HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 01/11/2005 MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA JANUARY 11, 2005
The Ames City Council met in regular session at 7:00 p.m. on the 11th day of January, 2005, in the City
Council Chambers in City Hall, 515 Clark Avenue, pursuant to law with Mayor Tedesco presiding and the
following Council members present: Cross, Goodhue, Goodman, Mahayni, Vegge, and Wirth. Andrew
Tugan, ex officio member, was also present.
Mayor Tedesco announced that the developers had withdrawn their request to change the Land Use Policy Plan
for property located at the northwest corner of North Dakota Avenue and Lincoln Way; therefore, Item No.
24 was moot. Also, the owner of the land located adjacent to the east boundary of 2363-210th Street in Boone
County, which was the subject of Item No. 25, had withdrawn his request. The Mayor also pointed out that
Exhibit “D” to the Programmatic Agreement with the State Historic Preservation Office (Item No. 12) had been
placed around the dais.
The Mayor announced that Council Member Daryle Vegge would serve as Mayor Pro Tem from January
through December 2005.
PRESENTATION OF COMMUNITY RELATIONS COMMISSION FINAL REPORT: Assistant
City Manager Bob Kindred and Laura Bestler-Wilcox and William Rock, Co-Chairs of the Commission
on Improving Relations Among ISU Students, the University, the City of Ames, and the Ames
Community, presented their Final Report to the Mayor and City Council. The 13 recommendations
contained in the Report were reviewed.
CONSENT AGENDA:. Moved by Goodhue, seconded by Mahayni, to approve the following items on the
Consent Agenda:
1.Motion approving payment of claims
2. Motion approving minutes of the regular meeting of December 21, 2004
3. Motion approving renewal of the following beer permits and liquor licenses:
a.Class B Liquor - Quality Inn & Suites, 2601 E. 13th Street
4.Motion approving new Class C Beer Permit for Casey's Store #2560, 3020 S. Duff Avenue
5. Motion accepting Report to Management and the Statement of Auditing Standards No. 61 Letter for
year ended June 30, 2004
6. Motion accepting report of bids and setting hearing date for January 25, 2005, for Fiber Optic Cable
for the City WAN project
7. RESOLUTION NO. 05-001 approving and adopting Supplement No. 2005-1 to the Ames Municipal
Code
8. RESOLUTION NO. 05-002 approving appointment of Ngaire Hemmen to fill vacancy on the Public
Art Commission
9. RESOLUTION NO. 05-003 appointing representative to Central Iowa Committee for Urban Design
and Specifications
10. RESOLUTION NO. 05-004 approving Spring 2005 COTA Mini-Grant Contracts
11. RESOLUTION NO. 05-005 approving 37-month Telephone Service Agreement with Qwest in the
amount of $4,450.32/year
12. RESOLUTION NO. 05-006 approving Programmatic Agreement with State Historic Preservation
Office (SHPO) in connection with the City’s Community Development Block Grant program
13. RESOLUTION NO. 05-007 approving suspension of parking regulations in the Central Business
District on January 27, 28, and 29, 2005, for Downtown Dollar Days
14. RESOLUTION NO. 05-008 approving preliminary plans and specifications for Unit No. 8 – Turbine
Generator Inspection; setting January 31, 2005, as bid due date and February 8, 2005, as the date of
public hearing
15. 2004/05 Bridge Rehabilitation Program:
a. RESOLUTION NO. 05-009 approving 28E Agreement with Story County for project funding
b. RESOLUTION NO. 05-010 approving preliminary plans and specifications; setting February 15,
2005, as bid due date and February 22, 2005, as date of public hearing
16. RESOLUTION NO. 05-111 approving contract and bond for 2004/05 Sidewalk Safety Program
17. RESOLUTION NO. 05-112 approving contract and bond for Westbend Drive Area Storm Sewer Outlet
Erosion Control
18. RESOLUTION NO. 05-113 approving contract and bond for Combustion Turbine Generator, Contract
No. 12 – Electrical Installation
19. RESOLUTION NO. 05-114 accepting completion of the Fifth Street/Grand Avenue Parking Lot
20. RESOLUTION NO. 05-115 approving Final Minor Plat for Jamison Subdivision
Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
PUBLIC FORUM: No one wished to speak during this time.
HEARING ON NORTHEAST GATEWAY OVERLAY DISTRICT (O-GNE): Mayor Tedesco
opened the public hearing.
Sue Ravenscroft, 455 Westwood, Ames, expressed several concerns she had about the proposed
ordinance: (1) The buffer to Ketelsen Marsh was originally promised by Wolford Development to be
600' wide; however, that had been narrowed, and in some places, would be only 100' wide. (2) The
ordinance was not clear as to the exact area to which it applied. (3) The Steering Committee asked that
brick and stone be primary elements of the building facade, but that language was removed because
Wolford Development said they could not make their anchor stores agree with that. (4) The ordinance
did not comply with the City’s Comprehensive Land Use Plan. (5) Energy standards were dropped
from the ordinance despite the Steering Committee’s repeated requests for them. (6) This ordinance
is a very significant piece of legislation, but it could be changed by a simple motion of the City
Council, without public input, and without public notice. (7) The final version of the ordinance did
not appear in the paper, as is usually done; so people did not have the usual two-week notice. Ms.
Ravenscroft believed that Developer Bucky Wolford had undue influence on this ordinance. She did
not feel that the scope of this ordinance was well-defined and she was concerned about the process.
According to Ms. Ravenscroft, the numbers that the City was relying on were not reliable.
Mayor Tedesco explained that any change to the ordinance, once adopted, may not be done by a simple
motion; a public hearing would again be held. Also, City Attorney John Klaus advised that ordinances
were not published until three readings and adoption were completed; the ordinance becomes law once
it is printed in the paper.
Joe Rippetoe, 419 Pearson Avenue, Ames, indicated that he had concerns over the process and how
the ordinance would function. It seemed to him that the overlay ordinance improperly delegated
authority to amend zoning ordinances to the Planning and Housing Department. He said the reason
that this was improper was because it conflicted with the charge that has been given to the Planning
and Zoning Commission. Mr. Rippetoe pointed out that the Planning and Zoning Commission had not
reviewed this ordinance since mid-November; however, many changes had been made since that time
by City staff. He said that the staff was not elected; people elect the City Council, and they in turn,
have given the power to the Planning and Zoning Commission to make recommendations to the City
Council. Referring to minor amendments, Mr. Rippetoe said he did not believe that authority should
be given to the staff of the Planning and Housing Department. He urged the Council not to pass the
ordinance in its present form, but make the necessary corrections and send the final version back to the
Planning and Zoning Commission for review.
Council Member Mahayni pointed out that many of the changes directed by the City Council to be
made to the ordinance came from the recommendation of the Planning and Zoning Commission.
Holly Fuchs, 806 Brookridge, Ames, referenced Section 29.1109(3) of the proposed ordinance and
inquired why Master Plan approval was not required prior to approving requests for rezoning. She
wanted to know what advantages there were to not requiring a Master Plan approval before rezoning,
as this was changed from the original draft. Ms. Fuchs believed that it would be beneficial to the City
to know what it was going to get before they allowed a very valuable piece of land to be developed.
David Metzler, 1205 Michigan Avenue, Ames, said that he had not seen many facts or openness
associated with the proposed development of a mall at E. 13th Street and Interstate 35. He named many
good things that the City of Ames had done in the past, which had met with approval of the majority
of Ames residents; however, the proposal to put a mall out on the highway and to move the retail center
of Ames to the Interstate was exceedingly divisive. Mr. Metzler said that it was not wise for the City
to proceed rapidly on such a divisive issue. He felt that the Council would hurt themselves and the
City if Wolford Development was invited to put the mall out by the highway. Mr. Metzler asked the
Council to move slowly and postpone this action. He also asked that the Council explain themselves
to the City as to why they wanted this mall. According to Mr. Metzler, people were talking about the
mystery as to why the City Council wanted this mall. He asked “who was getting the money and why
was money talking so big.”
No one else asked to speak, and the Mayor closed the hearing.
Moved by Goodhue, seconded by Cross, to pass on first reading an ordinance making text amendments
to the Zoning Ordinance establishing the Northwest Gateway Overlay District, including design
guidelines and design standards.
Roll Call Vote: 5-1. Voting aye: Cross, Goodhue, Mahayni, Vegge, Wirth. Voting nay: Goodman.
Motion declared carried.
HEARING ON TEXT AMENDMENT TO THE ZONING ORDINANCE TO ALLOW COLLEGES
AND UNIVERSITIES AS PERMITTED USES IN THE GENERAL INDUSTRIAL (GI) ZONING
DISTRICT: The public hearing was opened by Mayor Tedesco. No one wished to speak, and the hearing
was closed.
A letter had been received by the Mayor and City Council from Michael J. Sloter, Stott & Associates,
representing the owner of the DMACC Career Academy, requesting adoption of this ordinance at this
meeting.
Moved by Goodhue, seconded by Wirth, to pass on first reading an ordinance making a zoning text
amendment to allow colleges and universities as permitted uses in the General Industrial (GI) Zoning
District.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Wirth, seconded by Goodhue, to suspend the rules necessary for the adoption of an
ordinance.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Cross, seconded by Vegge, to pass on second and third readings and adopt ORDINANCE
NO. 3817 making a zoning text amendment to allow colleges and universities as permitted uses in the
General Industrial (GI) Zoning District.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
HEARING ON FEEDER UPGRADE AND DUCTLINE CONSTRUCTION: The Mayor opened
the public hearing and closed same after no one wished to speak.
Moved by Mahayni, seconded by Vegge, to adopt RESOLUTION NO. 05-016 approving final plans
and specifications and awarding a contract to Communication Technologies, Inc., of Huxley, Iowa, in
the amount of $94,390.
Roll Call Vote: 6-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
AMENDMENT TO LAND USE POLICY PLAN FOR PROPERTY LOCATED AT THE
NORTHWEST CORNER OF NORTH DAKOTA AVENUE AND LINCOLN WAY (TABLED
FROM 12/14/04): Eller Enterprises withdrew this request via an e-mail dated December 28, 2004.
REQUEST FOR WAIVER OF REQUIREMENTS FOR PUBLIC INFRASTRUCTURE FOR
PROPERTY ADJACENT TO THE EST BOUNDARY OF 2363-210TH STREET IN BOONE
COUNTY: Jim B. Moutray withdrew this request, stating that he would resubmit same at such time
as the Urban Fringe Plan was finalized. The request to withdraw, directed to the Ames City Council,
was received by the City via fax late this afternoon.
ELECTRIC TIE LINE: Council Member Vegge asked about the risks associated with purchasing
materials ahead of actual need. Electrical Engineer Jerry Borland advised that the City was
maintaining an aggressive schedule to purchase the materials because there was a very long lead time
for manufacturing them. Purchasing these materials at this point could save as much as 18 months.
Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 05-017 approving preliminary plans
and specifications for the Electric Tie Line Project for Circuit Breakers; setting February 9, 2005, as
bid due date and February 22, 2005, as date of public hearing.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 05-018 approving preliminary plans
and specifications for Power Autotransformers for the Electric Tie Line project; setting February 9,
2005, as bid due date and February 22, 2005, as date of public hearing.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
CONCEPTS REGULATING NON-STORMWATER DISCHARGE TO THE STORM SEWER
SYSTEM: Public Works Director Paul Wiegand gave the history behind this issue. A requirement of the
National Pollutant Discharge Elimination System Permit was that the City develop an illicit discharge
ordinance by March 1, 2005. The ordinance must provide for the prohibition of anything other than
storm water and allowable non-storm water and pollutants from being discharged to the municipal
storm sewer system.
Moved by Goodhue, seconded by Cross, approving the concepts regulating non-stormwater discharge
to the storm sewer system and directing that the ordinance be placed on the January 25, 2005, Agenda.
Vote on Motion: 6-0. Motion declared carried unanimously.
COMMENTS: Moved by Wirth, seconded by Goodhue, to refer to staff the letter from Hunziker &
Associates requesting that the City Council revise the approval process for townhouse areas within
Suburban Residential Zoning Districts.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Goodman, seconded by Cross, to refer to staff the letter from Kenneth E. Dunn, Ames Best
Pies, regarding Vending Permits issued by the City.
Vote on Motion: 6-0. Motion declared carried unanimously.
ADJOURNMENT: 8:26 p.m.
___________________________________ ____________________________________
Diane R. Voss, City Clerk Ted Tedesco, Mayor