOUTHEAST 16TH STREET EAST OF SOUTH BELL AVENUE: Moved by Goodhue,
seconded by Goodman, to adopt RESOLUTION NO. 06-262 setting the date of public hearing
for July 25, 2006, for vacating excess right-of-way on Southeast 16th Street east of South Bell
Avenue.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
GRAND AVENUE EXTENSION: Moved by Rice, seconded by Goodhue, to adopt
RESOLUTION NO. 06-263 approving the Federal-aid Agreement with the IDOT for a
SAFETEA-LU Highway Demonstration Project providing up to $4,000,000 in High Priority
Projects federal funds.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
MAJOR FINAL PLAT FOR SOMERSET SUBDIVISION, 21ST ADDITION: Moved by
Goodhue, seconded by Doll, to adopt RESOLUTION NO. 06-265 approving the Major Final Plat
for Somerset Subdivision, 21st Addition.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
STATUS REPORT ON WATER SUPPLY: Water and Pollution Control Director Tom Neumann
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explained that since it is only June and has been hot and dry recently, there has been record water
usage in the last three weeks. The City’s aquifers are stressed and staff wants to make City
Council aware of what may need to take place later this summer. The low-head dam at River
Valley Park was constructed in the mid-80's to create a permanent recharge pool at the optimum
location for the City’s aquifer. Now that the City owns Ada Hayden Park (formerly Hallett’s
Quarry) the lakes can provide water upstream to recharge the aquifer if needed.
The water rationing ordinance, updated in 2001, created a series of water saving mandates that
would be imposed upon a declaration by the City Council of a public water shortage. There are
four stages in the water rationing program. Stage One is voluntary and hopes to use peer pressure
to get citizens to conserve water in whatever way they choose. Stage Two provides for minor
mandatory restrictions. Run-off while watering lawns would not be allowed. Car washing would
be limited to commercial establishments, while car washes for fund raisers or washing cars in
a driveway would not be permitted. Lawn watering would be restricted to an odd-even basis,
those that have a street address that ends with an odd number would be eligible to water lawns
only on odd numbered days, etc. Stage Three includes all the restrictions in Stage Two and adds
a mandatory base allocation. Each customer would be restricted to 1.5 times the volume of water
that they used during the winter months. For every gallon used over that amount they would be
charged a surcharge of about a penny per gallon, currently it’s about 6 gallons per penny. Lawn
watering would be restricted to every fifth day, depending on the street address. Car washing
would be allowed only in commercial car washes that have installed water recovery equipment.
Stage Four includes all the restrictions already given, but the base allocation would be at 1.1
times the winter use, with the premium rate changing to approximately three cents per gallon.
All car washing would be eliminated. All vegetation watering would be eliminated, with
provisions for some watering of new plantings and sod to a certain point, plus a limited amount
of watering for those with vegetable and flower gardens. The City Council does not need to make
a declaration at this time, but a lot more rain is needed as we are currently about 6" below the
normal rainfall total for the year and had minimal recharge last winter. Citizens are being
encouraged to start conservation measures so that the more stringent measures may not be
required.
PRELIMINARY PLANS AND SPECIFICATIONS FOR STANGE ROAD SUBSTATION TO
AMES POWER PLANT 161/69 K-V TRANSMISSION LINE CONSTRUCTION
PROJECT: Moved by Goodhue, seconded by Goodman, to adopt RESOLUTION NO. 06-266
approving preliminary plans and specifications for the Stange Road Substation to Ames Power
Plant 161/69 k-V Transmission Line Construction Project; setting July 26, 2006 as the bid due
date and August 8, 2006 as the date of public hearing.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON LIME SLUDGE DE-WATERING LAGOONS EXPANSION: The Mayor
opened the hearing. No one came forward to speak, and the hearing was closed.
Moved by Goodhue, seconded by Goodman, to adopt RESOLUTION NO. 06-267 approving
proceeding with the project and acquisition of property and property interests.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON TRANSFER OF A PORTION OF LINCOLN WAY RIGHT-OF-WAY
BETWEEN BEEDLE DRIVE AND DOTSON DRIVE TO HY-VEE: Mayor Campbell
opened the public hearing and closed same after no one requested to speak.
Moved by Goodman, seconded by Goodhue, to adopt RESOLUTION NO. 06-268 approving the
transfer of Lincoln Way Right-of-way between Beedle Drive and Dotson Drive to Hy-Vee.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
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made a portion of these minutes.
ORDINANCE ADOPTING PROPOSED CHANGES TO THE ELECTRIC UTILITY
RATES: Holly Fuchs of 806 Brookridge, Ames, stated that she supports the idea that the rate
structure does affect your demand. A residence she owns that has very little usage pays a large
amount per kilowatt hour compared to where she lives, which uses a lot more electricity. She
thinks it is unfair to have a 3.5% increase on something that isn’t using much electricity, just
because of a rate structure that charges a flat $30.00.
Moved by Goodhue, seconded by Goodman, to pass on first reading an ordinance adopting
proposed changes to the electric utility rates.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE ASSIGNING ANNEXED LAND TO WARDS AND PRECINCTS: Moved by
Goodman, seconded by Doll, to pass on second reading an ordinance assigning annexed land to
Wards and Precincts.
Roll Call Vote: 5-0. Motion declared carried unanimously.
Moved by Goodhue, seconded by Goodman, to suspend the rules necessary for the adoption of
an ordinance.
Roll Call Vote: 5-0. Motion declared carried unanimously.
Moved by Goodhue, seconded by Goodman, to pass on third reading and adopt ORDINANCE
NO. 3879 assigning annexed land to Wards and Precincts.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE REZONING LAND FORMERLY PLANNED AS STREET RIGHT-OF-WAY
TO EXTEND HARRISON ROAD TO THE EAST AND ACROSS THE UNION PACIFIC
RAILROAD: Moved by Goodman, seconded by Rice, to pass on third reading and adopt
ORDINANCE NO. 3884 rezoning land formerly planned as street right-of-way to extend
Harrison Road to the east and across the Union Pacific Railroad from “FS-RM” (Residential
Medium Density) to “FS-RL” (Residential Low Density).
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
COMMENTS AND FUTURE AGENDA ITEMS: Moved by Popken, seconded by Goodman, to
ask staff to look at the bike path on Stange Road and general bike path connections.
Council Member Popken stated that developers should be encouraged to develop bike paths, but
asked if it were possible for the City to front the money for the paths and recover the funds later.
Mayor Campbell suggested that this was a budgetary item and should be considered at budget
time.
Moved by Popken, seconded by Goodman, to move the discussion for the Stange Road bike bath
to budget time and direct staff to bring information to the City Council about policies for general
bike path connections and specifically address whether the City could install bike paths and later
recoup the costs.
Vote on Motion: 5-0. Motion declared carried unanimously.
Moved by Popken, seconded by Goodman, to direct staff to contact Wolford Development to
negotiate a supplemental or amended agreement to include a welcome center and contribution
towards a bike path for the mall to be located at I-35 and East 13th Street.
Vote on Motion: 4-1. Voting Aye: Doll, Goodhue, Goodman, Popken. Voting Nay: Rice.
Motion declared carried.
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Moved by Popken, seconded by Goodman, to initiate a change in the Land Use Policy Plan for
the property located at Interstate 35 and E. 13th Street to Regional Commercial, excluding the
east Barilla site.
Council Member Rice asked if the Land Use Policy Plan is a legal barrier for the development
of the land. City Attorney Marek stated that the Land Use Policy Plan designation does not stop
the development agreement that is already in place from being enacted. Under the terms of that
agreement Wolford Development Options, L.L.C. has to purchase the land and do all of the
contractual obligations, which then requires the City to publish the Ordinance. Council Member
Rice asked Council Member Popken why he was recommending this, since Mr. Wolford can
fulfill the contract now, why this proposal, why now? Council Member Popken stated that he
thinks this City Council has tried to undo what the previous City Council had done with the
zoning and this City Council hasn’t really been able to do that. Popken said his proposal puts
forth that the City could get some concessions from Mr. Wolford. Council Member Rice stated
that at the joint meeting with the Planning and Zoning Commission the City Council talked about
what a Land Use Policy is. They decided that it’s basically a statement to anybody wanting to
develop land within our City or the two mile radius, and what the City Council envisions as the
best use of the land. Council Member Rice asked Council Member Popken, by wanting to
change this back to Regional Commercial if he thought this was the best use of the land. Council
Member Popken said that he feels that at this point, given how the proposal is laid out and if the
concessions agreed on are met, then the City should move forward with the land use plan change.
Council Member Goodman said it was also important to note that the Land Use Policy Plan is
not just a vision of what he or the Council right now even thinks the world should be; it is a
combination of hope and also of reality and that you can just look at it as just a dreamscape.
There are things in the Land Use Policy Plan that he doesn’t like and would say that this will
eventually be one of them, however because of other circumstances he thinks making the change
will yield more good than not making the change. Mayor Campbell pointed out that historically
the City tries to keep the Land Use Policy Plan in sync with Zoning.
Vote on Motion: 4-1. Voting Aye: Doll, Goodhue, Goodman, Popken. Voting Nay: Rice.
Motion declared carried.
Council Member Goodman stated that he received email correspondence from Sue Sturges who
owns land on Grant Avenue and has concerns about how their property is being handled in the
Urban Fringe Plan. Assistant City Manager Bob Kindred said that he had talked with the
Sturges’s and that following up on the Urban Fringe Plan is the best way to address their
concerns. Staff will have a response when the Urban Fringe Plan is presented to the City Council
on July 11, just prior to the joint Urban Fringe meeting of July 17.
ADJOURNMENT: 9:18 p.m.
_______________________________________________________________________
Diane R. Voss, City Clerk Ann H. Campbell, Mayor
___________________________________
Suzanne Thompson, Recording Secretary
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